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Swindell Subdivision RZ-15-011 AZ-15-010 PP-15-013 A-2016-0072CITY OF MERIDIAN IDIAN' ,IFINDINGS OF FACT, CONCLUSIONS OF LAW awl AND DECISION & ORDER D . � Hp� In the Matter of the Request for Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District; Rezone of 0.57 of an Acre and 5.09 Acres of Land from the C -G to the C -C Zoning District; and Preliminary Plat Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land for Swindell Subdivision, by Volante Investments, LLLP. Case No(s). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 For the City Council Hearing Date of: April 5, 2016 (Findings on April 10, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone, Annexation and Zoning, and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the conditions of approval in the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -2- 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -3- By action of the City Council at its regular meeting held on the �1N day of pY� , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED -1 -e3 COUNCIL VICE PRESIDENT JOE BORTON VOTED '� 2S COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 2S COUNCIL MEMBER TY PALMER VOTED -� CS COUNCIL MEMBER LUKE CAVENER VOTED__' �S COUNCIL MEMBER GENESIS MILAM VOTED eS MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta deWeerd _. o0Qv,#;r�d nUG,Us}� Attest:G City d E IDIANk- � IDAHO M �qy ' '•� 1. City Clerk 9o�lhr TREASVR�y Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By:A46 11L Dated:' �a City Cleric's 6iffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -4- EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 1 STAFF REPORT HEARING DATE: April 5, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Swindell Subdivision – RZ-15-011; AZ-15-010; PP-15-013; A-2016-0072 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, has applied for annexation and zoning (AZ) of 15.07 acres of land with a C-C zoning district; rezone (RZ) of 0.57 of an acre and 5.09 acres of land from the C-G to the C-C zoning district; and preliminary plat (PP) consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land for Swindell Subdivision. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and RZ with the requirement of a Development Agreement that includes the provisions in Exhibit B; and approval of the PP application in accord with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 3, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ, AZ, and PP requests. a. Summary of Commission Public Hearing: i. In favor: Brad Miller, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Applicant’s Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. If residential uses are an appropriate use for this site. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #2.1.1 in regard to installation of a water main (see Exhibit B). ii. Modification to condition #1.1.1a to not require a residential component of the development. e. Outstanding Issue(s) for City Council: i. None EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 2 The Meridian City Council heard these items on April 5, 2016. At the public hearing, the Council approved the subject RZ, AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Brad Miller ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. Delete condition #1.1.1.f, which required cross-access to be granted to the Maverik property to the east. ii. Modify condition #1.1.1.g to allow landscape buffers to be constructed at the time of lot development rather than with the subdivision improvements. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15- 011; AZ-15-010; PP-15-013 as presented in the staff report for the hearing date of April 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-011; AZ-15-010; PP-15-013 as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-15-011; AZ-15-010; PP-15-013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the SE ¼ of Section 18, Township 3 North, Range 1 East. B. Applicant: Volante Investments, LLLP 3084 E. Lanark Street Meridian, ID 83642 C. Owners: Ronald W. Van Auker/Volante Investments, LLLP 3084 E. Lanark Street Meridian, ID 83642 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 3 Northwest Pipeline Corporation P.O. Box 58900 Salt Lake City, UT 84158-0900 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, rezone, and preliminary plat which require a public hearing before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15, and 29, 2016 (Commission); March 14 and 28, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: February 5, 2016 (Commission); March 10, 2016 (City Council) D. Applicant posted notice on site by: February 16, 2016 (Commission); March 18, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: The Northwest Pipeline facility exists on the northeast portion of the property included in the plat at 1301 S. Locust Grove Road, zoned C-G; and an existing home and outbuildings exist on the remaining portion of the site, zoned RUT in Ada County with a sliver at the north boundary of the site zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned C-G and RUT in Ada County South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C-C; and E. Overland Road and single-family residences across Overland, zoned R-4 East: S. Locust Grove Road and vacant/undeveloped industrial and commercial land, zoned I-L and C-G West: Church, zoned L-O; vacant/undeveloped land, zoned C-G; a daycare facility, zoned C-G; and an ACHD retention pond, zoned RUT in Ada County C. History of Previous Actions:  The property owned by Northwest Pipeline at the northeast corner of the plat area was annexed into the City in 2006 (Ordinance #06-1239). A strip of land along the north boundary was also previously annexed with a C-G zoning district; however, the ordinance information is shown as “pending” in the City’s mapping data therefore staff is unaware of the history on this portion.  An application for annexation and zoning (AZ-08-015), rezone (RZ-08-009), preliminary plat (PP-08-012) and alternative compliance (ALT-08-027) was approved in 2009 for Fignut subdivision; however, the development agreement was never executed and the property was not annexed and the approvals have expired. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 4 D. Utilities: Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exist directly to the west of the subject site, as well as along the south side in E. Overland Road. Location of water: Water mains intended to provide service to the subject site currently exists to the east and south in S. Locust Grove Road and E. Overland Road respectively. Issues or concerns: Applicant shall be required to install a sanitary sewer and water mains through the development to provide service to each lot. E. Physical Features: 1. Canals/Ditches Irrigation: The Ninemile Creek runs along the west boundary of this site and has been piped on this property; the applicant states the piping took place several years ago. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: A portion of this property lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS This site is designated Mixed Use – Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to allocated areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 27). The following items should be considered when reviewing development application in MU-C designated areas:  Development should comply with the general guidelines for development in all Mixed Use areas (see pages 22-24 in the Comprehensive Plan);  All developments should have a mix of at least 3 land use types;  Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre;  Non-residential buildings should be proportional to and blend in with adjacent residential buildings;  Vertically integrated structures are encouraged;  Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot building footprint. For the development of public school sites, the maximum building size does not apply;  Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count toward this requirement; EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 5  Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Sample uses appropriate in MU-C designated areas would include: All MU-N categories and community-serving uses such as a grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops. The applicant intends to develop the property as a community business development with 7 new building lots; however, a conceptual site plan was not submitted with the application. Without a concept plan, the City has no assurance of how the property will ultimately develop. Therefore, to ensure the site develops in accord with the MU-C designation as outlined above, staff recommends a conceptual site plan is submitted to the City and approved by Council prior to any development occurring on the site in the future. Staff has reviewed the subject application and offers the analysis and recommendations contained herein for the Commission and Council’s consideration (Staff analysis in italics):  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Provide housing options close to employment and shopping centers.” (3.07.02D) A minimum of 20% of this property should develop with residential uses at a density between 6-15 units/acre to provide housing options for nearby employment and shopping areas.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.).” (3.05.02A) A 50-foot wide landscape buffer is depicted along the north boundary of the site adjacent to Interstate 84 and street buffer landscaping is proposed along public streets adjacent to this site and within the development which should be compatible with surrounding uses. A 6-foot tall vinyl fence already exists around the Northwest Pipeline property.  “Plan for and encourage services like health are, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) Community serving uses such as those listed or similar uses should develop on this site within walking distance of residences to the south.  “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” (3.06.02B) The proposed community commercial development is located adjacent to two arterial streets (Overland and Locust Grove Roads) and residential neighborhoods to the south. The proposed development should provide community serving uses to these residents and passersby.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is required to be provided within planter islands in parking areas on this site as required by UDC 11-3B-8C and within street buffers as required by UDC 11-3B-7C as proposed. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 6  “Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) The applicant is responsible for installing a 25-foot landscape buffer along S. Locust Grove and E. Overland Roads; a 50-foot landscape buffer adjacent o I-84; and a 10-foot landscape buffer adjacent to the proposed local streets (E. Bird Dog Drive and S. Fignut Way) within the development.  “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) The preliminary plat depicts one existing access (Bird Dog) via Locust Grove and one proposed access (Fignut) via Overland, both arterial streets. No other curb cuts or accesses are proposed.  “Plan for a variety of commercial and retail opportunities within the Impact Area.” (Chapter VII, Goal 1, Objective B) The MU-C designation and proposed C-C zone should provide for the development of a variety of commercial and retail opportunities within this area of the City which will contribute to existing church, daycare, office and convenience store/fuel facility uses. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The C-C district allows a larger scale and broader mix of retail, office, and service uses (than C- N) with access to arterials or residential collectors. The C-G district allows the largest scale and broadest mix of retail, office, service and light industrial uses in close proximity and/or access to interstate or arterial intersections. B. Allowed Uses: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C- C and C-G zoning districts. The applicant does not have a specific use identified for the proposed C-C zoned lots; the C-G zoned lot is already built out as the Northwest Pipeline facility. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2B-3 for the C-C and C-G zoning districts as applicable. D. Landscaping: Landscaping is required to be provided with development in accord with the dimensional standards listed in UDC Table 11-2B-3 and the standards listed in UDC 11-3B. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION & ZONING (AZ) AND REZONE (RZ): The applicant requests approval to annex & zone 15.07 acres of land with a C-C zoning district; and rezone of 0.57 of an acre and 5.09 acres of land from the C-G to the C-C zoning district. The C-C zoning district proposed with the annexation and zoning & rezone is consistent with the FLUM designation of MU-C for this property. The applicant has not submitted a conceptual development plan showing how the site is intended EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 7 to develop. The proposed C-C zoning allows for a wide variety of uses. Without a concept plan or details on how the site will develop in the future, staff is not comfortable recommending approval of the annexation and zoning request without some assurance the site will develop in accord with the MU-C designation. Therefore, as a provision of annexation and rezone, staff recommends a development agreement is required as allowed by Idaho Code section 67-6511A that contains the provisions listed in Exhibit B. The legal descriptions submitted with the application for the annexation & zoning and rezone, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property is contiguous to land that has been annexed into the City, or is already in the City, and is within the Area of City Impact boundary. 2. PRELIMINARY PLAT (PP): The applicant submitted a preliminary plat consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land in the proposed C-C district and C-G district for Swindell Subdivision. Note: A property boundary adjustment (Record of Survey #8418), which shifted the southern boundary of the Northwest Pipeline property, was recorded in 2008 and was not approved by the City and therefore not recognized as a “legal” boundary adjustment. Therefore, Staff requested this property be included as a lot in the proposed subdivision in order to make it a “legal” property eligible for future permits. The applicant requests to be allowed up to 2 building permits throughout the platting process prior to the final plat being recorded if needed. Because there are at least 2 original parcels of record on this site, staff is amenable to this request. Prior to submittal of a 3rd building permit, the property should be subdivided. Staff has become aware that a cell tower may be constructed on this site in the future. Because annexation into the City is requested, Staff recommends a cell tower is not allowed on this site unless it is approved by the City. Full array towers are prohibited; slimline or stealth towers may be principally permitted if they comply with the associated standards, otherwise condition use approval is required (see UDC 11-4-3-43 for more information). Existing Structures: There is an existing home and accessory structures on the portion of this site that is currently in the County that are proposed to be removed; these structures are required to be removed prior to City Engineer signature on the final plat or issuance of the first building permit, whichever occurs first. The Northwest Pipeline facility exists on the C-G zoned portion of the site on Lot 5, Block 1at the northeast corner of the property; these structures are proposed to remain. All existing structures proposed to remain should comply with the setback requirements of the C-G zoning district listed in UDC Table 11-2B-3. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2B-3 for the C-C and C-G zoning districts. All of the lots comply with the minimum standards. Future construction of buildings on this site should comply with the setback and dimensional standards for the C-C and C-G districts as applicable. There are no setback requirements in the C-C or C-G districts; however, there is a street buffer requirement of 25-feet along Locust Grove and Overland which essentially serves as a building setback. Because additional right-of-way (ROW) was dedicated for the widening of Locust Grove and the construction of the overpass, the existing structure on proposed Lot 5, Block 1 nearest Locust Grove Road is now located within 10 feet of the property line and encroaches within the required street buffer area. For this reason, it is considered non-conforming. Further, because EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 8 there is a significant slope in this area, staff is not recommending a street buffer is required along Locust Grove between I-84 and E. Bird Dog Lane; therefore, the structure is not required to be removed. An ACHD ROW and slope easement also exists in that area as depicted on the landscape plan. Access: There is an existing private street access (E. Bird Dog Ln.) and a shared right-in/right-out driveway access within a cross-access easement (Inst. #105004260) with the Maverik property via S. Locust Grove Road; and a new access proposed via E. Overland Road. Local streets (S. Fignut Way and E. Bird Dog Drive) are proposed for access within the development from the adjacent arterial streets. Local street access is not available to this property. Therefore, the proposed accesses comply with the standards listed in UDC 11-3A-3 for access to public streets. To provide connectivity between the Maverik parcel (#S1118449650) and Lot 4, Block 2, staff recommends a cross-access easement is provided via a note on the recorded plat or a separate recorded easement. Stub Streets: There are no existing stub streets to this property and none are proposed to adjacent properties with this development. A 54-foot wide access easement to the property to the west (Lot 2, Block 1, Pack It Up Subdivision) is depicted at the intersection of Bird Dog and Fignut; this access should assist in reducing access points on Overland Road. Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. Landscaping: Street buffers are required per UDC Table 11-2B-3 as follows: a 50-foot wide buffer is required along Interstate 84; a 25-foot wide street buffer is required along S. Locust Grove and E. Overland Roads, both arterial streets; and a 10-foot wide buffer is required along E. Bird Dog Drive and S. Fignut Way, both local streets. Landscaping is required in accord with the standards listed in UDC 11-3B-7C. The UDC (11-6C-3H) does not require street buffers on local streets (i.e. E. Bird Dog Drive and S. Fignut Way) to be installed until the time of lot development; improvements aren’t required to be installed at the time of plat approval – buffers along all other streets (i.e. S. Locust Grove, E. Overland, and I-84) are required to be installed at the time of plat approval. The applicant has requested Council approval to defer installation of the buffer along I-84 until the time of lot development to prevent landscaping from being damaged during construction; there is not a provision in the UDC that allows deferral of this requirement. The applicant has submitted a request for Alternative Compliance to the standards listed in UDC 11-3B-7C.3 that require trees to be planted within the street buffer along the west side of the property adjacent to S. Fignut Way; an irrigation and drainage easement exists in this location that does not allow trees to be planted within the easement. A total of 27 trees are required within a 10-foot wide street buffer along Fignut and a 5-foot wide buffer along the south side of Lot 2, Block 1, with vegetative groundcover (native grass & shrubs). As an alternative, the applicant proposes to landscape all of Lot 1, Block 1, which is a 35-foot wide common lot along the west side of Fignut; and install a 25-foot wide buffer along the southern boundary of Lot 2, Block 1. Staff is amenable to the applicant’s request and proposed alternative compliance and Director approval is granted. Existing Trees: There are several existing trees depicted on the landscape plan. Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacemen t in addition to required trees. The Applicant should contact Elroy Huff, City Arborist (371-1755) at the Meridian Parks Department, for any trees that will be removed. Pathway: A pathway is not designated on the Pathways Master Plan for this site. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 9 Waterways: The Ninemile Creek exists on this site along the west boundary and was previously piped. Because this site is located in the County, City approval was not needed to pipe the creek. The UDC (11-3A-6) requires creeks to remain open as a natural amenity and not be piped or otherwise covered. Fencing: An existing 6-foot tall vinyl fence is depicted on the landscape plan along the boundaries of the Northwest Pipeline site; there is also an existing fence along the north and northwest boundaries of the plat. All fencing should comply with the standards listed in UDC 11- 3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. An attached sidewalk already exists along the frontage of the site on E. Overland Road and S. Locust Grove Road; the UDC requires detached sidewalks along arterial streets. However, because the sidewalk was recently constructed and in good condition, staff is not recommending it be reconstructed. A minimum 5-foot wide attached sidewalk is required internally along both sides of E. Bird Dog Drive and S. Fignut Way as proposed. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: Five conceptual building elevations were submitted for this development, included in Exhibit A.4. Construction materials depicted for the structures consist of E.F.I.S and stucco with stone veneer accents. Flat roofs are proposed, some with varying parapet heights and cornices; others have no variations in profile. Some have modulation in the façade, others are lacking. Overhead doors are also proposed on a couple of the rear elevations. Detailed review of structures proposed to be constructed on this site will take place with submittal of an Administrative Design Review application concurrent with the Certificate of Zoning Compliance application. The elevations submitted with this application are not approved. Future structures proposed in this development should be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Conceptual building elevations should be submitted with the concept plan when the development agreement is modified prior to development that incorporates these items and that are generally consistent with current design standards. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). Staff recommends approval of the proposed RZ and AZ applications with the requirement of a development agreement; and the PP application with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 10 2. Proposed Preliminary Plat (dated: 1/13/16) 3. Proposed Landscape Plan (dated: 9/29/15) 4. Proposed Building Elevations B. Agency & Department Comments/Conditions C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 11 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 12 Exhibit A.2: Proposed Preliminary Plat (dated: 1/13/16) EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 13 Exhibit A.3: Proposed Landscape Plan (dated: 9/29/15) EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 14 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 15 Exhibit A.4: Proposed Building Elevations (NOT APPROVED) EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 16 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 17 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 18 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 19 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 20 B. Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation and rezone of this property. Prior to the annexation and rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation/rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Prior to any development occurring on the site (including issuance of building permits), the development agreement shall be modified to include a conceptual development plan and building elevations for the overall development. The conceptual plan shall demonstrate consistency with the Mixed Use – Community designation per the Comprehensive Plan and shall include at least 3 land use types. Residential uses shall comprise a minimum of 20% of the development area at a density ranging from 6 to 15 units per acre. Conceptual building elevations for future structures within this development shall be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). b. The subject property is allowed two (2) building permits prior to subdivision of the property. Prior to submittal of the third building permit, the subject property shall be subdivided. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on the final plat or issuance of the first building permit, whichever occurs first. d. Future development of this site shall substantially comply with the preliminary plat and site/landscape plan included in Exhibit A and the conditions contained herein. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. f. A cross-access/ingress-egress easement shall be provided between the Maverik parcel (#S1118449650) and Lot 4, Block 2 via a note on the final plat or a separate recorded easement in accord with UDC 11-3A-3A. g. The developer shall provide a 35-foot wide buffer along the west boundary of the site adjacent to S. Fignut Way; and a 25-foot wide buffer along the southern boundary of Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A-2016-0072) to UDC 11-3B-7C.3. Because of the irrigation and drainage easement that exists along the west boundary of the site, trees are prohibited within the easement. All buffers may be constructed at the time of lot development. h. A cell tower shall not be constructed on this site unless specifically approved by the City. 1.1 Site Specific Conditions of Approval (Preliminary Plat) EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 21 1.2.1 The preliminary plat prepared by Munger Engineering, dated 1/13/2016, attached in Exhibit A, is approved with the following modifications: a. Depict and label the 100-foot wide NMID easement along the west boundary of the site for the Ninemile Creek. b. Depict and label the 20-foot wide ACHD drainage easement that parallels the irrigation easement along the west boundary of the site and connects to the ACHD detention pond located west of Lot 2, Block 1. 1.1.2 The landscape plan prepared by South Landscape Architecture, dated 9/29/2015, attached in Exhibit A, is approved with following modifications: a. Depict the location of the NMID 100-foot wide easement and ACHD 20-foot wide easement along the west boundary of the site. 1.1.3 A portion of the Development lies within the Meridian Floodplain Overlay District. Development shall comply with the provisions for Flood Damage Prevention contained in Meridian City Code Title 10 Chapter 6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Bicycle parking spaces shall be consistent with the design standards set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards set forth in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 22 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Administrative Design Review from the Planning Division, prior to submittal of building permit application(s). 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to install an 8-inch diameter water main to the west boundary line of the development in general alignment with the ACHD gravel access road to the drainage retention basin off the NW corner 54-foot access easement for Lot 2, Block 1 of Pack It Up Subdivision. 2.1.2 A street light plan will need to be included in the civil construction plans. The plan will need to include the installation of Type 1 lighting along Records Road. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall be dedicated using the City of Meridian’s standard forms. Applicant shall submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 23 the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 24 Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The proposed project has no Fire Department concerns. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment at this time on this development. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 7. ADA COUNTY HIGHWAY DISTRICT On February 23, 2009 the Ada County Highway District reviewed and approved this site as Fignut Subdivision (MAZ-08-015/MAZ-08-009/MPP-08-012). The District had site specific requirements related to that application which also apply to the current application (see below). The applicant will be required to pay all applicable platting and review fees prior to final approval. 7.1 Site Specific Conditions of Approval 7.1.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. 7.1.2 Either dedicate 60-feet of right-of-way from the centerline of Overland Road, OR dedicate 50- feet of right-of-way from the centerline of Overland Road and provide a 10-foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 7.1.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500-feet north of Overland Road (measured centerline to centerline). 7.1.5 Construct the Fignut Way to intersect Overland Road located approximately 600-feet west of Locust Grove Road (measured centerline to centerline). 7.1.6 Construct Bird Dog Drive and Fignut Way as 40-foot commercial/industrial street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalk on both sides. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 25 7.1.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District’s Tree Planter Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 26 C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 27 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 28 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 29 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 30 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 31 EXHIBIT A Swindell Subdivision RZ-15-011; AZ-15-010; PP-15-013 PAGE 32 D. Required Findings from Unified Development Code 1. ANNEXATION FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed map amendment of 15.07 acres to the C-C zoning district is a compatible zoning district in MU-C designated areas per the Comprehensive Plan. Future development should be consistent with the Comprehensive Plan for the MU-C designation. See Section VII of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property should provide for the retail and service needs of the community in accord with the purpose statement of the commercial districts and the development regulations for the C-C district if the development agreement provisions are adhered to. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds the proposed annexation is in the best interest of the City if the Applicant enters into Development Agreement with the City as required. 2. REZONE FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; EXHIBIT A Exhibit D - 1 - The City Council finds that the proposed map amendment of 5.66 acres of land from the C-G to the C-C zoning district is a compatible zoning district in MU-C designated areas per the Comprehensive Plan. Future development should be consistent with the Comprehensive Plan for the MU-C designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property should provide for the retail and service needs of the community in accord with the purpose statement of the commercial districts and the development regulations of the C-C district if the development agreement provisions are adhered to. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best interest of the City. The City Council finds that this finding is not applicable as the proposed application if for a rezone. 3. PRELIMINARY PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial conformance with the adopted Comprehensive Plan. The City Council supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. EXHIBIT A d. There is public financial capability of supporting services for the proposed development; Based on comments provided in this report, the City Council finds there is public financial capability of supporting services for the proposed development. See Exhibit B for more information. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any historic features on this site; the Ninemile Creek which is considered a natural and scenic feature was previously piped along the west boundary of the site. Therefore, the City Council finds there are no significant existing features that should be preserved.