Fall Creek Meadows H-2016-0009CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0009
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 13.17 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of ninety-five (95) single-family residential building lots and ten
(10) common lots on 33.54 acres of land for Fall Creek Meadows Subdivision located south of W.
Overland Road on the east side of S. Linder Road, by Bear Creek West Development, LLC.
Case No(s ). H-2016-0009
For the City Council Hearing Date of: April 5, 2016 (Findings on April 19, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0009
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6. That the City has granted an order of approval of the annexation and zoning request 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 Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of April 5, 2016, incorporated by reference.
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 annexation and zoning was approved with an R-8 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of April 5, 2016, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of April 5, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
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 11-5B-3D).
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 11-5B-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
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
By action of the City Council at its regular meeting held on the
2016.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0009
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Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 1
STAFF REPORT
Hearing Date: April 5, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2016-0009 – Fall Creek Meadows
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Bear Creek West Development, LLC, has applied for annexation and zoning (AZ) of
13.17 acres of land with an R-8 zoning designation, a preliminary plat (PP) consisting of 95 single-
family residential building lots and 10 common on 33.54 acres of land in an R-8 zoning district, and a
modification to an existing development agreement (MDA)(Instrument #106151232) to incorporate
the surplus property purchased from the school district (Parcel #S1224244410) into the existing DA
for Fall Creek Meadows Subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the AZ, PP and MDA with the conditions of approval in Exhibit B in
accord with the Findings of Fact and Conclusions of Law in Exhibit D.
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 annexation and
zoning, and preliminary plat requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay, Denny Johnson
ii. In opposition: None
iii. Commenting: Denny Johnson,
iv. Written testimony: Becky McKay (Applicant)
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. Continued supply of irrigation water from the existing ditch to irrigate the properties
that have rights to use that water
ii. Fencing material type and potential for a berm of some sort for privacy for the
properties to the north.
iii. The potential to provide a stub street to the adjacent property to the north for future
development.
c. Key Issues of Discussion by Commission:
i. Maintenance of the irrigation ditch and who would be responsible for that
ii. The location of a stub street that will stub to a “reserve strip”, or a piece of property
that is not developable.
iii. Potential locations of a stub street(s) to the north.
iv. Potential of adjacent property owners to purchase the reserve strip and include it as
part of their property
d. Commission Change(s) to Staff Recommendation:
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 2
i. Modify a development agreement 1.1.1C to “Prior to Final Plat approval”. (See
condition 1.1.1C).
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on April 5, 2016. At the public hearings, the Council
moved to approve the AZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. The reserve strip and the stub street that would stub to the reserve strip.
c. Key Council Changes to Staff/Commission Recommendation
i. Remove condition 1.1.1C, removing the requirement to incorporate the reserve strip
into the proposed subdivision. (See condition 1.1.1C)
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0009, 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 recommend denial to the City
Council of File Number H-2016-0009, 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 Number H-2016-0009 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 site is located south of W. Overland Road on the east side of S. Linder Road, in the
north west ¼ of Section 24 , Township 3N., Range 1W.
B. Owner/Applicant(s):
Bear Creek West Development, LLC
1859 S. Topaz Way, Ste. 200
Meridian, Idaho 83642
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 3
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation, preliminary plat and a development agreement
modification. A public hearing is required before the Planning & Zoning Commission and City
Council on this matter, 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 (Council)
C. Notices mailed to property owners within 300 feet on: February 4, 2016 (Commission); March
10, 2016 (Council)
D. Applicant posted notice on site(s) on: February 20, 2016 (Commission); March 26, 2016
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This subject property consists of vacant agricultural land,
zoned R-8 and RUT (Ada County).
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential/agriculture uses and future Sagewood Subdivision, zoned R-8 and
RUT in Ada County
2. East: Victory Middle School, currently under construction, zoned R-4
3. South: Fall Creek Subdivision, zoned R-8
4. West: Southridge and South Ridge Estates Subdivision, zoned R-4 and R-8.
C. History of Previous Actions:
• This property was annexed and zoned (AZ-05-064) in 2005 with a development agreement
(Instrument #106151232). A preliminary plat (PP-05-064) for Bear Creek West Subdivision
was also approved in 2005 for 321 single-family residential lots and 34 common lots on
116.81 acres, but the plat expired. A Variance (VAR-05-026) to exceed the maximum block
length for Bear Creek West Subdivision was also approved but was associated with the
expired plat.
• A final plat (FP-07-008) for Bearwood Subdivision No. 1 was approved in 2007 but was
never recorded.
• A time extension (TE-08-031) for the preliminary plat was denied by the Director in 2008,
due to failure to pay reimbursement fees for sewer and water extension to the site.
• In 2013 a preliminary plat (PP-12-016) for Fall Creek Subdivision was approved for 297
single-family residential lots and 30 common lots on 111.26 acres of land in an R-8 zoning
district.
• A final plat (FP-13-031) for Fall Creek Subdivision No. 1 was approved in 2013.
• Two other final plats were approved in 2015 (FP-15-021) for Fall Creek Subdivision No. 2,
and Fall Creek No. 3 (FP-15-026).
D. Utilities:
1. Public Works:
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 4
a. Location of sewer: A 27-inch sewer main line (South Black Cat Trunk) exists through the
site along the future alignment of Kodiak Drive.
b. Location of water: A 12-inch water main is located in Linder Road at the Kodiak Drive
entrance. The developer shall extend the 12-inch water main line east along Kodiak Drive
and connect to the existing 12-inch water main that was installed with Fall Creek
Subdivision No. 1.
c. Issues or concerns: Applicant shall be required to install 8-inch diameter water mains in
the common area pathways; Lot 8, Block 5 to the pathway/water main being installed as
part of the Sagewood Subdivision, and Lot 18, Block 5 to the school site. Applicant shall
also be required to pay their pro-rata share of the outstanding balance of the August 24,
2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County
Instrument Number 108124038, prior to signature on the final plat. In the event that the
applicant plats this development in phases, the applicant shall pay the pro-rata share of
the reimbursement fee, calculated on the area of that phase, prior to signature on the final
plat.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities transverse the subject properties.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within
City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre.
The applicant proposes to develop the site with 95 single-family residential lots. The gross density of
the proposed plat is 2.84 d.u. per acre with a net density of 3.55 d.u. per acre, which falls slightly
under the target density of the MDR designation. However, because of adjacent low density
residential uses, staff is of the opinion the proposed density is appropriate in this area and compatible
with adjacent uses and zoning.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics ):
• “Require that development projects have planned for the provision of all public services.”
(6.02.01B)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property.
• “Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required along S. Linder Road, an arterial street, and W. Kodiak
Drive, a collector street, in accord with the standards listed in UDC 11-3B-7C as shown on the
landscape plan. Separate permits shall be obtained for signage and fencing. Fencing shall
comply with the standards listed in UDC 11-3A-7.
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 5
• “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A)
The UDC (11-3G-3) requires a minimum of 10% qualified open space for the plat. The proposed
plat depicts 11.7% eligible open space (or 3.94 acres) which exceeds the requirements of the
UDC.
• “Provide housing options close to employment and shopping centers. (3.07.02D)
The proposed residential development will provide housing opportunities in close proximity to
the proposed schools, proposed for Stoddard Road and Kodiak Drive as well as the school
proposed just to the west of the subject development across S. Linder Road. Future employment
uses are also planned within one to two miles to the north, west and northwest of this site.
• “Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The Pathways Master Plan depicts a segment of the City’s multi-use pathway system along the
east side of Linder Road on this site. These segments are required to be constructed with
development of the proposed subdivision.
The segment along Linder is planned to eventually provide a connection to Eagle Island State
Park to the north in Eagle.
The plat also shows three (3) pedestrian connections, one to the school district property, one to
the Sagewood subdivision, and one to the proposed 10 foot multi-use pathway along Linder
Road.
• “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)
The subject property is within the City and urban services are available to be extended to the site.
• “Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow.” (3.03.03C)
The location of a stub street to the reserve strip (S. Brook Trout Ave.) as indicated in exhibit A.2,
will stub a street to a parcel that cannot be developed, and as such, may be a hindrance to the
development of the properties to the north.
For the above stated reasons, staff is of the opinion the proposed subdivision is generally consistent with
the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s): Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 zoning district.
Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the
property for single-family dwellings is a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site must be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district.
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 6
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the proposed R-8 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation: The applicant has applied to annex and zone a total of 13.17 acres of land with an
R-8 zoning district. As discussed above in Section VII, the proposed zoning is generally
consistent with the corresponding FLUM designation of MDR.
The applicant proposes to develop 95 single-family homes on the site as shown on the
preliminary plat in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
Development Agreement Modification: The applicant is requesting to modify the existing
development agreement (Instrument #106151232) that was entered into with the 2005 annexation
(AZ-05-064) to add the parcel that was recently purchased from the West Ada School District
(Parcel #S1224244410). Staff recommends approval of this modification, provided the
subdivision meets the provisions of the UDC, including the inclusion of parcel # S1224223260
into the proposed subdivision as well as into the amended development agreement. (See Exhibit
B for recommended DA provisions)
Preliminary Plat: The applicant has submitted a concurrent preliminary plat that consists of 95
building lots and 10 common lots on 33.54 acres of land in an R-8 zoning district. The proposed
gross density of the subdivision is 2.84 dwelling units per acre with a net density of 3.55 dwelling
units per acre, consistent with the R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 for the R-8 zoning district and all of the lots comply with
these standards.
The lots range in size between 8,700 square feet (s.f.) and 22,514 s.f. The average lot size
is10,730 s.f. The proposed plat exceeds the minimum lots size requirements (5,000 s.f.) for the
R-8 zoning district.
The UDC (11-6C-3F) does not allow block faces to be more than 750 feet in length without an
intersecting street or alley. The only exception is when the block design is constrained by an
abutting arterial street, limited access street, steep slopes, a large waterway and/or a large
irrigation facility. In such case, the City Council may approve a pedestrian connection in lieu of a
connecting street or alley. City Code does not allow for a waiver to the pedestrian connection.
Access: The subdivision will take access from W. Kodiak Drive via two (2) proposed access
roads, S. Grayling Ave. and S. Sockeye Ave. Because the Victory Middle School is under
constructed and slated to open in the Fall of 2016, staff believes that the applicant should
construct the remaining portion of W. Kodiak Drive prior to submitting a final plat for the Fall
Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school.
One stub-street (S. Brook Trout Ave.) is depicted to the north for future extension and
interconnectivity. S. Brook Trout Way is proposed to stub to a reserve strip (not currently
annexed into the City) that will likely remain that way for some time unless the parcel is included
in this plat or with the development of the adjacent properties to the north. The applicant has tried
to make contact with the current owner of the property. At this time, an agreement has not been
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 7
reached between both parties to incorporate the parcel into the boundary of the project. If left un-
annexed this property will more than likely be undevelopable due the size and shape of parcel and
may inhibit the extension of the proposed stub street (see Exhibit A.2).
Note: In 2013, a portion of this property (excluding the 13.17 acre parcel # S1224244410)
received preliminary plat approval. As part of that approval the stub street (S. Brook Trout
Ave.) was approved in the same location as it is currently depicted on the new preliminary plat.
Therefore, the annexation is not necessary for applicant to proceed with developing a portion
of the property. However, staff believes inclusion of the reserve strip should be incorporated
into the boundary of the project to ensure the extension of the stub street.
Prior to Commission hearing, staff recommends that the applicant submit a revised plat that
shows one of the following:
1. The inclusion parcel # S1224223260 in the proposed annexation and preliminary plat
boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel #
S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control
access from adjacent lands to public streets; or
2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve
strip and provide an additional stub street to the north with a maximum block length
of 1000 feet.
Multi-Use Pathway: A 10-foot wide multi-use pathway is designated in the Pathways Master
Plan along the east side of Linder Road on this site.
A recreational pathway easement is required to be submitted to the Planning Division for the
pathway, approved by City Council and recorded prior to signature on the final plat by the City
Engineer.
The pathway is required to be constructed in accord with the standards listed in the Pathways
Master Plan and UDC11-3A-8, and landscaped in accord with the standards listed in UDC 11-3B-
7C.
Landscaping: A 25-foot wide landscape buffer is required along S. Linder Road, an arterial
street and a 20-foot landscape buffer is required adjacent to W. Kodiak Drive. Street landscape
buffers shall be designed and constructed in accord with the standards listed in UDC 11-3B-7C
and as proposed on the submitted landscape plan.
Staff has reviewed the proposed landscape plan and it appears to comply with the street buffer
landscape standards.
Open Space: Per UDC 11-3G-3A, a minimum of 10% of the gross land area of the development
is required to be provided in common open space. Based on the total acreage of the proposed plat,
33.43 acres, a minimum of 3.3 acres open space is required to be provided on the site per UDC
11-3G-3A.1 in accord with the qualifications listed in UDC 11-3G-3B.
The plat depicts 11.8% (or 3.94 acres) of eligible open space in compliance with UDC standards.
Proposed open space consists of landscaped parkways along residential streets, a pocket park at
least 50’ x 100’ in area , 50% arterial street buffers, pedestrian pathways, and collector street
buffers.
Site Amenities: Per UDC 11-3G-3A.2, one additional site amenity that meets the standards set
forth in UDC 11-3G-3C is required for each additional 20 acres of development area. Based on
the total acreage of the proposed plat, 33.43 acres, a minimum of 2 amenities are required to be
provided on this site.
Exhibit A
Fall Creek Meadows - H-2016-0009 PAGE 8
As amenities for the subdivision, the applicant proposes a pocket park with a tot lot, and a
segment of the 10-foot multi-use pathway along the East side of S. Linder Road in accord with
this UDC standard.
The applicant needs to coordinate with West Ada School district regarding the design of the
pedestrian connection to the school district property on the east boundary of the proposed
subdivision.
Fencing: UDC 11-3A-7 requires that all fencing abutting common open space be a maximum of
4 feet in height. The applicant shall depict fencing in accord with this requirement on the
landscape plan submitted with the final plat.
Building Elevations: Coleman Homes plans to construct their Woodland and Countryside
Collections of homes within the proposed development. Architectural styles will include
American, Craftsman, Cottage, Prairie, and Pacific Northwest (see elevations in Exhibit A.4).
Because homes on lots that back up to S. Linder Road (Lots 7-11, Block 1), as well as to W.
Kodiak Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, bloc k5) will be highly
visible; staff recommends that the side of any structure that faces the public street on these
lots, incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and
roof lines. In addition, the attached single-family homes will be subject to design review (see
below.)
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits for the single family
attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 1/13/16)
3. Proposed Landscape Plan (dated: 01/01/16)
4. Building Elevations
B. Agency & Department Conditions of Approval
C. Legal Description & Exhibit Map for New Property to be Annexed
D. Required Findings from Unified Development Code
Exhibit A
Exhibit A Page 1
EXHIBIT A. Drawings
1. Vicinity Map
Exhibit A
Exhibit A Page 1
2. Proposed Preliminary Plat (dated: 1/13/16)
Location of
reserve strip.
See exhibit
below
Exhibit A
- 2 -
3. Proposed Landscape Plan (dated: 01/01/16)
Exhibit A
- 3 -
4. Building Elevations
Exhibit A
- 4 -
Exhibit A
- 5 -
Exhibit A
- 6 -
Exhibit A
- 7 -
EXHIBIT B - AGENCY & DEPARTMENT CONDITIONS OF APPROVAL
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 An amended Development Agreement (MDA) is required as a provision of annexation of this
property. Prior to the annexation ordinance approval, a DA shall be entered into between the City
of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the
developer. The amended DA shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of Fall Creek Meadows Subdivision shall be consistent with the
preliminary plat, landscape plan (including the common open space; amenities and pedestrian
connections, including to the school on the east boundary) and building elevations attached in
Exhibit A and the revisions noted in the staff report.
b. All single-family dwellings constructed within the project shall substantially conform to the
materials and elevations proposed and included in Exhibit A.4. The rear or sides of structures
on lots that that back up to S. Linder Road (Lots 7-11, Block 1), as well as to W. Kodiak
Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, Block 5) will be highly visible;
these lots shall incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and roof
lines.
c. Prior to Commission hearing approval of the final plat, the applicant shall submit a revised
plat that shows one of the following:
1. The inclusion of parcel # S1224223260 in the proposed annexation and preliminary plat
boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel #
S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control
access from adjacent lands to public streets; or
2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip
and provide an additional stub street to the north with a maximum block length of 1000
feet.
d. The applicant shall construct the remaining portion of W. Kodiak Drive prior to submitting a
final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian
accessibility to the new school.
1.1.2 The applicant shall construct a 10-foot wide multi-use pathway on the site along the east side of
Linder Road to the north boundary of the site in accord with the Pathways Master Plan and UDC
11-3A-8.
1.1.3 The applicant shall comply with the open space and site amenity requirements proposed and as
listed in UDC 11-3G-3.
1.1.4 The landscape plan, dated 01/01/2016, is approved with the following changes:
1. The applicant shall coordinate with the West Ada School District on the design and the
location of the pathway connection on Lot 18, Block 5.
1.1.5 The preliminary plat, dated 01/13/2016, is approved with the following condition:
a. Prior to Commission, the applicant shall submit a revised plat that shows one of the following:
Exhibit A
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1. The inclusion parcel # S1224223260 in the proposed annexation and preliminary plat
boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel #
S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control
access from adjacent lands to public streets; or
2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip
and provide an additional stub street to the north with a maximum block length of 1000
feet.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Tables 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
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 the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 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.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (PP-12-016; AZ-05-064; Development Agreement Inst. No.
106151232).
1.3.3 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.
1.3.4 The applicant shall have an ongoing obligation to maintain all pathways.
Exhibit A
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1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
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 complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
1.4.7 At such time that the multi-use pathway connects from one major street to another and is greater
than one-half mile long, the applicant may petition the City to assume maintenance
responsibilities.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall be required to provide a water main easement and install an 8-inch diameter water
main in the common area pathway labeled as Lot 8, Block 5 to the pathway/water main being
installed as part of the Sagewood Subdivision, and provide a water main easement across Lot 18,
Block 5 to the school site. Connect the dead end main from the W. Calderwood Court cul-de-sac
to the main in W. Kodiak Drive.
2.1.2 Applicant shall be required to pay their pro-rata share of the outstanding balance of the August
24, 2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County
Instrument Number 108124038, prior to signature on the final plat. In the event that the applicant
plats this development in phases, the applicant shall pay the pro-rata share of the reimbursement
fee, calculated on the area of that phase, prior to signature on the final plat.
2.1.3 A street light plan will need to be included in the civil construction plans. 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
Exhibit A
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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 not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. 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. Add a note to the plat referencing this document. 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 should 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,
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 existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 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.
2.2.7 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.
2.2.8 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.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 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.
Exhibit A
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2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 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.
2.2.19 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.
2.2.20 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.
2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. 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
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.22 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
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not provide comments on this application.
Exhibit A
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4. FIRE DEPARTMENT
4.1 The Fire Department did not provide comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not provide comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not provide comments on this application.
Exhibit A
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 Comments from ACHD were received after the Planning and Zoning Commission Hearing.
7.2 SITE SPECIFIC CONDITIONS OF APPROVAL
7.2.1 Dedicate 48 feet of right-of-way from the centerline of Linder Road, abutting the site. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant
prior to issuance of a building permit (or other required permits). 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 the existing right-of-way from available
Corridor Preservation Funds.
7.2.2 Construct a southbound left-turn lane on Linder Road at the new Kodiak Drive intersection.
Coordinate the design and location of the left-turn lane with District Traffic Services and
Development Review staff.
7.2.3 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42 feet from the
centerline of Linder Road, abutting the site. Provide a permanent right-of-way easement for any
portion of the sidewalk located outside of the right-of-way.
7.2.4 Construct Kodiak Drive, to intersect Linder Road in alignment with American Fork Drive
approximately ¼ mile south of Overland Road, as proposed.
7.2.5 Construct Kodiak Drive as a 36-foot residential collector with vertical curb, gutter, 8-foot wide
planter strips within 50 feet of right-of-way. Construct 5-foot wide detached sidewalks within a
permanent right-of-way easement. The right-of-way width may be reduced to 2 feet behind the
back of curb.
7.2.6 Construct the entry portion of Kodiak Drive east of Linder Road with two 21 foot travel lanes and
a 12-foot wide center landscape median, as proposed. Plat the center landscape median as right-
of-way owned by ACHD. Enter into a license agreement for any landscaping located within the
median.
7.2.7 Construct two local streets, Sockeye Avenue and Grayling Avenue to intersect Kodiak Drive
located 530 and 1,120 feet east of Linder Road, as proposed.
7.2.8 Construct the entry portion of Sockeye Avenue north of Kodiak Drive with two 21 foot travel
lanes and a 12-foot wide center landscape median, as proposed. Plat the center landscape median
as right-of-way owned by ACHD. Enter into a license agreement for any landscaping located
within the median.
7.2.9 Construct all of the internal local streets as 36-foot street sections with rolled curb, gutter, and an
8-foot wide planter strip within 50 feet of right-of-way and 5-foot wide detached concrete
sidewalks within a permanent right-of-way easement. The right-of-way width may be reduced to
2 feet behind the back of curb.
7.2.10 Construct 1 cul-de-sac turnaround with a 55-foot turning radius at the terminus of Calderwood
Drive, as proposed.
7.2.11 Direct lot access to Linder Road and Kodiak Drive is prohibited and shall be noted on the final
plat.
7.2.12 Payment of impacts fees are due prior to issuance of a building permit.
7.2.13 Comply with all Standard Conditions of Approval.
Exhibit A
- 14 -
7.3 Standard Conditions of Approval
7.3.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.3.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.3.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.3.4 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.
7.3.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.3.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.3.7 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.
7.3.8 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.
7.3.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.3.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.3.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.3.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Exhibit A
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EXHIBIT C. Legal Description & Exhibit Map for New Property to be Annexed
Exhibit A
- 16 -
Exhibit A
- 17 -
EXHIBIT D. Required Findings from Unified Development Code
1. ANNEXATION :
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 Council finds the proposed annexation of 13.17 of acre of land with an R-8 zoning
district is consistent with the MDR future land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed R-8 zoning district and proposed residential use of the
property is consistent with the purpose statement of the commercial districts in that it will
provide for the residential needs of the community in accord with the Comprehensive Plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council considers any oral or written testimony that may be
provided when determining this finding.
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 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 is in the best of interest of the City (UDC 11-5B-3.E).
The Council finds annexing this property with R-8 zoning district is in the best interest of the
City only if the reserve strip (as indicated previously in this report) is included in the
annexation and plat boundary. With those conditions, the Council feels that this annexation is
in the best interest of the city, as the property will be able to develop with residential uses
consistent with the vision of the Comprehensive Plan. Further, annexation of this property
will allow utilization of available City services and a reduction of enclave areas in the City.
2. Preliminary Plat:
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 and is consistent with this
Unified Development Code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. However, the
proposed plat is not in compliance with section 11-6C-3 of the UDC, which does not allow
for privately held reserve strips to limit access to public streets. Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report for more information .
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Exhibit A
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The Council finds that public services are available and will continue to be provided to the
subject property. 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 City water and sewer and any other utilities will be provided by the developer at
their own cost, the Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Some services are already being provided to the subject development. The Council finds
there is public financial capability of supporting and continuing services for/to this
development.
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property that should be brought to the Council’s attention. ACHD considers
road safety issues in their analysis. The Council considers any public testimony that may be
presented to when determining whether or not the proposed subdivision may cause health,
safety or environmental problems of which the Council is unaware.
f. The development preserves significant natural, scenic or historic features.
The Council does not find there are any significant natural, scenic or historic features that
will be lost with development of the site.