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Silver Springs (H-2019-0058)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0058 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 5.19 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of Fifty-Seven (57) Single-Family Residential Building Lots and Six (6) Common Lots on 19.74 Acres of Land in the R-4 Zoning District, by Tall Timber Consulting, LLC. Case No(s). H-2019-0058 For the City Council Hearing Date of: August 27, 2019 (Findings on September 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 27, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 27, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 27, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 27, 2019, 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. Meridian City Council Meeting Agenda September 10, 2019 – Page 93 of 225 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0058 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 27, 2019, 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 Annexation & Zoning and Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date of August 27, 2019, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda September 10, 2019 – Page 94 of 225 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0058 - 3 - 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 six (6) month approval period. 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 August 27, 2019 Meridian City Council Meeting Agenda September 10, 2019 – Page 95 of 225 By action of the City Council at its regular meeting held on the day of Sc�'ember 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED &E COUNCIL MEMBER TY PALMER VOTED Ng D COUNCIL MEMBER TREG BERNT VOTED -L p COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: °�ATBD AVCGSTr ?C°44 city of U3r1jW� SEAL city ylFq < c �� 11t TFT •°�� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0"oDated: City Jerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0058 - 4 - EXHIBIT A Page 1 HEARING DATE: August 27, 2019 (Continued from August 20, 2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0058 Silver Springs LOCATION: 1035, 1157, 805 & 905 E. McMillan Rd. I. PROJECT DESCRIPTION Annexation & zoning of 5.19 acres of land with an R-4 zoning district; and Preliminary Plat consisting of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 19.81 Future Land Use Designation LDR Existing Land Use There are existing single-family homes & accessory structures on each of the existing lots and a landscape business on the far east lot Proposed Land Use(s) Single-family residential Current Zoning R-4 and RUT in Ada County Proposed Zoning R-4 Lots (# and type; bldg/common) 57 SFR building/6 common Phasing plan (# of phases) Yes; 2 phases Number of Residential Units (type of units) 57 (detached SFR) Density (gross & net) 2.89 units/acre (gross); 3.79 (net) Open Space (acres, total [%] / buffer / qualified) See Analysis, Section V.3 Amenities Children’s play structure and pedestrian pathway to school Meridian City Council Meeting Agenda September 10, 2019 – Page 97 of 225 Page 2 B. Community Metrics Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: April 2, 2019; 25 attendees History (previous approvals) Lots 1, 2 & 4, Crestwood Subdivision (platted in Ada County); AZ-06-029 (Ord. 06-1271, Silversprings – no Development Agreement), PP-06-029, FP-06-049 (plat expired); AZ-06-056 (Ord. 07-1295, Clearsprings – no Development Agreement), PP-06-054 (plat expired) Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Fire Service  Distance to Fire Station 1.2 miles from Fire Station #3 (can meet the response time requirements)  Fire Response Time 3 minutes under ideal conditions  Resource Reliability 82% from Fire Station #3 – does not meet the target goal of 85% or greater  Risk Identification 2 (residential with hazards); see comments in Section VIII.C  Accessibility Meets requirements; see additional comments in Section VIII.C  Special/resource needs Doesn’t require an aerial device  Water Supply Requires 1,000 gallons per minute for 1 hour (may be less if building is sprinklered)  Other Resources NA Police Service  Distance to Police Station 3.7 miles  Police Response Time See comments in Section VIII.D  Calls for Service 485  Accessibility  Specialty/resourc e needs  Crimes 97  Crashes 34 Meridian City Council Meeting Agenda September 10, 2019 – Page 98 of 225 Page 3 West Ada School District  Distance (elem, ms, hs) Prospect Elementary – 0.6 mile; Heritage Middle School – 0.8 mile; Rocky Mountain High School – 2.2 miles  Capacity of Schools Prospect Elementary 650; Heritage Middle School 1,000; Rocky Mountain High School 1,800  # of Students Enrolled Prospect Elementary 733; Heritage Middle School 1,254; Rocky Mountain High School 1,800  Anticipated school aged children generated by this development 46 Wastewater  Distance to Sewer Services 0-feet  Sewer Shed White Drain Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.68 MGD  Project Consistent with WW Master Plan/Facili ty Plan Yes  Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water  Distance to Water Services 0-feet  Pressure Zone 2  Estimated Project Water ERU’s See application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts & Concerns None Meridian City Council Meeting Agenda September 10, 2019 – Page 99 of 225 Page 4 Wastewater  Distance to Sewer Services 0-feet  Sewer Shed White Drain Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.68 MGD  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water  Distance to Water Services 0-feet  Pressure Zone 2  Estimated Project Water ERU’s See application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts & Concerns None Meridian City Council Meeting Agenda September 10, 2019 – Page 100 of 225 Page 5 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Meridian City Council Meeting Agenda September 10, 2019 – Page 101 of 225 Page 6 III. APPLICANT INFORMATION A. Applicants: Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 Todd Campbell Construction, Inc. – PO Box 140298, Boise, ID 83714 B. Owners: Leigh & Donna Brinkerhoff – 805 E. McMillan Rd., Meridian, ID 83642 Todd Campbell Construction, Inc. & Boos Homes, Inc. – PO Box 140298, Boise, ID 83714 Boyd Hill – 1035 E. McMillan Rd., Meridian, ID 83642 David Meyers – 1157 E. McMillan Rd., Meridian, ID 83642 C. Representative: Dave Yorgason, Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 5/31/2019 8/2/2019 Radius notification mailed to properties within 300 feet 5/28/2019 7/30/2019 Public hearing notice sign posted on site 6/7/2019 8/7/2019 Nextdoor posting 5/28/2019 7/30/2019 V. STAFF ANALYSIS Per the Comprehensive Plan (Comprehensive Plan, pg. 20), the purpose of LDR designated areas is to allow for the development of single-family homes on large lots where urban services are provided at gross densities of 3 dwelling units or less per acre. The Applicant proposes to develop the annexation area with 15 new single-family residential detached homes, in additional to the existing home, at a gross density of 3.2 units per acre. The overall density for the development is 2.89 units per acre consistent with the LDR FLUM designation. 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):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The larger lot sizes and low density proposed within this development will contribute to the diversity in housing types in this area. Staff is unaware if the proposed units will be owner occupied or rental units. Meridian City Council Meeting Agenda September 10, 2019 – Page 102 of 225 Page 7  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor to the east.  “Require open space areas within all development.” (6.01.01A) Qualified open space is required to be provided in accord with the minimum standards listed in UDC 11-3G-3.  “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 proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) public street access is proposed via E. McMillan Rd. along the project’s north boundary. One of the existing homes proposed to remain on a lot in the proposed subdivision proposes to retain its two (2) driveways via McMillan; a Council waiver to UDC 11-3A-3 is necessary for these access driveways to remain.  “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) A pathway connection is required to the school site to the south which will promote connectivity between the neighborhood and the school. A. ANNEXATION & ZONING The applicant requests annexation and zoning of 5.19 acres of land with an R-4 zoning district consistent with the Low Density Residential (LDR) Future Land Use Map (FLUM) designation for this site. The Applicant requests a Development Agreement than encompasses the entire development area and not just the annexation area. This parcel is currently zoned RUT in Ada County and is platted as Lot 4, Crestwood Subdivision No. 1 and is at the east boundary of the proposed subdivision. The remainder of the site (Lots 1-3, Block 1 Crestwood Subdivision No. 1) was previously annexed and zoned R-4 in 2006 (#AZ-06- 029 and #AZ-06-054). The proposed annexation area is contiguous to City annexed property to the west, south and northeast and is within the Area of City Impact Boundary (AOCI). A legal description for the annexation area is included in Section VII.A. There is currently an existing landscape business operating on this parcel, which is proposed to temporarily continue operations until such time as they can sell off existing inventory. The applicant recently received approval from Ada County on June 6, 2019 to renew their conditional use permit (#201900675 CU-MSP, David Meyers) to continue operating a “contractor’s yard of shop” in a residential district for an additional five years per the conditions of approval (see letter in Section VII.F). The Applicant requests Council approval of a provision in the Development Agreement that allows the use to continue temporarily until December 31, 2022, at the latest. The existing use is classified as a nursery or urban farm/contractor’s yard in the UDC, which is a prohibited use in the proposed R-4 zoning district; the existing residential use is an allowed use and is a principal permitted use in the City. Because the landscape business is currently legally operating in the County, it would be considered a non-conforming use in the City. As such, the use may continue, if deemed appropriate by City Council, as long as it Meridian City Council Meeting Agenda September 10, 2019 – Page 103 of 225 Page 8 remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11- 1B-4A. As discussed with the Applicant at the pre-application meeting, Staff is not in support of the existing use continuing operation in the City as a non-conforming use for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. Therefore, Staff recommends denial of the proposed annexation of this parcel as it’s Staff’s opinion that it’s not in the best interest of the City to annex the property at this time. If Commission/Council determines it is in the best interest to annex the property at this time as proposed by the Applicant, Staff recommends the project is continued to a subsequent hearing date in order for Staff to prepare recommended Development Agreement provisions related to the existing use and for the Applicant to submit a copy of the site plan approved by Ada County. On June 20th, the Commission directed Staff to prepare recommended Development Agreement provisions for Commission’s review and consideration pertaining to the Annexation request. If Commission/Council agrees with Staff’s recommendation, Staff recommends the project is continued to a subsequent hearing date in order for the Applicant to submit a revised preliminary plat that excludes the subject annexation area. B. PRELIMINARY PLAT The proposed preliminary plat is a re-subdivision of Lots 1-4, Block 1, Crestwood Subdivision No. 1 and consists of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the (existing and proposed) R-4 zoning district. Existing Structures/Site Improvements: There are four (4) existing homes and accessory structures on this site that are proposed to remain on Lots 3 & 1413, Block 1 and Lots 12 & 23, Block 3; all other accessory structures are proposed to be removed. Any structures that don’t meet the dimensional standards of the R-4 district in UDC Table 11-2A-5 will need to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located; or, the plat will need to be revised to comply with the minimum setback requirements. Dimensional Standards (UDC 11-2A-5): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. The street frontage for Lots 10-12, 14, 17 and 18, Block 1; and Lots 10-11 12, 22 and 24 26, Block 3 do not meet the minimum required of 30 feet (60’ for Lot 26, Block 3) as set forth in UDC 11- 2A-3B; the plat should be revised accordingly (common driveways may be an alternative). If common driveways are proposed for access to some of these lots they should be located within common lots with a note stating which lots will be accessed via the common driveway(s), Meridian City Council Meeting Agenda September 10, 2019 – Page 104 of 225 Page 9 Subdivision Design & Improvement Standards (UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways, common driveways, easements, and block face. Cul-de-sac: The proposed cul-de-sac (E. Territory St./N. Legacy Woods Pl.) on the west end of the site appears to exceeds 450’ in length which is the maximum allowed length; the plat should be revised accordingly. The UDC does not allow for deviation from this standard. Block face: The face of Block 1 on the south side of E. Territory St. exceeds the maximum block length allowed of 750’; if a pathway is included in Lot 25, Block 1, the allowable block face may be extended up to 1,000 feet – revise landscape plan to include a pathway. Otherwise, tThe revised plat complies with the standards in UDC 11-6C-3. Common Driveways: An exhibit is required to be submitted with the final plat application(s) that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways for emergency wayfinding purposes. Phasing Plan: The subdivision is proposed to develop in 2 phases with the northern portion of Lot 4, Crestwood Subdivision No. 1 where the landscape business is located developing last. Access (UDC 11-3A-3)/Streets: One access is proposed for the development via E. McMillan Rd. North Mooney Falls Way, a local street, at the southern boundary of the site is proposed to be extended with development and a stub street (E. Territory St.) is proposed to the east for future extension. There is a 50-foot wide ingress/egress easement depicted on the Cobre Basin Subdivision No. 1 plat to this parcel from N. Red Horse Way across the common lot that abuts this site. However, ACHD is not requiring this access to be utilized because it was never dedicated to the public/ACHD and the Copper Basin Homeowner’s Association is unwilling to allow public access. Currently, the 4 existing homes all have direct lot access via E. McMillan Rd., an arterial street. All of the homes are proposing to take access internally from local streets within the proposed subdivision except for the property at 1035 E. McMillan (proposed Lot 12, Block 3), which proposes to retain their (2) driveway accesses and existing address on McMillan (see aerial photo below). UDC 11-3A-3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial street and requires access to be taken from the local street unless otherwise waived by City Council. Therefore, Council approval of a waiver is necessary to retain this access (es); otherwise, the access driveways via McMillan should be removed and access taken internally. If Council approves a waiver for access, the existing address should remain the same. Meridian City Council Meeting Agenda September 10, 2019 – Page 105 of 225 Page 10 Traffic: A Traffic Impact Study was not required by ACHD for the proposed development. A center turn lane is required on E. McMillan Rd. for the proposed public street. ITD submitted comments stating they have a project programmed to widen US 20-26 to mitigate existing congestion. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11 -3B- 12C. Staff recommends a pathway connection is provided to the sidewalk along McMillan Rd. on the east end of the development in Block 3 to provide more pedestrian connectivity; this can toward qualified open space. This is depicted on the revised plat in Section VII.B. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and arterial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along internal local streets with Class I and II trees; Class I trees (i.e. skyline honey locust) are not allowed unless the parkway is widened to 10’ – a Class II tree should be substituted or the parkway should be widened to 10’ to comply with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2A-5 for the R-4 zoning district, a 25-foot wide buffer is required adjacent to E. McMillan Rd., an arterial street. Garage McMillan Rd. Meridian City Council Meeting Agenda September 10, 2019 – Page 106 of 225 Page 11 Landscaping is required along each side of the pathway required on Lot 25, Block 1 in accord with the standards listed in UDC 11-3B-12C; the common lot should be widened an additional 5 feet to allow for trees to be planted outside of the easement area or alternative compliance may be requested as set forth in UDC 11-5B-5. Shown on revised plan. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also, include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Qualified Open Space (UDC 11-3G): Based on the overall development area (minus 4’ ROW dedication) which consists of 19.7461 acres of land, a minimum of 10% or 1.976 acres of qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. A revised qualified open space exhibit was submitted as shown in Section VII.D that depicts 1.976 acres (or 10%) of open space consisting of half the street buffer along E. McMillan Rd., the large common area (125’ x 184’1/2 acre +/-) on Lot 6, Block 3, common area on Lot 14, Block 1, and common areas where a pathways will be provided on Lot 25, Block 1 and Lot 26, Block 3, in accord with the minimum UDC standards. and a small common area on Lot 13, Block 1. Because the common area on Lot 13, Block 1 is smaller than 50’ x 100’ in area, contains no amenity and is located at the far west side of the development at the end of a cul-de-sac and not central to the development, it does not qualify toward the minimum open space requirement. Staff recommends an additional 2,447.25 square feet of common area is provided elsewhere (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant should submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for this development based on the size of the development (i.e. 19.74 acres). The Applicant proposes a children’s play structure and micro-path to the school site to the south as amenities in accord with UDC standards (see detail of play equipment in Section VII.D). Existing Trees: Mitigation is required for all existing trees 4” caliper or greater (except for those noted that don’t require mitigation) that are removed from the site with equal replacement of the total calipers lost on site as set forth in UDC 11-3B-10C.5. Existing trees that are retained or relocated on site may count toward the required landscaping; mitigation trees are in addition to all other landscaping. There are many existing trees on this site that are proposed to be removed that require mitigation (i.e. 294 caliper inches) and also many that are proposed to be retained (i.e. 1,156 caliper inches). Waterways (UDC 11-3A-6): There are no major waterways that traverse this site. Any irrigation ditches should comply with the standards listed in UDC 11-3A-6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Meridian City Council Meeting Agenda September 10, 2019 – Page 107 of 225 Page 12 Four-foot tall closed vision fencing with 2-foot slatted vinyl on top is proposed adjacent to the micro-path on Lot 25, Block 1 and the common area on Lot 6, Block 3. Six-foot tall vinyl privacy fence is proposed at the back edge of the street buffer along McMillan Rd., along the west & south property boundaries of the existing home on Lot 12, Block 3 and along the east boundary of the subdivision. The existing fencing along the south and west boundaries of the site is proposed to remain. Fencing is required to be provided adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached units as shown in Section VII.E. Building materials for the single-family homes consist of a mix of siding with stone veneer accents. Because the rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends denial of the proposed annexation and zoning request; and approval of the preliminary plat per the conditions included in Section VIII.A per the Findings in Section IX. Further, Staff recommends the project is continued to a subsequent hearing date as discussed in Section V.A. B. The Meridian Planning & Zoning Commission heard these items on June 20 and July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Dave Yorgason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: Dave Yorgason, Applicant’s Representative (response to staff report) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Andrea Pogue 2. Key issue(s) of public testimony: a. None Meridian City Council Meeting Agenda September 10, 2019 – Page 108 of 225 Page 13 3. Key issue(s) of discussion by Commission: a. The Applicant’s request for Council waiver for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops; b. The cul-de-sac that exceeds the maximum length standards in the UDC; c. The existing landscape business continuing to operate on the parcel proposed for annexation; d. Timing/phasing for construction of the sidewalk in front of the property at 1157 E. McMillan Rd. (phase 1 vs. phase 2). 4. Commission change(s) to Staff recommendation: a. Addition of DA provisions as recommended by Staff with a change to the phasing of the sidewalk along McMillan Rd. to allow it to be constructed with each phase of development rather than all with the first phase (see Section VIII. A); 5. Outstanding issue(s) for City Council: a. The Applicant’s request for a Council waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops. The Commission was in favor of the Applicant’s request. b. The Applicant’s request for the cul-de-sac that exceeds the maximum length standards in the UDC to be approved as-is. Note: There is no provision in the UDC to allow Council approval of the Applicant’s request. C. The Meridian City Council heard these items on August 27, 2019. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Dave Yorgason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. The Applicant’s request for a waiver to UDC 11-3A-3 for the eastern existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops; b. The proposed cul-de-sac that exceeds the maximum length standards currently allowed by the UDC and the option for the Applicant to apply for a text amendment to the UDC to increase the maximum allowable cul-de-sac length. 4. City Council change(s) to Commission recommendation: a. Council approved the proposed concept plan included in Section VIII.B showing the shorter cul-de-sac length and longer common driveway extending to McMillan Rd. for emergency access with bollards (see condition C in Section VIII); b. Council approved the Applicant’s request for a waiver to UDC 11-3A-3 for the eastern existing driveway access via McMIllan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops (see new DA provision #A.1e and modified condition #A.2d. in Section VIII). Meridian City Council Meeting Agenda September 10, 2019 – Page 109 of 225 Page 14 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda September 10, 2019 – Page 110 of 225 Page 15 Meridian City Council Meeting Agenda September 10, 2019 – Page 111 of 225 Page 16 B. Preliminary Plat (date: 2/28/2019 7/9/19) & Phasing Plan and Conceptual Development Plan Meridian City Council Meeting Agenda September 10, 2019 – Page 112 of 225 Page 17 Concept Plan Showing Cul-de-Sac in Compliance with 450’ Length Standard (UDC 11-6C-3B.4) Meridian City Council Meeting Agenda September 10, 2019 – Page 113 of 225 Page 18 C. Landscape Plan (date: 4/26/2019 7/11/2019) REVISED Meridian City Council Meeting Agenda September 10, 2019 – Page 114 of 225 Page 19 Meridian City Council Meeting Agenda September 10, 2019 – Page 115 of 225 Page 20 D. Qualified Open Space Exhibit (dated: February 28, 2019 July 11, 2019) REVISED & Site Amenity Meridian City Council Meeting Agenda September 10, 2019 – Page 116 of 225 Page 21 E. Conceptual Building Elevations Meridian City Council Meeting Agenda September 10, 2019 – Page 117 of 225 Page 22 F. Approval from Ada County for Landscape Business Meridian City Council Meeting Agenda September 10, 2019 – Page 118 of 225 Page 23 Meridian City Council Meeting Agenda September 10, 2019 – Page 119 of 225 Page 24 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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. 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 the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat as revised per the conceptual development plan, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VII and the provisions contained herein. b. The sidewalk within the street buffer along McMillan Rd. shall be installed along the entire frontage of the subdivision with the first with each phase of development. c. The rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. d. The existing landscape business shall cease operation by December 31, 2022 at the latest and shall operate in accord with the following provisions in the interim: i. The landscape business is subject to the nonconforming use standards listed in UDC 11-1B-4. ii. The retail sale of agricultural products or live plant material shall not be conducted on the site. iii. Any lighting on the site shall comply with the standards listed in UDC 11-3A-11. iv. The use shall not create noises creating a public disturbance and shall comply with MCC 6-3-6: Noises Creating Public Disturbance. v. The maintenance of vehicles or machinery shall be incidental to the use and shall only include minor repair. vi. No retail sales associated with the use shall occur on the property. vii. The hours of operation shall be limited to the hours between 7:00 am and 7:00 pm Monday thru Saturday. viii. No on-street parking of vehicles or equipment associated with the use is allo wed. ix. The use shall comply with all City, State and Federal requirements. x. Outdoor storage of material, equipment, inventory, and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage Meridian City Council Meeting Agenda September 10, 2019 – Page 120 of 225 Page 25 of such in a manner that creates a public nuisance, visual blight, or acoustic impacts; blocks, impedes or overlaps any sidewalk and/or vehicular traffic; or causes the site to be used as a “vehicle wrecking or junk yard” as defined in UDC 11-1A-1. e. The eastern access driveway for the existing home at 1035 E. McMillan Rd. is allowed to remain until such time as the property redevelops, at which time the access shall be removed and access shall be taken internally from within the subdivision; the existing western access driveway shall be removed prior to issuance of the first Certificate of Occupancy within the subdivision. The address for the existing home shall remain the same until such time as redevelopment occurs. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24 25, Block 3 do not meet the minimum required frontage of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly. b. The proposed cul-de-sac(s) exceeds 450’ in length which is shall comply with the maximum allowed length per standards in UDC 11-6C-3B.4; the plat shall be revised accordingly in effect at the time of submittal of the final plat application. c. Graphically depict the 30-foot wide sewer easement on Lot 25, Block 1. d. The western existing access(es) via McMillan Rd. for the property at 1035 E. McMillan (proposed Lot 12, Block 3) shall be removed and access taken internally from N. Morpheus Pl., a local street, as set forth in UDC 11-3A-3 unless otherwise waived by City Council. If Council approves a waiver for access, the address should remain the same. Council approved a waiver to UDC 11-3A-3 for the eastern access driveway to remain. e. Provide a minimum 15-foot wide common lot in Block 3 on the east end of the development for a micro-path connection to the common lot along E. McMillan Rd. Done; the revised plat depicts a common lot with pathway. f. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done; the revised exhibit complies with UDC standards. g. Provide a common lot(s) for the common driveway(s) that provides access to Lots 910-12 and 17-18, Block 1; and Lots 10-11 and 22-23, Block 3 that complies with the standards listed in UDC 11-2A-3B and 11-6C-3D. Note: A 5-foot wide landscape buffer is only required if solid fencing is proposed adjacent to the common driveway. h. The micro-path shown on Lot 24, Block 3 shall be in a minimum 15-foot wide common lot. i. Lot 26, Block 3 shall comply with the minimum street frontage requirement of 60 feet as set forth in UDC Table 11-2A-5. Meridian City Council Meeting Agenda September 10, 2019 – Page 121 of 225 Page 26 j. Depict a minimum 20’ wide emergency access easement across Lot 1, Block 1 in alignment with the common driveway that provides access to Lots 9-12, Block 1. k. Lot 14, Block 1 shall have minimum dimensions of 50’ x 100’ in order to be counted toward the minimum qualified open space requirements; or as an alternative, a qualified amenity could be added to the common area as set forth in UDC 11-3G-3B. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24, Block 3 do not meet the minimum required of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly (common driveways may be an alternative). 3. The landscape plan included in Section VII.C shall be revised as follows: a. Depict a minimum 5-foot wide pathway in Lot 25, Block 1 in order to comply with the block length standards in UDC 11-6C-3F.3a; landscaping is required on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. An additional 5-feet shall be added to the width of the common lot to allow trees to be planted or alternative compliance may be requested as set forth in UDC 11-5B-5. Done b. Substitute the skyline honey locust Class I trees within the parkways with a Class II tree or widen the parkways to 10’ in accord with UDC 11-3A-17E. Done c. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Done d. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done e. Provide a minimum 15-foot wide common lot on the north side of Block 3 on the east end of the development that contains a micro-path for a connection to the common lot and sidewalk along E. McMillan Rd. Done f. Depict fencing adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. g. Lot 14, Block 1 shall have minimum dimensions of 50’ x 100’ in order to be counted toward the minimum qualified open space requirements; or as an alternative, a qualified amenity could be added to the common area as set forth in UDC 11-3G-3B. 4. For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 5. Provide address signage for homes accessed by the common driveways for emergency wayfinding purposes. Meridian City Council Meeting Agenda September 10, 2019 – Page 122 of 225 Page 27 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. All existing structures on the site shall that are proposed to be removed shall be removed prior to City Engineer signature on the final plat phase in which they are located. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Each phase must be modeled to ensure adequate fire flow. 1.3 The street addressing of the existing structures to remain will change with the development of this subdivision unless City Council approves a waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. for the property at 1035 E. McMillan Rd. to remain in which case the address should also remain the same. 2. General Conditions of Approval 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 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. 2.3 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. 2.4 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 Meridian City Council Meeting Agenda September 10, 2019 – Page 123 of 225 Page 28 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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 addressed 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. 2.7 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. 2.8 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. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. 2.10 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. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 The design 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. 2.19 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 Meridian City Council Meeting Agenda September 10, 2019 – Page 124 of 225 Page 29 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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 887-2211 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=168817&dbid=0 The Fire Department has reviewed the concept plan and approves of the common driveway as shown, provided the Applicant complies with the following requirements:  Install Maxiforce wrench resettable bollards or a 20’ wide gate with a Knox Padlock at the north end of the common driveway (the padlock should be on the McMillan Rd. side of the gate). If a gate is provided, it must be 30’ off the edge of pavement and swing into the subdivision. The entire driveway will need to be signed “No Parking Fire Lane”.  Install a directional address sign at the south end of the common driveway in a position that is plainly legible and visible from the street that clearly identifies the address of homes accessed by the common driveway for emergency wayfinding purposes as set forth in IFC 505.1.  All cul-de-sacs shall be a minimum of 96’ in diameter in accord with IFC 503.3 and D103.6. No parking signs shall be installed on each side of the entrance to the cul-de-sac(s) as well as one at the head(s) in accord with IFC 503.3 & D103.6. D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx Meridian City Council Meeting Agenda September 10, 2019 – Page 125 of 225 Page 30 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx F. NAMPA & MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169365/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169061/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169384/Page1.aspx I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/169249/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/169432/Page1.aspx K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/173128/Page1.aspx L. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/173932/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant’s proposal to annex and develop a 5.19 acre portion of the subject property with R-4 zoning is consistent with the LDR Future Land Use Map designation in the Comprehensive Plan. (See section V for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available within the City in accord with the Comprehensive Plan. However, continuance of the non-conforming use is not consistent with the purpose statement (see Section V for more information). Meridian City Council Meeting Agenda September 10, 2019 – Page 126 of 225 Page 31 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed low density residential uses should be compatible with adjacent existing and future similar density residential uses in the area. 4. 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 City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.J that currently show student enrollment is above capacity for the elementary and middle schools and at capacity for the high school. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation is not in the best interest of the City at this time for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. B. Preliminary Plat (UDC 11-6B-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. 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. Meridian City Council Meeting Agenda September 10, 2019 – Page 127 of 225 Page 32 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda September 10, 2019 – Page 128 of 225