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PZ - Staff Report 7-9 Page 1 HEARING DATE: 7/9/2020 TO: Planning & Zoning Commission FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: PP-H-2020-0048 Tara’s Landing LOCATION: The site is located at 5025 W. Larry Lane, in the E ½ of the NE ¼ of Section 28, Township 4 N., Range 1W. I. PROJECT DESCRIPTION Annexation, zoning to an R-8 zone, and preliminary plat consisting of 29 buildable lots and 2 common lots on 6.14 acres. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.14 Future Land Use Designation Medium Density Residential Existing Land Use(s) Single Family / Rural Proposed Land Use(s) Single Family, 29 Lots Lots (# and type; bldg./common) 29 Single Family Phasing Plan (# of phases) 1 phase Number of Residential Units (type of units) 29 Density 4.6 du / acre Open Space (acres, total [%]/buffer/qualified) .73 acres, 10.5% qualified open space Amenities < 20 acres, one required. Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: February 27, 2020 – 3 attendees signed in. History (previous approvals) Comptons Subdivision No 2 (County Subdivision) Public Testimony Adjacent property owners have submitted letters of testimony stating CC&Rs restrict size of lots to no less STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 Description Details Page than one acre. These documents were created outside of City jurisdiction through the County. Staff has taken the position that this is a civil matter. B. Community Metrics Description Details Page Ada County Highway District • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No • Traffic Impact Study (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access is proposed via W. Larry Lane (existing) from N. Black Cat Road, and N. Willowside Avenue, a north-south local street which will connect to the Westbridge Subdivision to the south and stub to the north. Traffic Level of Service Greater than LOS “E” Stub Street/Interconnectivity/Cross Access N. Willowside Avenue will be stubbed to the north. Existing Road Network W. Larry Lane, a cul-de-sac from N. Black Cat Rd is existing and will be extended. Existing Arterial Sidewalks / Buffers None Proposed Road Improvements Extension of W. Larry Lane to N. Willowside Ave, construction of N. Willowside and W. Tara Ct to ACHD standards. Distance to nearest City Park (+ size) 1 +/- mile to Keith Bird Legacy Park, 7.5 acres Fire Service • Distance to Fire Station 2.5 miles • Fire Response Time < 5 minutes • Resource Reliability > 80% • Risk Identification 1 • Accessibility Meets all requirements • Special/resource needs Will not require aerial device • Water Supply 1,000 gph • Other Resources Police Service • Distance to Police Station 8 Miles • Calls for Service 56 • % of calls for service split by priority 48.2% P2 CFS, 39.3% P1 CFS, 12.5% PO CFS • Specialty/resource needs None needed • Crimes 5 • Crashes 4 • Other Reports West Ada School District • Distance (elem, ms, hs) • Capacity of Schools • # of Students Enrolled • # of Students Predicted from this development Page 3 Description Details Page Wastewater • Distance to Sewer Services N/A • Sewer Shed N. Black Cat Trunkshed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 13.92 • Project Consistent with WW Master Plan/Facility Plan Yes • Comments • Additional 306 gpd of flow has been committed • Do not extend sewer to the north boundary as properties to the north are in a different service area. • Provide “to and through” to the east to service the eastern boundary. Water • Distance to Water Services 0 • Pressure Zone 1 • Estimated Project Water ERU’s See application • Water Quality None • Project Consistent with Water Master Plan Yes • Comments End the water main in W. Tara Court with a hydrant and extend the water easement to the eastern property line C. Project Area Maps Future Land Use Map Aerial Map Page 4 III. APPLICANT INFORMATION A. Owner / Applicant: Mike Homan – 6820 W. Randolph Drive, Boise, ID 83705 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 6/19/2020 Radius notification mailed to properties within 300 feet 6/19/2020 Public hearing notice sign posted on site 6/23/2020 Nextdoor posting 6/16/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City’s Future Land Use Map (FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. The zoning to R-8 and proposed density of 4.6 du / acre is consistent with the recommendations of the Future Land Use Map. The proposed density is greater than the 2.5 du/acre of the Westbridge Subdivision directly to the south. However, a large area of land designated for Mixed Use Regional is located just 500 feet north of the subject property (southwest quadrant of N. Black Cat Road and W. Chinden Boulevard). Proposed uses in this area include a hospital, school, retail and Zoning Map Planned Development Map Page 5 multifamily residential. Higher intensities and densities are expected in MU-R. A transition in density for properties nearer to MU-R is appropriate. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The following Comprehensive Plan Policies are applicable to this development: • “Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian’s present and future residents.” (2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. R-8 zoning and detached single-family homes are abundant in this immediate area. There has also been preliminary discussions regarding the properties directly north of the site for a large development of 258 units, with approximately 180 of these units being multifamily. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. • “Require pedestrian access in all new developments to link subdivisions together and promote neighborhood connectivity”. (2.02.01D) Attached sidewalks are proposed on both side of all streets within this development, except for W. Larry Lane. On the portion of W. Larry Lane within the property, sidewalks will only be constructed on the south side (any adjacent development to the north will be required to complete the north side sidewalk). Sidewalks will be constructed on both sides of N. Willowside Drive to connect to the south property line where the Westbridge Subdivision is building out, and to the northern stub where future development is anticipated. There is a pathway proposed at the northwest corner of this property (north of Lot 10, Block 1) which will provide a pedestrian route to a future school site at the west of the property. • “Ensure development provides safe routes and access to schools, parks, and other community gathering places. (2.02.01G)” As mentioned, attached sidewalks are proposed on both sides of all streets with this subdivision except for W. Larry Lane. This includes N. Willowside Avenue, the local street that is proposed to run north – south through the property. This street will be connected to the Westbridge Subdivision to the south and stubbed to the north. Page 6 Directly west of the subject property are 28 acres of property that are planned for a large annexation that includes a new Ada County School (Prescott Ridge, H-2020- 004). Staff has been working with the developers of surrounding properties (including the subject property) to ensure there is a connection to this new school parcel. (The school parcel is directly adjacent to the subject property, but the road connection will probably be slightly to the north of the subject property.) In addition, recently constructed Pleasant View Elementary, at the northeast quadrant of N. Black Cat Road and W. Gondola Drive, is planned for a Fall 2020 opening. There is a future pathway shown along N. Black Cat Road, and several sections of this pathway have already been installed. This pathway will provide a safe route to Pleasant View Elementary from the subject property along W. Larry Lane. “Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services.” (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • “Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities.” (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. B. Existing Structures/Site Improvements: There is one existing single family residence on the site. This residence is proposed to be retained and must connect to City utilities upon annexation of the property. C. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. D. Dimensional Standards (UDC 11-2): All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards. No common driveways are proposed with this subdivision. Minimum lot sizes are proposed at 4,000 square feet, which complies with the requirements of the R-8 zone district. Page 7 Access (UDC 11-3A-3, 11-3H-4): There will be three accesses to the property. Primary access will occur from existing W. Larry Lane via N. Black Cat Road. W. Larry Lane is presently a cul-de-sac. ACHD has requested the applicant extend W. Larry Lane to N. Willowside Road, a future local street which will run north – south along the west perimeter of the subject property. As part of the extension, the applicant will be required to improve the existing portion of W. Larry Lane as ½ of a 33-foot street section with curb, gutter and a minimum of 5-foot wide concrete sidewalk abutting the site. There is also a proposed cul-de-sac, W. Tara Court, which will provide access to the southern portion of the property. All streets are required to be constructed to ACHD standards, including curb, gutter and sidewalk. ACHD has stated they support the proposed plat and has not listed any concerns with the project. ACHD has commented that they will not require the applicant to vacate any portion of the existing W. Larry Lane cul-de-sac. E. Parking (UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. F. Pathways ( UDC 11-3A-8): A pathway is shown between Lots 3 & 5, Block 2 into the common open space (shown as Lot 4, Block 2). Staff does have concerns with the visibility of this pathway and is recommending Lots 5 & 6, Block 2 be rotated ninety-degrees as is discussed in the qualified open space section below. There is also a proposed pathway shown north of Lot 10, Block 1 at the northwest corner of the property. This pathway would provide a connection from the subdivision to the future school site at the west. The plat does not currently show this pathway common area as a separate lot and it is also not shown on the landscape plan. Staff is recommending this be established as a separate lot as a condition of approval and the landscape plan be revised accordingly. Pathways will be required to meet the requirements of section 11-3A-8 of the UDC. G. Sidewalks (UDC 11-3A-17): Attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. There are no existing sidewalks along W. Larry Lane. Staff is recommending they be constructed as a condition of approval. H. Parkways (UDC 11-3A-17): No parkways are proposed with this plat. Page 8 I. Landscaping (UDC 11-3B): As all streets within this subdivision will be local, no landscape buffers are required per UDC Table 11-2A-6. The development proposes approximately 12% of open space; 10.5% is qualified open space as defined below. J. Qualified Open Space (UDC 11-3G): Requirements of UDC 11-3G-3 for qualifying common open space include an open grassy area of at least fifty feet by one hundred feet (50’ x 100’). This proposal includes an open grassy area of approximately 125’ x 143’ on the south side of W. Larry Lane toward the center of the development, and an additional grassy area of approximately 62’ x 132’ at the north side of the W. Tara Court cul-de-sac (all of this is shown as Lot 4, Block 2). With a qualified open space of approximately 28,275 square feet, this is 10.5%, meeting the 10% minimum requirements. Common open space is required to be landscaped with one tree per 8,000 square feet of landscaped area in accord with the standards listed in UDC 11-3G-3E. The landscape plan complies with the minimum requirements. There is an area of 1,974 square feet proposed as qualified open space (Lot 7, Block 2). Although this area does meet the minimum 20’ x 50’ size requirement, it is only open on one end and therefore cannot count as qualified open space. However, the common area shown as a pathway north of Lot 10, Block 1 and connecting to the west would count as qualified open space. The landscape plan and preliminary plat should be revised to account for this area, and has been recommended as a condition of approval. The applicant proposes a pathway in the common open space between Lots 3 & 5, Block 2. Staff has concerns with the orientation of the lots on either side of this pathway. Because this pathway would run along the sides of the houses, it would be an area of limited visibility. As Lot 7 cannot be counted as qualified open space anyway, staff recommends eliminating Lot 7 and rotating Lots 5 & 6 ninety-degrees to align with Lots 8-10 in Block 2. This would put the backyards of Lots 5 & 6 adjacent to the pathway area and provide better visibility into the common open space. K. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat (6.14 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. Although staff has raised this issue to the applicant several times, an amenity has yet to be proposed. Staff recommends the Planning Commission discuss the proposed open space area, whether it is acceptable, and which amenities should be required. L. Waterways (UDC 11-3A-6): There are no significant waterways on the property. Page 9 M. Fencing (UDC 11-3A-6, 11-3A-7): No new fencing is reflected on the plat or landscape plan. All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed Development. All lots within the subdivision will be provided domestic water and sanitary sewer service by the City via extensions from N. Black Cat Road. The existing house at 5025 W. Larry Lane (Lot 11) will be retained and is presently served by well and septic. Staff is recommending as a condition of approval that this residence be connected to water and sewer. N. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project (see Section VII.F). The single-family homes are depicted as two-story structures with two-car garages, and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes. DECISION O. Staff: Staff recommends approval of the requested annexation, zoning and preliminary plat with the conditions noted in Section IX.A per the Findings in Section IX. Page 10 VI. EXHIBITS A. Preliminary Plat (date: 6/29/2020) Page 11 B. Landscape Plan (date: 6/28/2020) Page 12 C. Conceptual Building Elevations (date: 5/13/2020) Page 13 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. 2. 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, landscape plan and conceptual building elevations for the single-family dwellings included in Section VII and the provisions contained herein. 3. The Preliminary Plat included in Section VII, dated 6/29/2020, shall be revised as follows prior to submittal of the final plat application: a. Common Lot 7 Block 2 will be eliminated, and Lots 5 & 6 of Block 2 shall be rotated 90-degrees to align with Lots 8-10, Block 2. b. The micropath north of Lot 10 shall be included as a separate Lot and Block. 4. The Landscape Plan included in Section VII, dated 6/29/2020, shall be revised prior to submittal of the final plat application as follows: a. At least one qualifying site amenity shall be provided as set forth in UDC 11-3G- 3C. b. The micropath lot indicated on the plat north of Lot 10, Block 1 shall be shown on the landscape plan. c. All proposed fencing shall be shown on the landscape plan. 5. The existing residence at 5025 West Larry Lane (Lot 11) will be required to abandon the well and septic system and connect to City water and sewer. 6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page 14 8. The applicant shall comply with the sidewalk standards as set forth in UDC 11-3A- 17. This includes a sidewalk along the south side of W. Larry Lane. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 10. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 11. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 12. The applicant shall preserve any existing trees on the subject property that are four- inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11- 3B-10C. 13. The development shall 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. 14. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 15. The Applicant shall have a maximum of two (2) years to obtain City Engineer’s signature on a final plat in accord with UDC 11-6B-7. 16. The Applicant shall comply with all conditions of ACHD. 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. 1.2 End the water main in W. Tara Court with a fire-hydrant and extend a water and sewer easement to the eastern property line 1.3 Applicant to provide “to and through” sanitary sewer mainline connection to the property to the west. 1.4 Do not extend sewer to the north boundary as properties to the north are in a different service area. 1.5 Applicant shall submit a geotechnical investigative report for the subject development prior to this project advancing to the Meridian City Council for consideration. Page 15 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 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 Page 16 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 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 Page 17 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. D. ACHD https://weblink.meridiancity.org/WebLink/DocView.aspx?id=191225&dbid=0&repo=Meridi anCity E. MERIDIAN POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=190783&dbid=0&repo=Meridi anCity F. MERIDIAN FIRE DEPARTMENT (MFD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=188366&dbid=0&repo=Meridi anCity VII. 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: Page 18 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section IX. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 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 Staff 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. 5. The annexation (as applicable) is in the best interest of city Staff finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IX. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 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) Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 19 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Staff finds the proposed plat is in substantial 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; Staff 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 Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development.