Landing South H-2020-0005 Findings Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW ...
AND DECISION& ORDER ,
In the Matter of the Request for Preliminary Plat Consisting of Eight(8)Buildable Lots and Two
(2) Common Area Lots on 2.27 Acres of Land in the R-4 Zoning District for The Landing South,by
Jim Jewett.
Case No(s). H-2020-0005
For the City Council Hearing Date of: December 15, 2020 (Findings on December 22, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 15, 2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 15,2020, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 15,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 15,2020,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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE LANDING SOUTH—PP H-2020-0005 - I - Page 147
Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 15,2020, 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 preliminary plat is hereby approved per the conditions of approval
in the Staff Report for the hearing date of December 15,2020, 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 11-613-7A).
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).
E.Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 December 15,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE LANDING SOUTH—PP H-2020-0005 -2-
Page 148
Item#8.
By action of the City Council at its regular meeting held on the 22nd day of December
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 12-22-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE LANDING SOUTH—PP H-2020-0005 -3- Page 149
►tem#s. EXHIBIT A
STAFF REPORTC�WE
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING December 15, 2020 Legend
DATE: --
Project Lc=tor
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner [
208-884-5533 f
E
SUBJECT: H-2020-0005 l
Landing South—DPP
LOCATION: 660 S. Linder Rd. (Parcel -----
#51213233965;NW'/4 of Section 13, -.
T.3N.,R.1W.) El
I. PROJECT DESCRIPTION
Rezone of 43 aeres of land f am the n n t the n 8 , g disc t; a* Preliminary plat consisting
of 40 8 building lots and-2 common lots on 2.27 acres of land in the proposed R 9 R=4 zoning
district.
Note: The Applicant has submitted a revised preliminary plat(and associated plans) that complies
with the R-4 dimensional standards and a request for withdrawal of the rezone application: the staff
report has been updated accordingly.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2.27(includes area to section line of Linder Rd.that is
owned fee simple)
Existing/Proposed Zoning R-4 existing/p 9 proposed
Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)
Existing Land Use(s) Residential(single-family home&accessory structures)
Proposed Land Use(s) SFR(single-family residential)
Lots(#and type;bldg./common) 4-0 8 buildable lots/-3 2 common lots
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 44 8 units total[(^" F nily duplex dwellings-With^total
of units) oFore its&6 standard SFR detached dwellings)
Density(gross&net) 646 3.52 units/acre(gross);7�5 4.23 units/acre(net)
Open Space(acres,total 047 0.32 of an acre including street buffer along Linder
[%]/buffer/qualified) Rd. and area where the Kennedy Lateral is located. (Note:
Pagel
Page 150
Item#8.
Description Details Page
Qualified open space is not required because the site is
below 5 acres in size)
Amenities . None proposed(Note: Qualified site amenities are not
required because the site is below S acres in size)
Physical Features(waterways, The Kennedy Lateral runs along the north boundary of the
hazards,flood plain,hillside) site and has been piped
Neighborhood meeting date;#of 10/17/19;3 attendees
attendees:
History(previous approvals) Johnson Annexation(Ord. 631 in 1994),no DA;ROS
#2605 (created subject parcel)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via an existing local stub street from the north(S.
(Arterial/Collectors/State Spoonville Ave.);an emergency access via Linder Rd. exists to the north
Hwy/Local)(Existing and on Lot 55,Block 5 in Landing Subdivision No. 12
Proposed)
Traffic Level of Service Better than"B"(Linder Rd.)
Stub No other stub streets exist to this property other than from the north(S.
Street/Interconnectivity/Cross Spoonville Ave.),from which access is proposed;no stub streets are
Access proposed to adjacent properties to the east or south as those properties
have already developed.
Existing Road Network None
Existing Arterial Sidewalks/ There is an existing attached sidewalk along Linder Rd. constructed in
Buffers 2015 with the adjacent road improvements but no street buffer
Proposed Road None(proposed right-of-way dedication to total 48' from section line of
Improvements Linder Rd.abutting the site)
Fire Service
• Distance to Fire Station 2.3 miles
• Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire
Station#1 —can meet response time goals
• Resource Reliability 75%-does not meet the target goal of 80%or greater
• Risk Identification 2 current resources would not be adequate to supply service
• Accessibility Project meets all required access,road widths and turnaround.
• Special/resource needs Project will not require an aerial device;can meet this need in the
required timeframe if a truck company is required.
• Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings
are fully sprinklered.
• Other Resources
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Page 151
Item#8.
Police Service
• Distance to Police 2.5 miles
Station
• Police Response In an emergency,just over 3 minutes,with an average time of just under 4
Time minutes(meets target goal)
RileridLem p¢I PL ment.The landing�jZah
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Calls for Serrloe ICF%�:llesponse time-tMspotilm 1aArdwd Io11 unitsM
.%rrrnp PesP7'sr Ti—t- 4f p"arlgy: VtV Or OMMIAP'
PrianYy 3 3:49
PrAxMle 2 7.03
Araxkp 1 16,34
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Armn"T 9:45
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k of Ullt lnr riaiwlrr ip lit;Prlearf In-WAS,
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'[rash 10 nr TW2 n
West Ada School District 1nrDlimpM Capaaty Wei.
• Distance(elem,ms, Pznwrine{lernrntary $56 650 !
hs) MI Alan Mddle St i&M 12110 Im 1.9
• Capacity of Schools ' e'Lell I Hip 5&00M 1975 MC0 10
• #of Students
dr.ie Lu the abundant anwunl d Rrvarth In Lhe afea,Vfe3l01da fi adludy buddng new sutioals,and hcurdarles m always
Enrolled Ghaning 7h"Iutpr+41u14n14 cA,lld pgyfnr411y atto+ld Pl rcrM y14W Flenxnlir%21nd C"hre Kch Srhwl,
• #of Students
Predicted from this 9
development
Wastewater L
• Distance to Sewer Directly adjacent
Services
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project 14 units total—(4)2-family duplex dwellings for a total of 8 units&6 standard
Sewer ERU's SFR detached dwellings
• WRRF Declining 13.88
Balance
• Project Consistent No sewer mainlines in common drives,only sewer services(reminder that a
with WW Master maximum of three services are allowed into a manhole,with a minimum 30-
Plan/Facility Plan degrees of angle separation).
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 3
• Estimated Project 14 units total-(4)two-family duplex dwellings for a total of 8 units&6
Water ERU's standard SFR detached dwellings
• Water Quality None
• Project Consistent Yes
with Water Master
Plan
Page 3
Page 152
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Item#8.
C. Representative:
Nick Bennett, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617
III. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
newspaper 3/13/2020; 9/25/2020 7/24/2020; 11/27/2020
Notification mailed to property
owners within 300 feet 3/11/2020; 9/23/2020 7/21/2020; 11/23/2020
Applicant posted public hearing
notice on site 5/20/2020; 10/5/2020 8/12/2020; 11/25/2020
Nextdoor posting 3/12/2020; 9/23/2020 7/21/2020; 11/23/2020
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as
Medium Density Residential(MDR).
The purpose of the MDR designation is to allow small lots for residential purposes within City limits.
Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre.
The proposed development consists of 4x-(6)eight 8 single-family detached homes and f••r(^"
f Y ily deple es f r a total of 14 units over-all at a gross density of f 3.52 units per acre consistent
with the Plan.
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 and 'f tiii4, a plea dwellings will
contribute to the variety of housing types as desired.
• "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.
• "Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City."(2.01.01 G)
Two One housing types(i.e. single-family detached and2 jcdmi4, a°•„'w dwellings)a-pe is
proposed in this development which is the same as adjacent
housing types aiwdable in this area.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed residential dwellings should be compatible with adjacent existing and future
single-family detached homes. Staff is concerned the proposed site design with only two (2)
available on-street parking spaces may not be adequate to serve the site; however, the
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Item#8.
required off-street parking is being met. Feur(4) , difie n 's ea athe ends
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development."
(3.03.03A)
The proposed development will connect to City water and sewer systems;services are
required to be provided to and though this development in accord with current City plans.
• "Encourage infill development."(3.03.01E)
The subject property is an infill property that was previously annexed into the City but never
developed. Development of this property will maximize public services by servicing land
already in the City as opposed to parcels on the fringe.
• "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 along the internal
street is required to be provided with development as proposed.
In summary, Staff believes the proposed development plan is generally consistent with the vision of
the Comprehensive Plan in regard to land use, density and transportation.
V. UNIFIED DEVELOPMENT CODE ANALYSIS UD
A. Rezone! Withdrawn
The proposed rezone is for--2.43 aer-es of land,w-hieh inehides adjaeei#hinder-Read r4gM of way
te the seetion line, from the R 4 to the R 9 zoning distfiet. The proposed gross density of 6.16
dwelliag tmits/aer-e and plan to develop single family detaehed and 2 family duplex dwelliffgs
the site is eensisteftt with the Medium Density Resideatia4 (MDR)Future Land Use Map (FLUM)
designation for-this site. A legal desefiption fef the rezone area is ineluded in Seetion VIII.A.
The City may r-equiFe a development agmefneat(DA) in eef��etiofi with a rezone pufsua-a
1dahe Code seetion 67 651!A. in order-to easufe the site develops as proposed with this
appheation, staff r-eeetwnends a DA as a provision of the rezone with the provisions inelude
the City within 6 fnefAhs of the Cou-neil gr-afAiag the rezone for-approval by City Couneil and
B. Preliminary Plat:
The proposed plat consists of 49 8 buildable lots and 2 common lots on 2.27 acres of land in the
proposed P,&R-4 zoning district. The minimum lot size proposed is 4-,004 8,018 square feet(s.f.)
with an average lot size of�8,199 s.£; the gross density is 646 3.52 units/acre with a net
density of 7-.6-5 4.23 units/acre. The subdivision is proposed to develop in one phase.
Single family detaehed dwellings afe proposed on Lots 62 67 and 2 family duplex dwellings are
proposed on Lots 57 60.
Existing Structures/Site Improvements:
There is an existing home and accessory structures on the site that are proposed to be removed
with development. All existing structures should be removed prior to signature on the final plat
by the City Engineer.
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Item#8.
Proposed Use Analysis:
Single-family detached a"'" family dale.* dwellings are listed as a principal permitted uses in
the R 8 R=4 zoning district in UDC Table 11-2A-2.
Dimensional Standards (UDC 11-2):
R-9 R=4 district: (UDC Table 11-2A-5)
The property sizes and street frontages of the proposed lots and width of the street buffer along
Linder Rd. comply with the minimum dimensional standards of the P,8 R=4 district; future
development should comply with the minimum building setbacks and maximum building height
standards of the district as required.
Subdivision Design and Improvement Standards(UDC 11-6C-3)
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.
There are two (2)een*nea driveways proposed; stieh driveways should be eeastvdeted in aee
with the standards listed in UPC 11 6C 3D. The eommon dFiveway that pFo,,4des aeeess -
Lots 63 65 should be plaeed in a eommon lot.An exhibit should be submitted with the fina
>building envelope,
and OFientation oft
driveway but has the required minimum street frontage and is taking aeeess via the pi
street,the driveway should be depieted on the opposite side of the shared property line from
the eommon driveway.A perpetual ingFessiegFess easement is Fequir-ed to be filed with the
surface eapable of supporting fire vehieles and equipment as set for-th in UDG 11 6C 34,&-ff
eopy of the r-eeor-ded easement should be submitted to the Planning Division with the ti
plat for-City Engineer-signature.
Access(UDC 11-3A-3)
Access is proposed via the extension of an existing stub street(S. Spoonbill Ave.)from the north
boundary of the site; direct access via S. Linder Rd. is not proposed or approved. An emergency
access via Linder Rd. exists to the north on Lot 55,Block 5,Landing Subdivision No. 12.
Because the surrounding properties are developed and the Applicant is extending the only
existing stub street,no other stub streets are necessary to be provided. The extension of the
existing street results in a cul-de-sac in excess of the maximum length(i.e. 500')allowed by the
UDC;because this is an existing condition and access via Linder Rd. is not allowed,no other
alternatives exist.
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 and 2 family duplex dwellings based on the number of bedrooms
per unit. Based on 3-bedrooms per unit as proposed,a minimum of 4 spaces are required per unit
with at least two (2)in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20'
parking pad; if 2-bedroom units are proposed, a minimum of 2 spaces are required per unit with at
least one (1)space in an enclosed garage,the other space may be enclosed or a minimum 10' x
20' parking�pad. Future development should comply with these standards. The proposed
dwellings all inelude 2 ear-gar-ages and outside par-king pads; however-,the par-king pads
are only 16' wide and need to be widened to 20'.
A par-king pla-a was ineluded on the plat 4iat depiets a total of twe (2) on street parking spaees
available after-dfiveways afe pr-evided for-eaeh lot(see Seetion VIII.B). Another-fouf(4) spa
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Item#8.
Because on-street parking is not allowed in the cul-de-sac, only two(2) on-street spaces may be
available in front of Lots 57 and 64 ifthe driveways are located in the cul-de-sacs. Staff is
concerned there may not be adequate on-street parking for guests; however,there is no
UDC standard for on-street parking. Staff is also eoneer-ned theFe will not be adequate a
foF tFash Feeeptaeles at the stFeet on piek up day with the proposed design.
Pathways(UDC 11-3A-8):
A 10' wide multi-use pathway is designated on the Pathways Master Plan along the frontage of
this site adjacent to S. Linder Rd. Because the existing sidewalk is in good condition,the
Park's Dept.is not requiring the pathway to be constructed at this time; however, a 14-foot
wide public pedestrian easement for a future detached pathway is required.
Sidewalks(UDC 11-3A-1 :
Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. A 5'
wide detached sidewalk is typically required along arterial streets (i.e. S. Linder Rd.); however,
the Director may waive this requirement to detach the sidewalk where there is an existing
attached sidewalk. In this case,there is an existing attached sidewalk along Linder Rd. that is in
good condition;there is also existing attached sidewalks on the adjacent developments to the
north and south. For these reasons,the Director approves a waiver to this requirement.
Landscaping(UDC 11-3B):
A 25-foot wide street buffer(measured from back of sidewalk) is required adjacent to N. Linder
Rd., an arterial street,landscaped per the standards listed in UDC 11-313-7C,which require
buffers to be planted with a mix of trees and shrubs, lawn, or other vegetative groundcover.Just
lawn and trees are proposed; Staff recommends shrubs are added at a minimum.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-
3G-3E. At a minimum,one three per 8,000 square feet of common area is required to be
provided along with lawn. Because the common area along the north boundary of the site where
the Kennedy Lateral is located is within an Irrigation District easement,no trees are allowed.
Therefore, all of the required trees are proposed to be placed in the street buffer along Linder Rd.
There are several existing trees on this site that are proposed to be removed with
development that require mitigation per the standards listed in UDC 11-3B-1OC.5.The City
Arborist inspected the site and determined an additional 67 caliper inches of trees need to
be provided on the site for mitigation. The 50-inch caliper silver maple along Linder Rd.is
required to be retained on the site and protected during construction, unless required to be
removed by ACHD.Mitigation calculations should be included in the Landscape
Calculations table demonstrating compliance with the aforementioned UDC standard.
Qualified Open Space(UDC 11-3G1:
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is
required for developments over 5 acres in size;because this property is only 2.27 acres,this
standard does not apply. However,the Applicant did submit an open space exhibit that depicts
0-3-7 0.32 of an acre of common open space including street buffer along Linder Rd. and area
along the north boundary of the site where the Kennedy Lateral is located.
Qualified Site Amenities(UDC 11-3G1:
Because the development area is below 5 acres in size,the standards listed in UDC 11-3G-3 for
site amenities do not apply.No amenities are proposed or required.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City.
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Item#8.
Waterways(UDC 11-3A-6):
The Kennedy Lateral runs along the northern boundary of this site and has been piped. The
Irrigation District(NMID)has a 55' wide total easement in this area for the lateral,20' from the
centerline on this site. Any encroachments in this easement will require a signed License
Agreement and approved plan prior to construction. If the easement encroaches on adjacent
buildable lots more than 10',the easement area should be included in a common lot that is a
minimum of 20'wide and outside of a fenced area,unless modified by City Council at a
public hearing with notice to surrounding property owners per UDC 11-3A-6E. The
location of the easement should be clearly depicted on the plat.
Fencing(UDC 11-3A- :
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists along
the south and east boundaries of the site that is proposed to remain.No new fencing is proposed
on the landscape plan. Fencing is required to be constructed by the Developer adjacent to
common open space lots to distinguish common from private areas as set forth in UDC 11-
3A-7A.7a. The Applicant states that wrought iron fencing will be constructed at the back
edge of the street buffer along Linder Rd. and along the Kennedy Lateral easement at the
north boundary of the site; fencing should be depicted on the landscape plan accordingly.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted sample elevations of the homes planned to be constructed in this
development which are included in Section VIII.E. Single-family detached homes are a single-
story in height(and may have bonus rooms) and constructed with a stucco finish with stone
veneer accents. Single-family detached dwellings are exempt from the design standards in the
Architectural Standards Manual.
af!e not approved with this applieation; final design is FeqUiFed to eomply with the desig-H
standards listed in the Arehiteetural Standards Alanual.An applieation for Design Review
should be submitted and approved by the Planning Division prior-to submitt
applieations for-building permits for-the duplex dwellings.
VI. DECISION
A. Staff:
Staff recommends approval of the requested rezone with the r-equk:ement of a Development
Agreement ent and appFeval of the fequeste preliminary plat with the conditions noted in Section IX
per the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on June 4, and July 16,2020. At
the public hearingon n July 16',the Commission moved to recommend denial of the subject RZ
and PP requests.
1. Summary of Commission public hearing_
a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative); Jim
Jewett,Applicant
b. In opposition: None
C. Commenting: Jeanette Ockerman,Anthony Baggio
d. Written testimony: Chris&Candace Johnson; Jeff Bolen; Kenneth"Scott"Grapatin;
Josh Beach,Applicant's Representative
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
Page 9
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Item#8.
2. Key issue(s)of public testimony-
a. Request for Joshua St.to extend to the west to Linder Rd. as a permanent access instead
of emergency, or at the very least,that construction traffic is allowed to use this
access for development of the subdivision; and that a"No Outlet" sign be installed on S.
Tylee Way where it intersects Waltman Dr. to notify drivers the street dead ends to
prevent unnecessary traffic;
b. Mr. Grapatin expressed concern pertaining to the continued provision of irrigation water
to his property,which currently runs through the north side of the proposed project&
accessibility of the ditch for repairs and cleaning,
c. The Applicant requested conditions#3b and#3c pertaining to specific tree mitigation be
amended based on coordination with the City Arborist to take place prior to the Council
hearing;
d. The Applicant testified there would be one large trash dumpster/enclosure for the
development instead of individual receptacles for each unit to eliminate the issue of
receptacles in the right-of-way or blocking sidewalks/driveways;
e. Concerns pertaining to traffic and parking_
3. Ke, ids)of discussion by Commission:
a. The provision of a pathway from the sidewalk along Spoonbill Ave. to the sidewalk
along Linder Rd. and to the north to the pathway along the Kennedy Lateral;
b. The Commission directed the Applicant to consider revisions to the plat to make the
eastern lots R-4 sized(8,000 s.f. lots,) and possibly reduce the density, improve parking
and internal circulation,work with ACHD to facilitate a construction entrance off of
Linder Rd.until initial occupancy, and include a pathway connection between Lots 58
& 59 from Spoonbill to Linder Rd.;
C. Concern pertaining to parking and placement of trash carts on pick-up day-
d. Reduce the number of units by replacing the units with single-family detached
units; and,
e. Possibly reconfiguring the plat so that lots are R-4 size and are a"Pinwheel"design off
the cul-de-sac.
4. Commission change(s)to Staff recommendation:
a. The Commission recommended denial of the project for the following reasons: doesn't
fit the comp plan, challenges with turnarounds and access drives, and revised plat
doesn't address the previous concerns of the Commission.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on August 11 and 25, 2020.At the public hearing
on August 25t1i,the Council moved to remand the subject PP request back to the Commission.
1. Summary of the City Council public hearjng:
a. In favor: Jim Jewett.Applicant
b. In opposition: None
c. Commenting:None
d. Written testimony,None
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application:None
2. Kev issue(s)of public testimony,
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
Page 10
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Item#8.
a. The Council remanded the application back to the Commission for review of a revised
plat meeting the R-4 dimensional standards—a re-notice of the project and submittal of
an updated application with revised plans is required with withdrawal of the rezone
request•
B. The Meridian Planning&Zoning Commission heard this item on October 15,2020.At the public
hearing,the Commission moved to recommend approval of the subject PP request.
1. Summary of Commission public hearing_
a. In favor: Jim Jewett,Applicant
b. In opposition: None
C. Commenting.None
d. Written testimony:No new testimony was submitted(see above for previous testimony
submitted
e. Staff presenting application: Sonya Allen
f Other Staff commenting on gpplication:None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. In favor of the revised design for the infill property;
b. Concern pertaining to adequacy of on-street parking available to accommodate guest
parking.
4. Commission change(s)to Staff recommendation:
a. Revision to conditions#A.3b and A.3c in Section VIII to require 17 instead of 67 caliper
inches of trees for mitigation as requested b, t�pplicant based on the City Arborist's
inspection.
5. Outstandingissue(s)sus for City Council:
a. None
C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing.the
Council moved to approve the subject PP request.
1. Summary of the City Council public hearing:
a. In favor: Josh Beach. Sawtooth Land Surveying(Applicant's Representative) and Jim
Jewett.Applicant
b. In opposition: None
c. Commenting:None
d. Written testimony: Jim Jewett.Applicant(in agreement with the Commission's
recommendation)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. The Council was in favor of the proposed revisions to the plat.
4. City Council change(s)to Commission recommendation:
a. None
Page 11
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Item#8.
VII. EXHIBITS
A. Rezone Legal Description& Exhibit Alap
Page 12
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Item#8.
B. Preliminary Plat(date: 5�')"�r�0/2020 10/5/2020)
- T,. t./NaWYC+SLEUTH XWAASM
A P6MTF%N W8n,4K%-W A*ry uFlEl.•KN'rA i
.� 7.W.A ex.0M 3
a
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i
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' Yfff it
i r_ ti
Page 13
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Item#8.
C. Landscape Plan (date: 5P29/2020 10/5/2020)
MAK;r r•%L-CrrrM-BI j L hG aF vaLU Li�EGh�
ItlIh5TS1l�., �:.•;J'�*..�C��.'�, ,�, f��,T "':.rw"�i«!_T.���.�.:.'"..'^,L"r»J;�';
..� �-f nr. it .l.t� •k� �x '��`�x' � �
'�s};psi._��w:i��.�':��.�:,,.,,.,.,,,.:i':;rkt.;>�,I�a��_ •' � � },�' yi�
"w2E4�!�'S7SR.:.til��'.;G'..,r:�"' FS:. ,'.S�GrS«!L':L•L-d:k*' I k�_ - � � � Y�-
7 4•.M- ..iltrJkTd1".f'
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[_ , _ z �
' F GPF-1F hT RATA - --- -- - - -- - - - - - - fa
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116�r,
�ir- -..„... .�� yip, •„i.��i�.r r-w� � ....�f. RLIY
e: L 1
Page 14
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Item#8.
D. Open Space Exhibit(dated: Alay 28, 2020 October 5, 2020)
THE LANDING SOUTH
REV: OCTOBER 5, 2020 SCALE F
So u xs so 106
(FEET}
L INCH= 50 FT
---------------- -------------------------------- .��177
'--- - ----. DENSPFYGtiXULd734N5
TOTAL Raw&OPEN SPACE
S,UIO Sq,Fgpl 37,667 5�Fl
'� G.P19A ACRE:
R ,Felt GROSS MINUS ROW A OPEN SPACE
AVERAGE AREA PER LOT
CL2Xr ArE5
DENSITY PER*7ACRE
1.2310a M ACU
$Ilia 5 Fb!t
OPEN SPME CALCUL UON5
e,sn su.r.!t
ga 25
6,�a�.fi �
t J3z�
Page 15
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Item#8.
E. Conceptual Building Elevations
T'_ %S EA
i BETTIS
sum W
- �� I
i L
IML
r v
......
---------
as
r
Page 16
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Item#8.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A PevelepfnefA Agreemen m�ze"ired as provision of rezone of this pr-opeftty.. PHO
to appr-eval of the rezone > PA ll ,
the property owner(s) at the time of rezone or-dinanee adoption, and the developer-.
Ctiffently, a fee of$303.00 shall be paid by the Applieant to the Planning Divisi
Prior-to eemmxeneementof the D A The D A shall be Signed he Y�Pel4y ONNr�
a-ad r-etumed to the Planning Division within si*(6)mel#hs of the City Co-Uneil
gra*tingthe rezone. The T' shall, a �, „corporate the following
a. R„tffe development of this site stall be generally e istent with the
preliminary plat, landscape plan and eoneeptual building elevations iffelt1ded ii-8-
b. The two family duple*d-wellings are r-equir-ed to eemply with the desip
Division prior-to submittal of applieations for-building pefmits fef:these uait-s-.
2. The final plat shall include the following revisions:
a. 1-nelude a note prohibiting dir-eet lot aeeess via S. Linder- .Included
b. The eommen driveway that provides aeeess to Lots 63 65 shall be depieted in a eomm
lei
c. The easement for the Kennedy Lateral shall be clearly depicted on the plat; if the
easement encroaches onto adjacent buildable lots more than 10 feet in width,the
easement area shall be included in a common lot that is a minimum of 20-feet wide and
outside of a fenced area,unless modified by City Council at a public hearing with notice
to surrounding property owners as set forth in UDC 11-3A-6E.
d. Note#2—" 14 is oeiagre-zoned as R 9 MediumDeasi0,x Residential Distr-iet."
3. The landscape plan included in Section VIII.A.3, dated �1''°�20 10/5/2020, shall be revised
as follows prior to submittal of the final plat application:
a. Depict wrought iron fencing as proposed by the Applicant along common open space lots
to distinguish common from private areas in accord with UDC 11-3A-7A.7a.
b. Depict an additional 6-7 17 caliper inches of trees within common areas on the site as
mitigation for removal of existing trees in accord with the standards listed in UDC 11-
313-1OC.5. The 50-inch caliper silver maple along Linder Rd. is required to be retained on
the site and protected during construction,unless required to be removed by ACHD.
c. Include mitigation calculations in the Landscape Calculations table based on the City
Arborist's inspection, in accord with the standards listed in UDC 11-3B-1OC.5; a total of
6-7 17 caliper inches of trees is required for mitigation.f
d. Depict shrubs within the street buffer as set forth in UDC 11-313-7C.3a.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-5 for the R-9 R-4 zoning district.
Page 17
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Item#8.
5. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached and twe fi. ily duple*dwellings based on the number of
bedrooms per unit. Parking pads for each unit shall be widened to 20-feet as set forth in
UDC Table 11-3C-6 for 3-bedroom units.
6. An exhibit shall be s4mitted with the final plat applieation that depiets the sethaeks, fefteing,
building envelope, and orientation of the lots and structures accessed via the eommon
opposite side of the shared property line from the common driveway as set forth in UPC 11
6C_4D_.
6C 3D.
8. A perpetual ingress/egress easement shall be filed with the Ada County Reeorder-for-all
the r-eeer-ded easement shall be submitted to the Plamiiffg Division with the final pla4 fer-City
Engineer- .,t,,,-
e.
9. Address signage shall be provided at the publie stfeet for-homes aeeessed via eoH*"ofl__
10. A 14-foot wide public pedestrian easement for a future detached pathway along S. Linder Rd.
is required to be submitted to the Planning Division with the final plat for City Engineer
signature; coordinate the details of the easement with Kim Warren,Park's Department.
11. All existing structures shall be removed prior to signature on the final plat by the City
Engineer.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 , only sewer-sefviees(r-eminder-that a maximum e
thfee ser-viees are allowed into a fna+44ele,with a minimum 30 degrees of angle separation).
1.2 Terminate the water main at the south end of the cul-de-sac with a fire hydrant. Wa4e
sei=viees only in the eormnon drives,not water- •
1.3 The geotechnical opinion submitted with this application was from March 2017, and was not
derived from an on-site study. It was indicated in that opinion that an on-site geotechnical
investigation would be conducted in April of 2017. The applicant shall submit the results of
the April 2017 investigation, as well as current monitoring reports, as part of the final plat
application.
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.
Page 18
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Item#8.
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 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.
Page 19
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Item#8.
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 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
https://weblink.m eridia n c i ty.ory/WeUink/Doc View.aspx?id=18 4 8 71&dbid=0&rep o=Meridia n C
ity
Page 20
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Item#8.
D. POLICE DEPARTMENT
https://weblink.meridianciV.oLy WebLink/DocView.aspx?id=188196&dbid=0&r0o=MeridianC
E. PARK'S DEPARTMENT
https://weblink.meridiancity.oLvlWebLinkIDocView.aspx?id=184643&dbid=0&repo=MeridianC
hty
City Arborist's Comments:
https://weblink.meridiancity.oLvlWebLink/Doc View.aspx?id=189344&dbid=0&repo=MeridianC
hty
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
No comments were received.
G. BOISE PROJECT BOARD OF CONTROL
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=183794&dbid=0&r0o=MeridianC
ky
H. NAMPA&MERIDIAN IRRIGATION DISTRICT
https://web link.meridianciU.oLy WebLink/DocView.aspx?id=184912&dbid=0&repo=MeridianC
ky
I. CENTRAL DISTRICT HEALTH DEPARTMENT
https://weblink.meridianciU.org/WeUink/DocView.aspx?id=184497&dbid=0&repo=MeridianC
ky
J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=184485&dbid=0&repo=MeridianC
hty
K. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=183952&dbid=0&repo=MeridianC
hty
L. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=185551&dbid=0&repo=MeridianC
hty
M. ADA COUNTY HIGHWAY DISTRICT(ACHD)
hgps://weblink.meridianciU.oLy WebLink/Doc View.aspx?id=185685&dbid=0&repo=MeridianC
hty
Page 21
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Item#8.
IX. FINDINGS
.Annexation and/or Rezone(UPC; 11 5B 3E)Application Withdrawn
Reqttir-ed Findings: Upon reconunendation from the eommission,the council shall make a full
investigation and shall,at the publie he i ffie applieation. In or-def to grant an
a*nexation-andlor- iix�E6untrttshafl_-mislk+L.o F 11.,..ing finding-S_
plan;
development is. t e sf,nt wit fl a C-e pr-el,,, iy PIHH.
2. The map amendment eomplies with the regulations outlined for the proposed ,
opportunities in this apea, Me Comm' 01j9popepi�,is not large eno-61. to
3. The map amendment shall not be materially detr-imental to the p4lie health, an A
speeifleally the pufpose statement;
`.'
4. The map amendment shall not result in an a&er-se impaet"on the delivery of setwiees by
any politieal subdivision providing p4lie ser-viees within the eity ineluding,but not limited
to,seh�ets; an
5. The ann&Eatien(as applieable)is in the best interest of eity.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed revised plat is in conformance with the adopted
Comprehensive Plan as the density and use is consistent with the MDR FL UM designation for
this area.
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services could be provided to the subject property with
development. (See Exhibit B of the Staff Report for more details from public service providers)
Page 22
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Item#8.
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities could be provided with development at
the Developer's cost, the City Council finds that the subdivision will not require the expenditure
of capital improvement funds.
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 based upon comments from the public service providers (i.e., Police,
Fire, ACHD, etc). (See Section IX for more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The City Council is not aware of any health,safety, or environmental problems associated with
the platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on
this site that require preserving.
Page 23
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