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Findings for ApprovalCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN+~ ~J In the Matter of the Request for Annexation of 5.94 Acres and Preliminary Plat Consisting of Two (2) Single-Family Residential Building Lots and Two (2) Common Lots in the R-2 - Zoning District on 5.80 Acres, for Barletta Subdivision, by Russell Hunemiller. Case No(s). AZ-10-002 and PP-10-002 For the City Council Hearing Date of: November 3, 2010 (Findings on the November 16, 2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 3, 2010 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 3, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 3, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 3, 2010, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-10-002 and PP-10-002 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Exhibit Map, Development Agreement, the Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of November 3, 2010, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: i. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated o~/22/io as shown in Exhibit A of the attached Staff Report for the hearing date of November 3, 2oio, incorporated by reference, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of November 3, 2010, incorporated by reference. 3. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated July 26, 2oio by D. Terry Peugh, PLS, is hereby conditionally approved; and 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 3, 2010, incorporated by reference. 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 one (1) year of the combined preliminary and final plat or short plat. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-10-002 and PP-10-002 -2- 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 eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. 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 record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe 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. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval 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 November 3, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-10-002 and PP-10-002 -3- By action of the City Council at its regular meeting held on the day of 2010. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: Jaycee Holman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-IO-002 and PP-10-002 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: October 26, 2010 (Continued to November 3, 2010) Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 E II~IAN~-- IDAHO AZ-10-002 and PP-10-002 -Barletta Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Russell Hunemiller, has applied for Annexation and zoning of 5.94 acres from Rl in Ada County to R-2 (Low-Density Residential) in the City. The applicant is also requesting Preliminary Plat approval for 2 buildable lots and 2 common lots on 5.80 acres. 2. SUMMARY RECOMMENDATION Staff recommends denial of the proposed development based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on September 16. 2010. At the public hearing the Commission moved to recommend denial of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor. None ii. In opposition: None iii. Commenting: Becky McKay iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Development requirements for the County and the Title 9 agreement between the County and the City. ii. Future development that may occur in the area and increased traffic. iii. Driveway location in close proximity of Ten Mile Road. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Annexing the property without connection to city services and public street access. ii. The applicant is requesting City Council waive the requirement for tiling a service ditch and the Ridenbaugh Canal in accord with UDC 11-3A-6. itv Council heard these items on October 26 and November 3.2010. At the November . 2010 hearing the Council annroved the subiect AZ and PP reaues ~, Summarv of Citv Council Public Hearing: L In favor: Becky McKay 11, In opnosition: None 11L CommentinP: Bec y McKay iy. Written testimony: None Y. Staff nresenting apnlication: Bill Parsons yL Other staff commenting on anplication: Pete Friedman and Warren Stewart Barletta Subdivision - AZ-10-002 and PP-] 0-002 PAGE 1 IZ, ev Issues of Discussion by Council: 1< eauirement of a DA and discussion of the proposed provisions 11: imin~ for the extension of city services and location of city services in proximity to the proposed subdivision. liia Requirements of the Title 9 agreement. ~,. Kev Council Changes to Staff/Commission Recommendation i, ded DA provision to allow the continuing use of the open service ditch as a water feature to be used for irrigation purposes. 1L he addition of DA provisions and the conditions of approval for the Planning Department and ACHD attached in Exhibit B. 3. PROPOSED MOTIONS Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-10-002 and PP-10-002, as presented during the hearing on October 26, 2010, for the following reasons: (state specific reasons for denial of the annexation and preliminary plat request.) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-10-002 and PP-10-002, as presented during the hearing on October 26, 2010, with the following modifications to the conditions of approval: (add any proposed modifications) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-10-002 and PP-10-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the west side S. Ten Mile Road, midway between W. Tasa Drive and re-aligned Overland Road in the northeast '/ of Section 22, T.3N, R.1 W. b. Applicant/Owner: Russell Hunemiller 3299 W. Davis Lane Meridian, Idaho 83642 c. Representative: Becky McKay, Engineering Solutions, (938-0980) d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is on this matter, is required consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: August 30, and September 13, 2010 (Commission); October 4, and 18, 2010 (City Council) Radius notices mailed to properties within 300 feet on: August 19, 2010 (Commission); September 29, 2010 (City Council) d. Applicant posted notice on site by: September 6, 2010 (Commission); October 13, 2010 (City Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 2 Council 6. LAND USE a. Existing Land Use(s): The subject site is developed with a single family home and detached accessory building. The existing home is located on proposed Lot 2, Block 1. b. Character of Surrounding Area and Adjacent Land Uses: Much of the area is developed with county residences. The following uses surrounding the site include: 1. North: County Residence, zoned R1 in Ada County 2. East: Vacant property, zoned R-8 in the Southridge Subdivision 3. South: County Residence, zoned R1 in Ada County 4. West: County Residence/Agricultural, zoned Rl (Ada County) c. History of Previous Actions: NA d. Utilities: 1. Public Works a. Location of sewer: Sewer mains are currently installed in W. Overland Road and S. Ten Mile Road; approximately 1280 feet from the subject property. b. Location of water: Water mains are currently installed in W. Overland Road and S. Ten Mile Road; approximately 1280 feet from the subject property. c. Issues or concerns: City sewer and water mains master planned to serve to this site are not currently located within reasonable distance. e. Physical Features: Canals/Ditches Irrigation: The Ridenbaugh Canal transverses the east and west boundary of the proposed subdivision; a 50-foot easement encumbers the proposed western lot. 2. Hazards: The subject property is bisected by 75-foot wide Northwest Pipeline Easement. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Flood Plain: NA 4. Topography: NA f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the site is provided from W. Davis Lane; a private street which connects to S. Ten Mile Road. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 2single-family lots on 5.80 acres for a total gross density of 0.34 dwelling units/acre. The density proposed with the subdivision generally complies with the density requirements of the Comprehensive Plan. Although the density may be consistent with the comprehensive land use designation, the description specifically states, "to allow the development of single family homes on large lots where urban services are provided." Staff finds the following Comprehensive Plan text and policies to be applicable to this property and apply to the proposed development (staff analysis in italics below): • Chapter VII, Future Conditions, Urban Planning Service Area (Page 98). Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 3 The subject property is within the City of Meridian Area of City Impact. The City of Meridian desires all development within its Area of City Impact to be served with urban services from the City of Meridian. All requests for annexation into the city limits will require city-owned services. Expansion of urban services maybe at the discretion of the City or the developer. Currently, city services are not available to serve the proposed development and the applicant does not intend to extend services to the site.. Therefore, staff finds the proposed development is not consistent with the Comprehensive Plan. • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer and water service should be extended to the project at the developer's expense. The applicant has stated city services will be extended to the development once services are available. In the interim, the proposed subdivision would be served by a well and on-site sewage disposal. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • Davis Lane is a private street and is not maintained by the ACHD (District). Further, an email from ACHD (Exhibit A.4) states they will not accept Davis Lane as a public street. Therefore public street frontage is not available to provide public street access to the two proposed lots. • The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter IV, Goal I, Objective A, Action Item 6 -Permit new... residential development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Although the subject site is contiguous with the city limits, sanitary sewer and water are not available to this site. City Services are quite a distance from the subject parcel; approximately 1,280 feet. The applicant wishes to continue to use the existing well and septic system for the current home and establish a new well and septic system for the future home site. The note on the proposed plat indicates city services will be extended when available. However, the submitted plat does not show the utility profile for the extension of city services once they are available to the site. The applicant should coordinate with Public Works to determine the requirements for the extension of city services. Since city services are not readily available and the applicant has indicated that they would not extend the services, staff believes the subject property should not be annexed until such time as services are available or the applicant provides urban services. Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 4 • Chapter VII, Goal IV, Objective C, Action Item 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is proposing 0.64 acres (or 11.01 % of the preliminary plat) as open space. • Chapter VII, Goal I, Objective D, Action Item 1 -Permit low-density (one unit per 5-10 acres) residential uses where city services are not available. When city services are unavailable, the Comprehensive Plan encourages low density residential at densities of one unit per 5 acres. A note on the proposed plat indicates city services are not available and the proposed lots sizes are 2.1 acres and 3.05 acres. Based on the proposed lots sizes, stafffinds the proposed plat is not consistent with the density requirements of the Comprehensive Plan since city services are unavailable. • Chapter VI, Goal II, Objective A, Action Item 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The Comprehensive Plan encourages vehicular connectivity between planned and existing subdivisions. Currently, the property takes access from a private lane. ACHD is not willing to accept Davis Lane as a public street. Staff has concerns with adding an additional home that will take access from a private street that connects to a major arterial. Approving this request may lead to additional requests to subdivide similarly situated properties on Davis Lane. Staff is of the opinion that development of this property is premature given the fact that no other development is planned in the general vicinity of this property to efficiently develop an internal street network. Thus, staff believes the site cannot develop in a manner consistent with the Comprehensive Plan. 8. ZONING ORDINANCE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the R-2 zoning district. b. Purpose Statement of Zone: The applicant is requesting an R-2 zoning district for the property. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements of the R-2 zone established in the UDC. No dimensional modifications are being requested for the proposed development. d. Landscaping: 1. Percentage of site as open space: UDC 11-3G-3C requires 10% open space. The plan indicates the amount of open space provided is 0.645 acres (11.01 %). 2. Width of street buffer(s): A 25-foot wide landscape buffer is required along S. Ten Mile Road. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION The request is to annex and zone 5.94 acres from the R1 zoning district in Ada County to the R-2 zoning district in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map for Low Density Residential, which is consistent with the proposed R-2 district. Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 5 Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. At this time staff feels the subject site should not be approved for annexation and therefore has not provided any recommended development agreement provisions. 2. PRELIMINARY PLAT The applicant is requesting Preliminary Plat approval of 2single-family residential building lots and 2 common lots on 5.80 acres in the proposed R-2 zoning district. Lots sizes for the proposed plat range from 2.10 acres to 3.05 acres. Currently, the site is developed with an existing single family home and detached accessory building (Lot 2, Block 1). The other buildable lot is proposed to develop with a single family residence. Staff has reviewed the proposed preliminary plat and found that the dimensional standards proposed substantially comply with the Unified Development Code. The purpose statement of the Residential Districts states that connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Further, UDC 11-3A-21 requires all development connect to Meridian water and sewer systems. At this time, services are not readily available to the property. The applicant is seeking a waiver from the City Engineer to allow the existing and future residences to utilize wells and septic systems until city services are available to the site. Public Works has conditioned the connection of city services within 6-months of services being made available to the subject property. However, these services are developer driven and approximately 1,280 feet away and may not be extended for quite some time. Typically, city services are extended to the site upon annexation and with the approval of a plat at the developer's expense. Staff concurs with the applicant that city services are quite a distance from the property. Since city services are not readily available to the site, staff is recommending denial of the proposed plat. Access: The existing and proposed properties take access from Davis Lane (private street) which connects to S. Ten Mile Road (arterial street). Currently, ACHD is negotiating with the applicant to purchase right- of-way for the expansion of Ten Mile Road. The proposed plat depicts the additional right-of--way prescribed by ACRD. The applicant has provided an exhibit of the reconstructed Davis Lane and S. Ten Mile intersection (Exhibit A.5). Staff has concerns with the close proximity of the existing driveway with the intersection as it nearly fronts on S. Ten Mile Road. Staff believes the driveway should be off-set from the intersection to provide safer ingress/egress to the existing residence. The applicant should coordinate with ACHD on how to facilitate the realignment of the driveway to address this concern. It is important to note that the reconstruction of the intersection will happen whether or not the property is annexed and platted. UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes access from an arterial or collector street. In order for the local street access to be provided the applicant would have to dedicate the portion of Davis Lane that abuts the east side of the property. ACHD has informed the applicant they are not willing to approve Davis Lane as a public street. Thus, the applicant is unable to provide local street access at this time. Further, single family homes are not intended to access from private streets (UDC 11-3F-1). Approving this request may lead to additional requests to subdivide similarly situated properties on Davis Lane. Based on the lack of the public street frontage and the likelihood ACHD would not take ownership, staff is of the opinion that applicant needs to reconstruct a portion of Davis Lane as a public street or other properties need to develop around the subject property to adequately develop an internal public street system consistent with the Comprehensive Plan and the UDC. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The UDC requires a 25-foot wide landscape buffer adjacent to Ten Mile Road; designated an arterial roadway. In Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 6 addition, all landscape buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover. Staff has reviewed the submitted landscape plan and finds the landscape plan submitted substantially complies with the UDC. Common Open Space: The property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 10 percent of common open space for the single family developments of five (5) acres or more. The plat shows two common lots totaling 0.645 acres (11.1%) proposed as open space. The proposed open space complies with the open space standards of the UDC. Staff has included additional analysis below that discusses the possibility of using the service canal as a waterway amenity. Ditches, Laterals, and Canals: UDC 11-3A-6 requires all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided be covered. The Ridenbaugh Canal transverses the eastern and western boundary of the proposed plat. The applicant is seeking Council waiver not to the the canal. Based on the size of the facility, staff believes the canal should remain open. In addition, a smaller service ditch bisects the middle of the proposed plat which the applicant is proposing to remain open. Staff believes the proposed ditch could be improved as an amenity for the proposed subdivision. If the proposed plat is approved, staff is recommending the landscape plan be revised to depict how the open service ditch could be incorporated as amenity within Lot 3, Block 1. Northwest Pipeline: A 415-foot long section of the Northwest Pipeline bisects this site between both buildable lots. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The proposed plat depicts a 75-foot wide easement for use by the pipeline company. The easement is proposed to be an open landscaped area with landscape material and one vehicular crossing for access to proposed Lot 4, Block 1. The City has been informed that the Northwest Pipeline Company has a development handbook that defines the requirements for improvements within the 75-foot easement. In summary, the site is unable to develop in a manner consistent with the Comprehensive Plan and the Unified Development Code due to the lack of urban services and the inability to provide public street access. Therefore, Staff is not supportive of the Applicant's proposal to annex and plat this site. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Landscape Plan 4. Letter from ACHD regarding Access to the Property 5. Reconstructed Davis Lane and S. Ten Mile Road Intersection B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 7 A. Drawings 1. Vicinity Map Exhibit A _ ~ _ 2. Preliminary Plat ~i ~ 1~ , . ~ ~~ , ~ \ ` ' ' ' `' ' ` i ~ t N I . spa ` , ,` , i 1 ' ~ ~i ~ a~~,, , t, A ~ ~, , ~ s....... '. ` ~ ~ ~ ~ l 1 r. ` ~ , `\~~ ~ ~ 5 ~ ~ ` ~ ~ \ ~Q` ~ 1mY 1 4~~ _ i I ~ / ~ ~"'~~ •wu~ '~ ~ I r ~ ~ e ~ M S ` ~ ~ r ^ "NQ~SiIiRflA~llSi~ w s • r * a.~~w~~.~.r~.~..r.~r ~ at~wi ~ '~ ~~3~~ • ~ s ~..r " ' ~ • ~yfiHg6i0 i. ~s l ~~~~~~fA~Y1 ~Y! 1 M t PRE Exhibit A - 2 - 3. Landscape plan ------------------~~- ------------------=...... ~I ---- ~ ~, ; I r ~ 1 iiiI`y~; ''~ 1 ~h ~~~~~~ ~ I .~ ' ~t'~'I~11'~t1\1`t~~~~~\{A I I err ~ , .~~ ~~ ~,l ~~~ \ \ I I ~~1 ~ I ` y~y y~ j!~~j~ .,\. \ I ~I ~ Ai ~~ `~ A ~~ A ' ~'' ~ 4Z~a1, (j ~y /'i ~ l as ~~ f f ~ ~ ~ ~ ~ \ \ Y r f i ~ ,~ ~'^' LANDSCAPE PLAN ~ sour r.so•-o• °~ r :.... ..... uwn..a~sws,ar , . rawn.a rover L1.0 rcwr~ ..rr~. Exhibit A - 3 - 4. Letter from ACRD regarding Access to the Property Becky McKay From: Mindy Wallace [Mwallace~achdidaho.org] Sant: Thursday, May 27, 2010 3:39 PM To: 'Becky McKay' 8ubjact: Davis Lane Attachmarns: image001.gN Becky, After meeting with you on Tuesday I had a chance to talk to Gary about the proposed Hunemiller Subdivision, in particular Davis Lane. ACRD would not accept Davis Lane as a public street. As it is today in would not meet ACHD standards and even if it was rebuilt we would still not accept the roadway. It would not serve a public benefit since it would not be extended or stubbed to an adjacent property in the future due to the Ridenbaugh Canal wrapping around the existing subdivision access by Davis Lane. Please let me know if you need any additional information or have any questions. Thanks, MGvldy WaLta.ce. Planning Review Supervisor Right of Way and Development Services Ada County Highway District 3775 Adams Garden City, ID 83614 (208) 387-6178 Fax (208) 387-6393 ~~~ Exhibit A - 4 - 5. Reconstructed Davis Lane and S. Ten Mile Road Intersection N O T E S 71L r an • wur, bm 777.1.IA6 O1 QnneN !Mall! - /111eleleee P, Ban 701LI11A O7 Paaaa6N1 Banp e/OalaeYW alaeay OaMU Bea fi7.A1.M.1 ~{ Cebu baYl. lyie I. Ilw 70LAI.i.i © bowl d OaeYllaBar, 7aln 101.AI.61 O bbmla Ied1/Ja lpl. Boll 1-111!1 O7 M' 9larln OM Ce0e11 laaeiela, Ilrn 77l.Ai.EI O fr saalll 71x1 aq., >oe $ vac, Tan aDl.{./ASJ 1® tY Venn dew! Pye, 1011 $ WC, Ban bl.{.IASA 11 Aglrll OaIIeIR 1 1/1' AC t P iawL am 11-0170 t® below ael 7alew b Owr, IIMIbnM b 11a11 771.4,1.61 t® CanaleY 0'~7 N/w'an Ban 7B6{./.i.i 1® heaaM 71saY bYlnq K 7aln 1-7711] ® eaM 2 81~d Cenaq, ~ Y. Srn 11a7.A.1.G1 ® bnaw ani heal Ilea7a4 bin !-!0077 ~Maa" BMeY, ladreera, 11n1 ]77.{.1A7 ® lent, 1~'/ewe Mre e7h W1o1 lreb, agile 7710.4.IA1 ® 11MOn 1.114 0ae7ee { W B9 9!l 7a'9. M-1, Ilwn SP-07008 ® CmeMllrt tawpavy lallee, Ball >~-700N 3® 748T ~IUnaBU1 7w for yA'a CanaA, 04n 1167.A1J.1 ® 9401 ,Alllallon Bee leer Li~rea b117ialt Inn f 107.A1J.l ® /r-ban Yelel OIMa1 ! lye 1 T~II~y, Nwl TP-2D171 ®Ma Ca717 ilw BerYq • JwMq, N' Ob. Ilan 706A1 AI ® p1ab1 P al Y CYan lanaaea7a AyMab, b111 1P-10071 ® UyMYp Ca1171aC She Y, bel IlOB.4.I.L1 ~~. ~ ~ ~ e ILE ROAD (Lamont Rd. to I-$4) ~ I( TDI~r6'7~( iB62aw7 0 .la. 21N1I K 1/i' '-~s~--~ i1n 7saa Sheet 6 Of 13 Exhibit A - 5 - B. Conditions of Approval )l. PLANNING DEPARTMENT imrrr. Dr A ATATrATn TL~n A nTl~.r L~ATT rC n~/'~Al~.rl~,rL`ATTiATl~ TL`ATr A r AL' Turc orTU r~nT A nnr rn A Tr~[ATr Trrr TC AT![ !~/IATTrmr/-ATC ~[r. A nnni[[T A r • nr nni[ni[CrT C A wRr ri[n A r r nmrrr, n TTn A nT1~.iL'ATTC Tr n/11~.r1~,rrCCr/[AT nrn/11~.i1~.irAmC A nnn Al/ A r Trit AT lilt` !` A AT rAT/"~r rTT r' • r r T LrrC rAT T[IL~ T[ATTiAT/~C 1.1 ANNEXATION 1.1.1 The le al description for the proposed annexation submitted with the application (prepared on Jul 26 2010. by D. Terry Peugh. PLS) shows the propertv as contiguous to the existing coroorate boundary of the Citv of Meridian. The Public Works Department has confirmed that the submitted le al description meets the reauirements of the Citv of Meridian and should meet the reauirements of the Idaho State Tax Commission. 1.1.2 A Development Agreement (DAl is required as part of the annexation of this propertv. Prior to the annexation ordinance a royal. a DA shall be executed between the Citv of Meridian. the propertv owner(sl at the time of annexation ordinance adoption. and the developer. The Applicant shall contact the City Attorney's Office. 898-5506. to initiate this process. Said DA shall be si ned b the propertv owner and returned to the Citv within one year of the city granting the annexation. Currently. a fee of $303.00 shall be paid by the applicant to the Citv Attorney's office prior to commencement of the DA. The DA shall. at minimum. incoroorate the following provisions: a. When _Cit sewer_ and/or water connections are within three hundred feet (300') of Owner/Developer's property line. Owner/Developer shall _connect _to the Citv sewer and/or water systems.. within six months of services becoming available. Owner/Developer may continue to maintain and use the existi~ rivate water well and septic system for the existing residence. on Lot 2. Block 1 a_n_d._establish a new_ private well and septic_svstem for the ne_w_ _residence planned for Lot 4. Block 1, so lon~_as _such__maintenance and use is lawful and permitted b~ the appro~riate_gOV_ernmental agencies. Any and all occupiable buildings. located upon the Property. whether such buildings are residential, commercial, or any other classification. the Citv _shall__provide sewer and/or water services to such buildings. Owner/Developer shall be responsible for any and all_costs of connecting sewer and/or water service. includin~_without limitation, assessment fees, water meter installation and activation fees. and inspection costs. b__ Upon connection and provision of Citv services to the__Pro~ert~. Owner/Developer shall disconnect and discontinue the use o_f_any and all_se~tic systems private water wells and/or other sewer or water sources other than the Citv sewer and water systems. Upon connection to Ci sewer. and/or water services_at Proper ~ Owner/Developer shall abide b~.and comply_ with an~and_ all applicable provisions _ of _law regarding` same. which shall specifically include. but shall not_be_ limited to. compliance with Chapter 3. Title 9. _Meridian Ci _Code and/or any and all_si_milar ordinances subsecfuently adopted. which prohibit the installation and/or__maintenance __of a .cross-connection to the City's water s~emContact Central_District Health for abandonment_proeedures and inspections (208 -- - - - - --- 375-5211._ The applicant will also _be_ responsible _to contact the Citv of Meridian Public Works Department at_(20.8~__898-5500 for inspections of disconnection of services. Wells -- - - - - -- maybe used for non-domestic~ur~oses_ such as._landscane irrigation if approved by Idaho Department of Water Resources: contact Robert B._Whitney at (208)334-2190. c. Owner/Dev__eloner shall record a final lat riot to the issuance_of a building_~ermit. Exhibit B - 1 - d. All future development of the subiect nropertv shall comply with City of Meridian ordinances in effect at the time of development. e. All development on this site shall comply with the Northwest Pipeline Development Guidelines. An encroachment permit is reauired for any improvements proposed within the pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City with a future final plat application. £ No more than two (21 single family homes shall be constructed on the site. Further subdivision in the future. other than the two lots approved with the Barletta Subdivision. shall be done in accordance with the Unified Development Code (UDCI including the extension of water, sewer and a public street system. ~ The service ditch is to remain open with the provision it is to be a water feature for the puroose of irrigating the property. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled PRE. prepared by Engineering Solutions, dated 07/22/10, is a proved. with the conditions listed herein: • The existing driveway should be off-set from the intersection to provide safer ingress/egress to the existing residence. Coordinate with ACHD on how to facilitate the realignment of the driveway. • All lots must conform to the dimensional standards of the R-2 zoning district in accord with UDC 11-2A-3 and UDC 11-2A-4. 1.2.2 The landscape plan prepared by South Landscape Architecture. dated 07/21/2010. is approved with the following modifications/notes: • Construct the street buffer along S. Ten Mile Road as proposed. • Provide 0.645 acres of common open space as proposed. The landscape plan shall be revised to incoroorate the service ditch as water feature within Lot 3. Block 1 for the puroose of irrigating the property. 1.2.3 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencin is not provided before issuance of a building permit. temporary construction fencing to contain debris must be installed around the perimeter. Perimeter. common open space. and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.4 Maintenance of all common areas shall be the responsibility of the Barletta Subdivision Home Owners' Association. Add a note to the plat stating as such. 1.2.5 Per UDC 11-3A-6 all irrigation ditches. laterals or canals. but exclusive of any natural waterway excluding the Ridenbaugh Canal). that intersect. cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irri~ation/drainage district. or lateral users association (ditch owners). with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained alternate laps will be reviewed and approved by the Citv Engineer See Condition 1.2.2, bullet #2 for the requirement for the service ditch. 1.2.6 The City of Meridian reauires that pressurized irrigation systems be supplied by a year-round s urce of water. The applicant should be reauired to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be reauired. An underground. pressurized irrigation system should be Exhibit B - 2 - installed to all landscape areas per the approved specifications and in accordance with UDC 11- 3A-15 and MCC 9-1-28. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 A detailed landscape plan. in compliance with the landscape and subdivision ordinance and as noted in this report. shall be submitted for the subdivision with the final plat application(sl. 1.3.2 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. .1.3.3 Preliminar lat a _ royal shall be sub~ect_to the exPiration~rovisions_set forth in UDC 11-6B- 7. _ _ 1.3.4 All future development of the subiect property shall comply with Citv of Meridian ordinances in effect at the time of development. 1.3.5 The property shall be subdividing in accord with the UDC prior to issuance of a buildine Hermit. 2. PUBLIC WORKS DEPARTMENT 2.1 Sewer mains are currently installed in W. Overland Road and S. Ten Mile Road approximately 1280 feet from the subject property. 2.2 Water mains are currently installed in W. Overland Road and S. Ten Mile Road approximately 1280 feet from the subject property. 2.3 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, asingle-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 any common areas prior to signature on the final plat by the City Engineer. 2.4 Within six months of City services becoming available the applicant shall be required to connect to both city sewer and water. All cost associated with the connection to city services shall be the responsibility of the owner/developer. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times; 2) Streets less than 35-feet in width shall have no parking; and 3) Streets less than 39-feet in width shall have parking only on one side. These measurements shall be based on the back of curb dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B - 3 - 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no comments related to the application. 6. SANITARY SERVICES DEPARTMENT 6.1.1 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. SSC will not provide trash pick-up services from the collector or arterial street. 7. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 7.1 Dedicate 56-feet of right-of-wav from the centerline of S. Ten Mile Road abutting the parcel The right-of--wav purchase and sale agreement and deed must be completed and signed by the a plicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit or other reauired permits whichever occurs first. Allow up to 30 business days to process the right-of--wav dedication after receipt of all requested material The District will purchase the right-of--wav which is in addition to existing right-of--wav from available Corridor Preservation Funds. 7.2 Provide the District with a road trust in the amount of $2,100.00 for the future construction of a 5- foot wide concrete sidewalk. Sidewalk is to be built in coniunction with the S. Ten Mile Road street widening proiect. 7.3 Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1 Anv existing irrigation facilities shall be relocated outside of the right-of--wav. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--wav. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb._gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbersl for details. 7.2.6 In accordance with District olicv. 7203.6. the applicant maybe reauired to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADAI requirements. The applicant's engineer should provide documen_t_ation of ADA compliance to District Development Review staff for review. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual. ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B - 4 - 7.2.8 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-wav or easement areas. 7.2.9 Construction, use and property development shall be in conformance with all applicable reauirements of ACHD prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--wav. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--wav. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filledl _a_ _r_e compromised durin any phase of construction. 7.2.11 No chance in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Hiehwav District. The burden shall be upon the applicant to obtain written confirmation of any chance from the Ada County Hiehwav District. 7.2.12 If the site plan or use change in the future. ACHD Planning Review will review the site plan and may reauire additional improvements to the transportation system at that time. Anv change in the planned use of the property which is the subiect of this application. shall reauire the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at the time unless a waiver/variance of the reauirements or other legal relief is granted by the ACHD Commission. Exhibit B - 5 - C. Legal Description and Exhibit Map N W~ DTI' Str>~v~iyG, LLC ~~ '~ Profcaiona! Lava Suneyo- auto ~• July 26, 2010 Description for Annettatloa Barletta 5nbdlvbion A parcel of land located in the NE'/. of the NE'/. of Section 22> T.3N;, Rl H.M., Ada County, Idaho, being )'arcel 2 as shown on ltetwrd of Survey No. 4605, records of Ada County, Idaho, mane particularly described as follows: Co at the comer common to Sections 14, 15, 22 and 23, T.3N., R1W., B.M., from whicti N 1/16 comer of said Section 14 beats South 00°56' 13" West, 1314.75 foot; thence al the east line of said NE Y. of the NE'/• South 00°56' 13" West, 670.90 feat w f po' on the centerline of the lZidenbaugh Canal being the REAL POIlVT OF BEGl~f1VIN along said east line South 00°56' 13" West, 79.86 freer Thence North 89°12'15" West, 1002.68 feet to a poi on a curve on the centerline of the Ridenbaugh Canal; Thence along said centerline: Thence 50.83 feet along the arc of anon-tangent curve to the heft, ~ curve having a radius of 80.00 feet, a delta angle of 36°24'12", and a bong bearing North Ol°45'30" East, 49.98 feet to a point of tangatcy; Thence North 16°26'36" West, 122.06 feet; Thence North 06°37' S4" West, 99.35 feet; Thrace leaving said centerline South 89°12' 15"East, 944.58 feet to a poi ¢n the centerline of the Ridenbavgh Canal; Thence along said centerline: Thence South 14°28'06" East, 124.56 feet; Thence South 47°46'06" East, 98.28 feet to Containing 5.94 acres, more or less. REVD ~1~MPPROVAL ~ ~ ~, ~ '~ BY // ,,,,7-s(rle AUG 31 2010 MERIDIAN PUBLIC WORKS DEPT. Exhibit C 11W-1[N Gotl +J aNrNn poq waN axla '111Nm rov a L1N[N W/INI 'IMOIN3N ONI 31114 "NL4 ONNSOY 'N $L01 XN 'M 1 3'WW 'N [ /61MIN1 ZL Mp194 Afll 3N 3Nl M 03IY001 8 e ~ a s ~ ~ "'SN~~107~ NOI1b~C3Nrroul~ N~/Iala3W = s '~ _ 9N/B~~N/9N~ NOI$IAIQSl18 VJ„L~'IgV$ ~ ~ ~ ~ ~; ~a ~,~ 1 ~i 1 ~I ~~ ~, al I e ~ o m~ a N ~w o ' cis Q Y ~~ `W Q W 3 ~ ~ } m Exhibit C - 2 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to the R-2 zoning district. The proposed zoning district is consistent with the Comprehensive Plan if city services are provided in accord with the provisions of the development aereement. a°f;.,°~ 1,,.,..1°„~:+., ,- ~;.1°,.•:.,1 +„ .,11,.,,. •l,° ,]°.,°1,,.,...°,.~ „F ~:.,,~1° F .,,:1,. L.,.,..,°., ,... 1,,.-..° Therefore, the Council finds that the proposed development lees-met complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that proposed Preliminary Plat ~ complies with the established regulations and purpose statement of the R-2 zoning district. T''° ~~•~~°° °*~*°-~°„* ~*~*°~ ~°~~a°~'~~' a~°+..:,.•.,. The applicant is proposing to use wells and septic systems to service the site until city services are within 300 feet of the property boundary. Thus, the Council finds that the proposed map amendment Bees-ue~complies with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment is not detrimental to the public health, safety, or welfare. City services will be expanded to the site once services become available and the existins? private street provides adequate access for the two lot subdivision. Anv further subdivision of the land will rea_uire the extension of city services and the extension of a public street. .,L.;°..+.. ..°.-t....,...1 *1.° „ ° ~ +L..,r A!'~L7Tl L..,~ ,.,. ,]°~:.-° +,.., °,.r El,° °.,~°....:,.,., o~ ;~~~ ~=~J~r~~s.~~~m. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council Ends that the praposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site ~ ° ° ° ° ,.. „ .,:,..,.,° ~°,,.,,,~° ,.rf>,° :..,.1.:1:.,, .,. ~ ,:a° ~„-.1:.. ~+..°°. icE6@~~-+1 ~vina-~vi-divca~°cvcn~rnixcir~~rcrn. Eicc-uc-croscmzvvonrnccTV`r'icn ma-Qn~ Future residences will be served by city services once they become available and extended at the developer's expense Exhibit D E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The overall density proposed in the R-2 district generally complies with the anticipated density for this area (see Section 7 of the staff report for more information). ~:~e ~le~ic-a~~n~si~-the r'•~nat~--ate n~ t;~e~ Therefore the Council finds that Annexation and Zonine of this property to R-2 is in the best interest of the Citv with the inclusion of a development agreement. 2. Preliminary Plat Findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed preliminary plat ~~ ~°' ~~ ~••'~~'~-•+~~' °°m~'~~~°° complies with the adopted Comprehensive Plan if ci services are provided in accord with the provisions of the development agreement. a..°'° +''°'~°'~ °°••-'~~~ ~°--•~°°° -ra ----- - ' ies-and Qe~eetie~'' ~a ^~°'.~is~est~e~r9-a~thc~taf~e~ B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are not readily available to accommodate the preliminary plat proposed for development however. timing for the extension of city services has been agreed upon by the owner and the City. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Currently, City Services are approximately 1,280 feet from the subject property and are not readily available. The applicant states the properties will connect to city services when they are available as outlined in the development agreement provisions. However, the extension of urban services is predicated upon other properties developing in the area. Thus, the Council fmds the proposed plat is not in conformance with any scheduled public improvements. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Northwest Pipeline bisects this site between both buildable lots. The easement is proposed to be an open landscaped area and one vehicular crossing for access to proposed Lot 4, Block 1. If the applicant follows the recommended practices of the Northwest Pipeline Company, the Council believes there no additianal health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to Exhibit D - 2 - determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D - 3 -