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Staff ReportChanges to Agenda: • Item #41: Sign code text amendment (ZOA-12-003) -Request for continuance to December 20~n Item #4C, D: Locust Grove Water Reservoir #2 (AZ-12-013; CUP-12-017) Application(s): - Annexation & Zoning - Conditional Use Permit (CUP) Size of property, existing zoning, and location: This site consists of 4 acres, is currently zoned RUT in Ada County, and is located on the east side of S. Locust Grove Road, approximately'/4 mile south of Victory. Adjacent Land Use & Zoning: North: Vacant property (application is currently in process to rezone to R-8 and plat the property for single-family residential uses), zoned RUT in Ada County East: Single-family residences in Tuscany Lakes Subdivision, zoned R-4 South: Rural residential property, zoned RUT in Ada County West: Vacant land, zoned RUT in Ada County; and single-family residences in Tuscany Village Subdivision, zoned R-8 History: None Summary of Request: The City proposes to annex the subject 4 acre parcel with an R-4 zoning designation, consistent with the Comp Plan map designation of MDR. The site is proposed to develop with a water reservoir which is classified in the UDC as public infrastructure and requires CUP approval in the R-4 district. The proposed infrastructure consists of an above ground water reservoir and associated equipment storage building. The reservoir consists of a circular tank, 20' in height and 145' in diameter with a 2 million gallon storage capacity. The equipment storage building consists of approximately 3,360 square feet and will house a series of pumps, fans and equipment necessary for the operation of the reservoir. Aback-up emergency generator will be located between the structure and the reservoir and will run an average of 15 minutes per week as part of its maintenance program. In the event of a power outage, the generator will provide power for the operation of the facility. Access to the site will be provided from the north via Tradewinds Subdivision, currently in the approval process. If this site develops prior to the adjacent subdivision, temporary access will be provided via Locust Grove. Once access is available from the north, the temporary access will cease and be removed. A 25' wide buffer is required along Victory and a berm with dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs is proposed around the water tank to visually buffer the proposed facility from adjacent residential property. All landscaping is required to be maintained in a healthy, growing condition at all times. The Ten Mile Creek runs along the southern boundary of the site and will remain open as it is a natural waterway. A 10' wide multi-use pathway is designated on the Master Pathways Plan on this site along the north side of the creek. There is an approximate 160' long gap between the existing pathway in Tuscany Lakes Sub and the southeast boundary of this site. For this reason, Staff recommends construction of the pathway on this site be delayed until the City is able to obtain an easement on the adjacent property for the extension of the pathway. Although the pathway will be constructed at a later date, staff recommends an easement for the pathway on this site be submitted to the City, approved by Council and recorded prior to issuance of the CZC. The applicant has worked extensively with surrounding neighbors on the location of the reservoir, equipment structure, placement of landscape berms, trees, shrubs, and fencing to provide the maximum buffer between the residents and the facility. Comprehensive Plan DesignationlCompliance w/Comp Plan? Medium Density Residential -Yes Compliance with UDC? Yes Written Testimony: Shawn Nickel (in agreement w/staff report) Staff Recommendation: Approval Notes: STAFF REPORT HEARING DATE: December 6, 2012 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner 208-884=5533 E IDIAN~-~- IDAHO SUBJECT: AZ-12-013; CUP-12-017 -Locust Grove Water Reservoir #2 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, City of Meridian Public Works Department, has submitted an application for annexation and zoning (AZ) of 4 acres of land with an R-4 zoning district. Concurrently, a conditional use permit (CUP) is requested for public infrastructure in a proposed R-4 zoning district. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ & CUP applications ,based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Numbers AZ-12-013 and CUP-12-017 as presented in the staff report for the hearing date of December 6, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Numbers AZ-12-013 and CUP-12-017 as presented in the staff report for the hearing date of December 6, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ-12-013 and CUP-12-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Locust Grove Road, approximately'/4 mile south of E. Victory Road, in the NW '/4 of Section 29, Township 3 North, Range 1 East. B. Owner(s): City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: City of Meridian Public Works Department 33 E. Broadway Avenue Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 1 Meridian, ID 83642 D. Representative: Shawn Nickel, SLN Planning 1589 N. Estancia Place Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 19, and December 3, 2012 C. Radius notices mailed to properties within 300 feet on: November 8, 2012 D. Applicant posted notice on site by: November 21, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant land zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant property (application is currently in process to rezone to R-8 and plat the property for single-family residential uses), zoned RUT in Ada County 2. East: Single-family residences in Tuscany Lakes Subdivision, zoned R-4 3. South: Rural residential property, zoned RUT in Ada County 4. West: Vacant land, zoned RUT in Ada County; and single-family residences in Tuscany Village Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: The City of Meridian currently owns and maintains a 12-inch diameter water main directly adjacent to the project site in S. Locust Grove Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Ten Mile Creek runs along the southern boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within a floodway but is within a floodplain in flood zone "AE". VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 2 Land Use Map. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. This site is proposed to develop with public infrastructure consisting of a 2 million gallon municipal water storage facility. The UDC (Table 11-2A-2) requires conditional use approval of public infrastructure in an R-4 zoning district. While the proposed use is not a residential use as anticipated in MDR designated areas, the proposed water reservoir does provide a needed service for area residents. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (3.06.O1G) The proposed landscape plan depicts a berm with a mix of deciduous and evergreen trees around the perimeter of the water tank resulting in a dense screen/buffer. • "Expand, improve, and maintain the City's infrastructure to meet existing and growing demands in a timely, orderly, and logical manner." (3.04.00) The proposed water reservoir serves as an expansion to the City's existing water service and will assist in meeting the existing and growing demands of area residents. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) A section of the City's multi-use pathway is designated on the Master Pathways Plan along the north side of the Ten Mile Creek on this site. Therefore, a 10 foot wide pathway is required to be constructed in the location shown on the landscape plan upon the acquisition of a pathway easement on the property at the southeast corner of the site. • "Improve and protect creeks (Five Mile, Eight Mile, Nin Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (S.O1.OlE) The site plan depicts a temporary silt fence along the east and south boundaries of the site to keep sediment in place during the construction process and protect the water quality of the Ten Mile Creek as required by the Environment Protection Agency (EPA). The creek is proposed to be improved as an amenity with native grass and a pedestrian pathway. "Identify waterways, wetlands, and other natural resources for preservation." (S.O1.OlA & 5.09.01 B) The site plan depicts a wetland boundary and future wetlands impact zone along the north side of the Ten Mile Creek on the site. This area is required to be preserved and protected. • "Assess and provide new water sources." (5.08.02B) The proposed pump station and water reservoir will provide a much needed water source in this area of the City for existing and future residents. "Limit canal tiling and piping of ditches, creeks, and drains, where public safety issues are not of concern." (S.O1.O1D) Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 3 In accord with UDC 11-3A-6, the Ten Mile Creek which lies along the south boundary of the site is a natural waterway and is required to remain as a natural amenity and should not be piped or otherwise covered. The irrigation ditch along the east boundary of the site is also proposed to remain open as a water amenity with native grasses planted along its bank. Staff does not feel there is a public safety concern with leaving the ditch open as the area is fenced off from the adjacent residential subdivision and the ditch is only about a foot deep and is a tail water ditch so the volume of water is very little. For the reasons stated above, staff is of the opinion that the proposed applications are consistent with the MDR designation and is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for public infrastructure is a conditional use in the R-4 zoning district. There are no specific use standards that apply to the proposed use. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): This site is comprised of 4 acres of land zoned RUT in Ada County. The applicant proposes to annex the property with an R-4 zoning district consistent with the Comprehensive Plan Future Land Use Map designation of MDR. The City proposes to develop the site with a water reservoir. This use is classified in the UDC as public infrastructure and requires conditional use approval in the R-4 zoning district. A site plan has been submitted that shows how the site is proposed to develop (see Exhibit A). CONDITIONAL USE PERMIT (CUP): The UDC (Table 11-2A-2) requires conditional use approval of public infrastructure in an R-4 zoning district. The proposed public infrastructure consists of an above ground water reservoir and an associated equipment storage building. The water reservoir consists of a circular tank, 20 feet in height and 145 feet in diameter with a 2 million gallon storage capacity. The proposed height of the tank is much lower than the maximum building height allowed in the R-4 district of 35-feet. The equipment storage building consisting of approximately 3,360 square feet and will house a series of pumps, fans and equipment necessary for the operation of the reservoir. Aback-up emergency generator will be located between the structure and the reservoir and will run an average of 15 minutes per week as part of Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 4 its maintenance program. In the event of a power outage, the generator will provide power for the operation of the facility. The applicant has worked extensively with surrounding neighbors on the location of the reservoir, equipment structure, placement of landscape berms, trees, shrubs, and fencing to provide the maximum buffer between the residents and the facility. Access: Access to the site is shown on the proposed site plan via S. Locust Grove Road. However, with development of the adjoining property to the north, Tradewinds Subdivision, a cross-access/ingress/egress easement is required to be provided to the subject property. Therefore, the site will not have direct access via Locust Grove Road unless development of this site occurs prior to Tradewinds Subdivision in which case temporary access will be taken via Locust Grove Road. The temporary access would cease once access is available from the adjoining property to the north. The permanent access via Tradewinds Subdivision will be paved. Landscaping: A 25-foot wide street buffer is required to be provided along E. Victory Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. A berm with dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs is proposed around the water tank to visually buffer the proposed facility and to be consistent with adjacent residences. At the closest point, the proposed water tank is approximately 100-feet away from the closest residential property. All landscaping on the site should be maintained in a healthy, growing condition at all times in accord with UDC 11-3B-13. Sidewalks: A minimum 5-foot. wide detached .sidewalk is required to be constructed along S. Locust Grove Road in accord with UDC 11-3A-17 as shown on the site plan. Multi-Use Pathway: The City's Master Pathways Plan designates a 10-foot wide multi-use pathway (Ten Mile pathway) on this site along the northeast side of Ten Mile Creek. At this time, there is an approximate 160-foot long gap between the existing multi-use pathway in Tuscany Lakes Subdivision and the southeast boundary of this site. For this reason, Staff recommends that construction of the pathway on this site be delayed until the City is able to obtain an easement for the extension of the pathway on the adjacent property. The future pathway shall be constructed on the site in accord with the standards listed in UDC 11- 3A-8 and UDC 11-3B-12. Waterways: The Ten Mile Creek runs along the southern boundary and an irrigation ditch runs along the east boundary of the site. Because the Ten Mile Creek is a natural waterway, it should remain open as a natural amenity and shall not be piped. The irrigation ditch is also proposed to remain open and be improved as a water amenity. As a water amenity, the bank of the ditch shall be no steeper than 1 foot vertical per every 4 feet horizontally; and has a depth and velocity in all places adjacent to and located on the site such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed 4, per UDC 11-1A-1. Fencing: A 6-foot tall wrought iron fence is depicted on the site plan around the perimeter of the site inside the two waterways for security purposes. A temporary silt fence is depicted on the site plan along the east and south perimeter boundaries to keep sediment in place during the construction process and protect the water quality of the Ten Mile Creek as required by the Environment Protection Agency (EPA). All fencing constructed on the site shall comply with the standards listed in UDC 11-3A-7. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application prior to issuance of building permits. The Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 5 layout of the site and design of the structure shall be generally consistent with the site plan and building elevations submitted with this application and shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends approval of the proposed AZ and CUP applications with the comments and conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: 10/23/12) 3. Landscape Plan (dated: 10/23/12) 4. Ground Reservoir #2 & Booster Pump Station Proposed Sections B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 6 Exhibit A.1: Vicinity Map Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 7 Exhibit A.2: Site Plan (dated: 10/23/12) fiafiNAN ip~~ rpm. + i ~ 1 T, It wr :E~FM+£ 9L4W.wSE.. N.~~ .. _...-.~... ~ W RSan lWN Wi.M ]4f0.04 ~ MYL.Ita Mfl~ u xM > r n. '~.- .~... ~. •n ~~eerc"~w' ~ ~ f aeust fw•shlW < ,r w•e w:,m rrre+xn ~ F .~ ~F~, ,~.~. ., . v,.-.. a ~- - .~> .,:~ , ».,, ' i ~ M ~ ~}. r tWIW I1I1 yA MM.. ~w.i m `~ tM r., _ a WEi M~L'~A~6 ~~~JYf^F- ~ a` 3~~~,~ .." +~...:..u,~. ~ ,~., tit ~~ieu- ~ J 1 Q w: i No-.~.~..c.~~~~ r:; sge~e uwosw»-- ~ J\ ac. w.ow+a~• ~_ <w w.a r.roxinrc* ;__. ~ ~ _~ / .: ~ /! wyo,n..:.r..~.ro.,.a~or.: own s..w>e~.,n a g_~~~ ~s~cexe i~ w. ~w.i,.:,.x Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 8 Exhibit A.3: Landscape Plan (dated: 10/23/12) --~.~._ y~ ,; .,,, , ~;~~ «M -~ ,:.~~. t_„~a~, ~ , 6 ~ ~~~~ ~1~~ s Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 9 Exhibit A.4: Ground Reservoir #2 & Booster Pump Station Proposed Sections 4u» ., _~ - - .._ ~:~~, ~~ ` ~ ~M ~. aK,na GU-r. \ ~~~ ~,:Efs,~.b..:.< '~~ ~ ~ CITY OF MERIDUIN l r. :~;1~ t}" t ~ GROUNO RESERVOIR l12 , AND BOOSTER PUMP STATION f~„ ,: PROPOSED SECTIONS CHZIYIHILL. - Q {~. __ .. r_--__ ~_ _____.~._____.._.__.__..~_______._.. .~_-~_____~_. a...q o ~~aa~ ax~arprx Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 10 Exhibit B: Agency Comments On November 15, 2012, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Republic Services. Staff has included all comments and recommended actions below. 1. PLANNING DEPARTMENT CONDITIONAL USE PERMIT 1.1 Site Specific Conditions of Approval 1.1.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.2 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.3 Prior to issuance of issuance of Certificate of Zoning Compliance, the applicant shall submit a public pedestrian easement for the future multi-use pathway for approval by City Council and subsequent recordation. 1.1.4 A 10-foot wide multi-use pathway is required to be constructed along the north side of the Ten Mile Creek as shown on the site plan attached in Exhibit A. Construction of the pathway shall take place once the City has acquired an easement on the property at the southeast corner of the site for connection to the existing pathway in Tuscany Lakes Subdivision. 1.1.5 The applicant shall design and construct the future multi-use pathway along the north side of the Ten Mile Creek consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 1.1.6 The future pathway along the Ten Mile Creek shall be illuminated with afour-foot tall bollard style or similar lighting source in accord with UDC 11-3A-8H, unless otherwise waived by the Director. Such lighting shall be shielded from adjoining residences. 1.1.7 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division of the Community Development Department and approved prior to issuance of building permits for the site. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.5 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE I1 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI, 11-3B-8C, and Chapter 3 Article C. 1.2.10 Construct the required street landscape buffer along S. Locust Grove Road consistent with the standards as set forth in UDC 11-3B-7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.15 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.16 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.17 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 Landscaping on the site shall be maintained in a healthy, growing condition at all times in accord with the standards listed in UDC 11-3B-13. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 1.4.3 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi-use pathway along the Ten Mile Creek to the City for approval by City Council and subsequent recordation. 1.4.4 At such time that the multi-use pathway along the Ten Mile Creek connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 12 1.4.5 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Water service to this site is being proposed via extension of mains currently existing in S. Locust Grove Road. 2.2 All construction shall comply with the Meridian Flood Damage Prevention Ordinance MCC Title 10, Chapter 6. 2.3 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.4 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. 2.5 The City of Meridian requires that no trees are to be installed within 5 feet of water meters, fire hydrants or valves this includes no planting over the top of water, irrigation mains or services. 3. FIRE DEPARTMENT 3.1 The gate(s) into the site shall be a minimum of 20-feet in width and shall swing or slide. The gate shall be equipped with a knox box lock with a key pad. 3.2 One hydrant shall be provided on the site. 4. POLICE DEPARTMENT 4.1 The applicant shall coordinate with the Police Department on security measures for the site. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. 6. PARKS DEPARTMENT 6.1 Construct a 10-foot wide multi-use pathway as shown on the site plan along the north side of the Ten Mile Creek in accord with the Meridian Pathways Master Plan at the time a . 6.2 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 6.3 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.4 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi- use pathway to the Planning Division for approval by City Council and subsequent recordation. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has no site specific conditions of approval for this application; however, the applicant shall be required to submit for impact fee review and assessment. The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply. Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 13 Exhibit C: Annexation Legal Description & Exhibit Map H4~IIVBARY 1I-FSCRII'TIQN Ip'OR THE C1TY OF MERIDIAN A parr+el located in the NW Y. of flee NW '!. of Scctioti 29, Tavvnshfiip 3 Nast, Range 1 F.a~, >I Meridian, Acfa. County, Idatta, more pcrtiatiarty clessribed as follows: t'.otncin8, at a 5!8 inch diameter iron pin madriug the so~hwesterly earner of the NVy'/. of said 5cction 2g, from which a 5/8 inch diameter imr- pia. rnarldmg the northwesterly onrnetr of said NW 3f of the NW ~ bears N 0°t4' 19" l a dis~ce ot`2645.59 feet "t`hsnac N ~° 14' 19" E alot~ the westerly boundary of said NVi~ 41 a distaaboe of 1693.59 fact to the I'4IN'1" ~F RECiiNNLNQ; Th~cc ca~ttinuia,8 N 0°l4'19" E a distance of 160.30 feet to a point; Thcttec leaving Bahl westerly bounc~ry ~ 89834'31" ~ a distance of 598.42 fief to a 5f8 iash diameter iron pin; 'l'lcs 5 0°14'22„ W a distsnc~a x'4.56 feet to a S!8 inch diantcter iron pan; Thencx S l8°~ 1'?,2" ViI a distance of 477,83 fcmt to a poirt#; Ttrenoe N SG°{K*39" W a di$tartc~+o of543.56 I'e~et to the PCUIIVT Op BBCIINNINtI. 'flds patrc+el camta~ 4.tK} acmes and is subject po any oasonxeants or in ueaa. Prepaxed by: 4ican 1~. Bennetat, PI,S Civil Survey Coltsultants, Inva~rpalatad t'~ctQb~ 31,2012 t=tEV A FtQVAI. t3Y ~~ ~~ ~ERio~anl Ruauc v~oafcs aE~r. Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 14 .~ SURVEY l~1R THE CITY OF ACERIDIAIV LOCATED IN THE NN' 1/4 OF TIYL' 1V1r I/4 OF S81G'?70H ,89, 7~AJYSIi?P 3 NORTH, RlNGE 1 EAST, BOISE dlBYr'lDIAX, AAA COUNTY, IDAHO. ea ww-q dyI ~ ~ ~ f M.M7t' E iWmM' ~ /WAiMi. .y . liNYr7ltm w~ ~7! ® ~x s yr' ;~ ~ ~~ ~fi ~ m ~ ro .~awr ~ a ws w•e _~-1'i` 0 40 tOd fB0 !OC r . s r. y. ?lCpV' ~t ~r , ""'~''.., • /Wn0 4$' flew Av ~ `ti 'r in ur. ~ ,~• IIQY /MY MqM /K.f !L~ ~ ~ ~ C/9'Y QF X~RIDLt/V « ~ PtA~: CfP J~r;,~ ,, .~.ao ~ r-~.~o7 aa~ ._ • R+oeeo,~wr~rs- nv ~rwr ~ ~~'__,-_ ~ srr ra w~c nwa sMSnov a ~'~ ~ ~ crtun~o innrr - Mor-w~s rtr ' Q,, ° ~ „ ° Pa '''D. s ` a `'`- ~ n Cliffi SURilP ClOA~4Yll!IA73 SIC 1w00 L M11FR~O1l71 !E A eo ~iw rn. ~K f~MAD fir! (~pRi/M-~t!!2 Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 15 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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment to R-4 is generally consistent with the future land use map designations of MDR. Please see the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-4 zoning district and the subsequent development of public infrastructure on the site is generally consistent with the purpose statement of the residential district in that it will provide services for area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (LTDC 11-SB-3.E). Staff finds annexing this property with an R-4 zoning district is in the best interest of the City as the proposed development will expand service capabilities for area residents in this area of the City. 2. Conditional Use Permit (UDC 11-SB-6E) The Council shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use as discussed in Section IX of the staff report. The proposed site plan does meet the dimensional standards of the R-4 district. Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017 PAGE 16 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan future land use map designation of MDR for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that the proposed design, construction, operation & maintenance of the facility will be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.