Amberwave AZ-14-004 PP-14-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
EIDIAN,�-,=-
In the Matter of the Request for Annexation and Zoning of 5.56 Acres of Land with the R-15
Zoning District and Preliminary Plat Consisting of 27 Residential Building Lots and 3
Common/Other Lots on 4.70 Acres of Land, Located on the Southwest Corner of W. McMillan
Road and N. Meridian Road, by The Land Group Inc.
Case No(s). AZ -14-004; PP -14-002
For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 22, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-004; PP -14-002
-I-
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 Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 22, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
development agreement containing the provisions in Exhibit B of the Staff Report for the
hearing date of April 22, 2014, attached as Exhibit A.
2. The applicant's request for preliminary plat is hereby approved per the conditions included in
Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
hi the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-613-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-004; PP -14-002
-2-
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-004; PP -14-002
-3-
By action of the City Council at its regular meeting held on the day of ,
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tam
lryyce Weerd
VOTED [Ah'
44
,
_
VOTED m-'
VOTED
t
VOTED_.
x
VOTED,
VOTED
VOTED --
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
t �, Dated: �.. Qo Do I `
C Cle�l ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-004; PP -14-002
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EXHIBIT A
STAFF REPORT
Hearing Date: April 22, 2014
TO: Mayor and City CouncilC�W,
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
(208) 887-2211
SUBJECT: Amberwave — AZ 14-004 and PP -14-002
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, The Land Group Inc., has applied for annexation (AZ) of 5.56 acres of land with an R-
15 zoning district and a preliminary plat (PP) consisting of twenty-seven (27) single-family
residential lots and three (3) common/other lots on approximately 4.70 acres of land. See Section 9 of
the staff report for more information.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed
in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian
Planning and Zoning Commission heard these items on 03/20/14. At the public hearing, the
Commission moved to recommend approval of the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Kev Issues) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
L Condition 1.2.2b, bullets 1 and 2 were stricken by the Commission:
ii. Commission modified site specific condition 2.1.1 to allow the secondary water
connection through the Ambercreek Subdivision to the west.
d. Outstanding Issue(s) for City Council:
L None
A.
i. In favor: Tamara Thompson
Ii In opposition: None
l Commenting: None
iy. Written testimony: None
y,. Staff presenting application: Bill Parsons
A Other staff commenting on application: None
Amberwave AZ & PP PAGE l
EXHIBIT A
b.. Key Issues of Discussion by Council:
L Sidewalks adiacent to the arterial streets.
ii. Pedestrian connection to the Meridian Road sidewalk,
c Key Council Changes to Staff/Commission Recommendation
i The City Council waived the tiling of the Lemn Canal.
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
004 and PP -14-002 as presented in the staff report for the hearing date of April 22, 2014 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-004
and PP -14-002 as presented in the staff report for the hearing date of April 22, 2014 for the following
reasons: (You should state specific reasons for denial of the applications.)
Continuance
I move to continue File Numbers AZ -14-004 and PP -14-002 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: (Parcel's S0436110025 and S0436110505)
The site is located on the southwest corner of W. McMillan Road and N. Meridian Road in the
NE '/a of Section 36, TAN., R.1 W.
b. Applicant:
The Land Group Inc.
462 E. Shore Drive, Suite #100
Eagle, ID 83616
c. Owner:
Gem State M&M, LLC
1775 W. State Street, Box 317
Boise, ID 83702
d. Representative:
Tamara Thompson, The Land Group Inc. (939-4041)
e. 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 required
before the Planning and Zoning Commission and City Council on this matter, consistent with
Meridian City Unified Development Code Title 11, Chapter 5.
b. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March
31, and April 14, 2014 (Council)
c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March
25, 2014 (Council)
Amberwave AZ & PP PAGE 2
EXHIBIT A
d. Applicant posted notice on site by: March 10, 2014 (Commission); April 7, 2014 (Council)
6. LAND USE
a. Existing Land Use(s): The subject site consists of a single family residence and a detached
accessory structure that will be demolished with the development of the proposed subdivision.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for
the vacant commercial property to north (C -G), this property is primarily surrounded by
residential subdivisions, zoned R-8.
c. History of Previous Actions:
® In 2008, the City denied the application for a comprehensive plan map amendment and
annexation of the property (CPA -08-008 and AZ -08-009).
d. Utilities:
1. Public Works:
Location of sewer: A sanitary sewer main intended to provide service to the subject property
currently exists in W. Lava Falls Drive.
Location of water: Water mains intended to provide service to the subject property currently
exists in W. Lava Falls Drive and N. Meridian Road.
Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: The Lemp Canal transverses the north boundary of the plat and the
applicant has requested it remain untiled due to the size of the facility.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The property is designated Medium Density Residential (MDR) on the Comprehensive Plan
Future Land Use Map. This designation allows smaller lots for residential purposes within the
city limits. The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre.
The proposed preliminary plat depicts a residential subdivision consisting of 27 single-family
detached homes on 4.70 acres of land at a gross density of 5.74 dwelling units per acre consistent
with the MDR designation.
Concurrently, the applicant is requesting to annex the property with an R-15 zoning district.
Although the requested zone allows a maximum density of 15 dwelling units to the acre, the
proposed density falls within the parameters of the MDR designation of the comprehensive plan.
For these reasons, staff finds the proposed development is consistent with the comprehensive
plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and the
proposed development (staff analysis in italics below policy):
Amberwave AZ & PP PAGE 3
EXHIBIT A
® "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The proposed rnedhan density residential development ~Pill contribute to the variety of
residential densities in this area of the 00which currently consists of a mix of medium -low
and medium densio) residential developments.
® `Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
The proposed development is adjacent to properties annexed into the city and services are
available to be extended to the site upon development in accord with UDC 11-3A-21.
® "Support infill of vacant lots in substantially developed, single-family areas at densities
sitnilar to surrounding development." (3.07.02I)
The subject property is surrounded by properties developed at urban densities consistent iwith
the density of the proposed residential development. The proposed development will also
consist of single family detached homes.
® "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. "(3.03.03C)
Tf7th the development of the subdivision, the applicant is proposing to construct a small
segment of local street (N. Alester Ave. and W. Havasu Falls St.) to serve the proposed
development. This street nettivork will also stub along the west boundary and tie into the
street network ofAmbercreek Subdivision for future connectivity.
® "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc."
The applicant is required to comply with all UDC standards pertaining to landscaping,
signage, and fencing on the site.
"Require appropriate landscaping and buffers along transportation corridors (setbacks,
vegetation, low walls, berms, etc.)" (Chapter 3, page 54).
Street buffer landscaping is required adjacent to W. McMillan Road and N. Meridian Road in
accord with the standards listed in UDC 11-313-7C.
After considering all of these factors staff finds that the proposed development is generally consistent
with comprehensive plan.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts (R-15): 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 Control: Unified Development Code (UDC) 11-2A-2 lists single family detached
housing as a principally permitted use in the R-15 zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-7 for the R-15 zoning district.
D. Landscaping: A 25 -foot wide landscape buffer is required to comply with the design standards in
accord with UDC 11 -3B -7C.
Amberwave AZ & PP PAGE 4
EXHIBIT A
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC I1 -6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Annexation (AZ): The applicant has applied to annex 5.56 acres of land from RUT in Ada
County to the R-15 zone to develop twenty-seven (27) single family detached homes. The R-15
zone is desired to allow the flexibility to construct patio homes within the proposed dimensional
standards depicted on the plat without the need for shared driveways as would be required in the
more restrictive R-8 zone. To ensure the site develops as proposed and at a density consistent
with the comprehensive plan, staff recommends the applicant enter into a development agreement
with the City.
Preliminary Plat (PP): The proposed preliminary plat consists of twenty-seven (27) single
family residential lots and three (3) common /other lots on approximately 4.70 acres of land in the
proposed R-15 zoning district. Lot sizes range between 3,951 and 6,870 square feet respectively.
The average lot size within the proposed subdivision is 4,625 square feet. The proposed gross
density of the subdivision is 5.74 dwelling units per acre which is consistent with both the density
requirements of the comprehensive plan and the proposed R-15 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a
minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above,
the applicant is proposing lot dimensions that exceed the minimums of the R-15 district.
Therefore, all of the proposed lots comply with the dimensional standards of the UDC.
The applicant is proposing Lots 3-5, Block 1 to take access from a common driveway (Lot 6,
Block 1). The submitted plat depicts a 30 -foot wide common lot (25 -foot wide driveway and 5 -
foot wide landscape buffer). The 5 -foot wide landscape buffer is required because Lot 7, Block 1
is not taking access from the common drive in accord with UDC 11 -6C -3D5. With final plat
submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and
orientation of the lots and structures. Additionally, the common driveway and the landscape
buffer must be owned and maintained by the homeowners association.
Access: Access to this development is proposed from the extension of N. Alester Avenue and N.
Havasu Falls Street, via W. Lava Falls Drive. The internal streets are proposed as a reduced street
section (42 feet of right-of-way; 29 feet between curbs); which restricts on -sheet parking to one
side of the street. The Fire Department has reviewed the proposed development and has approved
the street section as proposed.
W. Havasu Falls Street is proposed to stub along the west boundary which will provide fixture
connectivity with the Ambercreek Subdivision. Direct lot access via W. McMillan Road and N.
Meridian Road is not proposed or approved with this application.
Staff is supportive of the public street access and reduced street sections proposed for the
development.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A
25 -foot wide landscape buffer adjacent to W. McMillan Road and N. Meridian Road is required
to be installed in accord with UDC 11-313-7C. On the submitted landscape plan, the applicant is
proposing a single common lot adjacent to W. McMillan Road and N. Meridian Road.
Amberwave AZ & PP PAGE 5
EXHIBIT A
The section of the common lot adjacent to McMillan Road is approximately 65 -feet wide due to
the 50 -foot wide Lemp Canal and the 65 -foot wide Idaho Power easements. On the submitted
landscape plan, the applicant is proposing to install a 25 -foot wide landscape buffer without the
required trees. UDC 11 -3B -7C requires the installation of seven (7) additional trees in the street
buffer (one tree every 35 linear feet). Since the required trees will be in close proximity to the
overhead power lines, UDC 11-313-5.1 requires the installation of class 1 trees only. With the
submittal of a final plat application the applicant must submit a revised landscape plan that
includes the seven (7) class 1 trees.
As mentioned below, there is an existing 5 -foot wide detached sidewalk adjacent to the canal
along McMillan Road. Between the open canal and the sidewalk (width varies between 7 and 12
feet) is an area that could be landscaped. The submitted landscape plan does not show any
landscape improvements in this area. Since the project is located on a prominent corner, staff
recommends the applicant, at a minimum, plant sod (or some other form of landscaping) in this
area to promote a consistent landscape theme along the canal. The applicant must coordinate with
Settlers Irrigation District and Idaho Power on the proposed landscape improvements within the
dedicated easement area.
The portion of the landscape buffer adjacent to N. Meridian Road is 28 feet in width and includes
the required plant materials in accord with UDC 11 -3B -7C.
Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11-
3A-6, 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 shall be
covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un -
tiled due to the size of the facility as allowed under UDC 11-3A-6A3b. With the submittal of the
final plat application, the applicant must depict the 50 -foot wide Lemp Canal easement on the
face of the plat.
Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3)
does not require open space or site amenities to be provided.
Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets within the
City. Currently, a 5 -foot wide detached sidewalk exists along McMillan Road and a 7 -foot
attached sidewalk exists along Meridian Road. Since the existing sidewalks pre -date the proposed
subdivision, staff is not recommending any changes to the existing sidewalks. However, there is
an existing curb cut to Meridian Road (pasture access) that will be removed and replaced with
new sidewalk with the development of the proposed subdivision.
Existing Trees: The subject property contains numerous mature trees that will remain and /or
will be removed with the development of the proposed subdivision. Per in UDC 11-313-10,
mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from
the site. With the submittal of the final plat the applicant must submit a revised landscape
plan that details the mitigation plan outlined by the developer and the City Arborist.
Fencing: The applicant is proposing 6 -foot privacy fencing along the west, north and east
perimeter of the development. The internal fencing consists of 6 -foot privacy along the south
boundaries of Common Lots 6 and 19, Block 1. The fencing proposed for the development
complies with UDC 11-3A-7.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
Amberwave AZ & PP PAGE 6
EXHIBIT A
prior to receiving approval on the development plans. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Existing Structures: There is an existing home and accessory detached structure on the site that
will be removed with the development of the proposed subdivision. The existing structures must
be demolished and the existing well and septic system must be abandoned prior to the City
Engineer's signature on a final plat.
Building Elevations: The applicant has submitted sample photos that depict the style of homes
proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding,
stucco, and board and batten siding) and stone wainscot. Design features staff supports include
varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front porches.
Since the applicant is requesting to annex the property, staff recommends the applicant
incorporate similar building materials and a mix of materials on all sides of the future homes,
specifically, for those facades that face a public street as envisioned by the Meridian Design
Manual.
Staff is of the opinion the future homes will complement the existing homes in the area and
demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review
the home elevations adjacent to W. McMillan Road and N. Meridian Road (Lots 2-5, 7-18, Block
1) as described above to ensure conformance with these design features. Future homes
constructed within the subdivision must comply with the elevations attached in Exhibit AA.
In summary, Staff recommends approval of the proposed annexation and preliminary plat with
the recommended conditions listed in Exhibit B of this report in accord with the Findings
contained in Exhibit D.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 01/29/14)
3. Proposed Landscape Plan (dated: 01/27/14) (REVISED)
4. Proposed Building Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Amberwave AZ & PP PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
Ambenvave AZ & PP PAGE 8
EXHIBIT A
2. Proposed Preliminary Plat (dated: 01/29/14)
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Amberwave AZ & PP PAGE 9
EXHIBIT A
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Amberwave AZ & PP PAGE 10
EXHIBIT A
4. Building Elevations
Amberwave AZ & PP PAGE 11
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Annexation
1.1.1 A Development Agreement (DA) is required as a provision of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer.
A final plat application will not be accepted until the DA is recorded. The applicant shall
contact the City Attorney's Office to initiate this process. The DA shall be signed by the property
owner and returned to the city within two (2) years of the City Council granting the annexation.
Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to
commencement of the DA. The DA shall, at minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with the preliminary plat and landscape
plan in Exhibit A.
b. Future homes constructed within the subdivision must comply with the submitted elevations
attached in Exhibit A.4. A mix of materials and architectural details as represented in the
attached elevations shall be incorporated on the rear facades that face W. McMillan Road and
N. Meridian Road (Lots 2-5 and 7-18, Block 1).
c. A maximum of twenty-seven (27) single family detached homes shall be constructed on the
site.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1.2.1 The preliminary plat, dated 01/29/14, shall be revised as follows:
a. Lots 3-5, Block 1 shall take access from common driveway as proposed. Since Lot 7, Block 1
does not take access from the common drive, provide a 5 -foot wide landscape buffer along
southern edge of the common driveway as proposed. An exhibit depicting the setbacks,
building envelope and orientation of lots and structures shall be submitted a fixture final plat
application. Include note on the final plat that addresses access across the lots and the
responsible party for maintenance of the common driveway and 5 -foot wide landscape buffer.
b. Direct lot access shall be prohibited to W. McMillan Road and N. Meridian Road in accord
with UDC 11 -3A-3.
c. Lot 6, Block I is non -buildable lot and must contain the temporary emergency turnaround as
proposed until the stub sheet (W. Havasu Falls Street) is extended with Ambercreek
Subdivision.
d. Depict the 50 -foot wide Lemp Canal easement on the face of the plat.
1.2.2 The landscape plan, dated 01/27/14 shall be revised as follows:
a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan
with the final plat application.
b. Construct Common Lot 1 and Common Lot 19 as proposed. With the submittal „r„ 4aq „1.,+
applioation, the a , 1;...,,,t must submit . revised landseai3e lan that incl des the f 11 ..,;,, .•
The applicant shall receive approval from the Settlers Irrigation District and Idaho Power on
Amberwave AZ & PP PAGE 12
EXHIBIT A
the proposed landscape improvements within the dedicated easement area.
c. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site. With the submittal of the final plat the applicant shall submit a revised
landscape plan that details the mitigation plan outlined by the developer and the City
Arborist.
d. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat.
1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot
lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be
removed, relocated or made to conform to city code, prior to City Engineer signature of the final
plat.
1.2.5 Comply with all ACHD conditions of approval.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Chapter 2 District regulations.
1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant shall remove
the constructed curb cut on N. Meridian Road and replace that section with a new 7 -foot wide
attached sidewalk.
1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to driveways, common driveways, easements, blocks and mailbox
placement.
1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless waived
by City Council. The City Council waived the tiling of the Lemp Canal in accord with UDC 1 l -
3A-6A.3b.
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 final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11 -6B -3C2.
Amberwave AZ & PP PAGE 14
EXHIBIT A
1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years, or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.4 The project is subject to all current City of Meridian ordinances. Staff failure to cite any specific
ordinance provisions does not relieve the applicant from responsibility of compliance.
1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14.
1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G -3F 1.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall be responsible to extend an 8 -inch diameter water main through common area Lot
1 and 6, and connect to the existing 12 -inch diameter water main in N. Meridian Road OR extend
an 8 -inch diameter water main through the Ambercreek Subdivision to the west and connect to
the 12 -inch diameter water main in W. McMillan Road.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications,
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
Amberwave AZ & PP PAGE 15
EXHIBIT A
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-311.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
Amberwave AZ & PP PAGE 16
EXHIBIT A
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
It. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 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,
3.3 All entrance, internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
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.
3.6 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6" as set forth in International Fire Code Section 503.2.1.
3.7 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
Amberwave AZ & PP PAGE 17
EXHIBIT A
S. PARKS DEPARTMENT
5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10.
6. REPUBLIC SERVICES
6.1 Republic Services has no comments related to this application.
7. ADA COUNTY HIGMVAP DISTRICT
7.1 SITE SPECIFIC CONDITIONS
7.1 Replace any deteriorated or deficient sidewalk, or Dedestrian facilities along McMillan Road
abutting the site, consistent with District Minor hnprovements Policy 7203.3.
7.2 Replace the existing driveway with vertical curb, gutter, and 7 -foot wide concrete sidewalk and
replace any deteriorated or deficient sidewalk, or pedestrian facilities along Meridian Road
abutting the site, consistent with District Minor Improvements Policy 7203.3.
7.3 Construct the internal street, Alester Avenue, as a 29 -foot street section with rolled curb, Rutter,
and 5 -foot wide attached sidewalk within 42 -feet of right-of-way; and sign one side of the street
as "No Parking".
7.4 Construct 1 stub street, Havasu Falls Street, 110 -feet to the west property line, located
approximately 215 -feet south of McMillan Road (measured centerline to centerline).
7.5 Install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.6 Payment of impacts fees are due prior to issuance of a building permit.
7.7 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
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 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 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 numbers) for
details.
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.
7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Amberwave AZ & PP PAGE 18
EXHIBIT A
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District 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-way. 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-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.11 No change 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 Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with ACRD Policy and Standard conditions of approval in
place at the time unless a waiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Amberwave AZ & PP PAGE 19
C. Legal Description and Exhibit Map
December 3, 2013
Project No. 113196
EXHIBIT A
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Exhibit "A"
AMBERWAVE SUBDIVISION
ANNEXATION — REZONE DESCRIPTION
A parcel of land located In the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 4
North, Range 1 West, B.M., Meridian, Ada County, Idaho, described as follows:
Commencing at the Section Corner common to Sections 25 and 36 of said Township 4 North,
Range 1 West, and Sections 30 and 31 of Township 4 North, Range 1 East, B.M., (from which
point the 1/4 Section Corner common to Sections 25 and 36 bears North 89°27'22" West a
distance of 2,681.84 feet), said Section Corner being the POINT OF BEGINNING;
Thence South 00°29'41" West a distance of 834.82 feet on the section Line common to said
Sections 31 and 36;
Thence North 89°27'27" West a distance of 290.00 feet on the northerly boundary line of
Ambercreek Subdivision No. 1, as same is shown on the Plat thereof recorded In Book 97 of
Plats at Page 12145 of Ada County Records, to an angle point in the northerly boundary line
of said Subdivision;
Thence North 00°29'41" East a distance of 834.83 feet to a point on the Section Line
common to said Sections 25 and 36;
Thence South 89°27'22" East a distance of 290.00 feet on the Section Line common to said
Sections 25 and 36 to the point of beginning.
Said Parcel contains 5.56 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn, PLS
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Amberwave AZ & PP PAGE 19
EXHIBIT A
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Amberwave AZ & PP PAGE 20
EXHIBIT A
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;
The applicant is proposing to annex 5.56 acres to the R-15 zoning district. The Council finds
that the proposed map amendment is generally consistent with the MDR designation for this
property. Therefore, the Council finds the amendment is consistent with 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;
The Council finds that the proposed map amendment to the R-15 zoning district is consistent
with the purpose statements for residential districts as detailed in Section VIII above..
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council 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. The
Council considered all oral and written testimony provided to determine 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 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 (UDC 11-513-3.E).
The Council finds annexing this property with an R-15 zoning district is in the best interest of
the City if the applicant enters into a development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in general conformance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Amberwave AZ & PP PAGE 21
EXHIBIT A
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the subdivisions will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., police, fire,
ACRD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety or environmental problems associated with
the development of this subdivision. ACHD considers road safety issues in their analysis.
The Council considered the facts, analysis and any public testimony presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems.
F. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
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. The Council
considered all public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance.
Amberwave AZ & PP PAGE 22