Reardon RZ-14-002 PP-14-003 VAC-14-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
awlIDR IAN,--
�J
In the Matter of the Request to Rezone 2.20 Acres of Land with the R-8 Zoning District;
Preliminary Plat Consisting of 10 Residential Building Lots and 4 Common/Other Lots on 1.96
Acres of Land; and Vacate the Existing Private Drain Field Easement and Plat Note #6 of
Hearthstone Subdivision, Located near the Southwest Corner of W. Cherry Lane and N.
Summertree Way, by CS2, LLC.
Case No(s). RZ-14-002; PP -14-003; and VAC -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). RZ-14-002; PP -14-003; & VAC -14-002
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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 rezone 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 and vacation 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).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
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).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002
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A modification to the development agreement may be initiated prior to signature of the
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 11-513-3F).
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). RZ-14-002; PP -14-003; & VAC -14-002
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By action of the City Council at its regular meeting held on the
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 MII,AM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tammy de Weerd
t�
day of ,
VOTED " ° �„_..
VOTED .
VOTED <'
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002
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EXHIBIT A
STAFF REPORT
Hearing Date: April 22, 2014
TO: Mayor and City CouncilC�V,
�
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
(208) 887-2211
SUBJECT: Reardon—RZ 14-002, PP -14-003 and VAC -14-002
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, CS2, LLC, has applied to rezone (RZ) 2.20 acres of land with an R-8 zoning district;
preliminary plat (PP) ten (10) single-family residential lots and four (4) common lots on
approximately 1.96 acres of land; and vacate the existing private drain field easement and associated
plat note (#6) platted with the Hearthstone Subdivision. See Section 9 of the staff report for more
information.
Staff recommends approval of the proposed rezone, preliminary plat and vacation applications 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 March 20, 2014. At
the public hearing, the Commission moved to recommend approval of the subiect RZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Margie Lane. Tammv Turpin. Sarah Curtright. Arleen Russell
iv. Written testimony: Tammy Turpin
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Cherry Lane access.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on April 22, 2014. At the public hearing, the
Council approved the subject RZ, PP and VAC request.
a Summary of City Councjl Public Hearin:
L In favor: Bob Under
ii. In opposition: Morna Campbell, Kendra Anderson, Arlene Russell, Beverly and Bill
Ha e
iii.Commenting: Margie Lane
Written testimony: Tammy Turpin
y. Staff presenting application: Bill Parsons
Reardon RZ, PP & VAC PAGE 1
EXHIBIT A
A Other staff commenting on application: None
b. ICey Issues of Discussion by Council:
L Cherry Lane access.
ii. Orientation of Lots 6 and 7, Block 2.
C. Ka Council Changes to Staff/Commission Recommendation
L The City Council added a condition requiring Lots 6 and 7. Block 2 orient on W. Aspen
Creek drive and future homes take access from W. Aspen Creek Drive,
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve Numbers RZ-14-002
PP -14-003 and VAC -14-002 as presented in 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 RZ-14-002,
PP -14-003 and VAC -14-002 as presented in 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 RZ-14-002, PP -14-003 and VAC -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 #R3531730020)
The site is generally located near the southwest corner of W. Cherry Lane and N. Summertree
Way in the NW 1/4 of Section 10, T.3N., R.1W.
b. Applicant:
CS2, LLC
8921 W. Hackamore Street
Boise, ID 83703
c. Owner:
DL Evans Bank
2560 E. Fairview Avenue
Meridian, ID 83642
d. Representative:
Bob Unger, ULC Management (861-5220)
e. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject applications are for a rezone, preliminary plat and vacation. 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)
Reardon RZ, PP & VAC PAGE 2
EXHIBIT A
c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March
25, 2014 (Council)
d. Applicant posted notice on site by: March 10, 2014 (Commission); April 11, 2014 (Council)
6. LAND USE
a. Existing Land Use(s): The subject site is vacant property developed with an existing private road
that provides a Cherry Lane access to the Ada County parcel on the south boundary.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The
surrounding area is developed with County and City residences, zoned R1 and R2 in Ada County
and R-4 and R-8 in the City.
c. History of Previous Actions:
® In 2001, the property received annexation and combined preliminary/final plat approval (AZ -
01 -026 and PFP-01-009) to develop a residential subdivision (Hearthstone) consisting of two
(2) residential lots on approximately 2.30 acres in the R-4 district.
® In 2007, the City approved a new preliminary plat (Moose Creels) (PP -07-006) consisting of
six (6) residential lots and one (1) common lot on 1.96 acres. The preliminary plat has expired
because the previous developer failed to obtain City approval of a time extension.
® In 2013, the Planning Division recommended approval of a rezone and preliminary plat
application (Summertree) (RZ-13-014 and PP -13-035) however; the applicant withdrew the
application prior to the Commission hearing.
d. Utilities:
1. Public Works:
Location of sewer: A sanitary sewer main intended to provide service to the subject property
currently exists in N. Summertree Way.
Location of water: A water main intended to provide service to the subject property currently
exists in N. Summertree Way.
Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
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 ten (10) single-family detached residential lots on 1.96
acres of land at a gross density of 5.10 dwelling units per acre consistent with the MDR
designation.
Concurrently, the applicant is requesting to rezone the property from the R-4 zoning district to the
R-8 zoning district. The medium residential district (R-8) allows a maximum density of 8
Reardon RZ, PP & VAC PAGE 3
EXHIBIT A
dwelling units to the acre which falls within the parameters of the MDR designation of 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):
® "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 nrediran density residential development tivill contribute to the variety of
residential densities in this area of the City, which currently consists of a rnix of medium-lotit,
and medium density 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." (3.01.0117)
The proposed development is annexed into the cio3 and services are available to be extended
to the site upon det,eloprnent in accord with UDC 11-3A-21. Currently this property is
encumbered by an existing private drain field easement for the benefit of Lot 1, Block I of
Hearthstone Subdivision. The applicant has obtained consent front the homeowner on this lot
to vacate the easement and once the vacation process is completed the applicant will be
responsible for connecting the existing home to City services.
® "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I)
The subjectproperty is surrounded by properties developed at urban densities under the
density of the proposed residential development. However, the proposed development will
consist of single family detached homes consistent with the surrounding developments.
Because the property is adjacent to several underdeveloped county properties, staff
anticipates redevelopment of theses parcels in the future.
i "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow."(3.03.03C)
With the development of the subdivision, the applicant is proposing to construct a small
segment of local street (W. Aspen Creek Drive) to serve the proposed development and stubs
to the County parcel on the ii est boundary. Currently, the southern County parcel has access
to Chevy Lane via a prescriptive access easement (private street) 1t�hich is shown to remain
with the development of the subdivision. ACHD and City staff are recommending the access
close with the development of the subdivision. The applicant is also proposing a 20 foot wide
cross access easement across the comrrrorr lot on the north side of W. Aspen Creek Drive to
facilitate local street access to the existing hoine.
® "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
The applicant is required to comply ti ,ith 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.)." (3.06.02F)
Reardon RZ, PP & VAC PAGE 4
EXHIBIT A
A 25 foot wide street buffer is required adjacent to W. Cherry Lame in accord with the
standards listed in UDC 11 -3B -7C.
After considering all of these factors staff is of the opinion that the proposed development is generally
consistent with comprehensive plan,
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts (R-8): 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-8 zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC I 1-2A-6 for the R-8 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.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-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:
Rezone (RZ): The applicant has applied to rezone 2.20 acres of land from the R-4 zone to the R-
8 zone to develop ten (10) single family detached homes. The rezone is desired to allow the
applicant to construct patio homes within the dimensional standards of the R-8 zoning district. To
ensure the site develops as proposed, staff recommends the applicant enter into a development
agreement with the City.
Preliminary Plat (PP): The proposed preliminary plat consists of ten (10) single family
residential lots and four (4) common lots on approximately 1.96 acres of land in the R-8 zoning
district. Lot sizes range between 5,189 and 6,051 square feet respectively. The average lot size
within the proposed subdivision is 5,675 square feet. The proposed gross density of the
subdivision is 5.10 dwelling units per acre which is consistent with both the density requirements
of the comprehensive plan and the proposed R-8 zoning district,
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a
minimum lot size of 5,000 square feet with 50 feet of street frontage. All of the proposed lots
comply with the dimensional standards of the UDC.
The submitted plat depicts two (2) access lots on the west boundary of the plat. As submitted,
these lots are proposed to maintain the Cherry Lane access to the Ada County parcel to the south.
Staff is supportive of the private driveway remaining on Lot 1, Block 2 for the benefit of the
County parcel because it provides a local street access in accord with UDC 11-3A-3. Because this
is a private driveway for the benefit of the southern property, staff recommends the applicant plat
a 5 -foot wide common lot along the west boundary of Lot 2, Block 2 to prohibit access to the
private driveway (UDC 11 -6C -3D5). This common lot must be maintained the subdivision
homeowner's association. The applicant will have to coordinate with the property owner of the
Reardon RZ, PP & VAC PAGE 5
EXHIBIT A
southern Ada County parcel on the maintenance and ownership of Lot 1, Block 2. With the final
plat application, the applicant must provide written documentation that identifies the responsible
party for maintaining and owning the private driveway.
The other access lot (Lot 2, Block 1) should be incorporated into the adjacent buildable lot (Lot 3,
Block 1) and the 25 -foot wide landscape buffer extended to the west boundary of the property to
prohibit access to Cherry Lane.
Access: Access to this development is proposed from the extension of W. Aspen Creek Street via
N. Summertree Way. Currently, the property is developed with a private street approved through
the County for the purpose of providing access to the Ada County parcel to the south. UDC 1I -
3A -3 restricts access to arterial streets when local street access is being provided. ACRD and staff
are recommending the access close with the development of the subdivision. As noted above,
staff recommends the applicant remove Lot 2, Block 1 from the plat and incorporate this lot with
the adjacent buildable lot (Lot 3, Block 1) to facilitate the closure of the Cherry Lane access.
With the closure of the access, the applicant should be responsible for removing the existing
roadway from the property and extending the 25 -foot wide landscape buffer to the west boundary
of the subdivision. Further, the applicant will be responsible for coordinating with the property
owner to the south on the relinquishment of the private road easement. With the submittal of the
final plat application, the applicant must submit recorded documents verifying relinquishment of
the private street easement.
In discussions with ACHD staff, the applicant will also be responsible for providing a
temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord
with ACHD standards.
With the modifications noted above, staff is supportive of the proposed street connectivity.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A
25 -foot wide landscape buffer is required to be installed along the entire frontage of W. Cherry
Lane in accord with UDC 11 -3B -7C.
In addition to the landscape buffer, the applicant is also proposing a common lot (Lot 7, Block 1)
along the north side of W. Aspen Creek Drive. This lot will be landscaped in accord with UDC
11 -3B -7C and will contain the pressurized irrigation pump. The landscape plan as submitted
complies with the standards set forth in UDC 11 -3B -7C. As noted above, this lot will also contain
the 20 -foot wide cross access easement to facilitate local street access to the adjacent northern
property. The applicant must include a note on the final plat that states the property to north is
beneficiary of the cross access easement.
With the submittal of the final plat application, the applicant must submit a landscape prepared by
a landscape architect, landscape designer or qualified nurseryman in accord with UDC 11 -3B -3C.
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.
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 11-3B-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 should submit a revised landscape
plan that details the mitigation plan outlined by the developer and the City Arborist.
Fencing: The applicant has not proposed any fencing with the su8bject application. The proposed
fencing complies with the City's fence regulations set forth in UDC 11-3A-7.
Reardon RZ, PP & VAC PAGE 6
EXHIBIT A
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
prior to signature on the final plat by the City Engineer. 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.
Vacation: As mentioned above, this property received plat approval in 2001(Hearthstone
Subdivision). At that time, City sewer was not available to serve the proposed development. The
previous owner was allowed to use an existing well and septic system until City services were
available. Because of the existing private system, the drain field for the existing home on the east
boundary is located on the subject property. A note (#6) and a graphic depiction of the drain field
easement are depicted on the face of the plat. The applicant has obtained consent from property
owner granting the relinquishment of the private drain field easement. With the application
submittal, the applicant supplied a signed agreement between the developer and the homeowner
on the timing of the utility connections. With the termination of the private drain field, the
applicant must connect the existing home on Lot 1, Block 1 of the Hearthstone Subdivision to
City sewer and water prior to signature on the final plat.
Building Elevations: The applicant has submitted sample elevations to depict the style of homes
for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding,
and cedar shake siding) and stone/brick wainscot. Design features staff supports include varying
roof forms, decorative trim and corbels, pop -outs, dormers and covered entries and front porches.
Typically, single family homes are not required to obtain design review approval, however the
Meridian Design Manual encourages similar building materials and mix of materials be
incorporated into all sides of the fixture homes, specifically, for those facades that face a public
street. The applicant should keep this in mind when designing homes adjacent to W. Cherry Lane
(Lots 3, 5 and 6, Block 1). Future homes constructed within the subdivision must comply with the
elevations attached in Exhibit A.4 below.
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. Cherry Lane as described above to ensure conformance with
these design features.
In summary, Staff recommends approval of the proposed rezone, preliminary plat and vacation
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: 03/10/14) REVISED)
3. Proposed Landscape Plan (dated: 01/23/14)
4. Proposed Building Elevations
5. Drain Field Easement Proposed to be Vacated
B. Conditions of Approval
1. Planning Division
2. Public Works Department
Reardon RZ, PP & VAC PAGE 7
EXHIBIT A
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
Reardon RZ, PP & VAC PAGE 8
EXHIBIT A
2. Proposed Preliminary Plat (dated: 03/10/14) (REVISED)
Reardon RZ, PP & VAC PAGE 9
W. CHERRY LANE
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Reardon RZ, PP & VAC PAGE 9
EXHIBIT A
3. Proposed Landscape Plan (dated: 0 1/23/14)
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Reardon RZ, PP & VAC PAGE 10
EXHIBIT A
4. Building Elevations
Reardon RZ, PP & VAC PAGE 11
EXHIBIT A
Reardon RZ, PP & VAC PAGE 12
EXHIBIT A
5. Drain Field Easement Proposed to be Vacated
PLAT SHOPPING
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LOCATEO IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10,
T.3N., R,1W., B.M., MERIDIAN, ADA COUNTY, IDAHO
2003
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MERIDIAN, IDAHO
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Reardon RZ, PP & VAC PAGE 13
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Rezone
1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone 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 rezone. 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. Future homes constructed on this site shall substantially comply with the building elevations
in Exhibit A. A mix of materials and architectural details as represented in the attached
elevations shall be incorporated on the rear facades that face W. Chevy Lane (Lots 3-6,
Block 1).
b. A maximum often (10) single family detached homes shall be constructed on the site.
1.2
1.2.1
c. Access is prohibited to W. Cherry Lane in accord with UDC 11-3A-3. Prior to City
Engineer's signature on a final plat, the applicant shall remove the existing roadway
(extending from the far edge of the dedicated right-of-way to Cherry Lane), the driveway
approach and extend the 25 -foot wide landscape buffer to the west boundary.
d. The applicant shall maintain a driveway access to parcel # S 121021253 0 through Lot 1,
Block 2. With the submittal of the final plat application the applicant shall provide the
following:
recorded documentation verifying the relinquishment of the 30 -foot wide private road
easement and;
2. recorded documentation that identifies the responsible party for the maintenance and
ownership of the private driveway on Lot 1, Block 2.
Preliminary Plat - Site Specific Conditions of Approval
The preliminary plat, dated 01/23/14, shall be revised as follows:
Provide a 5 -foot wide common lot along the west boundary of the Lot 2, Block 2 to prohibit
access to the existing private driveway. Include a note on the final plat that states Lot 1,
Block 2 is a non -buildable lot for the benefit of ingress/egress for parcel #S1210212530. With
the submittal of the final plat application, the applicant shall provide recorded documentation
that identifies the responsible party for the maintenance and ownership of the private
driveway on Lot 1, Block 2.
b. Provide a stub street to Parcel #S1210212720 as proposed. The applicant shall construct a
temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord
with ACRD standards.
d. A cross-access/ingress-egress easement shall be granted to the property to the north (parcel
#R3531730010) through Lot 7, Block 1 as proposed. A recorded copy of the easement shall
be submitted with the final plat application or a note added to the face of the plat that
Reardon RZ, PP & VAC PAGE 14
EXHIBIT A
references the recorded cross access agreement.
e. At the time of final plat submittal, the applicant shall orient Lots 6 and 7. Block 2 on W.
Aspen Creek Drive. The future homes constructed on these lots shall access from W. Aspen
Creek Drive.
1.2.2 The landscape plan, dated 01/23/14 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 a 25 -foot wide landscape buffer along the entire frontage of W. Cherry Lane.
c. Construct Common Lot 7, Block 1 as proposed.
d. Per UDC 11-3B-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.
e. 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 -3B -14A.
f. All common open space shall be maintained by a home owner's association as set forth in
UDC 11 -3G -3F1.
1.2.3 With the submittal of a final plat application, the applicant shall provide recorded
documentation verifying the relinquishment of the 30 -foot wide private road easement.
1.2.4 Prior to the issuance of a building permit, the applicant shall record a final plat.
1.2.5 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 side and rear facades that face W. Chevy Lane (Lots 3-6,
Block 1). The future building restriction form shall note compliance with the approved building
elevations.
1.2.6 With the termination of the private drain field, the applicant shall connect the existing home on
Lot 1, Block 1 of the Hearthstone Subdivision to City sewer and water prior to signature on the
final plat.
1.2.7 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-8 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 11-3B-6 and MCC 9-1-28.
1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
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.
Reardon RZ, PP & VAC PAGE 15
EXHIBIT A
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 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
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-3 C2.
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 11-613-7.
1.4.4 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ -01-026 and PFP-01-009). 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 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 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.
2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.1.3 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.
2.1.4 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
Reardon RZ, PP & VAC PAGE 16
EXHIBIT A
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.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 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
(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.
2.1.7 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.
2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Cental District Health for abandonment procedures and
inspections (208)375-5211.
2.1.9 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.
2.1.10 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.
2.1.11 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.
2.1.12 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.
2.1.13 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.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 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.
2.1.19 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
Reardon RZ, PP & VAC PAGE 17
EXHIBIT A
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.20 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.
2.1.21 100 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
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.
2.1.22 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.
2.1.23 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 Set -vice 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 /z" 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 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent sheet 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 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
Reardon RZ, PP & VAC PAGE 18
EXHIBIT A
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2,
3.7 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.
3.8 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.
5. PARKS DEPARTMENT
5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10.
6. REPUBLIC SERVICES
6.1 Republic Services has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS
7.1 Vacate the private road/access easement prior to plans acceptance or signature on the first final
plat.
7.2 Close the existing driveway onto Cherry Lane (private road/access easement) with vertical curb.
gutter, and 7 -foot wide attached concrete sidewalks to match the existing improvements on either
side.
7.3 Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These
include sidewalk, curb, gutter, driveways, pedestrian ramps, etc.
7.4 Construct a 5 -foot wide attached concrete sidewalk on Summertree Way abutting the site, as
proposed.
7.5 Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Way and
Aspencreek Drive abutting the site on both sides.
7.6 Construct Aspencreek Drive as a 34 -foot street sections with vertical curb, gutter and 5 -foot wide
attached sidewalks within 44 -feet of right-of-way. Obtain written fire department approval for the
proposed reduced local street section.
7.7 Construct a cul-de-sac turnaround at the terminus of Aspencreek Drive, as proposed. The cul-de-
sac must have a minimum radius of 45 -feet.
7.8 Install a sign at the terminus of the stub street. Apsencreek Drive. stating "THIS ROAD WILL
BE EXTENDED IN THE FUTURE".
7.9 Construct one driveway onto the 58.30 -foot wide driveway onto the cul-de-sac turnaround at the
terminus of Aspencreek Drive, as proposed. Pave the driveway its full width at least 30 -feet into
the site beyond the edge of pavement of Aspencreek Drive.
7.10 Direct lot access is prohibited to Cherry Lane and shall be noted on the final plat.
Reardon RZ, PP & VAC PAGE 19
EXHIBIT A
7.11 Payment of impacts fees are due prior to issuance of a building permit.
7.12 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing iiligation 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 ACRD roadwa�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 Countv Highwav District Polic
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 hi 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
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 DroDerty development shall be in conformance with all aDDlicable
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 ACRD shall repair existing utilities damaged by the applicant. The
aDDlicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days
prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (mare 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 vv�iting
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 fi•om 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 b t�pplicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with ACED 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.
Reardon RZ, PP & VAC PAGE 20
C. Legal Description and Exhibit Map
EXHIBIT A
DESCRIPTION FOR
PROPOSED REARDON SUBDIVISION REZONE
February 18, 2014
A PARCEL OF LAND BEING LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION AS RECORDED IN BOOK 86,
PAGE 9650, ADA COUNTY RECORDERS AND A PORTION OF THE ADJACENT RIGHT OF WAY OF WEST
CHERRY LANE, LOCATED IN THE NE Y OF THE NW Y IN SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST
OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY IDAHO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M.;
THENCE S 89°40'23"E 1651.05 FEETALONG THE NORTH LINE OF SAID SECTION 10 TO THE INTERSECTION
OF SAID NORTH LINE AND THE WEST LINE OF HEARTHSTONE SUBDIVISION EXTENDED, THE REAL POINT
OF BEGINNING OF THIS DESCRIPTION;
THENCE S 89°40'23" E 228AS FEET ALONG THE SAID NORTH LINE TO A POINT;
THENCE S 01°06'06" W 148.39 FEET ALONG THE BOUNDARY OF LOT 2, BLOCK 1, HEARTHSTONE
SUBDIVISION EXTENDEDTO A POINT,
ALONG THE BOUNDARY OF SAID LOT 2 THE FOLLOWING;
THENCE S 03°5846" E 30.50 FEET TO A POINT;
THENCE S 89°37'13" E 106.31 FEET TO A POINT;
THENCE S 00°15'53" W 165.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE N 89°36'30 W 332.64 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2;
THENCE N 00°06'09" W 344.44 FEET ALONG THE WEST LINE OF SAID LOT 2, BLOCK 1 EXTENDED TO THE
REAL POINT OF BEGINNING OFTHIS DESCRIPTION, CONTAINING 2.20 ACRES, MORE OR LESS,
Reardon RZ, PP & VAC PAGE 20
NOTES
1. ALL BEARINGS AND DISTANCES ARE CALCULATED PER
PLAT OF HEARTHSTONE SUBDIVISION RECORDED IN BIC
86 PG. 9650 ADA COUNTY RECORDERS.
2. EXISTING ZONE R-4, PROPOSED R-8.
EXHIBIT A
EXHIBIT
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LEGEND
A MEASUREMENT POINT
— —
— — REZONE BOUNDARY
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SUBDIVISION BOUNDARY
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— -- — EASEMENT LINE;
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EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone 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 rezone 2.20 acres to the R-8 zoning district. The Council finds
that the proposed map amendment is generally consistent with the NIDR 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-8 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 that was 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 (1TDC 11-513-3.E).
The Council finds rezoning this property with an R-8 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 are in general conformance with the
comprehensive plan (please see Section 8 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;
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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. ACRD considers road safety issues in their analysis.
The Council considered all 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
may consider 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.
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