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HomeMy WebLinkAboutSettlement Bridge Subdivision AZ-03-035 BEFORE THE MERIDIAN CITY COUNCIL CIC 02/24/04 CIC 03109104 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 70.64 ACRES ) FOR PROPOSED SETTLEMENT ) BRIDGE FROM RUT TO R-8, ) LOCATED ON THE EAST SIDE OF ) LOCUST GROVE, AND ON THE ) SOUTH SIDE OF McMILLAN ) ROAD, IN SECTION 32, ) TOWNSHIP 4 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-03-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAPITAL DEVELOPMENT, APPLICANT The above entitled annexation and zoning application having come on for public hearing on February 24,2004 and continued until March 9, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave Yorgason, and Gerald Clark, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGElOF30 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, is approximately 70. 64 acres in size and is located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are The John and Jeanne Tolk Trust, and they have submitted notarized consent for the subject application, and Capital Development, Inc. Applicant is Capital Development, Inc. 5. The property is presently zoned RUT (Ada County), and is currently vacant. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 7. The subject property is bordered to the north by Idaho Power Substation, currently zoned RUT (Ada County)lEdinburgh Place Subdivision (across McMillan Road), zoned R-4 (Ada County), to the south by Heritage Subdivision, zoned Rl (Ada County), to the east by Rural FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE2 OF 30 Residentiall Agricultural, zoned RUT (Ada County), and to the west by Havasu Creek Subdivision, zoned R-4. 8. The Applicant proposes to develop the subject property in the following manner: A residential subdivision with 266 buildable lots and 34 common lots. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The North Slough bisects the subject property and is a feature that will need to be protected. 11. The City Council recognizes the letter of concern ftom Darrell W. Brock dated February 3, 2004. 12. Giving due consideration to the comments received trom the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Existing Wells & S~tic: Any existing domestic wells and/or septic systems within this project will have to be removed trom their domestic service, per City Ordinance Section 5-7-517, when services are available trom the City of Meridian. Wells maybe used for non- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shaH be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 3 OF 30 and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way trom the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 198), if funds are available. OR Dedicate 38-feet of right-of-way trom the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a IO-foot asphalt pathway on McMillan Road in lieu of constructing as-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 4l-feet trom the centerline of McMillan Road. OR Construct a 5-footconcrete sidewalk on McMillan Road located a minimum of 4 I-feet trom FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE4 OF 30 the centerline of McMillan Road. If the sidewalk should meander outside of the right-of- way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and construct a minimum S-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet trom the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet trom the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately I,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 5 IS-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (trom McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (trom Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 5 OF 30 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum ofa IOO-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 6 OF 30 Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately lO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a IOO-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street trontages abutting the site shall be borne by the developer. 3. 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. 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 7 OF 30 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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 (1-800-342-1585) 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. 10. 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 ftom the Ada County Highway District. 11. 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 all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-O35) PAGE 8 OF 30 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 64, 5, 6, 7, 8, Block 1, Lot 30thru 36, Block 6 Lots 46 thru 50, 39 thru 43. II. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE9 OF 30 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ftom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers' Irrigation District as follows: I. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 10 OF 30 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement trom the developer and/or whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: I. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply ftom the low-pressure zone to the high-pressure zone by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 11 OF 30 (ClP) for road widening in 2015. Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site. It is also found that the subject site is proposed for development in a fashion similar to other properties in the area. 17. It is found that the proposed R-8 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is found that the proposed zoning/uses will adversely change the essential character ofthe area. 18. Due to other existing and proposed uses near the site, it is not anticipated that the proposed zoning/uses will be hazardous or disturbing to future or existing neighbors in the area. 19. The Meridian Fire Department submitted a list of conditions and needs, and said list is addressed above in 12.C. Water and sanitary sewer service are proposed to be extended ftom existing main lines adjacenUo the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 13 OF 30 staff ITom the Public Works Department are continuing to work on the location ofthe well site. This project went before ACHD's consent agenda on January 28, 2004, and ACHD, with site-specific and standard conditions, approved the subject development. Review of the ACHD report concerning this subdivision will provide further information. 20. The developer will be financing the extension of sewer, water, local street intrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare or odors. It is found that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. 22. The applicant is proposing to construct one public street entrance into the site trom Locust Grove Road, and one public street entrance into the site trom McMillan Road. If the two proposed vehicular approaches are approved by ACHD, it is not believed that the subdivision will create interference with traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 14 OF 30 23. It is found that there are some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance MCC 12- 13-13. There will need to be an adopted plan of how to protect the "grove" trees during demolition of the farm house and new construction near the grove. There should be tree protection zones established and fenced before demolition begins. The applicant shall work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. It is further recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final pial The applicant is proposing to relocate and leave the North Slough open abutting the site. It is believed that the North Slough is a scenic feature that should be protected. It is found that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove area is adequately protected and the North Slough is relocated in a manner that does not negatively impact its beauty. There is no awareness of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. 24. It is found that the annexation and zoning of this property to R-8 would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 15 OF 30 expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 30. The developer has agreed to reimburse the City for the cost of option #2 hereinabove, if this option is selected by the City. 31. Imposing a non-build agreement upon the development will provide the security to the City until such time as the water is available, and the non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 17 OF 30 Chapter VI, Goal III, Objective A, Action 3; and Chapter VII, Goal V, Objective A, Action 4. 5. The zoning of (R-8) MediumDensity Residential is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W, the City Council does berebyOrderand this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 18 OF 30 1. The applicant's request for annexation and zoning of approximately 70.64 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 70.64 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed trom their domestic service, per City Ordinance Section 5-7-517, when services are available trom the City of Meridian. Wells may be used fornon- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 19 OF 30 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way trom the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way ftom the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair rnarket value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. 2. Construct a IO-foot asphalt pathway on McMillan Road in lieu of constructing a 5- foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41- feet trom the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 4I-feet trom the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet trom the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 20 OF 30 sidewalk along Locust Grove Road, located a minimum of28-feet trom the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but constrnct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Constrnct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately I,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Constrnct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 5 IS-feet north of the south property line, as proposed. 6. Constrnct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Constrnct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required byDistrict policy. 8. Constrnct North Schumann Avenue (trom McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (trom Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Constrnct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Constrnct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 21 OF 30 Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. Construct the islandslmedians to be constructed a minimum of 4-feet wide to total a minimum of a IOO-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately lO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of lO-feet at the intersection of Locust Grove Road. (The island should be approximately IO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a IOO-square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 22 OF 30 19. Construct a left-turn lane on McMillan Road at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design ofthe taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street trontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE 23 OF 30 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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 DlGLINE (1-800-342-1585) 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. 10. 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 trom the Ada County Highway District. 11. 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 all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance ofthewater supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street. signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE24 OF 30 D. E. 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, BlockS Lot 16, 17, 18, 19,20,21, Block 6 4,5,6,7,8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to lirnited parking. 12. Parking shall be limited to one side on all 29' wide street sections. Adopt the RecommendationslComments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval trom appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE 25 OF 30 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers' Irrigation District as follows: I. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement trom the developer andlor whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations of the Meridian Parks Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE 26 OF 30 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: I. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9,2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply ITom the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road benefit trom this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 27 OF 30 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. By action of the City Council at its regular meeting held on the L of/... Ð"- day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE28 OF30 ~IZ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED ~ COUNCILMAN BILL NARY VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4-6-&4- VOTED - MOTION: APPROVED:+ DISAPPROVED:- Attest: Dated: PAGE29 OF 30 Z:IWorklMlMeridianlMeridian 15360MISett1ement Bridge Sub AZ-O3.Œ5 PP-o3-041 CUP-o3-G651AZF1CI&0rder,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-O3-035) PAGE30 OF 30