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HomeMy WebLinkAboutRedfeather Estates Sub No. 2 AZRECEIVED APR 2 1 2004 City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 114.52 ACRES FOR PROPOSED REDFEATHER ESTATES SUBDIVISION N0.2 FROM RUT TO R-4 PLANNED DEVELOPMENT AND GG GENERAL RETAIL AND SERVICE COMMERICAL, LOCATED ON THE SOUTH SH)E OF USTICK ROAD,'/ MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, '/ MILE 50UTH OF USTICK, MERIDIAN, H)AHO PACKARD ESTATES DEVELOPMENT,LLC, APPLICANT Case No. AZ-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on Mazch 2, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Cazla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 1 OF 26 FINDINGS OF FACT 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 of the application for annexation and zoning is described in the application, is approximately 114.52 acres in size and is located on the south side of Ustick Road, '/< mile west of Cloverdale Road, and the east side of Eagle Road/SH 55, '/ mile south of Ustick, 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 Harry and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted notarized consent for Packard Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. S. The property is presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 2 OF 26 Residential) and C-G/24.23 acres (General Retail and Service Commercial). The subject property is bordered to the north by Heather Meadows Subdivision, pending Kissler annexation pazcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a turf farm, to the east by Briarwood, Dawson Meadows and Redfeather Estates No. 1 Subdivisions, and to the west by Perkins-Brown Subdivision and undeveloped land. 8. The Applicant proposes to develop the subject property in the following manner: 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning of the subject real property as R-4 and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: - Sherry and Harvey Hoff (letter dated 9/12/03) - J.P. Rolison (letter dated 9/1/03) - Charles and Josephine Altman (letter dated 9/3/03) - Fitzroy A. and Virginia Belcher (letter dated 9/4/03) - Hal and Michelle Broadhead (letter dated 9/3/03) - Gerald J. and Cathy L. Reeves (letter dated 9/3/03) - J.R. Nishioka (letter dated 9/1/03) - Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffries (letter dated 9/11/03) - Sue Piva (letter dated 12/4/03) - Michael Tyvand (letter dated 12/4/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 3 OF 26 12. Giving due consideration to the wmments received from 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it maybe extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use pemut process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to these same properties: Trans ortation Policies A licable to the B son/Schrammeck Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 4 OF 26 should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan aze adopted. • Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Develo ment Policies A licable to the B on/Schrammeck Annexation: • "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • In developments where multiple commercial and/or office buildings aze proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 5 OF 26 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123- feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from 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 Ustick Road, located a minimum of 23-feet from 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 Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street secfions with vertical curb, gutter and 4-foot detached concrete sidewallc (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately440-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 6 OF 26 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrian bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). * Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richazdson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out pazcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct anisland/median within the publicright-of-way of North, Grenadier Way (near the intersection of Ustick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the tumazounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 7 OF 26 area. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of--way, exchange the existing right-of--way, or improve the existing right-of--way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locafions shall be by the Meridian Fire Department which will be submitted to the Public Works Department. Al] curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 8 OF 26 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. €er~ke}~rejesf A public street connecfion will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. 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 from 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 9 OF 26 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 degadation. G. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners ofthe property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Tnxst) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation byposifioning the right-of--way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 10 OF 26 13. It is found that the requested zoning designations, R-4 and C-G, aze harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional for the proposed G-G property and Medium Density Residential for the R-4 property". 14. It is not anticipated that the applicant intends to rezone the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility for future development on the C-G proposed property. 15. It is found that the proposed single-family residential portion of the zoning amendment would be developed in a manner substantially consistent with the proposed R-4 zone and/or consistent with alloweable Planned Development uses. The applicant submitted a revised preliminary plat, planned development plan, and landscape plan forthe R-4single-family residential property, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanafion.) 16. It is found that the annexation, zoning and redevelopment ofpazcels to the north and east of this site (within Boise City limits) to medium density residential uses are similar to the proposed use and would be compatible. Recently there have been several lazger residential subdivisions, with densities similar to thoseallowed inthe R-4 zone that have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 11 OF 26 City of Boise. Providence Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and Redfeather Estates Subdivision #1 have all been approved for single-family residences in the vicinity of this site. An annexation and zoning application for a proposed C-G zone was approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed C-G property within the subject application. The arterial streets adjacent to this site, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. 17. It is found that the proposed use R-4 (single family residential) match the intended character ofthe vicinity. It is 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. It is also found that to ensure compatibility of the commercial azea, a Development Agreement shall be required which will help guide appropriate and harminous appeazances in the future. 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 it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed residential or commercial uses will be hazazdous or disturbing to future or existing neighbors, due to other existing and proposed uses in the vicinity of the site. 19. The Meridian Fire Department submitted a list of conditions and needs in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 12 OF 26 adequately serve the project, and said list is addressed within 12. D. hereinabove. Additionally, ACHD submitted their requirements, recommendations and conditions which aze addressed in 12.C. hereinabove. Water and sanitary sewer services are proposed to be extended from existing service lines in Ustick Road and near the South Slough, via Eagle Road. 20. 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. The developer will be financing the extension of sewer, water, local street infiastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. 21. It is found that the proposed residential and commercial zones/uses will not be detrimental to people, property or the general welfare of the area. The proposed uses on the subject property will create additional traffic on nearby arterial roadways. Washington Group International prepazed a traffic study for this site. As a result of the site build-out, Washington Group anticipates that traffic on the vicinity roadways are expected to increase as follows: traffic on Ustick Road, west of Duane Drive, may increase by 905 vpd; traffic on Ustick Road east of Grenadier Way may increase by 874 vpd; traffic on Cloverdale Road north of Granger Street may increase by 332 vpd; traffic on Cloverdale Road south of Granger Street may increase by 905 vpd. The intersection of Ustick Road/Cloverdale Road is currently operating at a LOS E with a delay of 56 seconds per vehicle. At build-out of the Redfeather Estates No. 2 site, the Ustick. Road/Cloverdale Road intersection is projected to continue operating at LOS E with a delay of 70 seconds per vehicle. The intersection of Cloverdale Road/Fairview Avenue is currently operating at a LOS F with a delay of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATIfER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 13 OF 26 112 seconds. At build-out of the Redfeather Estates No. 2 site, the intersection is projected to continue operating at LOS F with a delay of 112 seconds per vehicle. It is recognized that the traffic and noise will increase with the approval of this subdivision; however, it is 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. 22. ACRD has reviewed and recommended approval of the vehicular approach to the site from Ustick Road. The ACHD Commission approved the subject application and proposed vehicle approaches. Further, the applicant is proposing to extend stub streets that were originally approved and constructed to provide efficient access to the site, limiting the amount ofinterference with traffic on surrounding streets. Review of the ACHD report for this project will provide additional information. 23. A revised Landscape Plan was submitted and which Plan increased the landscaping along Ustick Road to 35 feet, it took out the very long street and seated a loop. Additionally, there will be pedestrian access from the current terminus ofBriarwood Drive to Briarwood Subdivision, as proposed, and to retain the existing maple tree. All trees that are removed from this site shall be mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the Planning and Zoning Department. The South Slough (Finch Lateral) crosses the subject property along the southwest comer of the proposed R-4 property. The Milk Lateral will be piped by the Applicant. The applicant is proposing to constmct a 10-foot wide paved mulfi-use pathway adjacent to the lateral as part ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 14 OF 26 development proposal for the Redfeather development. If all applicable agency design and treatment standazds aze complied with, it is found that the proposed pathway will not result in the destruction, loss or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby residents to enjoy the feature. There appeazs to be no other natural or scenic features ofmajor importance in the area that maybe affected the proposed rezone/uses. 24. It is found that the annexation rezone of this property 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 economic welfaze of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 15 OF 26 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: Chapter VI and Chapter VII. 5. The zoning of (R-4) Low Density Residential is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-41 Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan ofthe City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 16 OF 26 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho 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 LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 114.52 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 17 OF 26 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use pemut process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interoonnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VIn as applicable to these same properties: Transportation Policies Aoolicable to the Bryson/Schrammeck Annexation• "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 18 OF 26 New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by rninimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation • "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • In developments where multiple commercial and/or office buildings aze proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. C. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 19 OF 26 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123- feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from 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 Ustick Road, located a minimum of 23-feet from 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 Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrian bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 20 OF 26 * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to besemoved. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richazdson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center tum lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff: 15. Construct anisland/median within the public right-of-way of North Grenadier Way (near the intersection of Ustick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnazounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-squaze foot azea. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 21 OF 26 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum fuming radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of--way, exchange the existing right-of--way, or improve the existing right-of--way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standazd Conditions of Approval. 22. Per Christy Richazdson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian Ciry Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water 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 which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 fora around. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. A public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design ofthe gate with ACRD and the Meridian Fire Department. (Per action of the City Council meeting of Mazch 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hookup to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water afrer written approval from 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. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 23 OF 26 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. G. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and hma Mittleider, the Applicant resolved this situation by positioning the right-of--way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 24 OF 26 ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and (C-G) General Retail and Service Commercial 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 TAHINGS 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 maybe 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 maybe 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 ~ J ~~ day of ~~'Y/ ~ , 2004. FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 25 OF 26 ~_ . ~... ROLL CALL COUNCILMAN SHAUN WARDLE VOTED- COUNCILMAN BILL NARY VOTED~Gti. COUNCILMAN CHARLIE ROUNTREE VOTED~- COUNCILMAN KEITH BIRD VOTED MAYOR TAMMMY de WEERD (TIE BREAKER) VOTED DATED: y- - l d~ - O ~' MOTION: APPROVED: DISAPPROVED: Attest: G. Berg, Jr., Copy served upon Applicant, the the City Attorney. ,.;`,I an ~I~AL ~~-. ~' , P~~ ~\ ~iy \`~\ ~~ ~ \\~\ 3g`dffd'l'o$ingDepamment, Public Works Department and B ~,.~ Dated: City Clerk ~~~~~~~ Z:\WorkN4\Meridian\Meridiau 15360Mdiedfeather EstaCes Sub. No. 2 AZ-03-021 PP-03A24 CUP-03-0411AZFfC]&Ortler.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION N0.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 26 OF 26