HomeMy WebLinkAboutSheridan Place Subdivision AZ~E~~EIVED
MAY 142004
City Of Meridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
KEVIN DINIH$
dDLIE KLEIN FISCHER
CHRISTYIPHER D. GARRERT
Wm. F. GIGRAY, IH
T. GDV Hncum *"
SILLS. HDLINKA
SoxN R. KORMAMx"
WILLL4M A. MORROW
WILI.un-I F. Nlcxols **
CANYON PARKAT THE IDAHO CENTER
57ao E. FRANKLIN RD., SUITE zoo
NAMRA, IDAxo 83689-79oL
- TEL (zo8)466-9292
FAx (zo8)466-g4o5
CHRISTOPHER S. NPE
PHILIP A. PETERSON
ToooA. R05531.4N
TERRENCER WHITE***
" Also admitted in CA
"" Also admitted in OR
""" Also admitted in WA
May 11, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: CMD, INC. /ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT /
ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY
ORDINANCE COVER LETTER /REVISED AZ-03-029
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of May 4, 2004, and which are on an
upcoming Council agenda. I have also attached the original ofthe Development Agreement for the owner(s)
and/or developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact and
Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Agreement as Exhibit "B". ARer the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted, then please place this ordinance on the City Council agenda. This ordinance should
(Urantine Application for Rezone are adopted. AC1U1t10nally, 1 nave enctoseG a ~umml
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Coun
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
V ery truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Ivlelidian 15360IMSheridan Place Sub AZ-03A29 PP-03-036 CUP-03-060\FFCL DEV AGMT ORD Clerk Ltr OS 1104.dac
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/04/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 26.48 ACRES
FOR PROPOSED SHERIDAN
PLACE SUBDIVISION, LOCATED
ON THE NORTH SIDE OF
McMILLAN ROAD,
APPROXIMATELY 1/8 MILE EAST
OF LOCUST GROVE ROAD,
MERIDIAN, IDAHO
CMD, INC.,
APPLICANT
Case No. AZ-03-029
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 May 4, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, Becky McKay, and Norma J. Enlow, 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 1 OF 17
ordinances codified at Titles 1 I 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 annexafion and
zoning is described in the application, is approximately 26.48 acres in size and is located on the
north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, 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. The primary difference between
the revised plans and the original submittal is the addition of 41ots along the southeast portion of
the project, which are accessed from Edinburgh Place Subdivision. The parcel that the four new
lots are on is currently under the same ownership as the balance of the project, but is considered
an "illegal lot split" by Ada County. The parcel was split from the existing residential parcel
immediately south that fronts on McMillan Road. The illegal lot split issue is currently in
litigation between the owner and Ada County. The issue has had a hearing, but is currently
awaiting a ruling from the judge.
4. The owners of record of the subject property are James and Diane Fuhnnan and
they have submitted notarized consent for the subject application. Applicant is CMD, Inc.
5. The property is presently zoned RUT (Ada County) and consists of agricultural
land and a rural residence.
6. The Applicant requests the property be zoned as R-8.
7. The subject property is bordered to the north by R-4, to the south by vacant land-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SFIERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 2 OF 17
proposed Settlement Bridge Subdivision zoned RUT, to the east by R-4, and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
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. There are significant existing trees that affect the consideration of this application.
11. Giving due consideration to the comments 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 Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
Existing Wells & Septic: Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells may be used for non-
domesticpurposes such as landscape irrigation.
Development Agreement: A Development Agreement (DA) shall be entered into between
the City of Meridian and the applicant and Idaho Power as part of the Annexation
application. The DA shall outline any special conditions placed upon the Preliminary Plat
and Conditional Use applications. It should also require sidewalks and amulti-use pathway
adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its
facility. (Per City Council action taken at their May 4, 2004 meeting.)
Ou arcel: The applicant shall submit a legal description for the outparcel (Parcel #
S0529336475) that can be used by the City to annex the parcel at a later date. The legal
description will be required to be submitted with the final plat application.
B. Adopt the Recommendations of ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIIVG APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 3 OF 17
Dedicate 48-feet ofright-of--way from the centerline (or 38-feet ofright-of--way from 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.
2. If the applicant dedicates 48-feet ofright-of--way from the centerline, construct a sidewallc
located a minimum of 41-feet from centerline.
OR
If the applicant dedicates 38-feet ofright-of--way, construct a 5-foot concrete meandering
sidewalk located within the landscape buffer and provide the District with an easement for
the sidewalk.
3. Construct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180-feet west of the east property line, as proposed.
4. Extend North Schubert Avenue from the north property line, as proposed.
5. Extend East Meadow Creek Drive from the east property line, as proposed.
6. Extend Redwick Drive from the east property line into the site, as proposed.
7. Construct a stub street to the west property line approximately 650-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED 1N THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet ofright-of--way, as proposed.
9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east
property line, as proposed.
10. Construct center islands/medians within the publicright-of--way of Schubert Way.
Provide a minimum of a 20-foot street section on either side of any proposed center island
within the public roadway. Construct the medians to be a minimum of 4-feet wide to
total a minimum of a 100-square foot area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 4 OF 17
11. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the final plat.
12. 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 frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construcfion 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 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 utilifies 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 5 OF 17
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 condifions of this approval shall be valid unless they aze in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
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 propertyunless awaiver/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 action of the City Council taken at their May 4, 2004 meeting as follows:
For clarification:
The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley,
regazding the vacation of the easement along the western boundary from McMillan
Road up to the property line, so this issue has been resolved between Mr. Buckley
and the applicant by private arrangements.
2. The applicant shall submit a revised Landscape Plan that shows that the portion of
Lot 9 Block 4 has now become a part of Lot 8 Block 4.
3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr.
Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for
resolution to those matters. Additionally, the applicant has been working with the
neighboring Home Owners Association presidents on their issues related to the
project.
D. The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which aze Preliminary Plat -Revised PP-03-035, and
Conditional Use Permit -Revised CUP-03-060.
12. It is found that the requested zoning designation of R-8 is harmonious with and in
accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 6 OF 17
single family residential project is shown as Medium Density Residential (3 to 8 d.u./acre). The
proposed density - 3.26 d.u./acre gross and 4.34 d.u./acre net are within the range designed by the
Comprehensive Plan. The Idaho Power substation site is designated as Public/Quasi Public on the
Future Lane Use Map and would be considered a "public service facility" in the zoning schedule of
use control, which is permitted with design review (PDR) in the R-8 zone per Ordinance 11-8-1.
Additional applicable policies from the Comprehensive Plan are detailed on page two (item 7) ofthe
applicants' letter regarding the annexation, and which letter is on file in the Meridian City Clerk's
office. The applicant's analysis is concurred by staff.
13. It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that the proposed single-family development would be allowed within the
requested R-8 zone.
15. It is found that the land to the north and east has been developed in a manner similar
to the proposed subdivision, with single-family residential subdivisions. Vienna Woods Subdivision
#1 to the north has a gross density of 2.9 d.u./acre. Edinburgh Place Subdivision #1 to the east has a
gross density of 3.1 d.u./acre. ACRD has reviewed the adjacent street capacity and has approved the
proposed subdivision with conditions.
16. It is found that the proposed use (single-family residential) will change the existing
character of the area, which is currently rural residential. However, the change is harmonious with
the properties to the north and the intended character envisioned by the Comprehensive Plan.
17. It is not anticipated that the proposed residental uses will be hazardous or disturbing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 7 OF 17
to future or existing neighbors, as long as landscaping, fencing and other recommended conditions
are exercised.
18. It is found that the subject property to be annexed maybe served adequately by all
essential public facilities and services. Water and sanitary sewer service are proposed to be extended
from existing main lines adjacent to the proposed development. Review of the Pazks, Police, Fire
Department comments, will provide further information regarding public services.
The Public Works Department has determined that an additional water supply is needed in
this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south
of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 15`
however it should be pointed out that there are no guarantees that this well will prove out, or that
water rights protests won't be filed. The Public Works Department is concurrently working on an
alternative that would provide fire flow to the area via piping from a lower pressure zone. It is
confident that this issue can be resolved. However, it is recommended that City approval of the final
plat be withheld until such time that the supply issue is resolved.
19. The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire and
police services, and the construction of a new municipal well in the vicinity. It is found that there
will not be excessive additional requirements at public cost and that the annexation and zoning will
not be detrimental to the community's economic welfare.
20. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. At ten
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 8 OF 17
vehicle trips per single-family residence, the proposed project is anticipated to generate 500 vehicle
trips per day. The fact is recognized that traffic and noise will increase with the approval of this
subdivision; however it is not felt that the amount generated will be detrimental to the public welfare
of the city.
21. According to the ACHD report, "The applicant is proposing to construct the main
entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east
property line. This roadway location meets District policy and should be approved with this
application". It is not believed that the subdivision will cause significant interference with traffic on
the sunounding public streets.
22. It is found that at least six existing mature trees will be removed to accommodate the
proposed entry road. Any existing trees larger than 4" caliper that are removed shall be mitigated
for, per the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the
City Arborist, Elroy Huff, prior to removal, mitigation will not be required for those trees. It is
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 fmal plat.
23. It is found that that annexation of this property would be in the best interest of the
City. The project is consistent with the Comprehensive Plan.
24. 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. 11, and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDNISION
(REVISED AZ-03-029)
PAGE 9 OF 17
25. It is also found that the development considerations as referenced in Finding No.
11 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
svicinity 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
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.
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 project follows the pertinent provisions of the City of Meridian Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 10 OF 17
Plan that aze applicable to this Application.
The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(R-8I 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 two-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 of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 11 OF 17
The applicant's request for annexation and zoning of approximately 26.48 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 26.48 acres. The legal description
shall be prepazed 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.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein aze 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 modified by the Commission as follows:
Existine Wells & Serotic: Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells may be used for non-
domesticpurposes such as landscape irrigation.
Development Agreement: A Development Agreement (DA) shall be entered into between
the City of Meridian and the applicant and Idaho Power as part of the Annexation
application. The DA shall outline any special conditions placed upon the Preliminary Plat
and Conditional Use applications. It should also require sidewalks and amulti-use pathway
adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its
facility. (Per City Council action taken at their May 4, 2004 meeting.)
Ou azcel: The applicant shall submit a legal description for the outpazcel (Parcel #
50529336475) that can be used by the City to annex the parcel at a later date. The legal
description will be required to be submitted with the final plat application.
B. Adopt the Recommendations of ACHD as follows:
1. Dedicate 48-feet ofright-of--way from the centerline (or 38-feet ofright-of--way from the
centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 12 OF 17
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. If the applicant dedicates 48-feet ofright-of--way from the centerline, construct a sidewallc
located a minimum of 41-feet from centerline.
OR
If the applicant dedicates 38-feet ofright-of--way, construct a 5-foot concrete meandering
sidewalk located within the landscape buffer and provide the District with an easement for
the sidewalk.
3. Construct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180-feet west of the east property line, as proposed.
4. Extend North Schubert Avenue from the north property line, as proposed.
5. Extend East Meadow Creek Drive from the east property line, as proposed.
6. Extend Redwick Drive from the east property line into the site, as proposed.
7. Construct a stub street to the west property line approximately 650-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet ofright-of--way, as proposed.
9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east
property line, as proposed.
10. Construct center islands/medians within the public right-of--way of Schubert Way.
Provide a minimum of a 20-foot street section on either side of any proposed center island
within the public roadway. Construct the medians to be a minimum of 4-feet wide to
total a minimum of a 100-square foot area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 13 OF 17
11. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the final plat.
12. 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 frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the constructoon 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 ACRD 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.
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 mad 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 14 OF 17
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 representafive of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
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 propertyunless awaiver/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 action of the City Council taken at their May 4, 2004 meeting as follows:
For clari£cation:
The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley,
regarding the vacation of the easement along the western. boundary from McMillan
Road up to the property line, so this issue has been resolved between Mr. Buckley
and the applicant by private arrangements.
2. The applicant shall submit a revised Landscape Plan that shows that the portion of
Lot 9 Block 4 has now become a part of Lot 8 Block 4.
3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr.
Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for
resolution to those matters. Additionally, the applicant has been working with the
neighboring Home Owners Association presidents on their issues related to the
project.
D. The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat -Revised PP-03-035, and
Conditional Use Permit -Revised CUP-03-060.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 15 OF 17
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
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 day of
2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 16 OF 17
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUN7'RF.F
COUNCILMAN KEITH BIltD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED:
MOTION:
APPROVED: DISAPPROVED:
VOTED
VOTED
VOTED
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the
City Attorney.
By: Dated:
City Clerk's Office
z:~w~~;m~u~f~;a~~ is3eomo r~ sin nz-03-ozs re-oaoas cam-0~o4az~eoaer.a~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-03-029)
PAGE 17 OF 17