HomeMy WebLinkAboutBrockton Subdivision AZ-04-010
BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/13/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 4.10 ACRES FOR)
PROPOSED BROCKTON )
SUBDIVISION FROM RUT TO L-O, )
LOCATED ON THE WEST SIDE OF )
LOCUST GROVE ROAD, )
APPROXIMATELY Y. OF A MILE)
NORTH OF USTICK ROAD, )
WITHIN SECTION 31, TOWNSHIP)
4 NORTH, RANGE 1 EAST, )
MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-04-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
CONFLUENCE MANAGEMENT,
LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on July 13, 2004, at the hour of 7:00 p.m., and Anna Borchers Canning Planning Director for the
Planning and Zoning Department, Becky McKay, Joe Canning, and Beverly Donohue, 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 BROCKTON SUBDIVISION
(AZ-O4-010)
PAGE 1 OF 19
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 4.10 acres in size and is located on the
west side of Locust Grove Road, approximately V. of a mile north of U stick Road, within Section
31, Township 4 North, Range 1 East, Meridian, Idaho, all within the Area ofImpact of the City
of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4.
The owners ofrecord of the subject property are Herbert and Cynthia Lee, and
Herbert Lee has provided notarized consent for the subject application. Applicant is Confluence
Management, LLC.
5.
The property is presently zoned RUT (Ada County), and there is an existing
residence with other outbuildings currently on the site.
6.
The Applicant requests the property be zoned as L-O (Limited Office).
7.
The Applicant proposes to develop the subject property in the following manner:
A commercial/office subdivision with ten (10) buildable lots.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDMSION
(AZ-O4-010)
PAGE 2 OF 19
8.
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 Mixed Use - Neighborhood.
10.
There are no significant or scenic features of major importance that affect the
consideration of this application.
11.
The City Council recognizes the approval letter for the project received from
Mike and Beverly Donahue dated July 13, 2004, and which is on file and placed within the
. public records with the City Clerk's office located at 33 East Idaho Avenue, Meridian, Idaho.
12.
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 Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION AND ZONING FACTS AND CONDITIONS
1.
The legal description submitted with the application meets the requirements of the
City of Meridian and the State Tax Commission.
2.
The subject property is within the Urban Service Planning Area. Essential City
services can be made available to the subject property.
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-domestic purposes such as landscape irrigation.
3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-O4-010)
PAGE 3 OF 19
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road,
located a minimum of 28-feet 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 Locust Grove Road, located a minimum of 28-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 Locust Grove Road, located at the back edge of the existing right-of-
way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with
Summerridge Drive on the east side of Locust Grove. The driveway shall be constructed
as a curb return type driveway with 15-foot radii. The driveway shall be paved its full
width and at least 30-feet into the site.
3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of ApDroval
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 may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-O4-0 10)
PAGE 4 OF 19
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
II. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C.
Adopt the Meridian Fire Department Recommendations as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-O4-010)
PAGE 5 OF 19
d.
Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
2. 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 an approved turn around.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
4. Provide a 20' wide Fire Lane for all internal & external roadways.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
7. Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of300'
apart.
8. The 10 office lots will have an unknown transient population and will have an unknown impact
on Meridian Fire Department call volumes. The Meridian Fire Department has experienced
2397 responses in the year 2003. According to a report completed by Fire & Emergency
Services Consulting Group our requests for service are projected to reach 2800 in the year 2005
and 3800 by the year 2010.
9. Maintain a separation of5' from the building to the dumpster enclosures.
10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide
signage "No Parking Fire Lane."
11. All processes & storage practices shall be required to comply with the International Fire Code.
12. All portions of the buildings located on this project must be within 150' ofa paved surface.
D.
Adopt the Recommendations of the Meridian Parks Department as follows:
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-O4-010)
PAGE 6 OF 19
2. Standard Plan for Protection of Existing Trees during Construction: The standard established
in the City of Meridian Landscape Ordinance will be followed.
E.
Adopt the Recommendations of the Settlers' Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facility involved is the White Drain (Parkins Nourse Drain) located at the north
property boundary flowing east to west. A 20' easement is required.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement must be on file prior to any approvals.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
13.
The 2002 Comprehensive Plan Future Land Use Map designates the subject property
as "Mixed Use - Neighborhood" with a Neighborhood Center. The purpose ofthis designation is "to
provide a blend of high-density residential, small-scale commercial, entertainment, office and open
space uses that are geared to serve all residents within a one to two square mile area. The centers
should offer an internal circulation system that connects with adjacent neighborhoods or regional
pathway(s). They will also serve as public transit locations for future park and ride lots, bus stops,
shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) It is found
that the requested L-O zoning generally conforms to this stated purpose and intent ofthe Mixed Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 7 OF 19
- Neighborhood designation (see Special Considerations below for further analysis).
It is also found that the following 2002 Comprehensive Plan text policies to be applicable to
this application:
. Chapter VII and pgs. 97-98
. Chapter IV, Goal I, Obj. A, #6
. Chapter VII, Goal I, Obj. B, #5
. Chapter V, Goal III, Obj. D, #5
. Chapter VI, Goal II, Obj. A, #3
. Chapter VII, Goal I, Objective B
The proposed and existing uses do provide a variety of commercial (office) uses in
this area, as envisioned with the Comprehensive Plan.
14.
It is not anticipated that the applicant intends to rezone the subject property in the
future.
15.
The applicant is proposing offices with the proposed L-O zone; professional offices
are a permitted use in the L-O zone.
16.
It is found that the annexation and zoning of Heritage (Quenzer) Commons,
Razzberry Crossing, the Charter High School, Summerfield Subdivision, and the recent construction
ofthe fire station directly south of this site, dictates that the subject property be similarly zoned and
developed. Additionally, ACHD recently improved and signalized the intersection of Locust Grove
Road at Ustick Road.
17.
It is found that any future uses, if designed, constructed and operated in accordance
with the submitted photos/elevations and adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character of the vicinity. The area is intended to be a mix
used area which, based on the Comprehensive Plan description, will have such uses as retail stores,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 8 OF 19
garden centers, restaurants, etc.
18.
It is found that the future uses on the subject property will not be hazardous or
disturbing to existing or future neighboring uses if the applicant complies with all the conditions of
this report. The existing single-family uses to the north, west, and southwest are less-intense uses
than the proposed office uses. It isbelieved that office uses are compatible adjacent to residential if
appropriate design measures are taken. Therefore, appropriate landscape buffers will be required
adjacent to all residential uses.
19.
It is found that the project can be provided sanitary sewer and water service via the
existing mains adjacent to the project site.
On May 5, 2004, the ACHD Commission voted to approve this development with site-
specific and standard conditions. Review of the ACHD report for this project will provide for
additional information.
On May 14, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. See detailed conditions from these agencies
at the end ofthis report. All other public services and facilities noted above appear to be adequate to
serve this property.
20.
The developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire and police services. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 9 OF 19
21.
It is estimated that this development will generate 393 vehicle trips per day. It is
recognized that traffic and noise will increase with the approval of this development; however, staff
does not believe that the amount generated will be detrimental to the general welfare of the public. It
is not anticipated that the proposed annexation and subsequent uses will create excessive noise,
smoke, fumes, glare, or odors. It is found that the proposed office zoning/uses will not be
detrimental to people, property or the general welfare of the area.
22.
It is found that any future use would impact the level and flow of traffic on the
surrounding streets to some degree. Sidewalk improvements to Locust Grove Road are required of
the developer to bring the facilities up to acceptable standards. The applicant should comply with
ACHD policies in order to preserve the capacity and movement on the adjacent roadways.
23.
It is found that the proposed development will not result in the destruction, loss or
damage of natural features.
24.
It is found that the annexation and zoning of this property would be in the best
interest of the City for the following reasons:
. increased property tax revenue;
. the project provides office services near existing residences;
. municipal services are available to the area; and
. the application substantially complies with the Comprehensive Plan.
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 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 BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 10 OF 19
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
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 11 OF 19
Comprehensive Plan and are applicable to this Application:
. Chapter VII and pgs. 97-98
. Chapter IV, Goal I, Obj. A, #6
. Chapter VII, Goal I, Obj. B, #5
. Chapter V, Goal III, Obj. D, #5
. Chapter VI, Goal II, Obj. A, #3
. Chapter VII, Goal I, Objective B
The proposed and existing uses do provide a variety of commercial (office) uses in
this area, as envisioned with the Comprehensive Plan.
5.
The zoningof(L-O) Limited Office is defined in the Zoning Ordinance at § 11-7-2 G
as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions ofa nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nomesidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665P2d 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 12 OF 19
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:
1.
The applicant's request for annexation and zoning of approximately 4.10 acres to
Limited Office District (L-O) is granted subject to the terms and conditions ofthis Order hereinafter
stated.
2.
The application is for annexation and zoning of 4.10 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION AND ZONING FACTS AND CONDITIONS
1.
The legal description submitted with the application meets the requirements of the
City of Meridian and the State Tax Commission.
2.
The subject property is within the Urban Service Planning Area. Essential City
services can be made available to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 13 OF 19
3.
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-domestic purposes such as landscape irrigation.
B.
Adopt the Recommendations of ACHD as follows:
Site SDecific Conditions of ADDroval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road,
located a minimum of 28-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 Locust Grove Road, located a minimum of 28-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 Locust Grove Road, located at the back edge of the existing right-of-
way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2.
Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment
with Summerridge Drive on the east side of Locust Grove. The driveway shall be
constructed as a curb return type driveway with IS-foot radii. The driveway shall be
paved its full width and at least 30-feet into the site.
3.
Direct lot access to Locust Grove Road is prohibited and shall be noted on the final
plat.
4.
Comply with all Standard Conditions of Approval.
Standard Conditions of ADDroval
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 may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 14 OF 19
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change 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 property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-0l0)
PAGE 15 OF 19
C.
Adopt the Meridian Fire Department Recommendations as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 \1," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
2. 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 an approved turn around.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
4. Provide a 20' wide Fire Lane for all internal & external roadways.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
7. Commercial and office occupancies will require a fire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300'
apart.
8. The 10 office lots will have an unknown transient population and will have an unknown impact
on Meridian Fire Department call volumes. The Meridian Fire Department has experienced
2397 responses in the year 2003. According to a report completed by Fire & Emergency
Services Consulting Group our requests for service are projected to reach 2800 in the year 2005
and 3800 by the year 2010.
9. Maintain a separation of 5' from the building to the dumpster enclosures.
10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide
signage "No Parking Fire Lane."
11. All processes & storage practices shall be required to comply with the International Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 16 OF 19
12. All portions of the buildings located on this project must be within 150' ofa paved surface.
D.
Adopt the Recommendations of the Meridian Parks Department as follows:
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard established
in the City of Meridian Landscape Ordinance will be followed.
E.
Adopt the Recommendations of the Settlers' Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facility involved is the White Drain (parkins Nourse Drain) located at the north
property boundary flowing east to west. A 20' easement is required.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement must be on file prior to any approvals.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (L-O) Limited Office 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 17 OF 19
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 inaccordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
-fi-..
27 ;...- day of
J~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~"L..-
COUNCILMAN BILL NARY
VOTED æ b ¡~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCKTON SUBDIVISION
(AZ-04-010)
PAGE 18 OF 19
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 7- 2- 7 ~t:)4-
MOTION:
VOTED-=-
Attest:
-JldL--Þ
By:,:ha J ~
City Clerk
Dated:
~~-o4
Z:\WorklMlMeridianlMeridian 15360MiJrockton Subdivision AZ-O4-O10 PP-O4-013 CUP-04-O12IAZFfCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BROCK TON SUBDIVISION
(AZ-04-01O)
PAGE 19 OF 19