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HomeMy WebLinkAboutHeritage Commons AZ FindingsBEFORE THE MERIDIAN CITY COUNCIL C/C 05-21-02 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORATION, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 76.16 ACRES ) FOR PROPOSED HERITAGE ) COMMONS, LOCATED ON THE ) WEST SIDE OF N. LOCUST ) GROVE ROAD BETWEEN E. ) MCMILLAN ROAD AND E. ) USTICK ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-006 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 21, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith - Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, 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 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, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 76.16 acres in size, is located on the west side of N. Locust Grove Road between E. McMillan Road and E. Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Eugene Quenzer of Meridian, Idaho; and the applicant is Brighton Corporation of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of agricultural land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 273 residential building lots and 17 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, south and west by Ada County zoned properties, and to the east by Meridian Charter High School, zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the concerns of Mr. and Mrs. Young dated March 11, 2002, Jim Moyer dated April 5, 2002, Leon Johnson dated April 9, 2002, and an undated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) letter from Michael and Beverly Donahue. 10. Giving due consideration to the comment 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: Adopt the Recommendations of the Planning and ZOning and Engineering staff as follows: Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required as part of this annexation request. o The City Council further recognize the clarification of the applicant in respect to Staff's comment H.on page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4- feet wide (maXimum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. o Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within the new fight-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) Construct the following roadways as 29-foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within 50ofeet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) b) c) d) e) 0 g) h) i) J) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, North Heritage Green Way: All segments, North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, North Legacy Common Avenue: All segments, East Troth Street: Legacy Common Avenue to Legacy Woods Avenue, East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, North Legacy Woods Avenue. All segments. 5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately 1,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e.. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. North Legacy Common Avenue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right-of- way, as proposed. a. The first proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. b. The second proposed alley is propOsed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. Any proposed landscape islands/medians within the public fight-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. 2002. Adopt Comply with all of ACHD's Standard Requirements listed in their report dated May 10, the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All taming radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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 turnaround. 8. The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 11. 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. 10, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-O06) economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 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. It is found that the proposed uses will create additional traffic, especially on Locust Grove and Ustick Roads. However, staff does not believe that the increase in traffic will be excessive. Staff does not anticipate that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 13. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the two proposed approaches on Locust Grove Road should not appreciably interfere with traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) on the surrounding streets. The north approach, E. Heron's Crossing drive, is an existing private road and the develper must not interfere With this ingress/egress easement that serves the existing property owners to the north. Should the new roadway be designed and constructed in such a way as to protect these owners, the future roadway should actually improve the accessibility and traffic flow on E. Heron's Crossing since it will be a wider street and be paved 15. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic DeveloPment: 1.1, 1.3, 1.5, 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U, 4.3U, 5.9,5.12, 5.13 Community Design: 1.3, 1.4, 2.1U, 2.3U, 6.2U 6.11U Transportation Chapter: 1.19U, 1.18 16. The property can be physically serviced with City water, but sewer service is dependent upon the extension of the White Drain Trunk, which is slated for construction this year. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this AppliCation: 4.A Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic Development: 1.1, 1.3, 1.5, 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U, 4.3U, 5.9, 5.12, 5.13 Community Design: 1.3, 1.4, 2.1U, 2.3U, 6.2U 6.11U Transportation Chapter: 1.19U, 1.18 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose oftheR-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling un/ts per acre. This District delineates those areas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 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). 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: 1. The applicant's request for annexation and zoning of approximately 76.16 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 76.16 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed bythe State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required as part of this annexation request. 3. The City Council further recognize the clarification of the applicant in respect to Staff's comment H.on page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove 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. 2. Construct the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 3. Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct the following roadways as 29-foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. ' Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately 1,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. North Legacy Common Avenue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right-of- way, as proposed. a. The first proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. b. The second proposed alley is proposed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements listed in their report dated May 1'0, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All taming radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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 turnaround. 8. The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 ,2002. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) day of VOTED VOTED_~ VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) DATED: MOTION: APPROVED:/.~%DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public City Attorney the Z:XWorkXM~efidian~efidian 15360M~Hefitage Co~ons AZ02-006 PP02-007 C~02-007~ZF~l&Order.(~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006)