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HomeMy WebLinkAboutMarlin Sub AZ 02-007BEFORE THE MERIDIAN CITY COUNCIL C/C 06-04-02 IN THE MATTER OF THE ) APPLICATION OF WINSTON ) MOORE, THE APPLICATION FOR ) ANNEXATION AND ZONING OF 40 ) ACRES FOR PROPOSED MARLIN ) SUBDIVISION, LOCATED NORTH ) OF 1-84 AND EAST OF SOUTH ) LINDER ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-007 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 June 10, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Jonathan Seel, and Tara Gorton, 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, subdivision and 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 40 acres in size, is located north of 1- 84 and east of S. Linder Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Kimball Properties Limited Partnership and Winston Moore of Boise; and the applicant is Winston Moore. The property is presently zoned by Ada County as RUT, and consists of vacant o land. 6. The Applicant requests the property be zoned as R-4, with the intent to develop 152 building lots and 5 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 7. The subject property is bordered to the north and east by City zoned residential land, to the south by 1-84, and to the west by Ada County residential property. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) o Adopt 1. o Submit a new legal description to the Public Works Department that includes all of the adjacent interstate right-of-way per the requirements of the City of Meridian and State Tax Commission. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. A Development Agreement is not required as part of this annexation request. the Recommendations of the ACHD as follows: Dedicate 48 feet for 615 feet tapering to 100 feet for approximately 700 feet to 1-84 of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed shall 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 a 5-foot-wide detached concrete sidewalk on Linder 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. The District shall require a license agreement for the landscape strip with the detached sidewalk. An agreement shall be approved prior to scheduling the final plat for signature. Construct the main entrance to the subdivision, West Verbena Drive, located 600 feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250 feet east) as a 42 foot street section within 60 feet &right,of-way with curb, gutter and 4-foot detached sidewalk, as proposed. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36- foot street sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50 feet of right-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot-wide concrete sidewalk within 50 feet of right-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) o Extend West Verbena Drive, an existing stub street; into the site at the west property line, that is a part of The Landing Subdivision, as proposed. Construct an ACHD-approved turnaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The mmarounds shall be constructed to provide a minimum tuming radius of 45 feet. The applicant shall also be required to provide a minimum of a 29~foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100-square-foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. 10. 11. 12. 13. 14. 15. Adopt Northwest comer of West Brown Trout Street and North Grayling Avenue. · Southwest comer of North Grayling Avenue and North Barracuda Avenue. · Southeast comer of North Roosterfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. · Southeast comer of North Bass Drive and West Silver Salmon Drive. · Northeast comer of West Brown Trout Street and North Black Marlin Drive. 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. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ComplY with all of the Standard Requirements of the Ada County Highway District listed in their report dated May 2, 2002. the Meridian Fire Department Recommendations as follows: 1. One- and two-family dwellings shall require a fire flow of 1,000 gallons per minute available FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 9. The Meridian Fire Dept. shall support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This would limit the potential fire spread from building to building in those blocks. 10. Provide a fire hydrant on the extreme south end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer shall contact the fire marshal to work out the details of this installation. 11. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants, shall be placed an average of 400' apart. 1997 UFC Appendix III-A Adopt the Recommendation of the Water Department as follows: 1. That the 12" water main in Linder Road shall need to be extended from Waltman Lane to the south boundary of the development. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change / Site application shall be filed on the conditional use permit request. 2. The District's Kennedy Lateral courses along the east boundary of this project. All encroachments shall have approved plans and a signed License Agreement before FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) construction can begin. 10. 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. 9, 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. 11. It is also found that the development considerations as referenced in Finding No. 9 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. 12. It is found that the zoning of the subject real property as Low-Density Residential District (R-4) 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 Mixed/Planned Use Development. This classification allows for single- family residential uses, but only under a Planned Development application. Existing single- family uses abut the subject parcel on three (3) sides. The Generalized Lane Use Map does show a potential park and school site in this location, symbols which are intended to be "floating" in nature and would be encouraged should either the Parks & Recreation Department or school FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) district require facilities in this area. It is noted that neither the Parks and Recreation Department nor the school district have expressed a need or interest for facilities in this area. 13. It is found that the adjacent Landing Subdivision, platted and constructed within the past six years with standard City and ACHD improvements, would dictate that the abutting property be similary zoned and developed. The Hark's Comer commercial development at the southwest comer of Linder and Franklin, about ½ mile to the north, also provides neighborhood- type services within a reasonable distance from the site. The Comprehensive Plan also encourages infill parcels to be annexed and developed. 14. It is found that the general vicinity provides a mix of services and standard City- size and rural residential lots. The intended character of the vicinity, as noted on the Generalized Land Use Map, is for a mix of uses, including housing, and it is assumed that other cOmpatible, residential services would be permitted in the area as well. It is additionally found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. 15. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 16. It is found that the subject property will be served adequately by all essential public facilities and services, assuming the Meridian Fire Department responds favorably and considers this a servicable area. The Ada County Highway District has recommended approval of this project. Linder Road, Franklin to Cherry Lane, is scheduled for construction in 2007 (or later) as a 3-lane urban street. 17. It is found that there will not be additional requirements at public cost and that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDMSION (AZ-o2-oo7) annexation and zoning will not be deterimental to the community's economic welfare. 18. It is found that the proposed uses will create additional traffic, especially on Linder Road. However, it is believed that the increase in traffic will not be excessive. ACHD staff have determined that the existing road system should adequately accommodate the new traffic. It is not anticipated 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. 19. It is found that the proposed vehicular approach on Linder Road should not appreciably interfere with traffic on the surrounding streets, beyond which the roadway can handle. The existing stub street from The Landing Subdivsiion, W. Verbena Drive, will create additional traffic, but the majority of the traffic is anticipated to be westbound out of the subdivision, not through The Landing. Linder is a two-lane roadway with curb, gutter and sidewalk along the majority of the east side between the subject parcel and Franklin Road. A future overpass is planned but not scheduled, so all Linder traffic exiting the subdivision will be northbound only for the foreseeable future. 20. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. 21. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types and lot sizes, providing a high percentage of improved open space for future city residents, an innovative subdivision layout, and the development of an infill parcel of land. 22. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 4, Goal 8 Economic Develooment: 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U, 5.9, 5.12 Community Design: 1.3, 1.4, 2.3U, 6.2U, 6.11U Transoortation Chaoter: 1.19U, 1.18 23. The property can bc physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the rca1 property being contiguous or adjacent to city boundaries and that said property lies within thc 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. Thc 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 4, Goal 8 Economic Develooment: 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U, 5.9, 5.12 Community Desien: 1.3, 1.4, 2.3U, 6.2U, 6.11U Transoortation Chaoter: 1.19U, 1.18 5. The zoning of Low-Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Densitv Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low-density, single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page lo AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) 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 40 acres to Low- Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 40 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 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. Submit a new legal description to the Public Works Department that includes all of the adjacent interstate right-of-way per the requirements of the City of Meridian and State Tax FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o~,-oo7) o Adopt 1. o Commission. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. A Development Agreement is not required as part of this annexation request. the Recommendations of the ACHD as follows: Dedicate 48 feet for 615 feet tapering to 100 feet for apProximately 700 feet to 1-84 of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed shall 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 a 5-foot-wide detached concrete sidewalk on Linder 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. The District shall require a license agreement for the landscape strip with the detached sidewalk. An agreement shall be approved prior to scheduling the final plat for signature. Construct the main entrance to the subdivision, West Verbena Drive, located 600 feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250 feet east) as a 42 foot street section within 60 feet of right-of-way with curb, gutter and 4-foot detached sidewalk, as proposed. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36- foot street sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50 feet of right-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot-wide concrete sidewalk within 50 feet of right-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) o o Extend West Verbena Drive, an existing stub street; into the site at the west property line, that is a part of The Landing Subdivision, as proposed. Construct an ACHD-approved tumaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The tumarounds shall be constructed to provide a minimum turning radius of 45 feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100-square-foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. 10. 11. 12. 13. 14. 15. Adopt · Northwest comer of West Brown Trout Street and North Grayling Avenue. · Southwest comer of North GraYling Avenue and North Barracuda Avenue. · Southeast comer of North Roosterfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. · Southeast comer of North Bass Drive and West Silver Salmon Drive. · Northeast comer of West Brown Trout Street and North Black Marlin Drive. 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. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of the Standard Requirements of the Ada County Highway District listed in their report dated May 2, 2002. the Meridian Fire Department Recommendations as follows: 1. One- and two-family dwellings shall require a fire flow of 1,000 gallons per minute available FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-ooT) for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum street width of 37'. UFC 902.2.1 8. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. The Meridian Fire Dept. shall support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This would limit the potential fire spread from building to building in those blocks. 10. Provide a fire hydrant on the extreme south end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer shall contact the fire marshal to work out the details of this installation. 11. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A Adopt the Recommendation of the Water Department as follows: 1. That the 12" water main in Linder Road shall need to be extended from Waltman Lane to the south boundary of the development. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The District's Kennedy Lateral courses along the east boundary of this project. All encroachments shall have approved plans and a signed License Agreement before construction can begin. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low-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 qZ7t~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD day of VOTED~---~-F-~ VOTED ~,-' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7) COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED_~F-<~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APpROvED:/r~~D~I SAPPRO VED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ....-' Z:XWorkXU~idi~,X~.ddi~n m~O~in S,~Z-02-O0* PP-02-O08 CU~-O2-O~O~Z~ ~.~ XO~,,,e FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION (AZ-o2-oo7)