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Tuscany Lakes AZ 02-005BEFORE THE MERIDIAN CITY COUNCIL C/C 06-18-02 IN THE MATTER OF THE ) APPLICATION OF GEM PARK II ) PARTNERSHIP AND FARWEST, ) LLC, FOR ANNEXATION AND ) ZONING OF 196.20 ACRES FOR ) TUSCANY LAKES SUBDIVISION, ) LOCATED WEST OF S. EAGLE ) ROAD AND SOUTH OF E. ) VICTORY ROAD, MERIDIAN, ) IDAHO Case No. AZ-02-005 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 18, 2002, at the hour of 6:30 p.m., and David McKinnon of the Planning and Zoning Department, Tom Kuntz of the Parks Department, Captain Bill Musser of the MPD, Fire Chief Kenny Bowers, Brad Watson of the Public Works Dept., Kent Brown, Patrick Dobie, Jim Allen, Sarah Groden, Herman Pullman, Doug Webb, Mary Morgner DeChambeau, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the .evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 1 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 of the application for annexation and zoning is described in the application, and is approximately 196.20 acres in size, is located west of S. Eagle Road and south of E. Victory Road, 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 Marty Goldsmith, Walter Simont, and Raymond Smith, Jean & Richardson Burnett Family Trust, which persons make up Farwest, LLC; and the applicants are Gem Park II Partnership of Meridian, Idaho and Farwest, LLC of Garden City, Idaho. 5. The property is presently zoned RT and consists of agricultural/residential uses. 6. The Applicant requests the property be zoned as R-4, with the intent to develop a planned development including single family lots, a school, and common/landscape 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 by city zoned R-4 property and rural/agricultural county zoned RUT property, and rural/agricultural county zoned RUT property to the south, east and west. 8. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 2 9. The City Council recognizes the concerns of Doug and Creta Webb of 1975 E. Victory Road, and Rex and Marla Young of 2950 E. Victory Rod, all of Meridian, Idaho. 10. 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: Essential City services are available to the subject property, however several water system additions are necessary to provide adequate service to the future elementary school site. The applicant has provided land for a new well to be located adjacent to Victory Road and the Ridenbaugh Canal. Remove any existing domestic wells and/or septic systems within this project from their domestic service per Meridian City Code. Wells may be used for non-domestic purposes such as landscape irrigation. o A development agreement shall not be required as part of this annexation request because the applicant has submitted a development plan with the annexation request (preliminary plat and conditional use permit). Adopt the Recommendations of the ACHD as follows: Site Specific Requirements: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 3 o o o 10. 11. 12. 13. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-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 median. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 4 15. 16. 17. 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 median. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-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 median. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a 1-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrians crossing located at the Ten Mile Creek Canal. 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. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. · South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. · South Pompei Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. · West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately x/2 of a mile east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 5 19. Install a sign at the terminus of the roadways 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. 20. Construct six knuckles~ as proposed. · West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. · There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the developer proposes a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any 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. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. 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. 26. Utility street cuts in pavement less than five years old are not allowed unleSs approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 6 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30.Comply with all Standard Requirements of ACHD listed in their report dated May 13, 2002. Adopt 1. Adopt 1. the Nampa & Meridian Irrigation District Recommendations as follows: Applicant shall apply for a Land Use Change Application to file with the Irrigation District. the Meridian Fire Department Recommendations as follows: 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. The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 7 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 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. 13. 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 Single Family Residential. 14. The subject annexation request and zoning designation and proposed 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 8 Economic Develooment: 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Desipn: 1.3, 1.4, 2.3U, 6.2U, 6.11U Transoortation Chaoter: 1.19U, 1.18 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. 16. It is found that there has not been a major change in the area that would dictate how the property is re-zoned. 17. It is found that the existing character of the general vicinity is single family residential, and rural/agricultural. The addition of the proposed subdivision will change the existing character of the area, but not the intended character of the area. The intended character of the vicinity, as noted on the Generalized Land Use Map, is single-family residential. It is 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. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors, other than anincrease in traffic concerns. 19. It is found that the initial phases of the residential portion of this project can be served adequately once the new Well 23, within the Silverstone project, is on line (fall 2002), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) and the 12-inch diameter main is extended under the Ridenbaugh Canal (fall 2002). New mains will need to be extended from the current point of terminus in Eagle Road just north of the McDonald Lateral, to the subdivisions southerly boundary line extended in Eagle Road, and in Victory Road from Eagle to the Ridenbaugh Canal, and in Locust Grove from Sherbrook Hollows to the southerly boundary line extended. It is also found that there will be problems providing adequate fire flows and pressures to the elementary school site without the addition of water supply. The City of Meridian currently owns land for a new well on the Eagle Road frontage near the Ridenbaugh Canal, however with the addition of the new well within the Silverstone project, approximately ½ mile north, this site is not the best location for additional supply in the area. The applicant has provided land for a new well site located adjacent to Victory Road and the Ridenbaugh Canal. It is found from previous modeling of the sanitary sewer system, that the subdivision can be adequately served. Fire- According to the Meridian Fire Department letter written in regards to the Tuscany Lakes application(s), the proposed annexation lays outside the five (5) minute response zone goal. The five (5) minute response goal is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Also refer to the Fire Department comments for additional information. Police- Comprehensive Plan, Public Services Chapter, 6.8 reads as follows: "Police protection within the city limits. .should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." With an estimated current population of 39,000+ and operating budget for only 46 sworn officers, the current ratio is approximately 1.1 officers per 1,000 residents. Also refer to the Meridian Police Department comments concerning this application for additional comments. Joint School District No. 2- The Meridian School District is operating over capacitY and the addition of the children from the proposed Tuscany Lakes Subdivision will have a significant impact on school enrollment. Also refer to the Joint School District No. 2 letter dated 3-18-02 for more detailed information. ACHD- ACHD submitted their report dated May 13, 2002 on the application, refer to FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 10 the report for more details to their requirements. 20. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the overall community's economic welfare. 21. It is found that the proposed residential use of the subject property will create additional traffic on Eagle, Locust Grove and Victory Roads. The project will have three main entrances, one on each of the aforementioned streets. The original plan for this subdivision did not include an access on Eagle Road. Other than traffic concerns, it is not anticipated that the proposed development will generate noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 22. It is found that the proposed vehicular approach on Victory Road does not align with the existing entry into Thousand Springs Subdivision, and should not significantly interfere with traffic on Victory Road. It is also found that the vehicular approaches on Locust Grove and Eagle Road will be designed in a manner that will not create interference with traffic on surrounding streets. 23. It is found that special attention will need to be given by the developer to ensure that no natural or scenic features of major importance will be lost or damaged by development of the proposed subdivision. It is also found that if the pathway system and open space/drainage areas are developed well the natural scenic features of the property may be enhanced. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 11 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 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: Goals Section: Goal 4, Goal 8 Economic Develooment: 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Design: 1.3, 1.4, 2.3U, 6.2U, 6.11U Transoortation Cha~ter: 1.19U, 1.18 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 Denistv Residential District: Only single-family dwellings shall be permitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 12 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 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 196.20 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 196.20 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page ! 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) 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: Essential City services are available to the subject property, however several water system additions are necessary to provide adequate service to the future elementary school site. The applicant has provided land for a new well to be located adjacent to Victory Road and the Ridenbaugh Canal. Remove any existing domestic wells and/or septic systems within this project from their domestic service per Meridian City Code. Wells may be used for non-domestic purposes such as landscape irrigation. o A development agreement shall not be required as part of this annexation request because the applicant has submitted a development plan with the annexation request (preliminary plat and conditional use permit). Adopt the Recommendations of the ACHD as follows: Site Specific Requirements: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. ° Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 14 o o 10. 11. 12. 13. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum ora 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 15 14. 15. 16. 17. ConstrUct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constrUcted a minimum of 4-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 median. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constrUcted a minimum of 4-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 median. ConstrUct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a 1 O-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will constrUct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrians crossing located at the Ten Mile Creek Canal. 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. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. ConstrUct six stub streets, as proposed. a. South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. b. South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. c. South Pompei Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. d. South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. e. West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 16 f. West Sicily Drive is proposed to stub to the east property line approximately ½ of a mile east of Eagle Road. 19. Install a sign at the terminus of the roadways 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. 20. Construct six knuckles, as proposed. a. West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. b. There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. c. There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. d. There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. e. There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. f. There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the developer proposes a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any 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. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 17 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30.Comply with all Standard Requirements of ACHD listed in their report dated May 13, 2002. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. 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. The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) 9. 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. 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 J)6~(~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD day of VOTED__~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 19 COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED "'~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~'" b----C2 ~.~ VOTED MOTION: APPROVE~~D'~ISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attomey. x,,,,, iiII Illlltl oF BCity Clerk t/ ¢ .~, Dated: ....- FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 20