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HomeMy WebLinkAboutBaldwin Park Subdivision AZ-01-027 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-19-02 IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT CO., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 77.9 ACRES FOR ) PROPOSED BALDWIN PARK ) SUBDIVISION, LOCATED 1/4 ) MILE SOUTH OF McMILLAN ) ROAD, EAST SIDE OF LINDER ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-OI-027 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 March 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Steve Arnold, and Dave Yorgason, 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 vvith all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II 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 77.9 acres in size, is located Y4 mile south of McMillan Road, east side of Under Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The ovvner of record of the subject property is Capital Development Corporation of Boise, Idaho; and the applicant is Ramon and Marilyn Y orgason of Boise, Idaho. 5. The subject property is currently zoned R-T and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop a single-family residential subdivision consisting of 272 dwellings, with approximately 10.2 acres of open space on 14 common lots, inclttding two pocket parks with a total of 2.57 acres, and .4 acres in 2 landscape buffer lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) designates the subject property as Single Family Residential. 7. The subject property is bordered on all sides by Ada County properties zoned RUT, although the future Bridgetower Subdivision is contiguous to the property on the northwest across N. Under Road. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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 expel'tse upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Under Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to proVide main connections to the White Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between ~he City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) ( At the north property line approximately 700 feet west of the east property line, as proposed; At the east property line approximately 100 feet south of the north property line, as proposed,; At tne east property line approximately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west property line; ana On the south property line approximately 500 feet west of the east property line. 2. Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. a. b. c. d. e. Special Notification to Applicant 3. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Under Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right-of-way from the centerline of Under Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. ,Allow up to 30 business days to process the right~of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 4 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 6. Construct a 5-foot wide detached concrete sidewalk on Under 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. 7. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed vvith 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum I2-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 l1l.edian. 8. Construct a protected left~turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. 9. 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- wav. " 10. West Monument Drive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 11. Construct a stub street that is located at the north property line approximately 700-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately I50-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 15. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. 16. The applicant shall be required to install a sign at the terminus of these 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 (if necessary) with District staff. 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. 18. The turnarounds shall be constructed to provide a mininmm 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 turnarounds. The medians shall be constructed a minimum of 4-feet vvide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus tl~e .additional width of the median. .. 19. 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. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. 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. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Under Road is prohibited. Lot access restrictions; as required with this application, shall be stated on the final 'plat. - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 25. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities within the right~of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-80.0-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations- 387 ~6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 27. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 28. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is grante9. pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow of 1,000 gallons per minute shall be 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 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 turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall .be built to Ada County Highway standards. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Parle Additionally, comply with the action of the City Council from their March 19, 2002 meeting as follows: 1. The typical Micro-path section is not approved as shown on the Preliminmy Plat. All drainage shall be maintained within the 7 LJ2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three~foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-pathwith drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 5. Within Settler's Irrigation District's letter dated March 19,2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15~foot-wide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 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 FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 9 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 12. 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. 13. 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: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1 U, 2.2U, 2.3U, 63.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 53 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 10 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Communitv Design Chapter Policies 1.8, 5.2U 14. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation. and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 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 ad<?Pted 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ~01-027) 4.A: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3,1.4, 1.7, 1.12, 1.13U, 1.18 COll1l11Unity Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R~8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has oris likely to, occur in accord with the Comprehensive Plan of the City and is also designed to permit th~ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 12 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 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 77.9 acres to Medium Density Residential District (R-8) is gralited subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 77.9 acres. The legal description shall be prepared by a Registered Land Surveyor, Ucensed by the State of Idaho, and shall conform to aU the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 158. The legal description for annexation must place this parcel contiguous to the Corporate City Umits 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, vvith the City of Meridian, which provides for the follovving conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall. be responsible for designing and installing a new 12-inch diameter water main in Under Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Developntent Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: f. At the north property line approximately 700 feet west of the east property line, as proposed; . . At t11e east prop~rty line approximately 100 feet south of the north property 11l1e, as proposed; . . . . At the east property line approximately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west propertyline; and On the south property line approximately 500 feet west of the east property fine. . g. h. i. J. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 14 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 2. Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. Special Notification to Applicant 3. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Under Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following-Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right~of-way from the centerline of Under Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of aU requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 6. Construct a 5~foot wide detached concrete sidewalk on Linder Road located 2- feet vvithin 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 7. Construct the main entrance to the subdivision, West Monument Drive, located 550~feet south of the north property line, as proposed. West Monument Drive shall be designed with 21-foot street sections on either side of a center median. The median 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 median. 8. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was subm.itted. The applicant shall coordinate the design and location with District staff. 9. 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. 10. West Monument Drive segments shall be designated as a collector roadway with no frant-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 11. Construct a stub street that is located at the north property line approximately 700-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately IOO-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately I50.feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line. approximately 750-feet east of the west property line. 15. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, ttTHIS ROAD WILL BE EXTENDED IN THE FUTUREIt. Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. 18. The turnarounds 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 turnarounds. 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. 19. Any proposed landscape islands/medians within the public right -of-way dedicated by this plat shall be owned and maintained by a homeowners associatioi1. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. 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. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Under Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 25. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities within the right~of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground \vithin ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 27. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District: The burden shall be upon the applicant to obtain written COnfirmation of any change from the Ada County Highway District. 28. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to selvice 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Parle Additionally, comply with the action of the City Council from their March 19,2002 meeting as follows: 1. The typical Micro-path section is not approved as shown on the Preliminary Plat. All drainage shall be maintained within the 7 Ih foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. 5. Within Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) easement, a minimum 15-foot-\vide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 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-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 S 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 S 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 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 I F f/~ V -- day of ~ ,2002. ROLL CALL COUNCILIvlAN KEITH BIRD VOTED$L-- COUNCILWOMAN TAMMY deWEERD VOTED tjec,"--, COUNCILWOMAN CHERIE Mc CANDLESS VOTED $\- COUNCILMAN WILLIAM L.M. NARY VOTED$'-- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4'-/6-192-- - VOTED MOTION: 1\\ APPROVE~ DISAPPROVED: -- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 1- ":'<; Bydf~p-~~. Dated 1-17-02-/' City Clerk ~ l:\Work\M\Meridian\Meridian 15360M\Baldwin Park Sub AlO 1-027 pro J -024 V ARO I-020\AlPfCl FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027)