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HomeMy WebLinkAboutWilkins Ranch Village Subdivision Pud AZ-00-016BEFORE THE MERIDIAN CITY COUNCIL C/C 09-05-00 IN THE MATTER OF THE ) APPLICATION OF STEINER ) DEVELOPMENT, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 10.19 ACRES FOR WILKINS ) RANCH VILLAGE ) SUBDIVISION, LOCATED ) SOUTH OF USTICK ROAD ) AND EAST OF BLACK CAT ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-00-016 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 August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Bfiggs Engineering, Inc., and no one appeared and testified in opposition, 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. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 2000, before the City Council, the first publication appearing and Written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 15, 2000, public heating; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-016) evidence. 2. 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-i. 3. 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 Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10.19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Will<ins Ranch. 6. The owner of record of the subject property is Louis J. Steiner, of Atwater, Calif6rnia. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R-T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrdNS RANCH VILLAGE PUD (AZ-00-016) a single-family ~residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R-T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian: 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48-Lot Planned Single-Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-016) jurisdiction, pu,blic fadlities and services required by the proposed development will not impose expense upon the public if the follOwing conditions of development are imposed: Adopt the Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessou, building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian wallcevays FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILl(INS RANCH VILLAGE PUD (AZ-O0-O16) throughout the City. As a condition of annexation, the developer shall be required to construct the wallcway and three-foot-high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 16.9 Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to 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. 16.11 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. 16.12 The proposed knuckles located at the north and south end of S agefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WlLI(JNS RANCH VILLAGE PUD (AZ-O0-016) Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way d~dicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilklns Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 16.18 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrdNS RANCH VILLAGE PUD (AZ-00-016) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 Construction, use and property development shall be in cmfformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 16.2I The responsibility of the applicant shall be 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. 16.22 Applicant shall be required to call DIGLINE at least t~vo full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 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 roles, 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. 17. 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. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ-O0-OI6) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and nrust 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. 19. 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 ~vith 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. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILICdNS RANCH VILLAGE PUD (AZ-00-016) Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient conununity is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. .20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-016) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian ComPrehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's envirom~ental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area polities, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrdNS RANCH VILLAGE PUD (AZ-00-016) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Plamfing Area. 4.3 4.4 4.5 4.6 4.7 To encourage the ldnd of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 4.9 4.10 To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for sendces. To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIC, JNS RANCH VILLAGE PUD (AZ-00-016) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3c 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 Spaces, Parks and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § ! 1-7-2 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) units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City: is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC./ WILKINS RANCH VILLAGE PUD (AZ-00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authoitity to place conditions upon the annexation of land. See Burr vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. 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. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides, in part, as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commiunent concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-O16) owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however~ an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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 10.19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 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 enter into a Development Agreement that provides in the event the conditions therein 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrdNS RANCH VILLAGE PUD (AZ-O0-016) Adopt the Reconunendation of Planning and Zoning Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 3.4 Any conditions attached to a Final Development Plan for Planned Development projects mn with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkwvays throughout the City. As a condition of amxexation, the developer shall be required to construct the walkway and three-foot-high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent tO the pedestrian walkway lot. FINDINGS OF~ FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILl(iNS RANCH VILLAGE PUD (AZ-00-016) 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48-feet of right-of-way from the centerline of Ustick 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3.9 3.10 Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. COnstruct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to 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. 3.11 3.12 3.13 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. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the lmucldes. 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 - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILl(INS RANCH VILLAGE PUD (AZ-00-016) 3.14 3.15 3.16 3.17 3.18 3.19 3.20 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. L~t access restrictions, as required with the application, shall be stated on the final plat. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 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 plan. Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISIQN AND ORDER GRANTING APPLICATION FOR ANNEXA,TION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrdNS RANCH VILLAGE PUD (AZ-00-016) 3.21 The responsibility of the applicant shall be 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. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to brealdng ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event anyACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 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 re~strictions 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. 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 D. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-0 ! 6) 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 of c.~fl ~ ~ ,2000. ROLL CALL COUNCILMAN RON ANDERSON day VOTED COUNCILMAN KEITH BIRD VOTED__~ COUNCILMAN TAMMY deWEERD VOTED~-~ COUNCILMAN CHERIE McCANDLESS VOTED._~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ-00-016) MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED MOTION: APPROVED~~DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. msg/Z:\Work~History~vl\M¢~dian\Wilkin s Ranch AZO16 CUP040 PP~AZFfCIsOrder,wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIrGNS RANCH VILLAGE PUD (AZ-00-016)