HomeMy WebLinkAboutWilkins Ranch Village 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 I 0.19 ACRES FOR WILICINS )
RANCH VILLAGE )
SUBDMSION, LOCATED )
SOUTH OF USTICK ROAD )
AND EAST OF BLACK CAT )
ROAD, MERIDIAN, IDAHO )
)
Case No. AZ-O0-O16
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 heating on August 15, 2000 and continued until September 5, 2000, at the
hour of 7:30 p.m., at the August 15, 2000 meeting Shaft 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 Shaft Stiles, Planning and Zoning Administrator,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page !
AND DECISION AND ORDER GRANTING APPLICATION
FOK ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-0!6)
appeared and testified, and appearing and testifying on behalf of the applicant was
Steve Arnold of Briggs 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 weelcs prior to said public heating
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 hearing; 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. /
WILICINS 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 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivision and
development ordinances codified at Tides 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, Ianuary 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 Fall.
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 Wilkins
Ranch.
6. The owner of record of the subject property is Louis J. Steiner, of
Atwater, Califdrnia.
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. /
WILKINS RANCH VILLAGE PUD (AZ-00-O 16)
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.
I 0. 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 thg 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. /
WILICINS RANCH VILLAGE PUD (AZ-00-016)
jurisdiction, pu~blic 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 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 PuNic 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 sidewallcs and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2..K.
16.4
16.5
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.
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.
16.6 The City has been experiencing problems with pedestrian walkways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION )kND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
16.7
throughout the City. As a condition of annexation, the developer shali
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 I0, Blod< 2, to prohibit the
construction of any fencing higher than three feet on the sides adjacent
to the pedestrian walkway lot.
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 fight-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 brealdng ground, in accordance
with Section 15 of ACHD Ordinance 4)193.
16.9
Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2 feet within the new fight-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 I00 feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with Distxict staff.
16.11
16.12
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 knucldes located at the north and south end of Sagefire
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILIrdNS RANCH VILLAGE PUD (AZ-00-016)
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
dedicated 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 Willdns 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 acrion 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
16.20
16.21
16.22
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.
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.
Applicant shall be required to call DIGLINE at least two 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 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.
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. /
WILIrdNS RANCH VILLAGE PUD (AZ-00-016)
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 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.
19. It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Mtmicipal 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.
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. /
WILl(INS RANCH VILLAGE PUD (AZ-00-O16)
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 SepAce 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 community 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 pattems of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, effidently 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
PIan 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. /
WILIrdNS RANCH VILLAGE PUD (AZ-00-O16)
CONCLUSIONS OF LAW
I. 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 govemment 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 environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I 1
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 Planning
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-suffident 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 pattems to insure that
revenues pay for services.
To create an Urban Service Planning Area which is visually
attractive, efficiently managed and dearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS 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
Communi .ty Design Chapter
Policies 1.8, 5.2U
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(R-8) Medium Densi.ty 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 Disttict 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 RAI¥CH VILLAGE PUD (AZ-00-O16)
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 authoi'ity to place conditions upon the annexation of land. See Burt 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
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.
I0. 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
commitment 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. /
WILICINS RANCH VILLAGE PUD (AZ-00-016)
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 o Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-O0-016)
Adopt the Recommendation 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-I-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.IC
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 walkways
throughout the City. As a condition of annexation, 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 fight-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 fight-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 tight-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
Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2 feet within the new tight-of-way line. Coordinate
the location and elevation of the sidewalk with District staff.
3.10
COnstruct a center turn lane on Ustick Road for the Willdns 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
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.
3.12
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 knuckles.
3.13
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. /
WILKINS RANCH VILLAGE PUD (AZ-00-OI6)
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.
Lot 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 $I10.00. 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 DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VII.LAGE PUD (AZ-O0-016)
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 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.
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 Coundl
the appropriat~ ordinance for the annexation and zoning designation of the real
property which is the subiect of the application to (R-8) Medium Density Residential
District, and Meridian City Code § I 1-7-2 D.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order, the engineering staff of the Public WorLs 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. /
WILICINS RANCH VILLAGE PUD (AZ-00-016)
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 Correct at its regular meeting held on the
of c~73 ~ ~ ,2000.
ROLL CALL :
COUNCILMAN RON ANDERSON
/ q ~- 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. /
WILIrdNS RANCH VILLAGE PUD (AZ-00-016)
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: C~'--/' <::~'ggO
VOTED
MOTION:
APPROVED ~~DISAPPROVED: __
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By: ~'/_~ff~_5 ,,~~ ~ Dated:
~L'~y' ~-lerk ' dr ~'
ms g/Z:\Work~listo~kM'xMeridian\Wilkina Ranch AZ016 CUP040 ppkAZFfClsOrd~r.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILI(INS RANCH VILLAGE PUD (AZ-O0-016)