HomeMy WebLinkAboutDrawbridge Sub AZ 02-019
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-15-02
IN THE MATTER OF THE )
APPLICATION OF PINNACLE )
ENGINEERS, INC., THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 5.01 ACRES FOR )
PROPOSED DRAWBRIDGE )
SUBDIVISION, LOCATED ON THE )
WEST SIDE OF TEN MILE ROAD, )
APPROXIMATEL Y Y. MILE )
SOUTH OF McMILLAN ROAD - )
4365 NORTH TEN MILE ROAD, )
MERIDIAN, IDAHO )
Case No. AZ-02-019
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 October 15, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Department, Clint Boyle, and Frank Johnson, 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
I. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993,
Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area
Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 5.01 acres in size, and is located on
the west side ofTen Mile Road, approximately Y. mile south of McMillan Road - 4365 North
Ten Mile Road, all within the Area ofImpact of the City of Meridian and the Meridian Urban
Service Planning Area.
4. The owners of record of the subject property are Lee and Jill Woodbury, 4365 N.
Ten Mile Road, Meridian, Idaho; and the applicant is Pinnacle Engineers, Inc., 12552 W.
Executive Drive, Suite B, Boise, Idaho.
5. The property is presently zoned by Ada County as RUT, and consists of vacant
land.
6. The Applicant requests the property be zoned as Rural Medium Density
Residential District (R-3), with the intent to develop 9 building lots and 4 other lots, which
include two landscape buffers and an open space/drainage lot, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as Agricultural/Rural Residential.
7. The subj ect property is bordered to the north, south and west by rural residential
land, and to the east by the proposed Bridgetower Subdivision.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
9. The City Council recognizes the concerns 'of Wendel Bigham, Joint School
District No.2, expressed in his letter of August 5, 2002.
10. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Well may be used for non-domestic purposes such as landscape
irrigation.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. 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 ofthe 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 the ACHD Ordinance in effect at that time
(curren tl y Ordinance # 19 5).
OR
Dedicate 38 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct approximately 330 feet of 5 foot concrete sidewalk on Ten Mile Road abutting
the parcel. If the sidewalk is located within 48 feet of right-of-way from the centerline,
the sidewalk shall be located within the new right-of-way from the centerline, the
sidewalk shall be located within the new right-of-way located 2 feet from the property
line. In no case shall the sidewalk be constmcted closer than 43 feet from centerline and
the Applicant shall provide an easement for the sidewalk.
3. Close the existing driveway on Ten Mile Road, located approximately 140 feet north of
the south property line, with landscaping, berming, temporary curbing, or other ACHD
approved method to prohibit access to the driveways, as proposed.
4, Construct Grand Rapids Drive as a 36 foot street section within 42 feet of right-of-way,
located approximately 200 feet north of the south property line. For the portion of the
sidewalk that meanders outside of the right-of-way, provide the District with an easement
for the sidewalk.
5. Constmct a stub street to the property to the north as proposed an install a sign at the
terminus ofthe roadway stating that "THIS ROAD WILL BE EXTENDED IN THE
FUTURE." Coordinate the sign plan for the stub street with District staff. Coordinate the
signage plan with District staff. The Applicant should provide a paved temporary
turnaround at the intersection of Grand Rapids Drive/ Upriver Avenue with a temporary
easement provided to the District as proposed.
6. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Drawbridge Subdivision may be subject to and extraordinary impact fee.
7. No direct lot access to Ten Mile Road is proposed and none is approved with this
application. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. 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 ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. 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.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. 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 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.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
II. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-0 19)
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart. Show all
fire hydrants within 500' ofthe project on the final plat.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for the internal road system.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards for base material.
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 ofthe
project.
9. Increase radii from 45' to 50' on temporary turnaround.
11. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No.1 0, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
12. It is also found that the development considerations as referenced in Finding No.
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 ofthe general vicinity, in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
13. It is found that the requested zoning designation, R-3, is harmonious with and in
accordance with the effective Comprehensive Plan (93') and Generalized Land Use Map, which
designates the land to be "Agricultural/Rural Residential".
14. It is not anticipated that there will be a future rezone of the subject property.
15. It is found that the proposed subdivision will be allowed within the requested R-3
zone.
16. It is found that the development of Bridgetower Subdivision to the east of the
subject property would dictate that the property should be residentially zoned as well. The
surrounding properties are all rural residential properties and residential subdivisions, and it is
found that the requested zoning designation ofR-3 is harmonious with the existing and planned
adjacent developments.
17. It is found that the proposed use (large lots, detached single family residential)
will not change the existing and intended rural/residential character of the area.
18. It is not anticipated that the proposed uses will be hazardous or disturbing to
future or existing neighbors.
19. It is found that the property to be annexed will be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
A}..'D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
adjacent properties. Applicant shall also be subject to City of Meridian Sanitary Sewer Trunk
Expansion fees, currently proposed at $815.00 per dwelling unit.
20. It is found that there will not be excessive additional requirements at public cost
for public facilities and that the annexation and zoning will not be detrimental to the
community's economic welfare.
21. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area.
22. It is found that the subdivision's vehicular approach off ofTen Mile Road will
create new interference with the existing traffic on Ten Mile Road, however, it is not believed
that the subdivision entrance will cause significant interference on the surrounding public streets.
23. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that
are removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that the annexation ofthis property would be in the best interest of the
City.
25. The subject annexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies of the Comprehensive Plan
ofthe City as follows:
Goals Section
Goal 4, Goal 8
Economic Development Chapter
3.m,3.2U
Land Use Chapter
2.m
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRA WBRIDGE SUBDIVISION
(AZ-02-019)
Transportation Chapter
1.19U, 1.14
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 government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No.
629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals Section
Goal 4, Goal 8
Economic Development Chapter
3.m,3.2U
Land Use Chapter
2.lU
Transportation Chapter
1.l9U, 1.14
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-0l9)
5. The zoning of Rural Medium Density District (R-3) is defined in
the Zoning Ordinance at ~ 11-7-2 B as follows:
CR-3) Rural Medium Densitv Residential District: The purpose ofthe R-3 District is to
permit the establishment of rural medium density single-family dwellings, and to delineate
those areas where predominantly medium density rural residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to protect the
integrity of medium density rural residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-3 District allows for a maximum of three (3)
dwelling units per acre and requires connection to the Municipal water and sewer systems of
the City.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho 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 ofthe 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:
I. The applicant's request for annexation and zoning of approximately 5.01 acres to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRA WBRIDGE SUBDIVISION
(AZ-02-019)
Rural Medium Density Residential District (R-3) is granted subject to the terms and conditions of
this Order hereinafter stated.
2. The application is for annexation and zoning of 5.01 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and
shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Well may be used for non-domestic purposes such as landscape
irrigation.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I. Dedicate 48 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. 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 the ACHD Ordinance in effect at that time
(currently Ordinance # 19 5).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
OR
Dedicate 38 feet of right-of-way from the centerline ofTen Mile Road abutting the parcel
by means ofa warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. 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 the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct approximately 330 feet of 5 foot concrete sidewalk on Ten Mile Road abutting
the parcel. If the sidewalk is located within 48 feet of right-of-way from the centerline,
the sidewalk shall be located within the new right-of-way from the centerline, the
sidewalk shall be located within the new right-of-way located 2 feet from the property
line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and
the Applicant shall provide an easement for the sidewalk.
3. Close the existing driveway on Ten Mile Road, located approximately 140 feet north of
the south property line, with landscaping, berming, temporary curbing, or other ACHD
approved method to prohibit access to the driveways, as proposed.
4. Construct Grand Rapids Drive as a 36 foot street section within 42 feet of right-of-way,
located approximately 200 feet north of the south property line. For the portion of the
sidewalk that meanders outside ofthe right-of-way, provide the District with an easement
for the sidewalk.
5. Construct a stub street to the property to the north as proposed an install a sign at the
terminus of the roadway stating that 'THIS ROAD WILL BE EXTENDED IN THE
FUTURE." Coordinate the sign plan for the stub street with District staff. Coordinate the
signage plan with District staff. The Applicant should provide a paved temporary
turnaround at the intersection of Grand Rapids Drive/ Upriver Avenue with a temporary
easement provided to the District as proposed.
6. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Drawbridge Subdivision may be subject to and extraordinary impact fee.
7. No direct lot access to Ten Mile Road is proposed and none is approved with this
application. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
8. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. 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 ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. 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.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe 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 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.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
11. 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart. Show all
fire hydrants within 500' of the project on the final plat.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for the internal road system.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards for base material.
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. Increase radii from 45' to 50' on temporary turnaround.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject of the
application to (R-3) Rural Medium 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~
11-21-1 in accordance with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
6-f:!:.
day of
!lovef?"-~
, 2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED ~tfL.-
COUNCIL WOMAN TAMMY de WEERD
VOTED ~
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED --ff!!!-~
COUNCILMAN WILLIAM L.M. NARY
VOTED*~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 1/- 6 -02-
VOTED -
MOTION: ~
APPROV~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRAWBRIDGE SUBDIVISION
(AZ-02-019)
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
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City Clerk
Z:\Work\M\Meridian\Meridian 15360M\Drawbridge Sub AZ02-019 PP02-015\AZFfCJ&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DRA WBRIDGE SUBDIVISION
(AZ-02-019)