HomeMy WebLinkAboutCastlebrook Sub AZ 02-020
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION OF CRESTLINE
DEVELOPMENT, LLC, THE
APPLICATION FOR ANNEXATION
AND ZONING OF 39.96 ACRES
FOR PROPOSED CASTLEBROOK
SUBDIVISION, LOCATED ON THE
EAST SIDE OF BLACK CAT ROAD,
Y, MILE SOUTH OF CHERRY
LANE, MERIDIAN, IDAHO
C/C 10-15-02
Case No. AZ-02-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on October 15, 2002 at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Department, Kevin Amar, Shawn Nickels, Brad Watson, and Susan Wildwood, appeared
and testified, .and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code gg 67-6509 and 67-6511, and Meridian City Code gg 11-15-5 and 11-16-1.
2. 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.
FINDINGS OFF ACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
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 39.96 acres in size and is located on
the east side of Black Cat Road, Y, mile south of Cherry Lane, Meridian, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area.
4. The owners of record ofthe subject property are Bernard 1. McFadden and the
Bernard 1. McFadden Life Estate, 950 N. Black Cat Road, Meridian, Idaho; and the applicant is
Crestline Development, LLC, 416 E. 1st Street, Meridian, Idaho 83642.
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 R-4, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as Mixed Residential.
7. The subject property is bordered to the north by Coral Creek Subdivision, to the
south and east by Rural Residential land, and to the west by Rural Agricultural land.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
9. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No.2, expressed in his letter of July 31, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
upon the public ifthe following conditions of development are imposed:
A Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Remove any existing domestic wells and! or septic systems within this project will have
to be removed 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 Nampa & Meridian Irrigation District as
follows:
I. The District requires that a Land Use Change/ Site application be filed.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the N amp a & Meridian Irrigation
District must review drainage plans. The developer must comply with Idaho Code g31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
C. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Black Cat 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 #195).
2. Construct 5-foot (minimum) concrete sidewalk on Black Cat Road abutting the site. Locate
the sidewalk 2-feet within the new right-of-way. If the sidewalk meanders outside of the
right-of-way, provide an easement for the sidewalk.
3. The Applicant shall comply with ACHD's approved conditions pertaining to Gillette Street
and the single access onto Black Cat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
4. The Applicant shall comply with ACHD's approved conditions pertaining to Hearst Drive
and the single access onto Black Cat.
5. Construct West El Gato Road to intersect Black Cat Road at the half-mile, as proposed.
6. Construct all local roadways to align or offset a minimum of 125-feet from another local
roadway (measured centerline to centerline).
7. Construct all of the internal roadways as 36-foot street sections with curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way, as proposed.
8. Construct El Gato Street as one half of a 36-foot street section with vertical curb, gutter and
5-foot concrete sidewalk, plus 12-feet of additional pavement within 42-feet of right-of-way.
The applicant should also restrict direct access to El Gato Street. This restriction should be
noted on the final plat.
9. Extend Golfview Way at the north property line, as proposed.
10. Construct a stub street, Bolt Street, to the east property line approximately 560-feet north of
the south property line and install a sign at the terminus of the roadway stating that, "TIllS
ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct an acceptable turnaround at the terminus of Glamorgan Place. Coordinate the
design of the turnaround with District staff and submit a letter showing that the jurisdictional
Fire District has reviewed and approved the alternative turnaround.
12. 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.
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 years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
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 are 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 mGLINE (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 or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 ofthe Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards, with a minimum clear
street width of20'. All 29' wide streets have restricted parking to one side. All 33' wide
street sections shall also be posted no parking on one side to prevent encroachment ofthe
required clear width of 20'.
8. The phasing plan may require that any roadway greater that 150' in length that is not
provided with an outlet shall be required to have a turnaround.
9. Phasing of the subdivision that may result in access being provided by a single access
point serving greater than 30 homes will require a secondary access point.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
13. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water quality.
14. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
11. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
12. It is also found that the development considerations as referenced in Finding No.
10 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character ofthe general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
13. It is found that the zoning ofthe subject real property as Low Density Residential
District (R-4) requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the zoning is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Residential.
14. The subject annexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies of the Comprehensive Plan
ofthe City as follows:
Goals:
Goal 4, Goal 8
Economic Development Chapter:
3.1U,3.2U
Land Use Chapter:
2.1U
Transportation Chapter:
1.19U, 1.14
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
15. It is found that the requested zoning designation, R-4, is harmonious with and in
accordance with the effective Comprehensive Plan (93 ') and Generalized Land Use Map, which
designates the land to be "Mixed Residential".
16. It is not anticipated that the applicant intends to rezone the subject property in the
future.
17. It is found that the proposed subdivision will be allowed within the requested R-4
zone.
18. It is found that the surrounding properties include rural residential properties and
residential subdivisions. It is also found that the requested zoning designation ofR-4 is
harmonious with the existing and planned adjacent developments.
19. It is found that the proposed uses (detached single family residential) will not
change the existing or intended character of the area.
20. It is not anticipated that the proposed uses will be hazardous or disturbing to
future or existing neighbors.
21. 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
adjacent propeliies. Additionally, the Fire Department is requiring no parking on one (1) side of
the 33" wide streets within the proposed Castlebrook Subidivision.
22. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
23. It is found that the proposed subdivision will not create excessive traffic, noise or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
other nuisances that would be detrimental to the general welfare of the surrounding area.
24. It is found that the subdivision's vehicular approach off of Black Cat Road will
create new interference with the existing traffic on Black Cat Road, however, it is not believed
that the subdivision entrance will cause significant interference on the surrounding public streets.
ACHD is requiring that the northern entrance into the subdivision (Gillette Street), be moved to
the south to accommodate ACHD policies. The applicant will be required to revise the site plan
to accommodate this change.
25. 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.
26. It is found that the annexation of this property would be in the best interest of the
City.
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 g 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
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 ofthe City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals:
Goal 4, Goal 8
Economic Development Chapter:
3.1U,3.2U
Land Use Chapter:
2.1U
Transportation Chapter:
1.19U, 1.14
5. The zoning of Low Density Residential District (R-4) is defined in
the Zoning Ordinance at g 11-7-2 C. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
public schools. The purpose of the R-4 District is to permit the establishment oflow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan of the City, and
to protect the incompatible nomesidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal water and sewer
systems of the City.
6. Since the annexation and zoning of land is a legislative fimction, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDMSION
(AZ-02-020)
ditches; and Section l2-5-2 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 LA W, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 39.96 acres to
Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of39.96 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 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:
l. Remove any existing domestic wells and! or septic systems within this project will have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
to be removed 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 Nampa & Meridian Irrigation District as
follows:
1. The District requires that a Land Use Change/ Site application be filed.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans. The developer must comply with Idaho Code g31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
C. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Black Cat Road abutting the par-
cel 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 #l95).
2. Construct 5-foot (minimum) concrete sidewalk on Black Cat Road abutting the site.
Locate the sidewalk 2-feet within the new right-of-way. If the sidewalk meanders outside
of the right-of-way, provide an easement for the sidewalk.
3. The Applicant shall comply with ACHD's approved conditions pertaining to Gillette
Street and the single access onto Black Cat.
4. The Applicant shall comply with ACHD's approved conditions pertaining to Hearst Drive
and the single access onto Black Cat.
5. Construct West E1 Gato Road to intersect Black Cat Road at the half-mile, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
6. Construct all local roadways to align or offset a minimum of 125-feet from another local
roadway (measured centerline to centerline).
7. Construct all ofthe internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalk within 50-feet of right-of-way, as proposed.
8. Construct El Gato Street as one half of a 36-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 42-feet of right-
of-way. The applicant should also restrict direct access to El Gato Street. This restriction
should be noted on the final plat.
9. Extend Golfview Way at the north property line, as proposed.
lO. Construct a stub street, Bolt Street, to the east property line approximately 560-feet north
of the south property line and install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
ll. Construct an acceptable turnaround at the terminus of Glamorgan Place. Coordinate the
design of the turnaround with District staff and submit a letter showing that the
jurisdictional Fire District has reviewed and approved the alternative turnaround.
12. 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.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction ofthe proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
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 are 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 mGLINE (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 or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject ofthis
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
ofthe 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.
D. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance ofthe water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 ofthe Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards, with a minimum clear
street width of 20'. All 29' wide streets have restricted parking to one side. All 33' wide
street sections shall also be posted no parking on one side to prevent encroachment of the
required clear width of 20'.
8. The phasing plan may require that any roadway greater that l50' in length that is not
provided with an outlet shall be required to have a turnaround.
9. Phasing of the subdivision that may result in access being provided by a single access
point serving greater than 30 homes will require a secondary access point.
E. Adopt the Recommendations ofthe Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
13. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
14. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
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
subj ect of the application to (R-4) Low Density Residential District, and Meridian City Code g 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 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)
mapping changes of the official boundaries and zoning maps as provided in Meridian City Code g
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 g 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 ofthis decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
~action ~f the City Council at its regular meeting held on the
Ve.tvvbVf , 2002.
/p-ft-
day of
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
VOTED --1fA
VOTED~
VOTED -
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM 1.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:--1.I-olo -02--
MOTION: ~
APPROVED~DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
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the CIty Attorney. """,01' MtR,""'I
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ByJl~~~~ Dated:
City Clerk
SEAL
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING/CASTLEBROOK SUBDIVISION
(AZ-02-020)