HomeMy WebLinkAboutFountain Park Subdivision AZ-01-004BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-01-01
IN THE MATTER OF THE )
APPLICATION OF DAVID )
WALDRON, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 16 ACRES FOR PROPOSED )
FOUNTAIN PARK )
SUBDIVISION, LOCATED AT )
THE SOUTHEAST CORNER OF )
LOCUST GROVE AND WILSON )
LANE, MERIDIAN, IDAHO )
)
Case No. AZ-01-004
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 May 1, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing on behalf of the
Applicant were David Waldron and Phil Hull, and no one appeared 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 AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page i
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for May 1, 2001, 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 ~vere 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 May 1, 2001, 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 evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-i.
3. The City Council talces judicial notice of its zoning, subdivisions 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 2
California.
7.
8.
vacant land.
9.
10.
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property, which is the subject of the application for annexation and
Zoning, is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 16 acres in size and is located at the
southeast corner of Locust Grove and Wilson Lane. The property is designated as
Fountain Park.
The owner of record of the subject property is Barbara Myall of Goleta,
Applicant is David Waldron of Boise, Idaho.
The property is presently zoned by Ada County as R-T, and consists of
The Applicant requests the property be zoned as R- 15.
The subject property is bordered by CG, RUT and R-40 zoning and city
limits of the City of Meridian are adjacent and abut to the north of the subject
property.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 3
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: 216 unit apartment complex.
14. The Applicant requests zoning of the subject real property as R-15
which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed Use.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
I6. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
16.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, and other items as required by the Com~nission or
Council.
16.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the parcel,
Page 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAiN PAR/( SUBDIVISION - (AZ-01-004)
16.3
16.4
16.5
16.6
16.7
16.8
16.9
except the Jackson Drain, shall be tiled per City Ordinance 12-4-13.
Plans shall need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. It is recognized by
the City that the Applicant proposes to keep the Jackson Drain open as
a project amenity.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes
such as landscape irrigation.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91 ) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
All signage in the proposed project shall be in accordance with the
standards set forth in Section 11-I4 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
16.10 All construction shall conform to the requirements of the Americans
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
with Disabilities Act.
16.11
Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing strrface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
16.12 All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code 31-3805.
Adopt the Recommendations of the Ada County Highway District as follows:
16.13
Dedicate 48-feet of right-of-way from the centerline of Locust Grove
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 requirement permits), whichever occurs first.
16.14
Construct a 5-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the right-of-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
16.15
Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
16.16
Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet and at least 30-feet beyond the edge of
pavement of Wilson Lane.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-Oi-O04)
Page 6
16.17
Construct a driveway on Locust Grove located a minimum of 150-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset 150-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
16.18
Construct a center turn lane on Locust Grove Road for the driveway
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
16.19
Locate any proposed gated entry a minimum of 50-feet from a public
road. Coordinate the location of any proposed gated entry with District
staff.
16.20 All utility and irrigation relocation costs associated with improving
street frontages abutting the site shall be borne by the developer.
16.21 Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association.
16.22 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited.
16.23 Additionally, Applicant shall comply with the ACHD's Standard
Requirements in their letter dated April 19, 2001.
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
will be protected, which requirement shall be included in a development agreement, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 7
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 High
Density Residential District (R-15) 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 Use.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-O 1-004)
Page 8
20.2
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subiect application.
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3
20.4
20.5
20.6
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient conmaunity is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Plarming Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
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 }udicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's 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.
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
To encourage the kind 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page i0
4.4
4.5
4.6
4.7
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
4. i Land Use
4.B
1.4U - Encourage new development that reinforces the City's
present development pattern of higher density development within
the Old Town area and lower density development in outlying areas.
1.SU - Promote the development of high-quality and
environmentally compatible residential areas that contain the
necessary parks, schools and commercial facilities to maintain and
form identifiable neighborhoods.
2.1U - Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, duplexes, apartments,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page i 1
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood
parks within all residential areas.
2.3U - Protect and maintain residential neighborhood property
values, improve each neighborhood's physical condition and
enhance its quality of life for residents.
6.8U - New urban density subdivisions which abut or are proximal
to existing rural residential land uses shall provide screening and
transitional densities with larger, more comparable lot sizes to buffer
the interface between the urban level densities and rural residential
densities.
Natural Resources and Hazardous Areas
1.1U - Identify and protect areas with special characteristics such as
stream corridors, canals, and wetlands.
2.1U - Development along major drainage ways will be restricted to
ensure that development does not cause additional ground or
surface water contamination.
3.1U - Manage and prevent unsuitable uses along drainageways and
protect the flood plains of creeks and drains.
Transportation
1.4U - Monitor and coordinate the compatibility of the land use
and transportation system.
1.20U - Encourage proper design of residential neighborhoods to
ensure their safety and tranquility.
Open Space, Parks and Recreation
2.5U - New subdivision development...will be considered as
opportunities to...Encourage the development of recreational open
spaces and parks as part of new planned developments.
Housing
I. 1 - ...provide for a wide diversity of housing types...in a variety
of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 12
1.4 - The development of housing for all income groups close to
employment and shopping centers shall be encouraged.
1.6 - Housing proposals shall be phased with transportation,
open space and public service and facility plans, which will
maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be
located near open space corridors or other permanent maior open
space and park facilities, and near major access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially in
areas of prominent visibility.
6.11U - Promote well-planned and well-designated affordable
housing in all Meridian neighborhoods.
5. The zonings of Medium High Residential District (R-15) is defined in the
Zoning Ordinance at § 11-7-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of
the R-15 District is to permit the establishment of medium-high density
single-family attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such districts must have
direct access to a transportation arterial or collector, abut or have direct
access to a park or open space corridor, and be connected to the Municipal
water and sewer systems of the City. The predominant housing types in
this District will be patio homes, zero lot line single-family dwellings,
townhouses, apartment buildings and condominiums.
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 possible
mixed/planned unit development.
7. Since the annexation and zoning of land is a legislative function, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page l3
has authority to place conditions upon the annexation of land. See Burr vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written 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
tal~e 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 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-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-Oi-O04)
Page 14
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 16
acres to Medium High Density Residential District (R-15) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 16 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:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
3.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, and other items as required by the Commission or
Council.
3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the parcel,
Page 15
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
3.3
3.4
3.5
3.6
3.7
3.8
3.9
except the Jackson Drain, shall be tiled per City Ordinance 12-4-13.
Plans shall need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. It is recognized by
the City that the Applicant proposes to keep the Jadcson Drain open as
a project amenity.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes
such as landscape irrigation.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
All signage in the proposed project shall be in accordance with the
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.IC
3.10
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
All construction shall conform to the requirements of the Americans
Page 16
with Disabilities Act.
3.11
Underground year-round pressurized irrigation shall be provided to ali
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.12
All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code 31-3805.
Adopt the Recommendations of the Ada County Highway District as follows:
3.13
Dedicate 48-feet of right-of-way from the centerline of Locust Grove
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 requirement permits), whichever occurs first.
3.14
Construct a 5-foot wide concrete sidewalk on Locust Grove Road
located 2-feet within the right-of-way. If the sidewalk meanders out of
the right-of-way, the applicant shall provide an easement.
3.15
Construct curb, gutter and a 5-foot wide concrete sidewalk and match
paving on Wilson Street. Construct Wilson Lane to one-half of a 40-
foot street section.
3.16
Driveways on Wilson Lane shall be located a minimum of 50-feet from
public street intersections. Pave driveways their full width of 24 to 30-
feet and at least 30-feet and at least 30-feet beyond the edge of
pavement of Wilson Lane.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDKON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 17
3.17
3.18
Construct a driveway on Locust Grove located a minimum of 150-feet
from any existing or proposed driveways or streets. Verify that the
driveway location is offset 150-feet from the approved driveway at
Locust Grove Place. The applicant is proposing to construct a median
in the driveway. The drive aisles on both sides of the median shall be a
minimum of 20-feet wide. Pave the driveway its full width and at least
30-feet beyond the edge of pavement of Locust Grove Road with 15-
foot radii abutting the pavement edge.
Construct a center turn lane on Locust Grove Road for the driveway
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.
3.19
Locate any proposed gated entry a minimum of 50-feet from a public
road. Coordinate the location of any proposed gated entry with District
staff.
3.20
3.21
All utility and irrigation relocation costs associated with improving
street frontages abutting the site shall be borne by the developer.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association.
3.22 Other than the access point specifically approved with this application,
direct lot or parcel access to Locust Grove Road is prohibited.
3.23 Additionally, Applicant shall comply with the ACHD's Standard
Requirements in their letter dated April 19, 2001.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-15) Medium High Density Residential
District, and Meridian City Code § 11-7-2 E.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 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 w/thin twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
of //~ R.~.-- ,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN Ird~ITH BIRD
t/,-~7'~ day
VOTED__~~-'-
VOTED_~&~
COUNCILWOMAN TAMMY deWEERD
VOTED~y___m''
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PAR.K SUBDIVISION - (AZ-01-004)
Page 19
COUNCILWOMAN CHERIE McCANDLESS
VOTED_~
MAYOR ROBERT O. CORRIE (TIE BREAIrd~R)
DATED: ~--/~---~2 /
VOTED
MOTION:
APPROVE .I~2~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By Dated: City Clerk ~ ff
!
\~xIPA_NTS40_PDCkqERVER_Z~Work~/l~Vieridian~Vleridian 15360M~ountain Park AZOI-O04 CUPO1-00;
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAVID WALDRON
FOUNTAIN PARK SUBDIVISION - (AZ-01-004)
Page 20