HomeMy WebLinkAboutTully Cove Sub AZ 02-021BEFORE THE MERIDIAN CITY COUNCIL
C/C 11-06-02
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 5.26 ACRES AND
REZONE OF 2.40 ACRES FOR
PROPOSED TULLY COVE
SUBDIVISION, LOCATED WEST
OF NORTH CINDER ROAD
APPROXIMATELY % MILE
NORTH OF CHERRY LANE,
MERIDIAN, IDAHO
TED MASON,
APPLICANT
Case No. AZ-02-021
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 November 6, 2002, at the hour of 7:00 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Deparhnent, Ted Mason, and Lance Warnick, 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
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 I 1-16-1.
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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
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.
The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 5.26 acres in size (annexation) and
2.40 acres (rezone), and is located west of North Linder Road approximately %z mile north 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 of the subject property are Robert and Alinda Rainford, PO
Box 45233, Boise ID 83711; and the applicant is Ted Mason, 4915 Camas St., Boise, ID 83705.
The property is presently zoned by Ada County as RUT (south) and R-4 (north)
and consists of vacant land.
6. The Applicant requests the property be zoned as R-8, with the intent to develop 39
building lots (thirty-six (36) attached single family lots and three (3) detached single family lots)
and 10 other lots, including two (2) open-space/park lots and eight (8) landscape lots adjacent to
public right-of--way, which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Single-Family Residential.
7. The subj ect property is bordered to the north and west by Turtle Creek
Subdivision, to the south by Glenfield Manor Subdivision, and to the east by Tully Park.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
The City Council recognizes the concerns of Joint School District No. 2 in their
letter of August 12, 2002, and the letter of concern from Ron Mahan received by the Mayor's
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
office on November 4, 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:
1. 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. Wells maybe 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 45 feet ofright-of--way from the centerline of Linder 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 ACRD 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 ACRD 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. Provide a $11,200.00 deposit to the Public Rights-of--Way Trust Fund for the cost of
constructing 5 foot wide concrete sidewalk on Linder Road abutting the parcel
(approximately 560 feet). prior to the issuance of a building permit, or District approval of
a final plat, whichever occurs first.
3. Unless otherwise approved by District staff, construct Lonesome Dove Street, from the
west property line to Blue Springs Avenue, Tully Cove Way, Blue Springs Court, and
Blue Springs Avenue as local roadways with a 36 foot street section with curb, gutter, and
5 foot concrete sidewallc within 50 feet ofright-of--way as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
4. Except for the intersection of Raincrest Drive and Lonesome Dove street, which maybe
constructed with approximately 107 feet between centerlines, all local streets within the
subdivision shall align or offset a minimum of 125 feet from, any proposed public street
(centerline to centerline).
5. The residential turnarounds should be constructed to provide a minimum turning radius
of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot
street section on either side of any proposed center islands within the turnarounds. The
medians should be constructed a minimum of 4 feet wide to total a minimum of a 100
square foot area. Dedicate 50 feet ofright-of--way plus the additional width of the median.
6. Connect to the existing stub street that was approved with the Turtle Creek Subdivision
(located on the south side of this site) as proposed. The street, Lonesome Dove Street,
shall be extended into this site. Coordinate the design and construction of any bulb-outs
in Lonesome Dove Street with District staff.
7. Close the existing driveway on Linder Road, located approximately 140 feet north of the
south property line, with landscaping, berming, temporary cubing, or other ACHD
approved method to prohibit access to the driveway.
8. All landscape islands/medians within the public right-of--way dedicated by this plat shall
be owned and maintained by a homeowners association. Notes of this shall be required on
the final plat.
9. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Tully Cove Subdivision maybe subject to an extraordinary impact fee.
10. No direct lot access to Linder Road is proposed and none is approved with this
application. Direct lot or parcel access to Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
11. Comply with a115tandard 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 maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
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 ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho 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
hnpact Fee Ordinance.
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 teens 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.
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 awaiver/ 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
1. One and two family dwellings will require a fire flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All roads shall have a fuming radius of 28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times.
6. Operational fire hydrants and temporazy or permanent street signs aze required before
combustible construction begins.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed. Please contact Ms. Donna Moore, Assistant Secretary/ Treasurer, at
the District's main office at 466-7861.
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 §31-
3805. It is recommended that imgation water be made available to all developments
within the Nampa & Meridian Irrigation District.
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 welfaze 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.
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 appeazance with the existing, or intended character of the general vicinity, in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
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 of the subject real property as Medium Density
Residential District (R-8) requires connection to the Municipal Water and Sewer systems and
will be compatible with the Applicant's development intentions, and will assure that the zoning
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Single-Family Residential.
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
of the City as follows:
Goals:
Goa14, Goa18
Economic Development Chanter:
3.IU, 3.2U
Land Use Chapter:
2.1U
Transportation Chanter:
1.19U, 1.14
15. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan (93') and Generalized Land Use Map, which
designates the land to be "Single-Family Residential".
16. It is not anticipated that the applicant intends to rezone the subj ect property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
future.
17. It is found that the proposed single family residential subdivision will be allowed
within the requested R-8 zone.
18. Surrounding properties include residential subdivisions and a City Pazk. It is
found that the requested zoning designation of R-8 is harmonious with the existing and planned
adjacent developments.
19. It is found that the proposed uses (attached and detached single family residential)
will not change the existing or intended character of the area which is predominantly residential.
20. It is not anticipated that the proposed residential uses will be hazazdous 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 properties.
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
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 Linder Road will create
a new interference with the existing traffic on Linder, however, it is believed that the subdivision
entrance will cause significant interference on the surrounding public streets.
25. It is found that no natural or scenic features of major importance will be lost or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
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 § 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:
Goa14, Goa18
Economic Development Chapter:
3.1U, 3.2U
Land Use Chapter:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
2.1U
Transportation Chapter:
1.19U, 1.14
5. The zoning of Medium Density Residential (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(R-S) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those azeas where such development has
or is likely to occur in accord with the Comprehensive Plan of the City and is also
designed to permit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the Municipal water
and sewer systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
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 of the 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
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 5.26 acres in size
(annexation) and 2.40 acres (rezone) to Medium Density Residential District (R-8) is granted subject
to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of approximately 5.26 acres in size
(annexation) and 2.40 acres (rezone). 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.
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:
1. 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. Wells maybe used for non-domestic purposes such as landscape
imgation.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
1. Dedicate 45 feet ofright-of--way from the centerline of Linder 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDNISION (AZ-02-021)
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. Provide a $11,200.00 deposit to the Public Rights-of--Way Trust Fund for the cost of
constructing 5 foot wide concrete sidewallc on Linder Road abutting the parcel
(approximately 560 feet) prior to the issuance of a building permit, or District approval of
a final plat, whichever occurs first.
3. Unless otherwise approved by District staff, construct Lonesome Dove Street, from the
west property line to Blue Springs Avenue, Tully Cove Way, Blue Springs Court, and
Blue Springs Avenue as local roadways with a 36 foot street section with curb, gutter, and
5 foot concrete sidewalk within 50 feet ofright-of--way as proposed.
4. Except for the intersection of Raincrest Drive and Lonesome Dove street, which maybe
constructed with approximately 107 feet between centerlines, all local streets within the
subdivision shall align or offset a minimum of 125 feet from any proposed public street
(centerline to centerline).
5. The residential turnarounds should be constructed to provide a minimum turning radius
of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot
street section on either side of any proposed center islands within the turnarounds. The
medians should be constructed a minimum of 4 feet wide to total a minimum of a 100
square foot area. Dedicate 50 feet ofright-of--way plus the additional width of the median.
6. Connect to the existing stub street that was approved with the Turtle Creek Subdivision
(located on the south side of this site) as proposed. The street, Lonesome Dove Street,
shall be extended into this site. Coordinate the design and construction of any bulb-outs
in Lonesome Dove Street with District staff.
7. Close the existing driveway on Linder Road, located approximately 140 feet north of the
south property line, with landscaping, benning, temporary cubing, or other ACHD
approved method to prohibit access to the driveway.
8. All landscape islands/medians within the public right-of--way dedicated by this plat shall
be owned and maintained by a homeowners association. Notes of this shall be required on
the final plat.
9. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Tully Cove Subdivision maybe subject to an extraordinary impact fee.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
10. No direct lot access to Linder Road is proposed and none is approved with this
application. Direct lot or parcel access to Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
11. 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 maybe 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 Constmction 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 of Idaho 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
10. No change in the terms and conditions of this approval shall be valid unless they aze 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.
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 awaiver/ 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:
One and two family dwellings will require a fire flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. All access roads within the project shall have a cleaz driving surface with a minimum
width of 20' available at all times.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed. Please contact Ms. Donna Moore, Assistant Secretary/ Treasurer, at
the District's main office at 466-7861.
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 §31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation ofthe real propertywhich is the
subject of the application to (R-8) Medium Density Residential, 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
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 maybe adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~ day of
~DVPin~~ , 2002.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)
VOTED
VOTED-~
VOTED~~`-'
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT/D. CORRIE (TIE BREAKER) VOTED
DATED:~~'( ~'D?i
MOTION:
APPROVE DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney. `\~`;awunu,,,,r,r
B //- Zo-OZ ~ FQ
y' Dated: ~
City Clerk _ ~~~L `_
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/PROPOSED
TULLY COVE SUBDIVISION (AZ-02-021)