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HomeMy WebLinkAboutSundance Place AZ 02-016 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-22-02 Revised 11/26/02 IN THE MATTER OF THE ) APPLICATION OF G. L. VOIGT ) DEVELOPMENT, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 42.72 ACRES IN ) AN R-8 ZONE FOR THE ) PROPOSED SUNDANCE PLACE ) SUBDIVISION, LOCATED ON THE ) EAST SIDE OF MERIDIAN ROAD, ) Yz MILE NORTH OF USTICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 22,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 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 OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 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 42.72 acres in size, is located on the east side of Meridian Road, Yz mile north of Us tick Road, Meridian, all within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are G. L. Voigt Development, 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404 and David Bayless, 3860 N. Meridian Road, Meridian, Idaho; and the applicant is G. L. Voigt Development. 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-8, with the intent to develop 144 building lots and 5 other lots, including two open-space drainage lots, a micro-path lot, and landscape lots adjacent to Meridian Road, 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 by rural residential land, to the south by Sundance Subdivision, to the east by the proposed Heritage Commons Subdivision, and to the west by Cedar Springs. 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 Joint School District No.2 expressed in their letter of July 24, 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0I6) 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 35 feet of right-of-way from the centerline of Meridian 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 approximately 730 feet of 5 foot wide detached concrete sidewalk on Meridian Road located 2 feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Ifthe sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387- 3271 for guidelines. 3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential collector street with no front-on housing in alignment with Ashton Lane. District policy requires that this street segment be constructed as a 36 foot street section with curb, gutter, and 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) foot wide concrete sidewalks within 50 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that are east of Lezana Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 5. Streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street. 6. 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 54 feet of right-of-way plus the additional width of the median. 7. Construct a stub street to the property to the north, Etta Way, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 8. Construct a stub street to the property to the north, Pescado Avenue, as proposed and install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to the property to the east, Ashton Street, as proposed and install a sign at the terminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 10. Connect to the existing stub street that was approved with the Sundance Subdivision (located to the south of this site) as proposed. The street, Lewiston Avenue, shall be extended into this site. 11. Construct a center turn lane on Meridian Road for the main entrance intersection. The turn lane should 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 lanes with District staff. 12. Construct a right hand deceleration lane on Meridian Road for the main entrance intersection. Coordinate the design and construction of the lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0I6) 13. All landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Sundance Place Subdivision may be subject to an extraordinary impact fee. 15. No direct lot access to Meridian 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. 16. 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building pennit (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-0I6) 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 ofthis 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 confinnation 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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available 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 of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Final Approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum street widthof36'. 8. A 20' wide second means of access shall be provided on Block 7 or Block 5. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 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 ~31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. The applicant shall comply with the requirements set forth by Settler's Irrigation District. 2. A license agreement needs to be signed and recorded prior to construction. F. Adopt the action ofthe City Council taken at their November 19, 2002 meeting as follows: 1. Any drainage areas (detention! retention basins) must be designed to ensure that water is retained only during 100-year stonn events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 2. Provide a 10 foot Settlers Irrigation easement along the south side of those lots which adjoin the relocated and piped Parkins-Nourse Lateral. 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. 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 of the general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) 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 (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 ofthe City as follows: Goals Goal 4, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.m Transportation Chapter 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 the subject property would be rezoned in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 17. It is found that the proposed subdivision would be allowed within the requested R-8 zone. 18. Surrounding properties include rural residential properties and residential subdivisions. It is found that the requested zoning designation ofR-8 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 ofthe 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 properties. 22. It is 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 Meridian Road will create new interference with the existing traffic on Meridian Road, however, it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. 25. It isfound 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 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 Goal 4, Goal 8 Economic Development Chapter 3.m,3.2U Land Use Chapter 2.m FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0I6) Transportation Chapter 1.19U,1.14 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at ~ 11-7-2 D as follows: R-8 Medium Density Residential District: The purpose ofthe 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 areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to pennit the conversion oflarge 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 ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A 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 OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) 1. The applicant's request for annexation and zoning of approximately 42.72 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 42. 72 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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 ofthe 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 may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35 feet of right-of-way from the centerline of Meridian 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct approximately 730 feet of 5 foot wide detached concrete sidewalk on Meridian Road located 2 feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387- 3271 for guidelines. 3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential collector street with no front-on housing in alignment with Ashton Lane. District policy requires that this street segment be constructed as a 36 foot street section with curb, gutter, and 5 foot wide concrete sidewalks within 50 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that are east of Lezana Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 5. Streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street. 6. 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 54 feet of right-of-way plus the additional width of the median. 7. Construct a stub street to the property to the north, Etta Way, as proposed and install a sign at the tenninus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 8. Construct a stub street to the property to the north, Pescado Avenue, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 9. Construct a stub street to the property to the east, Ashton Street, as proposed and install a sign at the terminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 10. Connect to the existing stub street that was approved with the Sundance Subdivision (located to the south ofthis site) as proposed. The street, Lewiston Avenue, shall be extended into this site. 11. Construct a center turn lane on Meridian Road for the main entrance intersection. The turn lane should be constructed to provide a minimum of 1 00 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 12. Construct a right hand deceleration lane on Meridian Road for the main entrance intersection. Coordinate the design and construction of the lane with District staff. 13. All landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Sundance Place Subdivision may be subject to an extraordinary impact fee. 15. No direct lot access to Meridian 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. 16. 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 year 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 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) 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 pennit (or other required pennits), 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 mGUNE (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 387-6190in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns 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 confinnation 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available 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 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 3. Acceptance ofthe water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Pinal Approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36' . 8. A 20' wide second means of access shall be provided on Block 7 or Block 5. D. 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 ~31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. The applicant shall comply with the requirements set forth by Settler's Irrigation District. 2. A license agreement needs to be signed and recorded prior to construction. F. Adopt the action of the City Council taken at their November 19, 2002 meeting as follows: 2. Any drainage areas (detention! retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 2. Provide a 10 foot Settlers Irrigation easement along the south side of those lots which adjoin the relocated and piped Parkins-Nourse Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) 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-8) Medium Density Residential District, and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek 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 Jq+t.....- day of N W&YvdWl-> ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED-$- VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW" Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0l6) COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:~I- (q -02- VOTED MOTION: APPROVE~APPROVED: Copy. served upon Applicant, the Planning and Zoning Department, Publi~\:XV,~j,~,J;Jr~~ent and the CIty Attorney. ,,"'.. Of MfFr//"",1 ...' :."\""' Vi "".... J /U~~~h~\ By:df4~41f7J)-Dated: 11-26-p2-I" ~ \ City Clerk ~ SEAL =' ~ "<:, C'. - Q. ~ . Z:\WorklMlMeridianlMeridian 15360M\Sundance Place SubAZ02-016 PP02-01O\AZFfCl&Order.d'%, "0 u-s.,. ls1 ." f? /' "/.. -:..tJ ~ -,' " a \'V " '/1/1,'1_ OUr,rr'f . ' \\,,\' I;"ii . "';. \\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016)