HomeMy WebLinkAboutHighgate Subdivision AZ-03-019
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-14-03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 16.00 ACRES TO )
R-8 ZONE, FOR PROPOSED )
HIGHGATE SUBDIVISION, )
LOCATED ON THE EAST SIDE OF )
MERIDIAN ROAD, )
APPROXIMATELY y.; MILE )
SOUTH OF US TICK ROAD, )
MERIDIAN, IDAHO )
)
HARRIS HOMES, LLC, )
APPLICANT )
Case No. AZ-03-019
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on October 14, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, and Ashley Ford, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGElOF18
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, 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, is approximately 16.00 acres in size, and is located on the
east side of Meridian Road, approximately y.; mile south of Us tick Road, Meridian, Idaho, all
within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area
as defined in the Meridian Comprehensive Plan.
4. The parcel ofland is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property is Eagle Springs Investments, LLC.
The applicant is Harris Homes, LLC.
6. The property is presently zoned RUT (Ada County) and consists of agricultural
land and rural residences.
7. The Applicant requests the property be zoned as R-8 (Medium Density
Residential) .
8. The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development with a mix use of attached and detached
housing.
9. The Applicant requests zoning ofthe subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10. There are no significant or scenic features of major importance that affect the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 2 OF 18
consideration of this application.
11. 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 ifthe following conditions of development are imposed:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department 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. Wells maybe used for non-
domestic purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request. The
development agreement shall include all conditions of the preliminary plat and
conditional use permit/planned development.
B. Adopt the Recommendations of ACHD as follows:
I. Close the existing driveway with standard curb, gutter and sidewalk to match existing
improvements.
2. Construct one public roadway into the site from Meridian Road, as proposed, in
alignment with Claire Street on the west side of the roadway.
3. The submitted design proposes a 78-degree intersection angle. The applicant shall work
with staff to increase the angle of the intersection.
4. All public street shall meet the 125-foot offset requirement. A modification of policy is
approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet.
5. Construct all ofthe internal streets as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks within 50-feet of right-of-way, as proposed.
6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and
Lot 1, Block 4, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0l9)
PAGE 3 OF 18
7. Extend Baldwin Street into the site at the east property line between Lo I, Block 6 and
Lot 36, Block 3, as proposed.
8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and
Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
9. Center islands shall be designed with 21-foot street sections on either side of the center
island. The applicant shall dedicate sufficient right-of-way on either side of an island.
Coordinate the size and design of the center island with traffic services staff.
10. Any proposed 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.
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Avproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0l9)
PAGE 4 OF 18
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call mGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative 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 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 Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0l9)
PAGE 5 OF 18
5. Operational fire hydrants and temporary or pennanent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste
ways must be protected. The District's Finch Lateral courses along the south boundary.
This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable. All
municipal surface drainage must be retained on stie. If any surface drainage leaves the
site, the Nampa & Meridian Irrigation District must review drainage plans. Please
contact Donna Moore at 466-7861 for further information.
2. 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 the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0 19)
PAGE 6 OF 18
F. Adopt the Recommendations of the Meridian Parks Department as follows:
1. Construct pathway to recommended pathway standards.
12. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land
to be "Medium Density Residential". The Medium Density Residential designation allows for R-4
and R-8 zoning. All surrounding annexed properties on the east side of Meridian Road are also
zoned R-8.
14. It is not anticipated that the land to be annexed will be rezoned in the future; nor has
the applicant indicated a desire to rezone this property in the future.
15. It is found that the property will be developed in a manner that does not match the
standard requirements for the R-8 zone. However, the zoning request is accompanied by a planned
development request to allow reduced development standards including reduced lot sizes, reduced
frontage requirements, reduced setbacks, and reduced minimum house size and to exceed block
length requirements. If the planned development is approved, the area will be developed consistent
to the revised standards.
16. It is found that the surrounding area is developing with single-family residential
projects. Most of the land surrounding the subject property that has been annexed is zoned R-8.
Other surrounding properties are still in Ada County and are zoned RUT and R1. The density of the
proposed project is higher than some of the adjacent subdivisions, which were developed under the
R-8 standards without modification. It is very similar to the density and type of development found
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0 19)
PAGE 7 OF 18
in the adjacent Silhouette Subdivision, which was recently approved and should have construction
beginning soon.
17. It is found that the proposed uses (single family and single family attached residential)
match the intended character of the vicinity, as noted on the Future Land Use Map. It is also found
that the proposed residential structures can be designed and constructed in a manner that will be
harmonious with and appropriate in appearance with the existing and intended character of the
surrounding area. The approval of Silhouette Subdivision to the northwest ofthe subject property
altered the essential character ofthe area to include smaller lots and attached units.
18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
19. The Meridian Fire Department has submitted a list of conditions and needs in order to
adequately serve the project, and their conditions are listed in number 11 above. The ACHD
Commission acted on the application at their August 6, 2003 meeting, and their conditions are listed
in number 11 above. Water and sanitary sewer service to the project will be readily available from
Meridian Road.
20. If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire, police and school facilities and services. It is found that there will
not be excessive additional requirements at public cost and that the annexation and zoning will not
be detrimental to the community's economic welfare.
21. It is found that the proposed residential uses will not be detrimental to the surrounding
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0l9)
PAGE 8 OF 18
property values if the quality of products constructed match the elevations submitted with the
accompanying CUP application. It is also found that the proposed use will create additional traffic
on adjacent arterial roads. The ACHD report estimates that the proposed development will generate
720 additional vehicle trips per day. It is not anticipated the proposed use will create excessive
noise, smoke, fumes, glare, or odors.
22. Ordinance l2-4-2.E.l states that "streets shall intersect at ninety degrees (900) or as
closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (700). It
is found that the revised plat dated August II, 2003 has modified the intersection of Claire Street
with Meridian Road to be nearly 900; the prior version was 780. ACHD has approved the new
intersection angle.
It is found that the applicant has connected to the existing stub street in Bedford Place
Subdivision (Baldwin Street) and the approved stub location in Silhouette Subdivision (Richter
Avenue). It is further found that no stub should be required in alignment with Hawk Street, as it
would require a bridge over the South Slough and an unreasonable cost for the scale of the proposed
development.
23. It is found that the site has several existing mature trees surrounding the existing
homes, which are not depicted on the landscape plan. The site plan accommodates the existing trees
located along the South Slough, but does not accommodate any of the trees internal to the site. The
trees appear to be a mix of willow, oak and other species that may be considered a natural feature of
major importance, although some trees do contain some dead wood in them. The applicant should
coordinate with the City Arborist, Elroy Huff, at the Parks Department for a determination of any
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 9 OF 18
hazard trees that may be removed without mitigation per Ordinance 12-13-13-6. Any trees removed
without such a determination must be mitigated for per the same ordinance.
24. It is found that the annexation of this infill property would be in the best interest
of the City.
25. 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. 11, 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.
26. It is also found that the development considerations as referenced in Finding No.
11 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 ofthe 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0l9)
PAGE 10 OF 18
Meridian City Code S 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at S 11-7-2 D as follows:
(Ro8) 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 areas 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.
5. 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 Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
6. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 11 OF 18
Subdivision and Development Ordinance of the City of Meridian.
7. 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:
1. The applicant's request for annexation and zoning of approximately 16.00 acres in
size to Medium Density Residential (R-8) is granted subject to the terms and conditions ofthis Order
hereinafter stated.
2. The application is for annexation and zoning of 16.00 acres in size. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to meet 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 Comments and Recommendations of the Meridian Planning & Zoning
Department 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. Wells maybe used for non-
domestic purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-0 19)
PAGE 12 OF 18
2. A Development Agreement will be required as part of this annexation request. The
development agreement shall include all conditions of the preliminary plat and
conditional use permit/planned development.
B. Adopt the Recommendations of ACHD as follows:
1. Close the existing driveway with standard curb, gutter and sidewalk to match existing
improvements.
2. Construct one public roadway into the site from Meridian Road, as proposed, in
alignment with Claire Street on the west side of the roadway.
3. The submitted design proposes a 78-degree intersection angle. The applicant shall work
with staff to increase the angle of the intersection.
4. All public street shall meet the 125-foot offset requirement. A modification of policy is
approved for the Richter A venue/Southgate Avenue offset of approximately 100- feet.
5. Construct all of the internal streets as 36- foot street sections with curb, gutter and 5- foot
wide concrete sidewalks within 50-feet of right-of-way, as proposed.
6. Extend Richter A venue into the site at the north property line between Lot 5, Block 2 and
Lot 1, Block 4, as proposed.
7. Extend Baldwin Street into the site at the east property line between Lo I, Block 6 and
Lot 36, Block 3, as proposed.
8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and
Lot 29, Block 4, as proposed. Install a sign at the tenninus of the roadway stating that
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
9. Center islands shall be designed with 21-foot street sections on either side of the center
island. The applicant shall dedicate sufficient right-of-way on either side of an island.
Coordinate the size and design of the center island with traffic services staff.
10. Any proposed 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.
II. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 13 OF 18
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certifY all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, 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 387-6190 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 or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 14 OF 18
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or penn anent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost ofthis installation is to be
borne by the developer.
D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste
ways must be protected. The District's Finch Lateral courses along the south boundary.
This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable. All
municipal surface drainage must be retained on stie. If any surface drainage leaves the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 15 OF 18
site, the Nampa & Meridian Irrigation District must review drainage plans. Please
contact Donna Moore at 466-7861 for further information.
2. 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 the Central District Health Department as follows:.
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shaH be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the Recommendations of the Meridian Parks Department as follows:
1. Construct pathway to recommended pathway standards.
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, Meridian City Code S 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 S 11-21-1 in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 16 OF 18
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
5.f1..
day of
;.I(}verrv~
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED ~
COUNCILMAN WILLIAM L.M. NARY
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 17 OF 18
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /1- f:)- 03
VOTED
-
MOTION:
APPROVED: X
DISAPPROVED:
Attest:
SEAL
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Copy served upon Applicant, the Planning i<<irlU';mm%oPepartment, Public Works Department and
the City Attorney. "\\"""11/',,,
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By: J/dh~A-~~ted:
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION
(AZ-03-019)
PAGE 18 OF 18