HomeMy WebLinkAboutLochsa Falls AZ 02-010 FFCL
Page 1 of I
Sharon Smith
From: Marlene St.George [ms@whitepeterson.COM]
Sent: Monday, December 16, 2002 9:28 AM
To: 'bergw@meridiancity.org'; 'greent@meridiancity.org';'Sharon Smith'
ec: 'Brad Hawkins-Clark'; Bill Nichols
Subject: Lochsa Falls REVISED Dev Agmt, AZ, PP, CUP Findings and Order
Good morning one and all. Attached you will find the revised above documents per communication between
Becky Bowcutl, Planning and Zoning, Public Works and our office. Therefore, due to additional revisions, these
documents should be replaced with any other Dev Agmt., Findings and the CUP Order. These will suffice as the
original documents. If you need anything further please let me know. Thanks, Marlene
RECEIVED
DEe 16 2002
City Of Meridian
City Clerk Office
12/16/2002
BEFORE THE MERIDIAN CITY COUNCIL
CIC 10-08-02
IN THE MATTER OF THE )
APPLICATION OF FARWEST LLC )
AND DANIEL GIBSON, THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 354.38 ACRES )
FOR PROPOSED LOCHSA FALLS )
SUBDIVISION, LOCATED SOUTH )
OF CHINDEN BLVD., WEST OF )
LINDER ROAD, NORTH OF )
McMILLAN ROAD AND EAST OF )
TEN MILE ROAD, MERIDIAN, )
IDAHO )
Case No. AZ-02-010
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 September 24, 2002 and continued until October 8, 2002, at the hour of7:00 p.m., and Steve
Siddoway of the Planning and Zoning Department, Mike Wardle, Wendell Bigham, Christie
Richardson, 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
1. 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
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.
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 354.38 acres in size, is located south
of Chinden Blvd., west of Linder Road, north of McMillan Road and east of Ten Mile Road, all
within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning
Area.
4. The owners of record ofthe subject property are Leroy E. Brandt, Elroy Brandt,
Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra Martin; and the
applicants are Farwest, LLC and Daniel Gibson.
5. The property is presently zoned by Ada County as RUT, and consists of vacant
land.
6. The Applicant requests the property be zoned as R-4, with the intent to develop
856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, I commercial
building, I city park, 1 private park, and I future fire station lot, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as primarily Single-Family Residential.
7. The subject property is bordered to the north by the Spurwing County Club and
the Brandt Subdivision, to the south by the Bridgetower Subdivision, and to the east and west by
rural residential land.
8. There are no significant or scenic features of major importance that affect the
consideration ofthis application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 I 0)
9. 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. Wells may be used for non-
domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or
lateral users association, with written confirmation of said approval submitted to the
Public Works Department.
3. A Development Agreement shall be required as part of this annexation request. A
condition ofthe development Agreement shall be that the Applicant participates in any
road infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perform the terms of such agreement or agreements.
B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action
to modify the requirements set forth herein.
Site-Specific Conditions of Approval
1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and
McMillan 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).
OR
Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and
McMillan Road abutting the parcel by means of a warranty deed. The right-of-way
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-01O)
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 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 a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile
Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-
way. Ifthe sidewalk is proposed to meander outside of the right-of-way, the applicant
shall provide an easement to the District.
3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road
approximately 1,100 feet east of the west property line (approximately at the half-mile).
4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located
approximately 1,350 feet north of the south property line (approximately the half-mile).
5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south
property line.
6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff
8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100
feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design ofthe turn lane with District staff.
9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek
Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff.
10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard
Creek Way. Coordinate the design of the taper with District staff.
11. Construct the internal local residential roadways as a 33 foot street with curb, gntter, and
4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on
both sides of the roadway contingent upon approval from the Meridian Fire Department.
12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot
concrete sidewalk within 54 feet of right-of-way abutting the commercial development
(approximately 350 feet).
13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with
curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access
restrictions for these street segments shall be stated on the final plat. Parking shall be
prohibited on these street segments. Coordinate the signage plan with District staff.
14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of
right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
OR
Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk
within 50 feet of right-of-way.
15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet
east of the west property line which meets District policy and should be approved with
this application.
16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way
approximately 420 feet north of McMillan Road extending to the west property line.
17. Construct two shared driveways (one extending east; one extending west) located on
North Dry Bar Avenue approximately 350 feet south of Chin den Boulevard.
18. Construct thirteen stub streets to the surrounding parcels.
. The Applicant is proposing to construct West Apgar Drive to the east property
line approximately 400 feet north of McMillan Road.
. The Applicant is proposing to construct West Wapoot Court to the east property
line approximately 1,100 feet north of McMillan Road.
. The Applicant is proposing to construct Parachute Hill Avenue to the south
property line approximately 600 feet east ofthe west property line.
. The Applicant is proposing to construct North Chimney Peak Avenue to the south
property line approximately 1,650 feet east ofthe west property line.
· The Applicant is proposing to construct West Cedar Grove Street to the east
property line approximately 650 feet north of the south property line.
. The Applicant is proposing to construct North Gertie Place to the north property
line approximately 100 feet west of the east property line.
. The Applicant is proposing to construct West Boulder Bar Street to the west
property line approximately 500 feet south of Chinden Boulevard.
. The Applicant is proposing to construct West Tango Creek Street to the west
property line approximately 1,025 feet south of Chin den Boulevard.
· The Applicant is proposing to construct North Powell Creek Avenue to the north
property line approximately 2,050 feet east of the west property line.
. The Applicant is proposing to construct West Glade Creek Street to the west
property line approximately 1,500 feet south of Chinden Boulevard.
. The Applicant is proposing to construct West Anatole Street to the west property
line approximately 2,350 feet north of McMillan Road.
. The Applicant is proposing to construct West Whitehouse Street to the west
property line approximately 1,800 feet north of McMillan Road.
. The Applicant is proposing to construct West Divide Creek Street to the west
property line approximately 1,025 feet north of McMillan Road.
19. Provide a paved temporary turnaround with a temporary easement provided to the District
at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a
sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the
design of the turnaround with District staff.
20. Any proposed landscape islandsl medians within the public right-of-way dedicated by this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0)
plat shall be owned and maintained by a homeowners association. Notes of this are
required on the final plat.
21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet
north of McMillan Road. The island within the knuckle shall be constructed a minimum
of 4 feet wide with a minimum area of 100 square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street
section. The design shall be reviewed and approved by ACHD's Planning and
Development staff.
22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek
Way and West Cayuse Creek Way with 21 foot street sections on either side of the center
island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional
width ofthe island. Coordinate the size and design of the roundabout with traffic services
staff.
23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
Applicant will 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 shall 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.
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. 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.
5. 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.
6. 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.
7. 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.
8. It is the responsibility ofthe Applicant to verifY all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call mGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
9. 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 confirmation of any change from the Ada County
Highway District.
10. 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 ofthe subject property unless a waiverl 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. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart.
3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount
required by the fire sprinkler demand.
4. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shall have a turning radius of28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times. This project proposes two types of roadway widths:
Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs
signs along the collectors indicating no parking on either side of the street. The 33 foot
local standard allows for parking on both sides of the roadway. Restricted parking will be
required for Blocks 2, 58, 57, 20, 36, and 28.
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
10. The phasing plan may require that any roadway greater than 150' in length thatis not
provided with an outlet shall be required to have a turnaround.
II. More than one fire apparatus road shall be provided when it is determined by the Chief
that access by a single road might be impaired by vehicle congestion, conditions of
terrain, climate conditions or other factors that could limit access, as per the current UFC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
I. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The
Developer shall receive 100% of the park impact fees collected from the Lochsa Falls
project up to the cost ofthe 20.51 acres at the City's expense, and the Developer shall not
be required to provide an irrigation system, rough grading, fme grading and seeding, and
said reimbursement shall not be limited to this development. The Developer shall also
donate to the City 5 acres for a future City park.
2. The Developer shall be responsible for a 14' wide hard surface pathway or section of
parking lot over the utility easement running along the south boundary of the park site or
the developer may construct the utilities south of the subject property within the future
street alignment ofthe Bews parcel. If the developer chooses to construct the utilities
along the south boundary ofthe park site, the developer shall be responsible for
coordinating the location of the easement with the Parks Department.
E. Adopt and comply with the action ofthe City Council from their October 8, 2002 meeting
as follows:
I. Adopt the Accommodations made by Farwest, LLC in an August 15,2002 memo entitled
"Tony Moss" as follows, including amendments made by the Planning and Zoning
Commission:
a. A park lot will be moved to the east of the Moss parcel.
b. On Lots II, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a
25' peak building height to retain the view (one of the three lots mentioned above
will be an open lot).
c. Applicant will provide large lots on the north and south ofthe Moss parcel, as
indicated on the Preliminary Plat.
d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to
retain Mr. Moss's plum trees on the west, if possible.
e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls
property prior to the issuance of occupancy permits in the affected phase.
f. Applicant agreed to construct a water feature at the McMillan Road entryway.
g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across
this lot if Mr. Moss relinquishes his current access easement.
h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with
the Lochsa Falls Subdivision.
The City is not aware of whether the accommodations, as amended by the Commission
and approved by the Developer, have been approved by the Mosses. If the Mosses do
approve the aforementioned list, then the accommodations shall be binding upon the
Developer. IfMr. and Mrs. Moss do not agree to such accommodations as listed, the
Developer will not be bound to such terms. The Developer and the Mosses have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel
of property. Ifthe Mosses do not agree to relinquish such easement, the Developer shall
be free to dedicate as a lot the land held in easement. The Developer shall present Mr.
and Mrs. Moss with a writing setting forth the Developer's agreement to such
accommodations and relinquish of the Moss' easement. In the event the Mosses do not
execute the appropriate writing within a sixty (60) day period, such refusal shall be the
determination that Mr. and Mrs. Moss do not agree to the referenced accommodations
and relinquishment.
2. As a condition of annexation, and as a condition ofthe Development Agreement,
applicant shall participate in any road infrastructure agreements negotiated with ACHD
and shall faithfully perform the terms of such agreement or agreements.
10. 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.9, 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.
11. It is also found that the development considerations as referenced in Finding No.9
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.
12. It is found that the zoning of the subject real property as Low Density Residential
District (R -4) requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the zoning is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
the subject property as Mixed Planned Use Development.
13. The subject annexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies ofthe Comprehensive Plan
ofthe City as follows;
Goals Section
Goal 3, Goal 4, Goal 8, and Goal 9
Economic Development
1.1, 1.3, 1.5, 3.m, and 3.2U
Land Use
1.10U, 2.m, 2AU, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14
Natural Resource & Hazardous Areas
2.1U, 3.m, and 3.2U
Communitv Design
1.3, lA, 2.1U, 2.3U, 6.2U and 6.IIU
Transportation Chapter
1.19U, and 1.18
14. The requested zoning designation ofR-4 is harmonious with and in accordance
with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land
to be primarily "Single-Family Residential", with a park. The draft Comprehensive Plan Future
Land Use Map designates this area as both Low Density (3 d.u./acre and below) and Medium
Density Residential (3-8 d.u./acre). Although, the Schedule of Use Control states that only
detached single-family dwellings are permitted within the R- zone, the Planned Development
Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached
single-family dwellings) within a single planned development, regardless of the underlying zone,
so long as the overall density of the underlying zone is not exceeded. Accordingly, the overall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 I 0)
density of the residential portion of the planned development is approximately 3.4 dwelling units
per acre (gross). Furthermore, the Planned Development Ordinance allows for up to 20% of the
land within a planned development to be used in a manner that the underlying zone would
typically prohibit. Therefore, the proposed office and commercial uses comply with the
Comprehensive Plan's land use designations.
15. It is not anticipated that the land to be annexed will be rezoned in the future.
16. It is found that the property will be developed in a manner consistent with the new
zoning and!or consistent with allowable Planned Development uses (e.g. 20% excepted uses).
17. It is found that the recent annexation and zoning ofthe Bridgetower Subdivision
to the west and south of proposed Lochsa Falls is a significant change in the area, and that
Bridgetower is a Planned Development similar to the proposed Lochsa Falls Subdivision. The
four (4) arterial streets abutting this mile section are not planned for improvements in Ada
County Highway District's Five Year Work Program. However, the Ustick/Ten Mile
intersection is slated for a new signal within the next 3-4 years.
18. It is found that the proposed uses (primarily residential) match the intended
character of the vicinity, as noted on the Generalized Land Use Map. It is also found that the
proposed uses 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 with
the possible exception being the creation of a number of small county enclaves that will be
surrounded by the new uses. However, the majority of the enclaves are rural-residential and are
surrounded by residential uses. The existing character of the area will change, especially upon
build-out ofthe proposed project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
19. It is not anticipated that the proposed uses will be hazardous to future or existing
neighbors. A potential disturbance may be with the existing agricultural uses, which could be
adequately addressed through the Right-to-Farm clause in Idaho State Code.
20. It is anticipated that because ofthe phasing pattern proposed by the applicant,
significant amounts of off-site sewer and water main extensions will be necessary. The Sewer
Master Plan proposes the North Slough Trunk traversing through this proposed development. By
starting the phasing on the opposite side of the section from where the North Slough Sewer
Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway
aligrunents into place. If the phasing plan is approved, the applicant will be required to construct
water mains and the trunk line through the projects roadway system within the normal utility
corridors. No service lines will be allowed in the off-site segments. The applicant will also be
required to construct an all weather 14- foot wide paved access road over the off-site segments
within this project.
21. If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the proj ect. The primary public costs
to serve the future residents will be fIre, police and school facilities and services. Although a
detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues
generated by urban residential development do not pay for the long~term provision of these urban
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.
22. It is found that that proposed residential, office and commercial uses themselves
will not be detrimental. However, it is found that the proposed uses will create additional traffic
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic Impact Study
provided by the Applicant states that the development is estimated to generate 12,480 additional
vehicle trips .per day (20 existing). It is also noted that the mixed use nature ofthe proposed
development will encourage a higher degree of trip capture within the square mile (estimated at
10% of total trips). In this regard, the "excessive production" of traffic is lessened versus a
project without accessible neighborhood services. It is not anticipated that the proposed uses will
create excessive noise, smoke, fumes, glare or odors.
23. The ACHD Commission has reviewed and approved the vehicular approaches to
Lochsa Falls Subdivision off ofTen Mile, Linder and McMillan Roads. The Idaho
Transportation Department (ITD) has also reviewed and approved the subdivision and has
limited access to State Highway 20 & 26 (Chinden) to the half-mile collector street (N. Lochsa
Way). lID required the elimination ofthe proposed access road to Chinden that is east of the
half-mile collector (N. Dry Bar). This will help to reduce future interference with traffic turning
off of the existing highway into the proposed subdivision. The applicant's traffic study fmds
that, at build-out, all four (4) arterial road intersections at the corners of Section 26 will be at a
LOS F. The existing, no-build McMillan/Linder Road and Chinden!Linder Road intersections
are found to need improvement with widening of all four approaches. The Chinden/Ten Mile
intersection needs to be improved with widening of the northbound approach. It is found that a
Collector roadway connecting the subdivision to Ten Mile Road is warranted by the scale of this
development and the lack of access to the proposed city park from within the subdivision. It is
also found that the applicant has proposed adequate connections to adjacent, undeveloped
properties; thirteen (13) stub-streets for interconnectivity are proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
24. It is found that the annexation of this property would be in the best interest of the
City by providing a variety of housing types, the addition of employment opportunities and the
creation of additional recreation facilities (pathways and parks).
CONCLUSIONS OF LAW
I. 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 Section
Goal 3, Goal 4, Goal 8, and Goal 9
Economic Development
1.1, 1.3, 1.5, 3.m, and 3.2U
Land Use
1.10U, 2.m, 2.4U, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14
Natural Resource & Hazardous Areas
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
2.m, 3.lU, and 3.2U
Communitv Design
1.3, lA, 2.m, 2.3U, 6.2U and 6.l1U
Transportation Chapter
1.19U, and 1.18
5. The zoning of Low Density Residential District (R-4) is defined in
the Zoning Ordinance at ~ 11-7-2 C as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
public schools. The purpose ofthe R-4 District is to permit the establishment oflow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems ofthe City.
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 Citv 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 ofthe 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 ofthe Zoning and Development Ordinance the owner
and!or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-0 1 0)
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
I. The applicant's request for annexation and zoning of approximately 354.38 acres to
Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of354.38 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be subject to de-
annexation, with the City of Meridian, which provides for the following conditions of development,
to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Remove any existing domestic wells and! or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-
domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or
lateral users association, with written confirmation of said approval submitted to the
Public Works Department.
3. A Development Agreement shall be required as part of this annexation request. A
condition of the development Agreement shall be that the Applicant participates in any
road infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perform the terms of such agreement or agreements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
B. Adopt the following Recommendations of the ACHD as maybe modified by ACHD from
time to time Adopt the following Recommendations of the ACHD as may be modified by
ACHD from time to time, provided, however, notice of any proposed changes, and
meaningful opportunity to comment shall be given to the City before ACHD takes any
official action to modify the requirements set forth herein.
Site-Specific Conditions of Approval
1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and
McMillan 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).
OR
Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and
McMillan 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 a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile
Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-
way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant
shall provide an easement to the District.
3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road
approximately 1,100 feet east of the west property line (approximately at the half-mile).
4. Construct amain entrance, West Cayuse Creek Drive, to intersect Linder Road located
approximately 1,350 feet north of the south property line (approximately the half-mile).
5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south
property line.
6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-01O)
directions. Coordinate the design ofthe turn lane with District staff
8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100
feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
9. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek
Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff.
10. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard
Creek Way. Coordinate the design of the taper with District staff.
II. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and
4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on
both sides of the roadway contingent upon approval from the Meridian Fire Department.
12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot
concrete sidewalk within 54 feet of right-of-way abutting the commercial development
(approximately 350 feet).
13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with
curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access
restrictions for these street segments shall be stated on the final plat. Parking shall be
prohibited on these street segments. Coordinate the signage plan with District staff.
14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of
right-of-way.
OR
Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk
within 50 feet of right-of-way.
15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet
east of the west property line which meets District policy and should be approved with
this application.
16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way
approximately 420 feet north of McMillan Road extending to the west property line.
17. Construct two shared driveways (one extending east; one extending west) located on
North Dry Bar Avenue approximately 350 feet south of Chin den Boulevard.
18. Construct thirteen stub streets to the surrounding parcels.
. The Applicant is proposing to construct West Apgar Drive to the east property
line approximately 400 feet north of McMillan Road.
. The Applicant is proposing to construct West Wapoot Court to the east property
line approximately 1,100 feet north of McMillan Road.
. The Applicant is proposing to construct Parachute Hill Avenue to the south
property line approximately 600 feet east of the west property line.
. The Applicant is proposing to construct North Chimney Peak Avenue to the south
property line approximately 1,650 feet east of the west property line.
. The Applicant is proposing to construct West Cedar Grove Street to the east
property line approximately 650 feet north of the south property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
· The Applicant is proposing to construct North Gertie Place to the north property
line approximately 100 feet west of the east property line.
· The Applicant is proposing to construct West Boulder Bar Street to the west
property line approximately 500 feet south of Chinden Boulevard.
· The Applicant is proposing to construct West Tango Creek Street to the west
property line approximately 1,025 feet south of Chin den Boulevard.
· The Applicant is proposing to construct North Powell Creek Avenue to the north
property line approximately 2,050 feet east of the west property line.
· The Applicant is proposing to construct West Glade Creek Street to the west
property line approximately 1,500 feet south of Chin den Boulevard.
· The Applicant is proposing to construct West Anatole Street to the west property
line approximately 2,350 feet north of McMillan Road.
· The Applicant is proposing to construct West Whitehouse Street to the west
property line approximately 1,800 feet north of McMillan Road.
· The Applicant is proposing to construct West Divide Creek Street to the west
property line approximately 1,025 feet north of McMillan Road.
19. Provide a paved temporary turnaround with a temporary easement provided to the District
at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a
sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the
design ofthe turnaround with District staff.
20. Any proposed landscape islandsl medians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this are
required on the final plat.
21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet
north of McMillan Road. The island within the knuckle shall be constructed a minimum
of 4 feet wide with a minimum area of 100 square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street
section. The design shall be reviewed and approved by ACHD's Planning and
Development staff.
22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek
Way and West Cayuse Creek Way with 21 foot street sections on either side of the center
island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional
width of the island. Coordinate the size and design of the roundabout with traffic services
staff.
23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
Applicant will 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 shall 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.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
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. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. No change in the terms 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.
10. 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 waiverl 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. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
3. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount
required by the fire sprinkler demand.
4. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shall have a turning radius of28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. This proj ect proposes two types of roadway widths:
Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs
signs along the collectors indicating no parking on either side of the street. The 33 foot
local standard allows for parking on both sides of the roadway. Restricted parking will be
required for Blocks 2, 58, 57, 20, 36, and 28.
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
10. 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 turnaround.
11. More than one fire apparatus road shall be provided when it is determined by the Chief
that access by a single road might be impaired by vehicle congestion, conditions of
terrain, climate conditions or other factors that could limit access, as per the current UFC.
D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
1. The Developer shall provide a minimum 25 acre park site adjacent toTen Mile Road. The
Developer shall receive 100% of the park impact fees collected from the Lochsa Falls
project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not
be required to provide an irrigation system, rough grading, fine grading and seeding, and
said reimbursement shall not be limited to this development. The Developer shall also
donate to the City 5 acres for a future City park.
2. The Developer shall be responsible for a 14' wide hard surface pathway or section of
parking lot over the utility easement running along the south boundary ofthe park site or
the developer may construct the utilities south of the subject property within the future
street alignment of the Bews parcel. If the developer chooses to construct the utilities
along the south boundary ofthe park site, the developer shall be responsible for
coordinating the location ofthe easement with the Parks Department.
E. Adopt and comply with the action ofthe City Council from their October 8, 2002 meeting
as follows:
I. Adopt the Accommodations made by Farwest, LLC in an August 15, 2002 memo entitled
"Tony Moss" as follows, including amendments made by the Planning and Zoning
Commission:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
a. A park lot will be moved to the east of the Moss parcel.
b. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a
25' peak building height to retain the view (one ofthe three lots mentioned above
will be an open lot).
c. Applicant will provide large lots on the north and south of the Moss parcel, as
indicated on the Preliminary Plat.
d. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to
retain Mr. Moss's plum trees on the west, if possible.
e. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls
property prior to the issuance of occupancy permits in the affected phase.
f. Applicant agreed to construct a water feature at the McMillan Road entryway.
g. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across
this lot if Mr. Moss relinquishes his current access easement.
h. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with
the Lochsa Falls Subdivision.
The City is not aware of whether the accommodations, as amended by the
Commission and approved by the Developer, have been approved by the Mosses.
If the Mosses do approve the aforementioned list, then the accommodations shall
be binding upon the Developer. If Mr. and Mrs. Moss do not agree to such
accommodations as listed, the Developer will not be bound to such terms. The
Developer an the Mosses have negotiated a relinquishment ofthe Mosses'
easement from McMillan Road to their parcel of property. If the Mosses do not
agree to relinquish such easement, the Developer shall be free to dedicate as a lot
the land held in easement. The Developer shall present Mr. and Mrs. Moss with a
writing setting forth the Developer's agreement to such accommodations and
relinquish ofthe Moss' easement. In the event the Mosses do not execute the
appropriate writing within a sixty (60) day period, such refusal shall be the
determination that Mr. and Mrs. Moss do not agree to the referenced
accommodations and relinquishment.
2. As a condition of annexation, and as a condition of the Development Agreement,
applicant shall participate in any road infrastructure agreements negotiated with ACHD
and shall faithfully perform the terms of such agreement or agreements.
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 -4) Low Density Residential District, and Meridian City Code ~ 11-7-
2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
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.
Pursuantto 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 ofthis 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
/1 R day of
fJ-t~.~
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED {1h~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:_1 '2.~\l~O'2...
VOTED -
MOTION:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)
APPROVED:~SAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-02-010)