HomeMy WebLinkAboutCobblefield Crossing AZ 02-024
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having corne on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 15.4 ACRES FOR
PROPOSED COBBLEFIELD
CROSSING SUBDIVISION,
LOCATED AT 4450 N. LINDER
ROAD, MERIDIAN, IDAHO
CMD, INC.,
APPLICANT
C/C 01-21-03
Case No. AZ-02-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on January 21,2003, at the hour of7:00 p.m., and David McKinnon Planner II for the Planning
and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Tanya
Converse, and Brian English, 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 - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 15.4 acres in size and is located at 4450
N. Linder Road, Meridian, all within the Area ofImpact of the City of Meridian and the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The owners of record of the subject property are Frank Fisher, 4450 N. Linder
Road, Meridian and Don Huffman, 4035 Meadowwood, Meridian. Applicant is CMD, Inc.,
1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702.
5. The property is presently zoned RUT (Ada County), and consists of vacant land.
6. The Applicant requests the property be zoned as R-8.
7. The subject property is bordered to the north by rural residential properties (5-acre
parcels), to the south by Baldwin Park Subdivision (R-8), to the east by agricultural land, and to
the west by Bridgetower Crossing Subdivision ( office uses).
8. The Applicant proposed to develop the subject property in the following manner:
single-family detached and attached homes, with one existing single-family residence, thirteen
(13) landscaped common lots, two (2) open space/park lots with six (6) workout center features
in the open space lot south of McMillan Road and a swimming pool.
9. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Low Density Residential, or Medium Density Residential, in accordance
with note number two (2) on the Land Use Map (allowing for an increase in density without a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
Comprehensive Plan Amendment).
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Brian English expressed in his letter
dated November 18, 2002.
12. 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:
Annexation & Zoning Comments
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
2. A Development Agreement shall be entered into between the City of
Meridian and the Applicant as part of the Annexation application. The
Development Agreement shall outline any special conditions placed upon
the Preliminary Plat application, including the maximum allowable
density.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Linder 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),
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 ofright-of-way from the centerline of Linder 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).
2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-
way (if the dedicated right-of-way is 48-feet from centerline) or if the
sidewalk is outside of the right-of-way, place the sidewalk within an
easement.
3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road
approximately 140-feet north of the south property line, as proposed.
4. Construct all of the internal roadways as 36-foot street section with curb,
gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as
proposed.
5 . Construct a stub street to extend to the south property line approximately
1,000-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
6. Construct a stub street to extend to the north property line approximately
1 ,340- feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
7. Dedicate a "temporary stub street" to the District in the form of an
easement. The "temporary stub street" will be a 50-foot easement located
within the 50-foot flag approximately 760-feet north of the south property
line and will extend from the east property line to the west property line.
This easement may become a right-of-way in the future (at the sole
discretion of the District) at no cost to the District and the costs associated
with the construction of the street will be paid by the owner/developer and
placed within a Public Right's-of- Way Road Trust deposit. If the 50-foot
easement is not utilized to construct a stub street within five years
from the date of the signed final plat, the easement and the road trust
deposit will expire and revert back to the Owner/developer.
8. Construct two knuckles with islands within the subdivision, as proposed.
Construct the islands within the knuckles to provide a minimum of 4-feet
in width with a minimum area of 100-square feet and provide a minimum
of a 29- foot street section for the roadway around the traffic island.
9. Any proposed landscape islands/medians within the public right-of-way
indicated by this plat shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
10. Provide a minimum of 21-feet measured from back of curb to back of curb
on either side of a proposed island or median.
11. Enter into a development agreement regarding the location, costs and
terms associated with the "temporary stub street".
12. Other than the access that has been approved with this application, direct
lot access to Linder Road and McMillan Road is prohibited.
13. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 #195, also known as Ada
County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 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 of the fire hydrant locations shall be by the Meridian Fire
Department.
4. 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.
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
8. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. It is recommended that a stub street be extended to
the East between Lots 16-18 on Block 3, to provide a second point of access to the
project. UFC 902.2.1 Revised plans that have been submitted indicate a connection
on the East end of the project.
9. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at alltimes, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14,
15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
11. The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. The lots adjacent
to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane".
UFC 902.2
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows:
1. Based upon the testimony at the City Council meeting on January 21,2003, and
the widely recognized need for infrastructure improvements sooner, rather than
later, especially as it respects large developments, the Owner/Developer, as a
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ACHD Group.
Therefore, 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.
2. For clarification, the stub streets shall remain as they are, but as the Applicant
develops Cobblefield II, the Applicant shall be required to work closely with
Brian English on where the stub street will be located on the English property.
Additionally, Brian English and Tanya Converse are encouraged to work together
to create a stub street that enables both of the properties to have access off of
Linder. ,
3. For clarification, so that the fencing matches the subdivision to the south, fencing
along Linder Road shall be vinyl. Additionally, the remaining fencing may be
cedar and shall require to be hot wired because of the horses on the adjacent
property, if such is necessary to keep the horses from destroying the fence.
4. The Applicant, through public testimony during the January 21, 2003 meeting,
stated that the existing irrigation rights of the adjacent property owners shall not
be interfered with, and the irrigation shall remain as it presently exists.
13. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which
designates the land to be "Low Density Residential." While the proposed 5+ dwelling units per acre
density is not allowed under the "Low Density" designation, the Comprehensive Plan does allow a
density upgrade to "Medium" without a formal Comp Plan amendment.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLlCA TION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
15. It is found that the proposed single family residential subdivision will be allowed
within the requested R-8 zone, (if accompanied with an approved Conditional Use Permit for a
Planned Development).
16. It is found that the land to the south is being developed in a manner similar to the
proposed subdivision. It is also found that the requested zoning designation ofR-8 is harmonious
with the recently approved adjacent development (Baldwin Park), also zoned R-8, and may be
rezoned in the requested manner. Additionally, the annexation and preliminary plat approval of
Bridgetower Crossing Subdivision immediately to the west signifies a change in the area that would
support the proposed use. ACHD has reviewed the adjacent street capacity and has approved the
proposed subdivision (with conditions).
17. It is found that the proposed use (single family residential) will not change the
existing or intended character of the area, which is low to medium density residential.
18. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors, as long as fencing and other recommended conditions are exercised.
19. It is found that the property to be annexed will be served adequately by all essential
public facilities and services. Applicant shall be required to extend water and sanitary sewer mains
to and through the proposed development, thereby making them available to the adjacent properties.
Review of the ACHD, Police and Fire Department's comments concerning this subdivision will
provide further information regarding public services.
20. 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 subdivision will not create excessive traffic, noise or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also that traffic and noise will increase with the approval of this subdivision; however staff does not
feel that the amount generated will be detrimental to the public welfare of the city.
22. It is found that the subdivision's vehicular approaches off ofN. Linder Road will
create new interference with the existing traffic on aforementioned roads, however staff does not
believe that the subdivision entrances will cause significant interference on the surrounding public
streets. Review ACHD comments concerning vehicular approaches and traffic generation.
23. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that the annexation of this property would be in the best interest of the
City.
25. It is found that ifthe developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, 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.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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
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 following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance
at S 11-7-2 D as follows:
(R-8) Medium Density ResidentiaI District: The purpose ofthe R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The 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 of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian;
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 15.4 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 15.4 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Annexation & Zoning Comments
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
2. A Development Agreement shall be entered into between the City of
Meridian and the Applicant as part of the Annexation application. The
Development Agreement shall outline any special conditions placed upon
the Preliminary Plat application, including the maximum allowable
density.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Linder 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
Dedicate 38-feet of right-of-way from the centerline of Linder 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).
2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-
way (if the dedicated right-of-way is 48-feet from centerline) or if the
sidewalk is outside of the right-of-way, place the sidewalk within an
easement.
3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road
approximately l40-feet north of the south property line, as proposed.
4. Construct all of the internal roadways as 36-foot street section with curb,
gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as
proposed.
5. Construct a stub street to extend to the south property line approximately
1,000-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
6. Construct a stub street to extend to the north property line approximately
1,340-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
7. Dedicate a "temporary stub street" to the District in the form of an
easement. The "temporary stub street" will be a 50-foot easement located
within the 50-foot flag approximately 760-feet north of the south property
line and will extend from the east property line to the west property line.
This easement may become a right-of-way in the future (at the sole
discretion of the District) at no cost to the District and the costs associated
with the construction of the street will be paid by the owner/developer and
placed within a Public Right's-of-Way Road Trust deposit. If the 50-foot
easement is not utilized to construct a stub street within five years
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
from the date of the signed final plat, the easement and the road trust
deposit will expire and revert back to the Owner/developer.
8. Construct two knuckles with islands within the subdivision, as proposed.
Construct the islands within the knuckles to provide a minimum of 4-feet
in width with a minimum area of 100-square feet and provide a minimum
of a 29-foot street section for the roadway around the traffic island.
9. Any proposed landscape islands/medians within the public right-of-way
indicated by this plat shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
10. Provide a minimum of 21-feet measured from back of curb to back of curb
on either side of a proposed island or median.
11. Enter into a development agreement regarding the location, costs and
terms associated with the "temporary stub street".
12. Other than the access that has been approved with this application, direct
lot access to Linder Road and McMillan Road is prohibited.
13. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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 #195, also known as Ada
County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
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 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 of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. 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.
5. All roads shall have a turning radiusof28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
8. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. It is recommended that a stub street be extended to
the East between Lots 16-18 on Block 3, to provide a second point of access to the
project. UFC 902.2.1 Revised plans that have been submitted indicate a connection
on the East end of the project.
9. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at alltimes, which is 20' wide. Lots 8, 9,10,11,12,13,14,
15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
11. The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. The lots adjacent
to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane".
UFC 902.2
D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows:
1. Based upon the testimony at the City Council meeting on January 21,2003, and
the widely recognized need for infrastructure improvements sooner, rather than
later, especially as it respects large developments, the Owner/Developer, as a
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ ACHD Group.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
Therefore, 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.
2. For clarification, the stub streets shall remain as they are, but as the Applicant
develops Cobblefield II, the Applicant shall be required to work with Brian
English on where the stub street will be located on the English property.
Additionally, Brian English and Tanya Converse are encouraged to work together
to create a stub street that enables both of the properties to have access off of
Linder.
3. For clarification, so that the fencing matches the subdivision to the south, fencing
along Linder Road shall be vinyl. Additionally, the remaining fencing may be
cedar and shall require to be hot wired because of the horses on the adjacent
property, if such is necessary to keep the horses from destroying the fence.
4. The Applicant, through public testimony during the January 21,2003 meeting,
stated that the existing irrigation rights of the adjacent property owners shall not
be interfered with, and the irrigation shall remain as it presently exists.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code 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
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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
lL -If-- day of
rehr~
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~t
COUNCILWOMAN TAMMY deWEERD
VOTED*,
VOTED~
COUNCIL WOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2.-11--03
MOTION:
APPROVED:~APPROVED:
VOTED -
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)