Burney Glen Sub AZ 02-026
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 35.94 ACRES
FOR PROPOSED BURNEY GLEN
SUBDIVISION, LOCATED ON THE
EAST SIDE OF MERIDIAN ROAD,
Y, MILE NORTH OF USTICK
ROAD, MERIDIAN, IDAHO
PROPERTIES WEST, INC.,
APPLICANT
C/C 01-28-03
Case No. AZ-02-026
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on January 28,2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Director for the
Planning and Zoning Department, Daren Fluke, and John Bames, 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,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject ofthe application for annexation and
zoning is described in the application, is approximately 35.94 acres in size and is located on the
east side of Meridian Road, Y, mile north of Us tick Road, Meridian, all within the Area of Impact
ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4. The owner of record ofthe subject property is Wanda White Trust, c/o Pamela
Geile, 4399 N. Meridian Road, Meridian, Idaho 83642. Applicant is Properties West, Inc., P.O.
Box 2797, Boise, Idaho 83701.
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 (Medium Density
Residential District).
7. The subject property is bordered to the north by rural residential and the proposed
Havasu Creek Subdivision, to the south by Sundance Place Subdivision, to the east by the
proposed Havasu Creek Subdivision, and to the west by rural residential.
8. The Applicant proposes to develop the subject property in the following manner:
Burney Glen Subdivision, a 117 building lot single-family residential subdivision.
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 Medium Density Residential.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
11. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Recommendations of the ACHD as follows:
Site Soecific Conditions of Aooroval
1. Dedicate 35-feet of right-of-way from the centerline of Meridian Road
abutting the parcel by means of a warranty deed. The right-of-way
purchase and sale agreement and deed must be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value ofthe 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 5-foot concrete sidewalk abutting the site on Meridian Road.
Locate the sidewalk 2-feet within the new right-of-way. If the sidewalk
meanders outside of the right-of-way, provide the District with an
easement.
3. Construct West Burney Glenn Drive to intersect North Meridian Road
approximately 250-feet north ofthe south property line, as proposed.
4. Construct West FuIham Court to align with West Halpin Drive or offset
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BURNEY GLEN SUBDMSION (AZ-02-026)
the roadway a minimum of 125-feet.
5. Construct Burney Glen Drive as a residential collector from Meridian
Road to Donavan Way, as proposed. Construct this portion of the
roadway as a 36-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way. Direct lot access and
front on housing is prohibited on residential collectors
6. Construct the internal roadways as 36- foot street sections with curb, gutter
and sidewalk within 50-feet of right-of-way, as proposed.
7. Extend West Welford Drive from the east property line approximately
300- feet north of the south property line, as proposed.
8. Extend North Rickerby Way from the south property line approximately
990-feet west of the east property line, as proposed.
9. Extend North Donovan Way from the south property line approximately
490-feet east of the west property line, as proposed.
10. Extend North Kilberry Way from the north property line approximately
740- feet west of the east property line, as proposed.
11. Construct a stub street, North Donavan Way, that extends to the north
property line approximately 650-feet east of the west property line, as
proposed. Construct a temporary turnaround with a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE" .
12. Design the roundabout with 21-foot street sections on either side of the
center island without driveways near or accessing the roundabout.
Dedicate sufficient right-of-way on either side of an island. Coordinate
the size and design of the roundabout with traffic services staff.
13. Construct a left-turn and right-turn deceleration lane on Meridian Road for
traffic turning into the site at the Burney Glenn Drive intersection.
Coordinate the design of the lane with District staff(387-6140).
14. Construct a right-turn deceleration lane on Meridian Road for traffic
turning into the site at the Burney Glenn Drive intersection. Coordinate
the design of the lane with District staff (387-6140).
15. Construct two knuckles without islands within the subdivision, as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
proposed.
16. Provide a minimum turning radius of 45-feet for the cu-de-sac turnarounds
17. ConstructIandscape islands on West Burney Glenn Drive and West
Halpin Drive, as proposed. Provide a minimum of 21-feet (measured
back-of-curb to back-of-curb) on either side of the island to safely channel
traffic. The island shall be owned and maintained by a homeowners
association. Notes of this are required on the fmal plat.
18. The applicant shall enter into a development agreement with ACHD that
outlines right-of-way acquisition, costs, timing and payment; and shall
also include an agreement that this development shall be subject to any
extraordinary impact fee, LID or other funding source established by the
District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements
as established by the applicant's traffic impact study.
19. Other than the access points specifically approved with this application,
direct lot access to Meridian Road and Burney Glen Drive is prohibited.
These restrictions shall be noted on the fmal Plat.
20. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDNISION (AZ-02-026)
Ordinances unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shalI 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 shalI be
repaired by the applicant at no cost to ACHD. The applicant shalI be
required to call mGUNE (1-800-342-1585) at least two fulI 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 filIed) 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
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 ill-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 ofthe 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. UFC 902.2.1
9. 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. This may affect the landscape
islands in Block 8 Lot 1, Block I I Lot I, Block 13 Lot I, Block 5 Lot 1, they may have
to be posted "No Parking Fire Lane". UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
D. Additionally, adopt the action of the City Council taken at their January 28,2003 meeting
as follows:
1. The applicant shall be required to include a pathway on the northern side of the
open space, going from east to west, and connect the pathway to each of the roads
on the far eastern side and to the western roundabout.
12. 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 "Medium Density Residential", allowing 3-8 dwelling units per acre.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
13. It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that the proposed single family residential subdivision will be allowed
within the requested R-8 zone.
15. 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(s) and should be rezoned in the requested manner.
16. 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.
17. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
18. 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.
19. 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.
20. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also that traffic and noise will increase with the approval of this subdivision; however it is felt that
the amount generated will not be detrimental to the public welfare ofthe city.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
21. It is found that the subdivision's vehicular approach on Meridian Road will create
new interference with the existing traffic, however it is not believed that the subdivision entrances
will cause significant interference on the surrounding public streets. Review ACHD comments
concerning vehicular approaches and traffic generation.
22. 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.
23. It is found that the annexation ofthis property would be in the best interest of the
City.
24. 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.1 I, and all sub-parts, the
economic welfare ofthe City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
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 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:
(RoB) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
authority to place conditions upon the annexation ofIand. See Burt VS. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 1 1- 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:
I. The applicant's request for annexation and zoning of approximately 35.94 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 of35.94 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1l
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDNISION (AZ-02-026)
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, when services
are available from the City of Meridian. Wells maybe used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 35-feet of right-of-way from the centerline of Meridian Road
abutting the parcel by means of a warranty deed. The right-of-way
purchase and sale agreement and deed must be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits
a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct 5-foot concrete sidewalk abutting the site on Meridian Road.
Locate the sidewalk 2-feet within the new right-of-way. If the sidewalk
meanders outside of the right-of-way, provide the District with an
easement.
3. Construct West Burney Glenn Drive to intersect North Meridian Road
approximately 250-feet north of the south property line, as proposed.
4. Construct West Fulham Court to align with West Halpin Drive or offset
the roadway a minimum of 125-feet.
5. Construct Burney Glen Drive as a residential collector from Meridian
Road to Donavan Way, as proposed. Construct this portion of the
roadway as a 36-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way. Direct lot access and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
front on housing is prohibited on residential collectors
6. Construct the internal roadways as 36-foot street sections with curb, gutter
and sidewalk within 50-feet of right-of-way, as proposed.
7. Extend West Welford Drive from the east property line approximately
300-feet north of the south property line, as proposed.
8. Extend North Rickerby Way from the south property line approximately
990- feet west of the east property line, as proposed.
9. Extend North Donovan Way from the south property line approximately
490- feet east of the west property line, as proposed.
10. Extend North Kilberry Way from the north property line approximately
740- feet west of the east property line, as proposed.
11. Construct a stub street, North Donavan Way, that extends to the north
property line approximately 650- feet east of the west property line, as
proposed. Construct a temporary turnaround with a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE" .
12. Design the roundabout with 21-foot street sections on either side ofthe
center island without driveways near or accessing the roundabout.
Dedicate sufficient right-of-way on either side of an island. Coordinate
the size and design of the roundabout with traffic services staff.
13. Construct a left-turn and right-turn deceleration lane on Meridian Road for
traffic turning into the site at the Burney Glenn Drive intersection.
Coordinate the design of the lane with District staff(387-6140).
14. Construct a right-turn deceleration lane on Meridian Road for traffic
turning into the site at the Burney Glenn Drive intersection. Coordinate
the design of the lane with District staff (387-6140).
15. Construct two knuckles without islands within the subdivision, as
proposed.
16. Provide a minimum turning radius of 45-feet for the cu-de-sac turnarounds
17. Construct landscape islands on West Burney Glenn Drive and West
Halpin Drive, as proposed. Provide a minimum of21-feet (measured
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
back-of-curb to back-of-curb) on either side of the island to safely channel
traffic. The island shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
18. The applicant shall enter into a development agreement with ACHD that
outlines right-of-way acquisition, costs, timing and payment; and shall
also include an agreement that this development shall be subject to any
extraordinary impact fee, LID or other funding source established by the
District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements
as established by the applicant's traffic impact study.
19. Other than the access points specifically approved with this application,
direct lot access to Meridian Road and Burney Glen Drive is prohibited.
These restrictions shall be noted on the final Plat.
20. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDNISION (AZ-02-026)
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 mGLINE (I -800-342- I 585) 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 ofthe 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 ofthe Meridian Fire Department as follows:
I. 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 ill-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSION (AZ-02-026)
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. UFC 902.2.1
9. 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. This may affect the landscape
islands in Block 8 Lot 1, Block 11 Lot 1, Block 13 Lot I, Block 5 Lot 1, they may have
to be posted "No Parking Fire Lane". UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
D. Additionally, adopt the action of the City Council taken at their January 28,2003 meeting
as follows:
I. The applicant shall be required to include a pathway on the northern side of the
open space, going from east to west, and connect the pathway to each of the roads
on the far eastern side and to the western roundabout.
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 ofthe
application to (R-8) Medium Density Residential District, and Meridian City Code S I 1-7-2.
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 I 1-21- I in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
with the provisions ofthe 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
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the /111:::. day of
F.e 6nuvr--q,
(/
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED abJ.elf<r
COUNCILWOMAN TAMMY deWEERD
VOTED~ "-
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2-(1-03
VOTED -
MOTION: ~
APPROVE : DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDIVISION (AZ-02-026)
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BY:tit~- ~I~~ 9 Dated:
Ity Clerk ; SEAL
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Z:\WorklM\MeridianlMeridian 15360MIBumey Glen Sub AZ-02-QZ6 PP-QZ-OZ5 V AR-Q3'OO~ ~df~" ,<Ii 0 ~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BURNEY GLEN SUBDMSI9N (AZ-02-026)
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