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Burney Glen Sub AZ 02-026 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) 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 ZONINGBURNEY 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) ,,'illllll"'/I, ,\\\ Of lA-t:,!'II/ ,\'..J .""-1'(1 III 01- :\.. Ib, // ...' (} .,...", /.... $ Cpf\POR-1l':, ~ ~ 2-IZ~3f ~ ~ \ BY:tit~- ~I~~ 9 Dated: Ity Clerk ; SEAL ~~. &' Z:\WorklM\MeridianlMeridian 15360MIBumey Glen Sub AZ-02-QZ6 PP-QZ-OZ5 V AR-Q3'OO~ ~df~" ,<Ii 0 ~ -::..;: ':"'f . ~ ...~.... '/ C~ ",'i' " /1.1 tIt " i........r ".... "" I;", '. ".' ,\' , , :' , " , " ~.":;',; \ i , \ 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) JlWi,.~ "i