HomeMy WebLinkAboutLocust Grove Place AZ 02-027RECEIVED
FEB 2 6 2003
City Of Meridian
City Clerk Oilice
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-18-03
IN THE MATTER OF THE
APPLICATION REQUEST FOR
ZONING BOUNDARY
MODIFICATION OF R-40 AND C-C
ZONES FOR 11.76 ACRES FOR
PROPOSED LOCUST GROVE
PLACE SUBDIVISION, LOCATED
ON THE WEST SIDE OF N.
LOCUST GROVE RD.,'/< MILE
SOUTH OF E. FAIRVIEW AVE.,
MERIDIAN, IDAHO
Case No. AZ-02-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ZONING BOUNDARY
MODIFICATION
WARDLE & ASSOCIATES,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on February 18, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Interim Director for the
Planning and Zoning Department, Jon Wardle, and Lee Centers, 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
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027)
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,
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 zoning boundary
modification is described in the application, is approximately 11.76 acres in size and is located
on the west side of N. Locust Crrove Rd., `/a mile south of E. Fairview Ave., Meridian, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
4. The owner of record of the subject property is L.C. Development, Inc., P.O. Box
518, Meridian, Idaho 83680. Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway
Ave., Ste. B, Boise, Idaho 83702.
5. The property is presently zoned R-40 & C-C (High Density Residential and
Community Business), and consists of vacant land.
6. The Applicant requests the property be re-zoned to allow additional R-40 and less
C-C (High Density Residential and Community Business).
The subject property is bordered to the north by commercial properties, to the
south by Danbury Fair Subdivision, to the east by Ada County property zoned RUT, and to the
west by Danbury Fair Subdivision No. 2 and Penn Station Apartments.
8. The Applicant proposed to develop the subject property in the following manner:
Twenty-two single family detached residential, fifty-two single family attached, two commercial
lots and eight common drainage lots.
9. The Applicant requests zoning of the subject real property as R-40 and C-C,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDMSION (AZ-02-027)
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as High Density Residential.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
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:
ANEXATION AND 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.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove 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 ACRD Ordinance in effect
at that time (currently Ordinance #196), if funds are available.
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the
construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027)
to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot
wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk
shall be located 2-feet within the new right-of--way and at the correct vertical difference
from the center of the road (see District staff). Coordinate the location and design of the
sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of
the right-of--way, the applicant must provide an easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet
wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road
and install pavement tapers with 15-foot radii abutting the existing roadway edge. The
applicant shall provide a plan showing how the private road grade meets the public road.
District Policy requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road approximately 100-
feet south of the north property line, as proposed. Pave Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. The applicant shall provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of 20 MPH and a maximum
intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the parcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Anproval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027)
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
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.
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
change the planned use of the subject property unless awaiver/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. That afire-flow of 1,000 gallons per minute shall be available for duration oft hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. IJFC 902.2.1
An approved turn-around is required for any dead-ends over 150' in the commercial area.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20'
clear driving surface available at all times.
13. It is found that the proposed zone change is not in compliance with the
Comprehensive Plan, the Comprehensive Plan designates the subject property as "High Density
Residential". The subject property was originally rezoned to C-C under a previous Comprehensive
Plan which permitted the C-C zoning designation. The proposed rezone will reduce the area which
is not in compliance with the current Comprehensive Plan.
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 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
15. It is found that the proposed commercial buildings and residential development will
be allowed within the requested C-C zone, (if accompanied with an approved Conditional Use
Permit for a Planned Development).
16. It is found that the areas surrounding the subject property have been rezoned and
developed at a medium density that is conducive to commercial development. Several commercial
properties are located in the vicinity of the subject property.
17. It is found that the proposed use (commercial and residential) will not change the
existing or intended character of the area, which is medium-high and high density residential.
18. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
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 ACRD 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 commercial development, as conditioned through the
development agreement, 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 recognized that traffic
and noise will increase with the approval of this subdivision; however sit is not felt that the amount
generated will be detrimental to the public welfare of the city.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDP/ISION (AZ-02-027)
22. It is found that the commercial property's vehicular traffic approaches off of Locust
Grove will create new interference with the existing traffic on Locust Grove, however, it is not
believed that the commercial property will cause significant interference on the sun-ounding public
streets. Review ACRD 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 if the 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
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 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027)
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
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 High Density Residential (R-40) and Community Business District (C-
C) are defined in the Zoning Ordinance at § 11-7-2 F and I as follows:
(R-40) Hieh Density Residential District: The purpose of the R-40 District is to permit
the establishment of high density residential uses at a density not exceeding forty (40)
dwelling units per acre. Connection to the Municipal water and sewer systems ofthe City is
required.
(C-C) Community Business District: The purpose of the C-C District is to permit the
establishment of general business uses that are of a larger scale than a neighborhood
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
business, and to encourage the development of modern shopping centers with adequate off-
street parking facilities, and associated side amenities to serve azea residents and employees;
to provide strip commercial development and encourage the clustering of commercial
enterprises. All such districts shall have direct access to a transportation arterial and
collector and be connected to the Municipal water and sewer systems of the City.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
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 zoning boundary modification of approximately 11.76
acres to High Density Residential (R-40) and Community Business (C-C) aze granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for zoning boundary modification of 11.76 acres. The legal
description shall be prepazed by a Registered Land Surveyor, Licensed by the State of Idaho, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDMSION (AZ-02-027)
shall conform to all the provisions ofthe City of Meridian Resolution No.158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-zoning, 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:
ANEXATION AND 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.
B. Adopt the Recommendations of the ACHD as follows:
Site Suecific Conditions of Aoproval
1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove 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 fmal plat for signature by the ACRD 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 #196), if funds
are available.
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the
construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet)
prior to issuance of a building permit, or District approval of a final plat, OR
construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting
the site. The sidewalk shall be located 2-feet within the new right-of--way and at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
correct vertical difference from the center of the road (see District staff). Coordinate
the location and design of the sidewalk with District Design staff (387-6225). If the
sidewalk is constructed outside of the right-of--way, the applicant must provide an
easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-
feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing
roadway edge. The applicant shall provide a plan showing how the private road grade
meets the public road. District Policy requires a design approach speed of 20 MPH
and a maximum intersection approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road approximately 100-feet
south of the north property line, as proposed. Pave Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing
roadway edge. The applicant shall provide a plan showing how the private road grade
meets the public road. District Policy requires a design approach speed of 20 MPH
and a maximum intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the parcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
7. Comply with all Standazd 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 maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDMSION (AZ-02-027)
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 ACRD 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.
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 ACRD. The applicant shall be required to call DIGLIlVE at least two full
business days prior to breaking ground within ACRD 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 propertyunless awaiver/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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
C. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire proj ect. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved turn-around is required for any dead-ends over 150' in the commercial
area.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a
20' clear driving surface available at all times.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the zoning boundary modification designation ofthe real property which is the subject
of the application to (R-40) High Density Residential and (C-C) Community Business Districts, and
Meridian City Code § 11-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staffof the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)
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 § 67-6521 an affected person is a person who has an interest in real property
which maybe 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
~~/LG/y , 2003.
ROLL CALL
COUNCILMAN KEITH BII2D
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~ - ~'O.3
MOTION:
APPROVED:SAPPROVED:
`f-. ~
`~ day of
VOTED_
VOTED_
VOTED
VOTED~-
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney. ``~~o```~~pF"M''~'p!?,q''%,
B Dated: 3 ¢~3..
City Clerk - Y v ,SEAL
~ o~
Z:\Work1M\Meridian\Meridian15360M\Cocust Grove Place Sub A~02-027 PP-02-026 CU~'A231A I&Order.Q~
'.,, Q T 15t ' ~0,`~
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 '~+i„Jr~'C7tP[~`( 1, \~~,•``
AND DECISION AND ORDER GRANTING APPLICATION
FOR ZONING BOUNDARY MODIFICATION OF R-40 AND
C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027)