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HomeMy WebLinkAboutCedar Springs North AZ 02-028 Findings RECEIVED MAR 0 5 2003 City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL CIC 02-25-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 81.54 ACRES ) FOR PROPOSED CEDAR SPRINGS ) NORTH SUBDIVISION, LOCATED ) ON THE SOUTH SIDE OF W. ) McMILLAN ROAD, Y. MILE WEST ) OF N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) APPLICANT ) Case No. AZ-02-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 25, 2003, at the hour of7:00 p.m., and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, 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 gg 67-6509 and 67-6511, and Meridian City Code gg 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 APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 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 armexation and zoning is described in the application, is approximately 81.54 acres in size and is located on the south side ofW_ McMillan Road, V. mile west ofN. Meridian Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Plarming Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N. Dresden Place, Suite 102, Boise, Idaho 83714. The applicant is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho. 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) and L-O (Limited Office). 7. The subject property is bordered to the north and east by rural residential and agricultural properties, to the south by Cedar Springs Subdivision, to the west by rural property and Baldwin Park Subdivision. 8. The Applicant proposes to develop the subject property in the following marmer: Cedar Springs North Subdivision, 197 building lots (184 new single family detached, 1 Townhouse, and 12 office), on 81.54 acres. 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 follows: Medium Density Residential and Office. The northwest comer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) of the parcel is designated as Office or High Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. II. The City Council recognizes the concerns of Wendel Bigham, Joint School District No.2, in a letter dated November 4, 2002. 12. Giving due consideration to the comments received fromthe governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation 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. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction of the roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road. The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) B. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of Aooroval I. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of21-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480- feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830- feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400- feet west of the east property line, as proposed. 8. Extend North Rhodes A venue from the south property line approximately 1 00- feet east ofthe west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170- feet north of the south property line, as proposed. 10. Extend West White Sands Drive to the west property line approximately 1,170- feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 13. Construct a roundabout on North Sununit Way approximately SOO-feet south of McMillan Road, as proposed. Design the roundabout with a 21- foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design ofthe roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260-feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16. 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. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Sununit Way is prohibited. These restrictions shall be noted on the final Plat. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) S. 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 roadimpact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 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 of 28' 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 15 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. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) D. Adopt the Recommendations of the Meridian Water Department as follows: I. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) G. Adopt the action and/or comments of the City Council taken at their February 25,2003 meeting as follows: I. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the OwnerlDeveloper, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 13. It is found that the requested zoning designation, R-8 and L-O, are harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map. The northwest comer of the parcel is designated as Office or High Density Residential in the Comprehensive Plan. The proposed office park generally follows the area designated for office on the Future Land Use Map. The remainder of the parcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The single-family detached area (61.56 acres) has a density of 3.6 dwelling units per acre after subtracting out the common open space (11.33 acres). The single-family attached area (11.57 acres) is proposed to have a density up to 10 dwelling units per acre. While in isolation, this area could be considered to exceed the allowed density, if the entire project is factored together, the overall density would be just over 4 dwelling units per acre, well within the range allowed by the Comprehensive Plan. In addition, the Comprehensive Plan states that the applicant may request a "one step" increase from medium to high density without a formal Comprehensive Plan Amendment. It is supported that the proposed densities meet the intent of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) Comprehensive Plan. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family detached, single family attached, and office areas will be allowed within the requested R-8 and L-O zones. 16. It is found that the land to the south and west is being developed in a manner similar to the proposed subdivision. It is also found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent development (Baldwin Park), also zoned R-8, and may be rezoned in the requested manner. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). 17. It is found that the proposed uses (single family residential and office) are designed appropriately to match with the existing and intended character of the general vicinity. Any change in the existing character of the area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 18. It is not anticipated that the proposed residential and office uses will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed subdivision will not create excessive traffic, noise or 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 wili not be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of McMillan Road will create new traffic on surrounding roads. 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 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 I through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) and Limited Office (L-O) are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) defined in the Zoning Ordinance at 9 11-7-2 D and G as follows: (R-8) Medium Densitv 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. AND (L-G) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The 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 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 81.54 acres to Medium Density Residential (R-8) and Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 81.54 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shaH 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, 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 foHows: Annexation 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. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shaH outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction of the roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Sununit Way as a collector. Construct North Sununit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and S-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480-feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400-feet west of the east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately 100-feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 10. Extend West White Sands Drive to the west property line approximately 1,170-feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de,sac turnarounds. 13. Construct a roundabout on North Summit Way approximately 500-feet south of McMillan Road, as proposed. Design the roundabout with a 21-foot street section on either side of the center island without driveways 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. 14. Construct a shared driveway to be located on North Sununit Way approximately 260- feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16. 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. 17. Other than the aCcess points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND millER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) 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 0 fIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for 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 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 15 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. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the. subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) degradation. H. Adopt the action and/or comments of the City Council taken at their February 25,2003 meeting as follows: 1. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the OwnerlDeveloper, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. . Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and (L-O) Limited Office District, and Meridian City Code 911-7-2. 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 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 'Iff I - day of I11.M~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED$a.- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED-#-~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ;J-//-tJ3 VOTED - MOTION: APPROVED:~SAPPROVED: B . ~~~,f1~ted: :f/lt-()3 ~lerk r FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028)