HomeMy WebLinkAboutWatersong Estates AZ 02-029RECEIVED
ANH 0 1 2003
City Of Meridian
Gity Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
Case No. AZ-02-029
C/C 03-25-03
APPLICATION FOR ANNEXATION
AND ZONING OF 39.92 ACRES
FOR PROPOSED WATERSONG
ESTATES SUBDIVISION,
LOCATED ON THE WESET SIDE
OF CINDER ROAD,'/< MILE
NORTH OF USTICK ROAD,
MERIDIAN, IDAHO
HOWELL-MURDOCH
DEVELOPMENT CORPORATION,
APPLICANT
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, and continued until March 25, 2002, at the hour of 7:00 p.m., and Brad
Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Darin
Fluke, 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
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
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.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 39.92 acres in size and is located on the
west side of Linder Road, '/a mile north of Ustick Road, 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 Howell-Murdoch Development
Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. The applicant is Howell-
Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713.
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 and south by rural
residential/agricultural properties (zoned RUT, Ada County), to the east by the proposed Linder
Road Middle School (zoned R-4), and to the west by the proposed future phase of Bridgetower
Subdivision (zoned R-4).
8. The Applicant proposes to develop the subject property in the following manner:
124 single-family detached building lots and 12 common lots ranging in size from approximately
6,662 s.f. to 12,180 s. £, at an overall gross density of 3.18 dwelling units per acre, according to
the Preliminary Plat filed with the Meridian City Clerk's office dated 3-7-03.
9. The Applicant requests zoning of the subject real property as R-8, which is
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as follows: Medium Density Residential and Office.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No. 2, expressed in his letter dated December 4, 2002.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department 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. If the 48-foot right-of--way on N. Linder Road is not dedicated to the Ada County
Highway District, all future right-of--way (the portion to be dedicated) shall be platted in a
separate common lot within Watersong Estates. In addition, any portion of the future right-
of-way beyond 10 feet from edge ofpavement shall be planted with a vegetative groundcover
and adequately maintained by the Homeowner's Association or other responsible party, in
accordance with the City Landscape Ordinance.
3. This development shall be subject to sanitary sewer and water latecomer fees to
reimburse those responsible for extending sewer and water service into the area. The
latecomer fees for each lot shall be due and payable upon signature on final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Provide a Public Right's-of--Way Road Trust Deposit in the amount of $26,000.00
to construct 5-foot concrete sidewalk on Linder Road
OR
Construct a 5-foot wide concrete sidewalk on Linder Road with an easement provided to
the District. The face of sidewalk shall be located a minimum of 41-feet from centerline.
2. Construct Watersong Drive to intersect with Linder Road approximately 415-feet
north of the south property line to align with the Meridian Middle School driveway
located on the east side of Linder Road.
3. Construct the San Remo Drive/Twin Eagles Way intersection to offset the Cool
River Way/San Remo Drive intersection a minimum of 125-feet (measured centerline to
centerline).
4. Construct Watersong Drive from Linder Road to High Altitude Way as a
residential collector with a 36-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet ofright-of--way, as proposed.
5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot attached concrete sidewalk within 50-feet ofright-of--way, as proposed.
6. Construct Timber Lakes Lane as a stub street to extend to the south property line
approximately 360-feet east of the west property line, as proposed and install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
7. Extend San Remo Drive from the west property line approximately 550-feet north
of the south property line, as proposed.
8. Extend Shadow Creek Drive to the west property line approximately 75-feet south
of the north property line, as proposed.
9. Construct Cody Creek Way to extend to the north property line approximately
620-feet east of the west property line, as proposed. Install a sign at the terminus of the
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct four knuckles without islands within the subdivision, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDNISION (AZ-02-029)
11. Construct two cal-de-sac turnarounds without islands to provide a minimum
taming radius of 45-feet.
12. 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.
13. Construct a roundabout located on Watersong Drive at the intersection of High
Altitude Way, as proposed. Design the roundabout with a minimum of 21-foot street
sections on either side of the center island and dedicate sufficient right-of--way on either
side of an island. Coordinate the size and design of the roundabout with traffic services
staff.
14. Other than the access points specifically approved with this application, direct lot
access to Linder Road, Ustick Road and Watersong Drive east of High Altitude Way is
prohibited. These restrictions shall be noted on the final Plat.
15. 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.
16. Comply with all Standard Conditions of Approval.
Standazd Conditions of Approval
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.
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 Standazds and approved supplements, Construction
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
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 (qr 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
ACRD conduits (spare or filled) aze 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 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:
One and two family dwellings will require afire-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 III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
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 azound.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
Operational fire hydrants and temporary or permanent street signs aze 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.
UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
D. Adopt the action of the City Council taken at their March 25, 2003 meeting as follows:
Based upon the testimony, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owner/Developer, 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, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully perform the
terms of such agreement or agreements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
13. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan (`02) and Future Land Use Map. The parcel is
designated for Medium Density Residential (3 to 8 dwelling units per acre). The project has a gross
density of 3.18 dwelling units per acre and a net density of 5.20 dwelling units per acre. The
common open space for the project is 5.54 acres (14.2 % of the plat area), per the Preliminary Plat
filed with the Meridian City Clerk's office dated 3-7-03. The densities aze right in line with density
envisioned in the 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 development will be allowed
within the requested R-8 zone.
16. It is found that the land to the east and west is being developed in a manner similar to
the proposed subdivision. Bridgetower subdivision to the west is zoned R-4; Baldwin Park
Subdivision to the northeast is zoned R-8. ACHD has reviewed the adjacent street capacity and has
approved the proposed subdivision (with conditions). Under the new CIP-based policies ofACHD,
the agency is unable to purchase the additional neededright-of--way for the future widening of Linder
Road. It is recommended that the future right-of--way depicted on the plat be preserved in a common
lot, owned and maintained by the homeowners association until such time as it can be purchased by
ACRD or the right-of--way should be dedicated directly to ACHD prior to annexation.
17. It is found that the proposed use (single family residential) is designed appropriately
to match with the existing and intended character of the area is in harmony with the intended future
land use envisioned by the Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDNISION (AZ-02-029)
18. It is not anticipated that the proposed residential and office uses will be hazazdous 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.
In the future right-of--way is preserved through dedication or a common lot, the future capacity of the
road system will be protected. Review of the ACHD, Police and Fire Department's comments
concerning this subdivision will provide further information regarding public services.
20. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
21. It is found that the proposed subdivision will not create excessive traffic, noise or
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 of the city.
22. It is found that the subdivision's vehicular approaches off of Linder 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 aze
removed shall be mitigated for, per the Landscape Ordinance. The White Drain courses along the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
northeast comer of the subject. property, which has been developed as an open space greenbelt and
path system within Bridgetower. The proposed development includes a common lot adjacent to the
White Drain, but no pathway is currently proposed.
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 hot 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDNISION (AZ-02-029)
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 aze found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
IR-8) 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 compazable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDNISION (AZ-02-029)
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.
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 39.92 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 39.92 acres. The legal description
shall be prepazed by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this pazcel 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 Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
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. If the 48-foot right-of--way on N. Linder Road is not dedicated to the Ada County
Highway District, all future right-of--way (the portion to be dedicated) shall be platted in a
separate common lot within Watersong Estates.ln addition, any portion of the future right-
of-way beyond 10 feet from edge of pavement shall be planted with a vegetative groundcover
and adequately maintained by the Homeowner's Association or other responsible parry, in
accordance with the City Landscape Ordinance.
3. This development shall be subject to sanitary sewer and water latecomer fees to
reimburse those responsible for extending sewer and water service into the area. The
latecomer fees for each lot shall be due and payable upon signature on final plat.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Provide a Public Right's-of--Way Road Trust Deposit in the amount of $26,000.00 to
construct 5-foot concrete sidewalk on Linder Road
OR
Construct a 5-foot wide concrete sidewalk on Linder Road with an easement provided
to the District. The face of sidewalk shall be located a minimum of 41-feet from
centerline.
2. Construct Watersong Drive to intersect with Linder Road approximately 415-feet
north of the south property line to align with the Meridian Middle School driveway
located on the east side of Linder Road.
3. Construct the San Remo Drive/Twin Eagles Way intersection to offset the Cool River
Way/San Remo Drive intersection a minimum of 125-feet (measured centerline to
centerline).
4. Construct Watersong Drive from Linder Road to High Altitude Way as a residential
collector with a 36-foot street section with vertical curb, gutter and 5-foot concrete
sidewalk within 50-feet ofright-of--way, as proposed.
5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot
attached concrete sidewalk within 50-feet ofright-of--way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
6. Construct Timber Lakes Lane as a stub street to extend to the south property line
approximately 360-feet east of the west property line, as proposed and install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
7. Extend San Remo Drive from the west property line approximately 550-feet north of
the south property line, as proposed.
8. Extend Shadow Creek Drive to the west property line approximately 75-feet south of
the north property line, as proposed.
9. Construct Cody Creek Way to extend to the north property line approximately 620-
feet east of the west property line; as proposed. Install a sign at the terminus of the
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct four knuckles without islands within the subdivision, as proposed
11. Construct two cul-de-sac turnarounds without islands to provide a minimum turning
radius of 45-feet.
12. 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.
13. Construct a roundabout located on Watersong Drive at the intersection of High
Altitude Way, as proposed. Design the roundabout with a minimum of 21-foot street
sections on either side of the center island and dedicate sufficient right-of--way on either
side of an island. Coordinate the size and design of the roundabout with traffic services
staff.
14. Other than the access points specifically approved with this application, direct lot
access to Linder Road, Ustick Road and Watersong Drive east of High Altitude Way is
prohibited. These restrictions shall be noted on the final Plat.
15. The applicant shall enter into a development agreement with ACRD 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.
16. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDNISION (AZ-02-029)
Standard Conditions of Approval
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.
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 (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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
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 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:
One and two family dwellings will require afire-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 III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of 28' 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.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
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.
UFC 902.2
10. Building setbacks shall be per the Building Code for one and two story construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
D. Adopt the action of the City Council taken at their March 25, 2003 meeting as follows:
1. Based upon the testimony, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large developments, the
Owner/Developer, 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/ACRD Group.
Therefore, as a condition of annexation, Applicant shall participate in any road
infrastructure agreements negotiated with ACRD 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 Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
'the official boundaries and zoning maps as provided in Meridian City Code § 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 § 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 withintwenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
By action of the City Council at its regular meeting held on the
f~/~'Y67..e , 2003.
I
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~- 5~~3
MOTION:
APPROVE DISAPPROVED:.
O~ day of
VOTED-~
VOTED
VOTED~~
VOTED ~~~
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney. ~~""""""""w
By ~ ~ Dated:
City Clerk
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Z:1WorkNdlMeridianlMeridian15360IvnWatersmg Estates AZ-02-029 PP-02-030V+ZFiCI&Order.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
WATERSONG ESTATES SUBDIVISION (AZ-02-029)
~- 8-®3