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HomeMy WebLinkAboutParkstone Sub AZ 02-033 BEFORE THE MERIDIAN CITY COUNCIL HILL VIEW DEVELOPMENT, APPLICANT IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 104.77 ACRES ) FOR PROPOSED PARKS TONE ) SUBDIVISION, LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, Y. ) MILE WEST OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) ) ) C/C 03/18/03 C/C 04-01-03 Revised per C/C action 4/15/03 Case No. AZ-02-033 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 March 18,2003 and continued until April 1, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Tye Ketlinski, George Law, John Blakeslee, John Nesmith, Mary Berg, Becky McKay, Bruce Mills, and Vic Clapp, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDNISION (AZ-02-033) PAGE 1 OF 26 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 annexation and zoning is described in the application, is approximately 104.77 acres in size and is located on the north side of Us tick Road, Yz mile west of Eagle 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 ofthe subject property is Tom and Sue Davis, 2740 E. Ustick Road, Meridian. Applicant is Hillview Development Corporation, 150 E. Aikens, Suite A, Eagle, 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. 7. The subject property is bordered to the north by Heritage Subdivision (zoned RI, Ada County) and a large single-family home on several acres (zoned RUT, Ada County), to the south by rural residential lots (zoned RUT and RI, Ada County), to the east by Summerfield Subdivision (zoned R-4) and Education Campus (new elementary and charter high school site, zoned R-4), and to the west by rural residential (zoned RUT, Ada County, depicted as "Regional Mixed Use" on the Comprehensive Plan Land Use Map. 8. The Applicant proposed to develop the subject property in the following manner: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 2 OF 26 Planned Development consisting of275 single-family detached building lots, 52 townhouse lots, 4 office lots, 2 commercial lots, I miui-storage lot, 1 pocket park, 1 City "Neighborhood" Park and 32 common lots. 9. The Applicant requests zoning ofthe subject real property as R-8 (PD) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential with a designation for a potential park. 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 Karl and Cheryl Smith, expressed in their letter dated February 2,2003; John and Shirley Schey, expressed in their letter dated February 11, 2003; Lynda and Marty Lindgren, expressed in their letter dated February 13, 2003; Vem Alleman, expressed in his letter dated February 17, 2003; Wendel Bigham, Joint School District, expressed in his letter dated January 10, 2003, and Tom E. Davis and Sue C. Davis, expressed in their letter dated March 27, 2003. Additionally, the Council recognizes the comments/points of interest of Wendell Bigham, Joint School District No.2, pertained in a memorandum dated March 31, 2003 from Brad Hawkins-Clark, and pertained in a facsimile to Brad Hawkins-Clark from Wendell Bigham on March 31,2003, as follows: 1. The school district has had regular contact with Mr. Davis and Hillview Development regarding the potential development of this property. There will be adequate capacity at the new Locust Grove elementary school currently under construction to serve the Parkstone Subdivision. The school's student capacity is 650. 2. The district estimates that, by the time Parkstone Subdivision is built out, the Havasu Creek elementary school will be constructed. This school is within one mile of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 3 OF 26 Locust Grove school and will be equipped to handle any overflow that might occur at the Locust Grove site. 3. The school district boundaries will continue to shift as development builds-out. If the densities occur as per the Comprehensive Plan, there will continue to be one elementary school serving each square mile, which the district believes will be adequate. 4. Discovery Elementary School located within the Educational Campus Subdivision on Locust Grove Road will accommodate those students generated from the final build out of the Parkstone Subdivision. Over time the current boundary for Discovery Elementary will reduce in size due to increased growth in the north Meridian area and that growth will drive the construction of additional elementary schools in the nearby sections. We were aware of the proposed Parkstone Subdivision at the time the boundaries were set and continue our support for approval of the Parkstone Subdivision upon the Davis property. 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: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) untilI2/2l/05 or final plat approval of all phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 4 OF 26 B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval (Upon Development) 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. lfthe sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a lO-foot asphalt pathway on the east side ofthe roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDNISION (AZ-02-033) PAGE 5 OF 26 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610- feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-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". 14. Utilize the driveway that intersects U stick Road approximately 200- feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 6 OF 26 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a miuimum clear distance of2I-feet (measured back-of-curb to back-of-curb). 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. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD's Inter-Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 7 OF 26 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDNISION (AZ-02-033) PAGE 8 OF 26 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 ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: I. The portion of the project which is one and two family dwellings will require a flIe- 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. Commercial, office and storage occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed flIe hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a tumingradius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. The typical street width of34' will be allowed to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 9 OF 26 parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. 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. 11. 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 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarifY, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side ofthe property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarifY the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation ofthe water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total 000 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18,2003 public hearing. Said memo states the Developer may receive a park impact fee credit for 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 10 OF 26 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. 1. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. k. The Park and Recreation Department shall provide plans and construction documents, and the developer shall build according to the Park and Recreation Departments specifications. 1. The park is to be transferred to the City prior to the filing of the fmal plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. 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, which designates the land to be "Medium Density Residential" with a Community Park. The park indicated on the Comprehensive Plan at this location is intended to be a community park rather than a neighborhood park as proposed by the applicant. The Comprehensive Plan also indicates that the subject property should have a "Multi Use" pathway running north-south through the middle of the proposed subdivision. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 11 OF 26 with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they are willing to install a 10' asphalt multi-use pathway along the east side ofN. Park Place Way. The pathway can cross Nakano Drive and proceed west to the pocket park and north along the edge of the park to the pedestrian pathway (lot 16, block 19). A multi-use pathway can be added through block 18. This will align with the N. Conley Avenue stub street, providing a pedestrian outlet to the north for future pathway extension. This issue is discussed in further detail within the preliminary plat additional considerations. The Parks Department comments may be reviewed concerning the proposed neighborhood park and the need for a pathway within the subdivision. The applicant's request to continue raising 150 head of cattle on this property during development does not comply with the Comprehensive Plan's residential designation of the subject property; however, there is no objection to the continuation of the agricultural use of the subject property during the phased construction of the project. This issue is addressed in number 12 above, under Annexation and Zoning Conditions of Approval number 2. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. The commercial uses (i.e. office, commercial and mini-storage) are allowable as excepted uses if approved as part of the overall planned development. It is recommended that the land used for office use be rezoned to 1-0, and likewise the commercial property be re-zoned to CoG rather than R-8 as proposed. 15. It is found that the proposed single family residential subdivision with some FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 12 OF 26 commercial uses would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 16. It is found that the land to the north and west of the property are developed in a residential manner similar to the proposed subdivision and the land on the eastern side of the proposed subdivision will most likely be developed in a commercial or higher intensity use. It is also found that the requested zoning designation ofR-8 is harmonious with the recently approved adjacent development and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residential, office, commercial and mini-storage) will not change the existing (single family) or intended character (single family and mixed use) of the area. 18. It is not anticipated thatthe proposed residential uses willbe hazardous or disturbing to future or existing neighbors. 19. It is found that the property to be annexed will or can 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 cornments concerning this subdivision will provide further information regarding public services and facilities. The applicant has requested that the Davis home located near the southeast corner be allowed to wait to hook up to City services until such time as the phasing for the project brings services to the existing house. There is no objection to the request as this issue is addressed in number 12 above, under Annexation and Zoning Conditions of Approval number 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 13 OF 26 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities 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 recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of Us tick Road will create new interference with the existing east-west traffic on Ustick Road; however staff does not believe 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 services are available to the site and that the inclusion of a new City Park within the subdivision makes the annexation of this property 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDNISION (AZ-02-033) PAGE 14 OF 26 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. 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 S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 15 OF 26 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defmed in the Zoning Ordinance at S 11-7-2 D as follows: (R-B) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has 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 ofthe City of Meridian. 8. Pursuantto 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 16 OF 26 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 104.77 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 1 04.77 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or fmal plat approval of all phases. B. Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 17 OF 26 Site Specific Conditions of Approval (Upon Development) 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the par- cel 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 ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a lO-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted onthe final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (AZ-02-033) PAGE 18 OF 26 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33- foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fIre department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42- feet of right-of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610- feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-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" . 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North LeSlie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 19 OF 26 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a miuimum of 4-feet wide to total a miuimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of2I-feet (measured back-of-curb to back-of-curb). 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. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD's Inter-Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDNISION (AZ-02-033) PAGE 20 OF 26 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387 -6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD 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 authorized representative of the Ada County Highway District. The burden shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-02-033) PAGE 21 OF 26 upon the applicant to obtain writte confirmation of any change from the Ada County Highway District. 11. Any change by the applic t in the planned use of the property which is the subject of this application, shall rfuire the applicant to comply with all rules, regulations, ordinances, plans, or ther regulatory and legal restrictions in force at the time the applicant or its successor in interest advises the Highway District of its intent to change the planned use of the subj ct property unless a waiver/variance of said requirements or other legal relief i granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofth Meridian Fire Department as follows: 1. The portion of the proj ect w . ch is one and two family dwellings will require a fire-flow of 1,000 gallons per minute av 'Iable for duration of2 hours to service the entire project. Fire hydrants shall be placed an verage of 400' apart. 1997 UFC Appendix ill-A 2. Commercial, office and sto ge occupancies will require a fire-flow consistent with the Uniform Fire Code to servi e the proposed project. Fire hydrants shall be placed an average of 400' apart. 199 UFC Appendix ill-A 3. The fire department request that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire d emergency medical service vehicles. This cost of this installation is to be borne b the developer. 4. Acceptance of the water surlPlY for fire protection will be by the Meridian Water Department. I 5. Final Approval of the fire h drant locations shall be by the Meridian Fire Department. The proposed fire hydrant cations will be submitted to the Public Works for plan revIew. have a turning radius of28' inside and 48' outside. 6. All roads and fire lanes s 7. Insure that all yet undevelo ed parcels are maintained free of combustible vegetation per Section 1103.2.4 of the U form Fire Code. 8. All access roads within the roject shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted arking to only one side. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSION OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE TION AND ZONING PARKSTONE SUBDNISIO (AZ-02-033) AGE 22 OF 26 I 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. 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. 11.A miuimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a miuimum of 15' to improve turning radiuses at these entrances. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarifY, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner ofthe adjacent property, Vic Clapp. E. To clarifY the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKS TONE SUBDMSION (AZ-02-033) PAGE 23 OF 26 a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) .of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. i. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. k. The Park and Recreation Department shall provide plans and construction documents, and the developer shall building according to the Park and Recreation Departments specifications. I. The park is to be transferred to the City prior to the filing of the fmaI plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. 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 S 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 S 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 24 OF 26 NOTICE OF FINAL ACTION Please take notice that this is a fmal action of the governing body of the City of Meridian. Pursuantto Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ;22-115 day of 4;;r;1- ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED* COUNCILMAN WILLIAM L.M. NARY VOTED~ - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4- 2--2..---03 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 25 OF 26 MOTION: APPROVED: ~ DISAPPROVED: Attest: By:~~~~9- Dated: 4...t'3/~3 City Clerk ~ $ ent, Public Works Department and ; SEAL \ ~4,. ,# .0 J \, '1'<> ~r 1~ . ~ $ ~J. ~~ ...o'f'" .......~ --"" .... \" I'~fll . ",\\ "1"110i'IO'\\\\ Z:\WorklMlMeridianlMeridian 15360M\Parkstone Sub Az.02-033 PP-Q2-033 CUP-02-049\AZFtCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDNISION (AZ-02-033) PAGE 26 OF 26