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HomeMy WebLinkAboutBaltic Place Subdivision AZ-01-008BEFORE THE MERIDIAN CITY COUNCIL C/C 08-08-01 IN THE MATTER OF THE ) APPLICATION OF L.C. ) DEVELOPMENT, INC., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 12.71 ACRES FOR ) PROPOSED BALTIC PLACE ) SUBDIVISION, LOCATED ) BETWEEN THE MERIDIAN ) CEMETERY AND MEDIMONT ) INDUSTRIAL PARK ON ) FRANKLIN ROAD WEST OF ) THE INTERSECTION OF ) FRANICLIN AND LOCUST ) GROVE, MERIDIAN, IDAHO ) ) Case No. AZ-O1-008 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 July 17, 2001 and continued until August 8, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was: Shawn Nickels, and appearing with comments or concerns was: Kevin Abemathy, and the City Cotmcil having duly considered the evidence and the record in this matter therefore makes FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-O08) the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 17, 2001 and continued until August 8, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 17, 2001 and continued until August 8, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. 3. The City Council tal(es judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INCd BALTIC PLACE SUBDIVISION - (AZ-Oi-O08) Page 2 development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subiect of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 12.71 acres in size and is located between the Meridian Cemetery and Medimont Industrial Park on Frauldin Road west of the intersection of Franklin and Locust Grove. The property is designated as Baltic Place Subdivision. 6. The owner of record of the subject property is Centers Construction of Meridian, Idaho. 7. Applicant is L.C. Development, Inc. of Meridian, Idaho. 8. The property is presently zoned by Ada County as R-1/RUT, and consists of residential/agricultural uses. 9. The Applicant requests the property be zoned as C-G/R-40 combination. 10. The subject property is bordered to the north and east by I-L zoning in the City of Meridian, and to the south and west by the Meridian cemetery zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 3 RUT. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a planned unit development consisting of 9 commercial building lots, 4 common lots and 1 residential apartment lot. 14. The Applicant requests zoning of the subject real property as C-G/R-40 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed-Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall be required to enter into a Development Agreement with FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION - (AZ-O1-008) the City as a condition of annexation. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. A development agreement shall be required as a condition of annexation and the following uses shall only be allowed through a conditional use permit: automobile service station automobile washing facilities bus and rail stations greenhouses and nurseries hotels indoor/outdoor entertainment motels planned commercial development storage facilities service stations truck stops wholesale facilities equipment sales and repair. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections I 1-13-4.C. and 12-5-2.M. 6. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) ¸7. 10. locations are at street intersections and/or fire hydrants. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Off-street parldng shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-5-2.K. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 12. Dedicate 31 to 42-feet of right-of-way from the section line of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 13. Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 485-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 6 14. Construct Baltic Place as a public street, private street, or driveway on the south side of Franklin Road to align with Baltic Road on the north side of Franldin Road. If the applicant constructs Baltic Place as a public street it shall be constructed as a 40-foot street section within 58- feet or right-of-way with a standard turnaround at the south end of the street. 15. Construct a public turnaround at the terminus of Kalispell Street. 16. If Baltic Place is constructed as a public street, driveways shall be located a minimum of 50-feet south of Franklin Road and paved their full width and at least 30-feet into the site beyond the edge of pavement of Baltic Place. 17. The applicant shall provide a recorded cross access easement for all of the lots within the subdivision for access to the public streets if Baltic Place is not constructed as a public street. 18. Construct a center turn lane on Franldin Road for the Franldin Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. In accordance with the traffic study, the center turn lane shall not be required until the site generates 298 vehicle trips per day (45 apartment units; or 27,000-square feet of office; or 7,000-square feet of retail; etc.,.) as determined by the land use, and the ACHD trip generation rate in the impact fee schedule. 19. Construct a right turn lane (eastbound) on Franklin Road for the Franldin Road/main entrance intersection. Coordinate the design of the turn lane with District staff. 20. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 7 2 I. Any existing irrigation facilities shall be relocated outside of the right-of- way. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 24. The Nampa & Meridian Irrigation District's Hunter Lateral courses along the south boundary of the proposed project. Any encroachments shall be approved and a signed License Agreement shall be in place. 25. The District requires a Land Use Change/Site application to be filed with the District. 18. 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. I7, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 17 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-O1-008) will not change the essential character of the affected vidnity 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. 20. It is found that the zoning of the subject real property as General Retail and Service Commercial (C-G) and High Density Residential District (R-40) require connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY LC. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 9 21.3 21.4 21.5 21.6 The application is consistent with Meridian's self identity. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer. 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page i0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, Januaxy 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 4.2 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY LC. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 11 facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Additionally, the following goals and policies are relevant to this application and they are as follows: Goals of the Comprehensive Plan Goal 7: To provide community services to fit existing and projected needs. Economic Development Chapter Policies 1.2 and 1.4 Housing Chapter Policies 1.4 Land Use Chapter Policies 4.3U and 4.8U Community Design Chapter Policies 2.2U and 4.4U 5. The zonings of General Retail and Service Commercial (C-G) and High Density Residential District (R-40) are defined in the Zoning Ordinance at § 11-7-2 F. and K. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION - (AZ-01-008) Page 12 (R-40) High Densi _ty Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. AND (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring pubIic. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible Mixed/Planned Use Development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Fails, 105 Idaho 65,665 P2d 1075 (1983). 8. 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. 9. The development of the property shall be subiect to and controlled by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-O1-008) Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned; the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall talce effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitanent shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an tmrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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 12.71 acres to High Density Residential District (R-40) and General Retail And Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.71 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 14 Idaho, 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 enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. A development agreement shall be required as a condition of annexation and the following uses shall only be allowed through a conditional use permit: automobile service station automobile washing facilities bus and rail stations greenhouses and nurseries hotels indoor/outdoor entertainment motels planned commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INCJ BALTIC PLACE SUBDIVISION - (AZ-O1-008) Page 15 ¸6. 10. 11. storage facilities service stations truck stops wholesale facilities equipment sales and repair. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parlcing areas. All site drainage shall be contained and disposed of on-site. Off-street parldng shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION - (AZ-01-008) Page 16 Adopt the Recommendations of the Ada County Highway District as follows: 12. Dedicate 31 to 42-feet of right-of-way from the section line of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 13. Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Frank/in Road abutting the parcel (approximately 485-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 14. Construct Baltic Place as a public street, private street, or driveway on the south side of Franldin Road to align with Baltic Road on the north side of Franklin Road. If the applicant constructs Baltic Place as a public street it shall be constructed as a 40-foot street section within 58- feet or right-of-way with a standard turnaround at the south end of the street. 15. Construct a public turnaround at the terminus of Kalispell Street. 16. If Baltic Place is constructed as a public street, driveways shall be located a minimum of 50-feet south of Franldin Road and paved their full width and at least 30-feet into the site beyond the edge of pavement of Baltic Place. 17. The applicant shall provide a recorded cross access easement for all of the lots within the subdivision for access to the public streets if Baltic Place is not constructed as a public street. 18. Construct a center turn lane on Franldin Road for the Frank/in Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. In accordance with the traffic study, the center turn lane shall not be required until the site generates 298 vehicle trips per day (45 apartment units; or 27,000-square feet of office; or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) 7,000-square feet of retail; etc..,) as determined by the land use, and the ACHD trip generation rate in the impact fee schedule. 19. Construct a right turn lane (eastbound) on Franldin Road for the Franldin Road/main entrance intersection. Coordinate the design of the , turn lane with District staff. 20. 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. Any existing irrigation facilities shall be relocated outside of the right-of- way. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 24. 25. The Nampa & Meridian Irrigation District's Hunter Lateral courses along the south boundary of the proposed proiect. Any encroachments shall be approved and a signed License Agreement shall be in place. The District requires a Land Use Change/Site application to be filed with the District. 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-40) High Density Residential District and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION - (AZ-01-008) (C-G) General Retail And Service Commerdal District, and Meridian City Code § 1 I-7- 2 F. and K. 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 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 of )67vbe ,2001. ROLL CALL COUNCILMAN RON ANDERSON day FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 19 COUNCILMAN ICEITH BIRD VOTED_~ COUNCILWOMAN TAMMY deWEERD VOTED_~K-/ COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT O. CORR/E (TIE BREAKER) DATED: VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By City Clerk Dated \\NPA_NT S40_P DCkSERVER_Z~WorkkM~vleridian~vler idi an 015V~ZFfClsOrder.doc 15360M~altic PlaceAZ01-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY L.C. DEVELOPMENT, INC./ BALTIC PLACE SUBDIVISION- (AZ-01-008) Page 20