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HomeMy WebLinkAboutCastlebrook Sub No 2 AZ 02-031 BEFORE THE MERIDIAN CITY COUNCIL C/C 04-15-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 39.05 ACRES ) FOR PROPOSED CASTLEBROOK ) SUBDIVISION NO.2, LOCATED AT ) 4000 W. PINE AVENUE, EAST OF ) BLACK CAT ROAD AND SOUTH ) OF WEST CHERRY LANE, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-02-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CRESTLINE DEVELOPMENT, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on April 15, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kevin Amar, 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 11c15-5 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 CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 1 OF 16 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 39.05 acres in size and is located at 4000 W. Pine Avenue, East of Black Cat Road and South of West Cherry Lane, 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 Great Oaks Water Company, Inc., 4000 West Pine Avenue, Meridian, Idaho 83642. Applicant is Crestline Development, LLC, 416 East 1st Street, Meridian, Idaho 83642. 5. The property is presently zoned RUT (Ada County), and consists of agricultural 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 by Ten Mile Creek, a park and Rod's Parkside Creek Subdivision, zoned R-4, to the south, east and west by rural residential/agricultural properties zoned RUT (Ada County). 8. The Applicant proposes to develop the subject property in the following manner: Residential subdivision consisting of 150 building lots and 9 other lots. 9. The Applicant requests zoning of the subject real property as R-8, which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 2 OF 16 consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration ofthis application. 11. 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 COMMENTS I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval I. Extend EI Gato Street at the southwest property line (at the mid mile), as proposed. Construct EI Gato Street as one half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 40- feet of right-of-way. Direct access to El Gato Street is restricted. This restriction shall be noted on the final plat. 2. Construct the remaining roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 3. Extend Dover Street from the west property line approximately 540-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 3 OF 16 4. Construct Dover Street as a stub street to the east property line approximately 485-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct five knuckles (without center islands) throughout the subdivision, as proposed. 6. Construct two turnarounds (without center islands) in the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 7. Construct two islands within Carisbrooke Avenue, as proposed. Provide a minimum of21-feet from the back of the islands curb to the back of the roadway 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. 8. Unless otherwise approved by the District, direct lot access to EI Gato Street shall be prohibited. This shall be noted on the [mal plat. 9. 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 Constrnction 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 certi1Y all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO. 2 (AZ-02-031) PAGE 4 OF 16 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 veri1}r all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. 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 ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 5 OF 16 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. 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 8. A temporary second point of access may be required as a result of the phasing of the proj ect. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Bridges are dangerous and hard to maintain, however, the District would accept a large culvert installed in the proposed crossing as it would be a better solution with the proper agreement in place. E. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows: 1. For clarification, either an open vision fence or a maximum four foot solid fence shall be constructed along all the lots on the north boundary which are adjacent to the pathway. 2. The homeowner's association shall own and maintain the pathway that runs along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to Fuller Park shall be a culvert. 3. The pathway shall be constructed prior to the issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway. Additionally, both accesses shall be built at the same time for safety issues and for better visual access. 4. The applicant shall obtain a License Agreement with the Nampa & Meridian Irrigation District for the pathway and culvert prior to the City signature ofthe Final Plat for the first phase ofthe development. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE60F 16 designates the land to be "Medium Density Residential". 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed subdivision will be allowed within the requested R-8 zone. 15. It is found that the surrounding properties include rural residential properties and residential subdivisions. It is also found that the requested zoning designation ofR-8 is harmonious with the existing and planned adjacent developments. 16. It is found thatthe proposed uses (detached single family residential) will not change the existing or intended character ofthe area. 17. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 18. It is found that the staff has been working with the applicant and his engineer on the determination of serviceability of the proposed application. Even though there are still technical details to be worked out, staff is confident that the City of Meridian's sanitary sewer and water facilities can adequately serve the project. 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 Fire Department's comments concerning this subdivision will provide further information regarding public services. 19. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 7 OF 16 20. 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. 21. It is found that the subdivision's vehicular approach offofEl Gato Road will create new interference with the existing traffic on Black Cat Road and Pine Road. However it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 22. It is found that no natural or scenic features of major importance will be lost or darnaged 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. 23. It is found that the annexation ofthis property would be in the best interest of the City. 24. 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. 11, 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. 25. It is also found that the development considerations as referenced in Finding No. II 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 ofthe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 8 OF 16 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 I. 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. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals I through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 9 OF 16 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 Citv 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 ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 39.05 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 39.05 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISIONNO. 2 (AZ-02-031) PAGE 10 OF 16 to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING COMMENTS I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval 1. Extend EI Gato Street at the southwest property line (at the mid mile), asproposed. Construct EI Gato Street as one half of a 36- foot street section with vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional pavement within 40-feet of right- of-way. Direct access to El Gato Street is restricted. This restriction shall be noted on the final plat. 2. Construct the remaining roadways as 36- foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 3. Extend Dover Street from the west property line approximately 540-feet north of the south property line, as proposed. 4. Construct Dover Street as a stub street to the east property line approximately 485- feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct five knuckles (without center islands) throughout .the subdivision, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDIVISION NO.2 (AZ-02-031) PAGE 11 OF 16 6. Construct two turnarounds (without center islands) in the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 7. Construct two islands within Carisbrooke Avenue, as proposed. Provide a minimum of 2 I-feet from the back of the islands curb to the back of the roadway 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. 8. Unless otherwise approved by the District, direct lot access to EI Gato Street shall be prohibited. This shall be noted on the final plat. 9. 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 ofthe 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 certi1}r 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 12 OF 16 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 veri1}r all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISIONNO. 2 (AZ-02-031) PAGE 13 OF 16 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. 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 8. A temporary second point of access may be required as a result of the phasing ofthe proj ect. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. Bridges are dangerous and hard to maintain, however, the District would accept a large culvert installed in the proposed crossing as it would be a better solution with the proper agreement in place. E. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows: 1. For clarification, either an open vision fence or a maximurn four foot solid fence shall be constructed along all the lots on the north boundary which are adjacent to the pathway. 2. The homeowner's association shall own and maintain the pathway that runs along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to Fuller Park shall be a culvert. 3. The pathway shall be constructed prior to the issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway. Additionally, both accesses shall be built at the same time for safety issues and for better visual access. 4. The applicant shall obtain a License Agreement with the Nampa & Meridian Irrigation District for the pathway and culvert prior to the City signature of the Final Plat for the first phase ofthe development. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 140F 16 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. NOTICE OF FINAL ACTION Please take notice that this is a [mal action of the governing body of the City of Meridian. Pursuant to 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 ofthis 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 64 day of m~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED ~ VOTED ~ VOTED ~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f) - 6 -03 VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 15 OF 16 MOTION: y APPROVED:~ DISAPPROVED: Attest: ByJl~4--~C)Dated: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CASTLEBROOK SUBDNISION NO.2 (AZ-02-031) PAGE 16 OF 16