HomeMy WebLinkAboutTimberfalls Sub AZ 03-003BEFORE THE MERIDIAN CITY COUNCIL
C/C 04-22-03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 14.31 ACRES
FOR PROPOSED TIMBERFALLS
SUBDIVISION, LOCATED ON THE
SOUTH SIDE OF USTICK ROAD,
APPROXIMATELY'/z MILE WEST
Case No. AZ-03-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
OF LOCUST GROVE ROAD,
MERIDIAN, IDAHO
DAN WOOD,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on Apri122, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Interim Planning Director
for the Planning and Zoning Department, and Shawn Nickel, 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 §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 1 OF ] 7
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 14.31 acres in size and is generally
located on the south side of Ustick Road, approximately '/z mile west of Locust Grove Road,
Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
4. The owner of record of the subject property is Wanda Stewart, 2061 Stewart Way,
Boise, Idaho 83716. Applicant is Dan Wood, 2025 E. Chateau Street, Meridian, Idaho 83642.
The property is presently zoned RUT (Ada County), and consists of vacant land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential District).
The subject property is bordered to the north by Weaver Acres Subdivision and
Patrick Subdivision, zoned Rl (Ada County), to the south by Finch Creek Subdivision, zoned R-
8, to the east by Granite Creek Subdivision, zoned R-8, and to the west by Bedford Place
Subdivision, zoned R-8.
8. The Applicant proposes to develop the subject property in the following manner:
Residential subdivision consisting of 50 building lots and 6 other lots.
9. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 2 OF 17
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No. 2, in a letter dated January 29, 2003.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the
pazcel 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 ACRD Ordinance in effect at that time
(currently Ordinance # 196), if funds are available.
OR
Dedicate 38-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 3 OF 17
means of a warranty deed and provide an easement for the sidewalk. 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), if funds 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 the main entrance, East Stormy Drive, to intersect with Ustick Road
approximately 110-feet east of the west property line, as proposed.
4. Construct the internal roadways as 36-foot street sections with rolled curb, gutter
and 5-foot attached concrete sidewalk, as proposed.
5. Extend East Edgar Street from the west property line approximately 280-feet
south of Ustick Road, as proposed.
6. Extend North Starling Way from the south property line approximately 300-feet
east of the west property line, as proposed.
7. Extend East Sharptail Street from the east property line approximately 525-feet
south of Ustick Road, as proposed.
8. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide
a minimum turning radius of 45-feet for the North Muledeer Place cul-de-sac.
9. Construct two knuckles throughout the subdivision, as proposed Construct the
island within the knuckle to be a minimum of 4-feet wide with a minimum azea of 100-
square feet and designed to safely channel traffic and maintain a minimum of a 29-foot
street section.
10. Construct a center island within the East Stormy Drive right-of--way, as proposed.
Provide a minimum of a 21-foot street section (measured from back-of--curb to back-of-
curb) on either side of the island.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 4 OF 17
11. Any proposed landscape islands/medians within the public right-of--way dedicated
by this plat should be owned and maintained by a homeowners association. Notes of this
should be required on the final plat.
12. Other than access points specifically approved with this application, direct lot
access to Ustick Road is prohibited. Notes of the access restrictions aze required on the
final plat.
13. Comply with all Standazd 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 maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old aze 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 ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (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 #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 5 OF 17
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this applicafion, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in nse is sought.
C: Adopt the Recommendations of the Meridian Fire Department as follows:
One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
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.
All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 6 OF 17
Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
D: Adopt the action of the Council taken at their April 22, 2003 meeting as follows:
For clarification, pertaining to the centrally located pazk, the applicant has agreed to
pave portions of the pathways so that residents outside the area know the pathway is
a useable pathway.
2. The applicant has agreed to restrict fence height to not more than four feet (solid) or
six feet (open vision) for any yards abutting the open space or pathways.
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", allowing 3-8 dwelling units per acre. The
project has a gross density of 3.49 dwelling units per acre.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed single-family residential development will be a permitted
use within the requested R-8 zone.
16. It is found that the land to the west, south and east has already been developed in a
manner similar to the proposed subdivision. The surrounding subdivisions are all zoned R-8. ACRD
has reviewed and approved the proposed subdivision (with conditions).
17. It is found that the proposed use (single-family residential) is designed appropriately
to match with the existing and intended character of the general vicinity. The proposed changes to
the existing character of the area aze in harmony with the intended future land use envisioned by the
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 7 OF 17
18. It is not anticipated that the proposed residential use will be hazardous or disturbing to
future or existing neighbors, as long as the recommended conditions of approval are complied with.
19. It is found that the property to be annexed can be served adequately by all essential
public facilities and services. Review of the ACHD and Fire Department's comments concerning
this subdivision will provide further information regarding public services.
20. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
21. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also that traffic and noise will increase with the approval of this subdivision; however it is felt that
the amount generated will not be detrimental to the public welfare of the city.
22. It is found that the subdivision's vehicular approach off of Ustick Road will create
new traffic on surrounding roads. 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.
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 exisflng trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance. The Onweiler Lateral has been tiled
along the southern boundary of the subject property. There is an existing 35-foot wide easement in
favor of the Nampa & Meridian Irrigation District for the Onweiler Lateral. A small users lateral, is
located on the west side of the subdivision, and will need to be tiled in accordance with MCC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 8 OF 17
24. It is found that the annexation of this property would be in the best interest of the
City. The annexation of the subject property will eliminate a County enclave, and will allow the
development of bare ground into an urban density, in compliance with the Comprehensive Plan.
25. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 9 OF 17
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 1 through 10, inclusive.
The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(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
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 of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 10 OF 17
ditches; and Section 12-5-2 N, which pertains to pressurized inigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to 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
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
The applicant's request for annexation and zoning of approximately 14.31 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 14.31 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this pazcel contiguous to the Corporate City Limits per Ordinance No. 686.
Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDMSION (AZ-03-003)
PAGE 11 OF 17
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
1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the paz-
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 ACRD Ordinance in effect at that time
(currently Ordinance # 196), if funds are available.
OR
Dedicate 38-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by
means of a warranty deed and provide an easement for the sidewalk. 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 ACRD 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), if funds 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 sidewallc.
3. Construct the main entrance, East Stormy Drive, to intersect with Ustick Road
approximately 110-feet east of the west properly line, as proposed.
4. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and
5-foot attached concrete sidewalk, as proposed.
5. Extend East Edgar Street from the west property line approximately 280-feet south of
Ustick Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 12 OF 17
6. Extend North Starling Way from the south properly line approximately 300-feet east
of the west property line, as proposed.
7. Extend East Sharptail Street from the east property line approximately 525-feet south
of Ustick Road, as proposed.
8. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a
minimum turning radius of 45-feet for the North Muledeer Place cul-de-sac.
9. Construct two knuckles throughout the subdivision, as proposed. Construct the island
within the knuckle to be a minimum of 4-feet wide with a minimum area of 100-square
feet and designed to safely channel traffic and maintain a minimum of a 29-foot street
section.
10. Construct a center island within the East Stormy Drive right-of--way, as proposed.
Provide a minimum of a 21-foot street section (measured from back-of--curb to back-of-
curb) on either side of the island.
11. Any proposed landscape islands/medians within the public right-of--way dedicated by
this plat should be owned and maintained by a homeowners association. Notes of this
should be required on the final plat.
12. Other than access points specifically approved with this application, direct lot access
to Ustick Road is prohibited. Notes of the access restrictions are required on the final
plat.
13. Comply with all Standard Conditions of Approval.
Standard Conditions of Aporoval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDIVISION (AZ-03-003)
PAGE 13 OF 17
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.
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.
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 # 197, 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 (spaze or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 14 OF 17
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for duration oft hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart. -1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
D. Adopt the action of the Council taken at their Apri122, 2003 meeting as follows:
For clarification, pertaining to the centrally located park, the applicant has agreed to
pave portions of the pathways so that residents outside the area know the pathway is
a useable pathway.
2. The applicant has agreed to restrict fence height to not more than four feet (solid) or
six feet (open vision) for any yards abutting the open space or pathways.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 15 OF 17
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundazies 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 ~ day of
/!/G ~~ , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED_~T_
COUNCILWOMAN TAMMY deWEERD VOTED ~f~-
COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~
COUNCILMAN WILLIAM L.M. NARY VOTED_~~
MAYOR ROyB-ERT D. CORRIE (TIE BREAKER) VOTED
DATED: / ~l~ -®3
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIMBERFALLS SUBDNISION (AZ-03-003)
PAGE 16 OF 17
MOTION:
APPROVED: DISAPPROVED:
-IuI,<ry rie~
Attest: ,```~~~.~ uiiunngy i~ T(L6nfi+~ ~2 /.+J2,~BFQ.~~"~
`~~, ~o~~ T 9,g,'4,o C/ ~ OCCre. G[iG ! /'L.~irr Q~y~
a FQ
~<--- SEAL
William G. Berg, Jr., Ci lerk , v~ {~~ _'
,,
~~~ Usrtrc` ~.
Copy served upon Applicant, the Pl ., olur~P~partment, Public Works Department and
the City AttOmey. '~~'Rr~un7iY11Tt~N\Nt~~` ```~\stlplpu~N~r~~ r''
By ~ /~ Dated: 5-/3'03 ~ l°- ~~ f? ,~
City Clerk -
s
~ 94 ~'~, ,~ „~
~~
Z:\WorklMVvleridianlMeridian 15360M\Timberfalls Sub AZ 03 003 PP 03 002\4ZFfCl&Arder.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TINIDERFALLS SUBDNISION (AZ-03-003)
PAGE 17 OF 17