HomeMy WebLinkAboutVerona Sub AZ 03-005BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/13/03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 61.69 ACRES TO
R-S ZONE FOR VERONA
SUBDIVISION, LOCATED ON THE
NORTHEAST CORNER OF W.
McMILLAN ROAD AND N. TEN
MILE ROAD, MERIDIAN, IDAHO
Case No. AZ-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
PRIMELAND DEVELOPMENT,
LLP
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 13, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning
and Zoning Department; Brad Watson City Engineer; and Becky McKay, appeared and testified,
and the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 1 OF 24
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 61.69 acres in size and is located on the
northeast comer of W. McMillan Road and N. Ten Mile 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 are E.L. and Shirley Bews, 5204 N.
Sorrento Circle, Boise, Idaho 83704. Applicant is Primeland Development, LLP, 660 E. Franklin
Road, Suite 110, Meridian, Idaho 83642.
5. The property is presently zoned RUT (Ada County) and C-G (General Retail and
Service Commercial) and consists of vacant land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
The subject property is bordered to the north by a future City park (L,ochsa Falls
Subdivision, zoned R-4), to the south by Bridgetower Subdivision (zoned R-4 and C-G), to the
east by Lochsa Falls Subdivision (zoned R-4), and to the west by rural residential properties
(zoned RUT, Ada County).
8. The Applicant proposes to develop the subject property in the following manner:
Planned Development consisfing of 146 detached single-family homes, 20 townhomes, 6 office
lots, and 16 open space lots, including addition to Community Park.
9. The Applicant requests zoning of the subject real property as R-8 (PD) which is
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 2 OF 24
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 of this 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:
ANNEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project per City
Ordinance 9-1-4, when services are available from the City of Meridian. Wells maybe used
for non-domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate imgation/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can't be obtained, plans will
be reviewed and approved by the Meridian City Engineer prior to final plat signature.
3. A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future office/church uses
obtain conditional use permit approval prior to development and *"° .:,...:.,,. °F ^^~U
~ ^,. ,^.~~,.Pw.,,., °....~^a.:..s,.,. a.k... ..k'.. .. rl pathway
construction. (See letter D. hereinbelow pursuant to Council action taken at their May 13,
2003 meeting.)
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 3 OF 24
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
1. Dedicate 38-feet ofright-of--way from the centerline of Ten Mile Road (an
additional 13-feet ofright-of--way) and place the sidewalk within an easement on the
proposed common lot (a minimum of 41-feet from centerline, as proposed. If the
applicant wishes to consider other options for the right-of--way and construction of
sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding
for Consideration #2. (See letter D. herein below pursuant to Council action taken at their
May 13, 2003 meeting.)
2. The applicant shall do one of the following:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as
West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of
Ten Mile Road, as proposed.
4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road
approximately 850-feet north of McMillan Road, as proposed.
5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road
approximately 140-feet south of the north property line, as proposed.
6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot
concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt
pathway on the north side of the roadway within 50-feet ofright-of--way with no front on
housing, as proposed. Provide the District with an easement for the sidewalk that will
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 4 OF 24
extend outside of the right-of--way. Direct access and parking is prohibited on West
Bellagio Drive.
7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 54-feet ofright-of--way.
8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-
foot-attached sidewalks within 50-feet ofright-of--way, as proposed. Provide the District
with documentation showing that the appropriate fire department has reviewed and
approved this street section unless otherwise approved by the District.
9. Extend San Marino Street from the east property line approximately 1,260-feet
north of McMillan Road, as proposed.
10. Extend West Cosenza Street from the east property line approximately 710-feet
south of the north property line, as proposed
11. Extend West Malta Drive from the east property line approximately 125-feet
south of the north property line, as proposed.
12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide
a minimum fuming radius of 45-feet.
13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed.
Provide a minimum 21-foot street section (measured back-of--curb to back-of-curb). Any
proposed landscape islands/medians within the public right-of--way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
14. Construct a driveway on the west side of East Carrara Drive approximately 230-
feet north of McMillan Road, as proposed
15. Construct a driveway on the east side of East Carrara Drive approximately 350-
feet north of McMillan Road, as proposed
16. Construct a driveway on the east side of East Carrara Drive approximately 750-
feet north of McMillan Road, as proposed.
17. Construct a driveway on the north side of East Carrara Drive approximately 180-
feet east of Ten Mile Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 5 OF 24
18. Construct a driveway on the north side of East Carrara Drive approximately 340-
feet east of Ten Mile Road, as proposed.
19. Construct a driveway on the north side of East Carrara Drive approximately 500-
feet east of Ten Mile Road, as proposed.
20. Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten
Mile Road. Coordinate the design of the tum lane with District staff.
22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten
Mile Road. Coordinate the design of the turn lane with District staff.
23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the tum lane with District staff.
24. Construct a westbound right-tum lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the tum lane with District staff.
25. Enter into a development agreement with ACHD that outlines right-of--way
acquisition, costs, timing and payment; and shall also include an agreement that this
development shall be subject to any extraordinary impact fee, LID or other funding source
established by the District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements as established
by the applicant's traffic impact study.
26. The applicant is donating 13 feet of additional right-of--way subject to receiving a
credit against extraordinary impact fees, if such extraordinary impact fees are imposed on
this development. (See letter D. hereinbelow pursuant to Council action taken at their
May 13, 2003 meeting.)
27. Other than the access points specifically approved with this application, direct lot
access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited.
Notes of this shall be noted on the final plat.
28. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 6 OF 24
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #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 (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 7 OF 24
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. 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. Commercial and office occupancies will require afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
3. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. T'''. `'' ~ - ~ =`-" -~ -- ~= . T,;_
. (See letter D.2. hereinbelow pursuant to Council taken at their May
13, 2003 meeting.)
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
through the City Engineering Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Typical street width of 34' will be allowed to have parking
on both sides. The typical collector street with a width of 29' will be required to have restricted
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 8 OF 24
parking to only one side. UFC 902.2.2.1 (See letter D. herein below pursuant to Council
action taken at their May 13, 2003 meeting.)
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
9. 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 turnazound.
10. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. This may be a concern during the phasing of the project.
UFC 902.2.1
11. The proposed 174-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 504 residents at build out. The 6 office lots and 1 school
lot will have an unknown transient population and will have an unknown impact on Meridian
Fire Department call volume.
D. Adopt the action of the Council taken at their May 13, 2003 meeting as follows:
1. Under the Annexation and Zoning Conditions of Approval item A-3, the applicant shall
construct the ten-foot-wide asphalt pathway, collector roadway, sewer and water service,
and 20-foot collector landscaping. No pazk improvements are proposed such as a parking
lot or additional landscaping. The applicant will donate the park area without requesting
park impact fee credits.
2. The applicant's project does not warrant a signal; however, future development of the
community park may require signalization. The funding of any Opticom improvements
should be borne by the heavy traffic generator.
3. The applicant shall be required to provide common driveway access for Lots 9, 10, 25
and 26 of Block 3, and for Lots 27 and 28 of Block 10.
4. Pertaining to the small waste ditch located on the northern edge of the property, the
applicant shall provide a bid from their contractor for the costs to pipe the ditch. The
applicant shall set up a trust fund with the Public Works Department to place money
aside for the future piping of the waste ditch. This trust fund would help eliminate having
to redo any improvements that might be destroyed when the park is designed and built in
the future.
5. In the northwest comer of the property shall be located a storm drainage retention area.
The applicant shall landscape and buffer the area and the area shall either be given to the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 9 OF 24
Parks Department or shall be split off and be retained as a private ownership.
6. The applicant has donated right-of--way for the project on the arterial for Ten Mile, and
shall not request an impact fee c redit, a xcept i f e xtraordinary i mpact fees are a ver
imposed on the project, then the applicant shall be allowed credit for the value of the
donation.
Since the applicant donated the easement area for constmction of the water main,
latecomer fees for water shall not be assessed, provided that applicant submits to the City
ofMeridian a written release, or a copy of an agreement, in which Farwest Development
and Ed Bews agreed to release the applicant/developer from the latecomer fees.
8. The applicant shall not be required to fence the northerly boundary or fence adjacent to
the phase lines.
9. The applicant will donate 13 additional feet ofright-of--way on Ten Mile and McMillan
Roads.
10. All internal roads will be 36' back of curb to back of curb.
11. The preliminary plat dated 4/30/03 is approved.
12. No playground equipment is proposed with this development.
13. It is found that the requested zoning designation, R-8, is in general compliance with
the effective Comprehensive Plan (`02) and Future Land Use Map, which designates the land to be
"Medium Density Residential." The proposed office uses within the subdivision are permissible
under the excepted land use provisions of the MCC (12-6-3). T he C omprehensive P lan a lso
designates a community park and a pathway within the proposed subdivision boundaries and they
have been included within the subdivision by the applicant.
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 subdivision with office uses
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 10 OF 24
would be allowed within the requested zoning designations, if accompanied with a Conditional Use
Permit for a Planned Development.
16. It is found that the land to the east (Lochsa Falls) and south (Bridgetower) of the
property has recently been approved for development similar to the proposed subdivision. It is found
that the requested zoning designations are harmonious with recently approved developments in the
general area and should be rezoned in the requested manner.
17. It is found that the proposed uses (single-family residential and office) will
inevitably change the existing rural character of the subject property; however they do fit in with the
intended character of the general vicinity.
The proposed uses are compatible with the
Comprehensive Plan and Future Land Use Map.
18. It is not anticipated that the proposed residential and office uses will be hazardous;
however the traffic and noise they generate maybe disruptive to future or existing neighbors.
19. It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services if all conditions of approval are met by the applicant. The
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. The applicant must meet all
requirements of ACHD in order to provide adequate facilities for the proposed and existing street
system. It cannot be recommended for approval for the proposed subdivision if the applicant does
not meet ACHD requirements. Review of the ACRD and Fire Department's comments concerning
this subdivision will provide further information regarding public services and facilities.
20. It is found that there will not be excessive additional requirements at public cost for
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 11 OF 24
public services and facilities, if the applicant complies with the conditions of approval for the
accompanying conditional use permit and preliminary plat applications.
21. It is found that the fact that traffic and noise will increase significantly upon build-out
of the proposed subdivision; however it is not felt that the amount generated will be detrimental to
the public welfare of the City if all conditions of approval are met. It is also found that the proposed
subdivision will not involve uses that would create other nuisances that would be detrimental to the
general welfare of the surrounding azea.
22. It is found that if the proposed roadways are improved to be in compliance with
ACHD requirements they will not create interference with the existing and proposed public streets.
Review of ACHD comments will show their concern of the vehicular approaches and traffic
generation
23. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4"caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that services are available to the proposed subdivision, that the
proposed development is in agreement with the City's Comprehensive Plan and that the project
provides good interconnectivitytyith both of the adjacent projects. Furthermore, it is found that
the addition of 4.57 acres of City Park land will create a more user-friendly community park
when combined with the pazk land being developed within the Lochsa Falls Subdivision. It is
also found that annexation of the subject property would be in the best interest of the City.
25. It is found that if the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 12 OF 24
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.
26. It is also found that the development considerations as referenced in Finding No.
11 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.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 13 OF 24
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.
5. 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 two-family dwellings in well-established
neighborhoods o f c omparable 1 and 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
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.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 14 OF 24
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 61.69 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 61.69 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 parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet 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 CONDTIONS OF APPROVAL
1. Remove any existing domestc wells and/or septic systems within this proj ect per City
Ordinance 9-1-4, when services are available from the City of Meridian. Wells maybe used
for non-domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can't be obtained, plans will
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 15 OF 24
be reviewed and approved by the Meridian City Engineer prior to final plat signature.
3. A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future office/church uses
obtain conditional use permit approval prior to development and *'~° '~-~~~° °'' ~°-'-
.:;irv.~...~.,... ,.w i°.,a.. ..,,,° ..,.v, ,°. ...., ,..:° ..a pathway
construction. (See letter D. hereinbelow pursuant to Council action taken at their May 13,
2003 meeting.)
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
Dedicate 38-feet ofright-of--way from the centerline of Ten Mile Road (an
additional 13-feet ofright-of--way) and place the sidewalk within an easement on
the proposed common lot (a minimum of 41-feet from centerline, as proposed. If
the applicant wishes to consider other options for the right-of--way and
construction of sidewalk on Ten Mile Road, the applicant may select one of the
options found in Finding for Consideration #2. (See letter D. hereinbelow
pursuant to Council action taken at their May 13, 2003 meeting.)
2. The applicant shall do one of the following:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as
West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of
Ten Mile Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 16 OF 24
4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road
approximately 850-feet north of McMillan Road, as proposed.
5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road
approximately 140-feet south of the north property line, as proposed.
6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot
concrete sidewallc on the south side of the roadway and a 10-foot detached asphalt
pathway on the north side of the roadway within 50-feet ofright-of--way with no front on
housing, as proposed. Provide the District with an easement for the sidewalk that will
extend outside of the right-of--way. Direct access and parking is prohibited on West
Bellagio Drive.
7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 54-feet ofright-of--way.
8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-
foot-attached sidewalks within 50-feet ofright-of--way, as proposed. Provide the District
with documentation showing that the appropriate fire department has reviewed and
approved this street section unless otherwise approved by the District.
9. Extend San Marino Street from the east property line approximately 1,260-feet
north of McMillan Road, as proposed.
10. Extend West Cosenza Street from the east property line approximately 710-feet
south of the north property line, as proposed
11. Extend West Malta Drive from the east property line approximately 125-feet
south of the north property line, as proposed.
12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide
a minimum turning radius of 45-feet.
13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed.
Provide a minimum 21-foot street section (measured back-of--curb to back-of-curb). Any
proposed landscape islands/medians within the public right-of--way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this shall be
required on the fmal plat.
14. Construct a driveway on the west side of East Carrara Drive approximately 230-
feet north of McMillan Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 17 OF 24
15. Construct a driveway on the east side of East Carrara Drive approximately 350-
feet north of McMillan Road, as proposed.
16. Construct a driveway on the east side of East Carrara Drive approximately 750-
feet north of McMillan Road, as proposed.
17. Construct a driveway on the north side of East Carrara Drive approximately 180-
feet east of Ten Mile Road, as proposed.
18. Construct a driveway on the north side of East Carrara Drive approximately 340-
feet east of Ten Mile Road, as proposed.
19. Construct a driveway on the north side of East Carrara Drive approximately 500-
feet east of Ten Mile Road, as proposed.
20. Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten
Mile Road. Coordinate the design of the turn lane with District staff.
22. Construct a southbound turn lane at the intersection of Canara Drive and Ten
Mile Road. Coordinate the design of the tum lane with District staff.
23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the turn lane with District staff.
24. Construct a westbound right-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the tum lane with District staff.
25. Enter into a development agreement with ACRD that outlines right-of--way
acquisition, costs, timing and payment; and shall also include an agreement that this
development shall be subject to any extraordinary impact fee, LID or other funding source
established by the District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements as established
by the applicant's traffic impact study.
26. The applicant is donating 13 additional feet ofright-of--way subject to receiving a
credit against extraordinary impact fees, if such extraordinary impact fees are imposed on
this development. (See letter D. hereinbelow pursuant to Council action taken at their
May 13, 2003 meeting.)
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 18 OF 24
27. Other than the access points specifically approved with this application, direct lot
access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited.
Notes of this shall be noted on the final plat.
28. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
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 VERONA SUBDIVISION (AZ-03-005)
PAGE 19 OF 24
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 DIGLIlVE
(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 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 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. Commercial and office occupancies will require afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
3. The fire department requests that any future signalization installed as the result of the
development of this proj ect be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergencymedicalsewice vehicles.
. (See letter D.2. hereinbelow pursuant to Council taken at their
May 13, 2003 meeting.)
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 20 OF 24
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
through the City Engineering Department.
6. All roads shall have a fuming radius of 28' inside and 48' outside.
7. All access roads within the project shall have a cleaz driving surface with a minimum
width of 20' available at all times. Typical street width of 34' will be allowed to have parking
on both sides. The typical collector street with a width of 29' will be required to have
restricted parking to only one side. UFC 902.2.2.1 (See letter D. hereinbelow pursuant to
Council action taken at their May 13, 2003 meeting.)
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
9. 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 tum around.
10. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. This may be a wncem during the phasing of the prof ect.
UFC 902.2.1
11. The proposed 174-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 504 residents at build out. The 6 office lots will have an
unknown transient population and will have an unknown impact on Meridian Fire
Department call volume.
D. Adopt the action of the Council taken at their May 13, 2003 meeting as follows:
Under the Annexation and Zoning Conditions of Approval item A-3, the applicant shall
construct the ten-foot-wide asphalt pathway, collector roadway, sewer and water service,
and 20-foot collector landscaping. No park improvements are proposed such as apazking
lot or additional landscaping. The applicant will donate the park area without requesting
pazk impact fee credits.
2. The applicant's project does not warrant a signal; however, future development of the
community park may require signalization. The funding of any Opticom improvements
should be borne by the heavy traffic generator.
3. The applicant shall be required to provide common driveway access for Lots 9, 10, 25
and 26 of Block 3, and for Lots 27 and 28 of Block 10.
4. Pertaining to the small waste ditch located on the northern edge of the property, the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 21 OF 24
applicant shall provide a bid from their contractor for the costs to pipe the ditch. The
applicant shall set up a trust fund with the Public Works Department to place money
aside for the future piping of the waste ditch. This trust fund would help eliminate having
to redo any improvements that might be destroyed when the park is designed and built in
the future.
5. hi the northwest corner of the property shall be located a storm drainage retention area.
The applicant shall landscape and buffer the area and the area shall either be given to the
Parks Department or shall be split off and be retained as a private ownership.
6. The applicant has donated right-of--way for the project on the arterial for Ten Mile, and
shall not request an impact fee c redit, a xcept i f e xtraordinary i mpact f ees are a ver
imposed on the project, then the applicant shall be allowed credit for the value of the
donation.
7. Since the applicant donated the easement azea for construction of the water main,
latecomer fees for water shall not be assessed, provided that applicant submits to the City
of Meridian a written release, or a copy of an agreement, in which Farwest Development
and Ed Bews agreed to release the applicant/developer from the latecomer fees.
8. The applicant shall not be required to fence the northerly boundary or fence adjacent to
the phase lines.
9. The applicant will donate 13 additional feet ofright-of--way on Ten Mile and McMillan
Roads.
10. All internal roads will be 36' back of curb to back of curb.
11. The preliminary plat dated 4/30/03 is approved.
12. No playground equipment is proposed with this 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 § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-0OS)
PAGE 22 OF 24
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521, an affected person is a person who has an interest in real property
which maybe adversely affected by the issuance or denial of the annexation and zoning and who
may, 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 regulaz meeting held on the
2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~ 2~ ~.J
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 23 OF 24
~_
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MOTION:
APPROVED: DISAPPROVED:
`~~19ununrrunf/q MayO7 Robert D. Corrie
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FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 24 OF 24