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HomeMy WebLinkAboutQueenland Acres Sub AZ-01-022BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF WHITE- ) LEASURE DEVELOPMENT CO., ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 22.66 ACRES FOR ) QUEENLAND ACRES ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) W. OVERLAND ROAD AND S. ) STODDARD ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-O1-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Jeff Huber, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) 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, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 22.66 acres in size, is located at the southeast corner of W. Overland Road and S. Stoddard Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Theron G. Scott et al of Boise, Idaho; and the applicant is White-Leasure Development Company of Boise, Idaho. 5. The property is presently zoned by Ada County as R-1, and consists of a residential development. 6. The Applicant requests the property be zoned as C-G, but with no specific proposal on how the property will be developed at the present time, and which is consistent with the Meridian Comprehensive Plan Generalized Land Use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) Map which designates the subject property as Mixed Planned Use. 7. The subject property is bordered to the north, south and east by the city limits and to the west by undeveloped land in Ada County. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed develop~nent ~vill not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The Applicant shall provide a new legal description to the City of Meridian if the submitted legal description does not meet City and State requirements. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area require~nents, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. The applicant agrees to sign a hold harmless agreement acknowledging the non-serviceability of the two lots, and add language to the development agreement limiting the uses on the two lots (#11 and #12) to non- sewer producing uses until such time as the applicant can provide sewer service (per MCC 11-15-11.E.) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) Upon development, 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-~, and 9-~,-8. Wells may be used for non-domestic purposes such as landscape irrigation. Upon development, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm ~vater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The issue of eliminating the stub street, S. Alaska Ave., shah be addressed at the time of development. The elimination of the stub street would increase the block length within Bear Creek Subdivision beyond the maximum allowable block length, and would eliminate a future residential access into Bear Creek Subdivision and access to the commercial development from Bear Creek Subdivision. Adopt the Recommendations of ACHD as follows: The City shall consider the total volume of trip generation that will be generated/attracted by the future development in this area. Substantial reconstruction of the Overland Road/Meridian Road intersection shall be required to accommodate the traffic generated from this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. If the comprehensive plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48-feet of fight-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 10. Dedicate 35-feet of right-of-way from the centefline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 11. Extend Malayan Street into the site from the Bear Creek Subdivision, located approximately 1,200-feet east of Stoddard, out to Overland Road. Malayan Street shall be constructed as a 41-foot street section, with curb, gutter and 5-foot wide concrete sidewalk. 12. Provide a deposit to the Public Rights-of-Way Trust Fund for the site's proportionate share of the cost of constructing the signal at the Overland Road/Stoddard Road intersection. 13. Construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the tutu-lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) 14. 15. 16. 17. 18. 19. 20. 21. Construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. Locate driveways or public street intersections on Stoddard Road a minimum of 175-feet from the Overland Road/Stoddard Road intersection for full access, 85-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Stoddard Road with District staff. Locate driveways or public street intersections on Overland Road a minimum of 440-feet from the Overland Road/Stoddard Road intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Overland Road with District staff. A maxinmm of three public or private street intersections shall be allowed on both Overland Road and Stoddard Road. Pave any proposed driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and Stoddard Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. Provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). Construct a center turn lane on Overland Road for any proposed Overland Road/site access intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. The applicant shall be required to construct a center turn lane on Stoddard Road for the Stoddard Road/site access intersection. The turn lane shall be constructed to provide a minimum of lO0-feet of storage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 22. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 23. Construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 24. As required by current District policy, additional restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 25. Other than the access point specifically described with this application, direct lot or parcel access to Overland Road and Stoddard Road is prohibited. Adopt the Meridian Fire Department Recommendations as follows: 26. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 27. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 28. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. Final approval for fire hydrant location shall be by the Meridian Fire Department. 30. All turning radii shall be a minimum of 28' inside and 48' outside. 31. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 29. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) 32. The roadways shall be built to Ada County Highway standards. 33. All access roads within the project shall have a clear driving surface with a minimum width of 20'. 10. 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. 9, 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. 1 I. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be talcen 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 ~vill insure that the proposed uses will not be hazardous or distnrbing 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. 12. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Economic Development Chapter: 1.2 Land Use Chapter: 4.3U, 4.8U Commercial Policies: 5.9 Land Use Goal Statement: 1.10U 14. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; it is found that the requested zoning "C-G" is in compliance with the adopted Generalized Land Use Map, which designates the land to be "Mixed Planned Use Development." 15. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; there have been no major changes in the area that would dictate how the area shall be zoned. There have been a number of uses approved for this area, such as Bear Creek Subdivision to the south and Meridian Storage to the east. However, it is found that thele projects represent a change in the area that shall be significant enough to dictate the zoning of this project. 16. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) ! intended character of the general vidnity and that tuch use will not change the essential character of the same area; the applicant has not proposed uses at this time. Due to the unknown use of this land, and the fact that the property is adjacent to a residential con~munity, and a major arterial, a Development Agreement shall be required. 17. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; the applicant has not proposed any uses at this time. The Development Agreement shall be used to limit the hours of operation, prohibit specific land uses and place other conditions on the land to limit the future land uses(s)'s impact on the existing and future neighboring uses. 18. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; it is found that the subject property can be adequately served by most public facilities and services. Lots 11 and 12 of the Queenland Areas Subdivision, those facing Stoddard Road, are not serviceable by gravity sew non-sewer producing uses until such time as the a' 19. Will not create excessive additional r at this time, and shall limited to plicant can provide sewer service. equirements at public cost for public fadlides and services and will not be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) the community; it is found that there will be no ac~ditional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that a Development Agreement can address these issues. 21. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the property can be designed to not create interference with traffic on the surrounding public streets. 22. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; it is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. Is the proposed zoning amendment in the best interest of the City of Meridian; it is found that the annexation of this property would be in the best interest of the City. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in dose proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-Ol-022) systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 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 Ciw of Idaho Fall~, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the o~vner 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 22.66 acres to General Retail and Service Commercial District (C-G) is granted subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 22.66 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 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The Applicant shall provide a new legal description to the City of Meridian if the submitted legal description does not meet City and State requirements. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. The applicant agrees to sign a hold harmless agreement aclmowledging the non-serviceability of the two lots, and add language to the development agreement limiting the uses on the two lots (#11 and #12) to non- sewer producing uses until such time as the applicant can provide sewer service (per MCC 11-15-11.E.) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) Upon development, 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Upon development, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parMng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The issue of eliminating the stub street, S. Alaska Ave., shall be addressed at the time of development. The elimination of the stub street would increase the block length within Bear Creek Subdivision beyond the maximum allowable block length, and would eliminate a future residential access into Bear Creek Subdivision and access to the commercial development from Bear Creek Subdivision. Adopt the Recommendations of ACHD as follows: The City shall consider the total volume of trip generation that will be generated/attracted by the future development in this area. Substantial reconstruction of the Overland Road/Meridian Road intersection shall be required to accommodate the traffic generated from this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant. If the comprehensive plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 10. Dedicate 35-feet of right-of-way from the centefline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 11. Extend Malayan Street into the site from the Bear Creek Subdivision, located approximately 1,200-feet east of Stoddard, out to Overland Road. Malayan Street shall be constructed as a 41-foot street section, with curb, gutter and 5-foot wide concrete sidewalk. 12. Provide a deposit to the Public Rights-of-Way Trust Fund for the site's proportionate share of the cost of constructing the signal at the Overland Road/Stoddard Road intersection. 13. Construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) 14. 15. 16. 17. 18. 19. 20. 21. Construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. Locate driveways or public street intersections on Stoddard Road a minimum of 175-feet from the Overland Road/Stoddard Road intersection for full access, 85-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Stoddard Road with District staff. Locate driveways or public street intersections on Overland Road a minimum of 440-feet from the Overland Road/Stoddard Road intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Overland Road with District staff. A maximum of three public or private street intersections shall be allowed on both Overland Road and Stoddard Road. Pave any proposed driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and Stoddard Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. Provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). Construct a center turn lane on Overland Road for any proposed Overland Road/site access intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. The applicant shall be required to construct a center turn lane on Stoddard Road for the Stoddard Road/site access intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 22. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 23. Construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 24. As required by current District policy, additional restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 25. Other than the access point specifically described with this application, direct lot or parcel access to Overland Road and Stoddard Road is prohibited. Adopt the Meridian Fire Department Recommendations as follows: 26. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 27. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 28. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 29. Final approval for fire hydrant location shall be by the Meridian Fire Department. 30. All turning radii shall be a minimum of 28' inside and 48' outside. 31. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022) 32. The roadways shall be built to Ada County Highway standards. 33. All access roads within the project shall have a clear driving surface with a mininmm width of 20'. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinm~ce for the mmexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public WorLs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 1 I-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 Idal~o Code § 67-652I 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-O 1-022) ROLL CALL ,2002. COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHEKIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED VOTED__~ VOTED MAYOR ROBERT D. CORKIE (TIE BREAKER) DATED: ~ --tr~--~9 ~- VOTED MOTION: APPROVE DISAPPROVED: __ Copy served upon Applicant, the Planning and Zoning Department, Department and the City Attorney. dit~r Clerk Z:\WorkkM~vleridian~vleridian l$360IV~Queenland Acres AZ01-022kAZFfrgl&Order,do¢ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/QUEENLAND ACRES SUB (AZ-01-022)