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HomeMy WebLinkAboutParamount Sub AZ 03-006BEFORE THE MERIDIAN CITY COUNCIL C/C 05/20/03 C/C 06-03-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 397.11 ACRES FOR PROPOSED PARAMOUNT SUBDIVISION, LOCATED WITHIN THE SQUARE MILE OF CHINDEN ROAD, MERIDIAN ROAD, McMILLAN ROAD, AND CINDER ROAD, MERIDLAN, IDAHO Case No. AZ-03-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on May 20, 2003, and continued until June 3, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay, Greg Johnson, David Turnbull, and Bruce Mills, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 1 OF 37 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 Amerided Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Irnpact Area Boundary. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 397.11 acres in size and is located within the square mile of Chinden Road, Meridian Road, McMillan Road and Linder Road, Meridian, Idaho, 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 owners of record of the subject property are: Ron and Becky Hanks, 5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. x0425336040), Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Parcel No. x0425233800 and Parcel No. x0425233875), Meridian Joint School District No. 2, 911 N. Meridian Road, Meridian, Idaho (Parcel No. x0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713 (Parcel No. x0425 1 1 0 1 00, Parcel No. x0425120605, Parcel No. x0425141825, Parcel No. x0425141900, Pazcel No. x0425233605, Parcel No. x0425233690, Parcel No. x0425233910, Pazcel No. x0425325470, and Parcel No. x0425336080), and Dwaine and Sharon Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No. x0425131750, Parcel No. x0425417200, and Parcel No. x0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83704. The properly is presently zoned RUT and Rl (Ada County), and consists of vacant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 2 OF 37 land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential), R-40 (High Density Residential), L-O (Limited Office), and C-G (General Retail and Service Commercial). The subject property is bordered to the north by rural residential (zoned RUT and Rl, Ada County), to the south by rural residential (zoned RUT, Ada County) and the proposed Cedar Springs North Subdivision (zoned R-8), to the east by rural residential (zoned RUT, Ada County), and to the west by the Lochsa Falls Subdivision (zoned R-4) and several rural residential properties (zoned RUT, Ada County). 8. The Applicant proposes to develop the subject property in the following manner: Planned Development consisting of 764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones. 9. The Applicant requests zoning of the subject real property as R-8, R-40, L-O and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential, Medium Density Residential, and Mixed Use -Neighborhood. 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 Capt. Bill Musser, Meridian Police Department in a memo dated March 19, 2003, and Wendel Bigham, Joint School District No. 2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 3 OF 37 expressed in his letter dated February 12, 2003, and the concerns of Robert C. Rhead expressed in his letter dated May 19, 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: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. 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 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 ofMeridian that will require, among other conditions, that all future commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIIVG APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 4 OF 37 Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) C TL... n««l:,.n«4 nl.nll :,_..«...... T ..4 G7 t]1,.,.L Z G...... 17... 1......1 A,.....-:«4:..« /41.,. n~...4T........4 , ..F 4T.._. n.,1.A:..: n: ~.«l L.enn..ne :4 A..c.n «..4 av. c.~4 4T.... «,:«:,,.....« F.«A:«.-.. C «.. ff ff . (Deleted per action of the City Council taken at their June 3, 2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian 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 Meridian 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 Meridian Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate by donation an additiona123-feet ofright-of--way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-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 Linder Road, located a minimum of 41-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 Linder Road, located at the back edge of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 5 OF 37 existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: 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. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chinden Boulevard to align with West Cayuse Avenue (amain entrance that was approved on May 22, 2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: • North Cinema Way (from Chinden Boulevard to West Director Street), • West Director Street (from Meridian Road to North Cinema Way), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 6 OF 37 • West Producer Street (from Meridian Road to North Mitchum Avenue), • West Studio Drive (from Meridian Road to McMillan Road) and • West Paramount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet ofright-of--way. 11. Construct: • West Pazamount Drive (from North Arliss Avenue to North Cinema Way), • North Bergman Avenue (from West Paramount Drive to the north property line), • North Cinema Way (from West Director Street to West Colbert Street), • North Chaplin Drive (from North Cinema Way to North Cinema Way), • West Gable Street (from North Cinema Way to West Producer Street) and • West Producer Street (from North Mitchum Avenue to North Hopkins Avenue) as 36-foot street secfions with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway within 50-feet ofright-of--way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 7 OF 37 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendiculaz parking. Any access to an alley shall be located a minimum of 25-feet from the neazest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Pazking in the alley is prohibited. 20. Construct three roundabouts within the public right-of--way, as proposed. • On West Director Street (mid way between Meridian Road and North Cinema Way) • At the intersection of Chaplin Street and North Dietrich Avenue • At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Traffic Services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 8 OF 37 23. When the District receives a formal application for the multi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies aze provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of--way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. 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 25. Construct a southbound left turn lane on Linder Road at the West Pazamount Drive/Cinder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201St residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACRD staff, to make certain the turn lanes are constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Cinder Road intersecfion, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 9 OF 37 study. Prior to submittal of the final plat for the 201 sc residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the tam lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the fain lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 s` residential lot; or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 10 OF 37 Prior to submittal of the final plat for the 201 a` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 31. Construct a northbound left turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 32. Construct a southbound right turn lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201x` residential lot, or the platting of the first non-residential lot, whichever comes first, ACRD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACRD staff, to make certain the turn lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director StreetlMeridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 11 OF 37 Prior to submittal of the final plat for the 2015 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACRD staff, to make certain the turn lanes are constructed as needed. 34. Constmct a southbound right turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes aze constructed as needed. 35. Construct a westbound right turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Constmct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 12 OF 37 39. Construct an exclusive northbound left turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right turn lane on West Pazamount Drive at the West Pazamount Drive/Cinder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left tum lane on West Paramount Drive at the West Paramount Drive/Cinder Road intersecfion, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. Standazd 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIIVG PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 13 OF 37 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. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 14 OF 37 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. The project which comprised of single family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the enfire 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 proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. 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 8. Multi-family residential on the site will require afire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. 9. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. Restricted parking on some streets and access points to fire lanes maybe required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved turn azound. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 15 OF 37 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to constmction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre-construction meeting. 13. It is found that the requested zoning designations, R-8, R-4Q, L-O and C-G are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 16 OF 37 general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential" and "Mixed Use Neighborhood". The proposed multi-family and commercial zoning within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3). The adopted Comprehensive Plan does not address the issue of "excepted" land uses. The City adopted the Planned Development Ordinance providing for "excepted" uses approximately 2 years prior to the adoption of the current Comprehensive Plan. The Comprehensive Plan also designates a communitypark and a school site within the proposed subdivision boundaries. A park has not been provided by the applicant within the project; however, the applicant has provided a 55-acre high school site and a 10-acre elementary school site within the subdivision. The Comprehensive Plan also indicates that the subject property should have a "Multi-Use" pathway running east-west through the middle of the proposed subdivision and the applicant has provided a pathway in compliance with the Comprehensive Plan. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". Review of the Parks Department comments shows the Departments concerns for the subdivision. 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 commercial and multi-family uses would be allowed within the requested zoning designations, if accompanied with a Conditional Use Permit for a Planned Development to allow the excepted land uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 17 OF 37 16. It is found that the land to the east (Lochsa Falls) and south (Cedar Springs North) 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 several recently approved developments in the North Meridian Area and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residential, commercial office, and public schools) will inevitably change the existing rural character of the subject property. The proposed uses are compatible with the Comprehensive Plan and the Future Land Use Map in accordance with MCC 12-6-3 (Excepted Uses). It is also found that the southwest corner of the development, Lot 57, Block 3 is not well integrated to the remainder of the development and does not comply with the required fmdings for "excepted" uses. 18. It is not anticipated that the proposed residential uses will be hazardous, however, it is found that the excepted uses maybe disruptive to future or existing neighbors. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services if all conditions of approval are met by the applicant. 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. Approval for the proposed subdivision cannot be recommended if the applicant does not meet ACHD requirements. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 18 OF 37 20. It is found that there will not be excessive additional requirements at public cost and for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. 21. The fact is noted that traffic and noise will increase significantly upon build-out ofthe 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 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 area. 22. It is found that the subdivision's vehicular approach off of Chinden Boulevard will need to be aligned with the existing public street (N. Fox Run Ave.) on the north side of Chinden Boulevard, or that it will need to be relocated elsewhere, in accordance with ACHD and ITD comments. If the roadway cannot be re-aligned with the existing public road, the intersection will not meet off-set requirements and will never be considered for a traffic light. The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review ACRD 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 existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 19 OF 37 24. It is found that services are available to the site and that the inclusion of a new elementary school and high school within the subdivision makes the annexation of this property in'the best interest of the City. 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 PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 20 OF 37 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. 5. The zoning of (R-8) Medium Density Residential, (R-40) High Density Residential, (L-O) Limited Office, and (C-G) General Retail and Service Commercial are defined in the Zoning Ordinance at § 11-7-2 D, F, G and K as follows: (R-81 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. (R-40113ieh Density Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal water and sewer systems ofthe City is required. (L-Ol Limited Office District: The purpose of the L-O District is to permit the establishment of groupings ofprofessional, research, executive, administrative, accounfing, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibrafion or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 21 OF 37 high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. (C-Gl General Retail and Service Commercial District: The purpose ofthe 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 ofproposed commercial uses which are auto and service oriented and are located inclose proximity to major highway or arterial streets; to fulfill the need oftravel-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 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 City of Idaho Falls, 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 owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 397.11 acres to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 22 OF 37 Medium Density Residential (R-8), High Density Residential (R-40), Limited Office (L-O), and General Retail and Service Commercial (C-G) are granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 397.11 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. 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 condifions of development, to-wit: A: Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. 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 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 commercial, townhouse, and multi-family uses obtain conditional use permit approval prior to development, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 23 OF 37 construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only and limifing Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling per lot. 4. The applicant shall negotiate with the City of Meridian as to the location of a permanent easement and temporary construction easement through the project to Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval. (Per the action of the City Council taken at their June 3, 2003 meeting.) C 'Tl... n««~:....«4 ..T..,11 ....«......a T ..4 G^/ T]1,.,.L 'T {w..«n 4ti... ~...ln~ .dun..... «4:..« /4T.........11........4 , cc,,,~„e«teAve .....~ /A iT!'Y` 11 6 Z\- A ..vA le....l A,_.......;«ti ..« F r tl.e A.w..l..«.....«t ..l...ll T... . (Deleted per action of the City Council taken at their June 3, 2003 meeting.) B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval The applicant shall do one of the following requirements for Meridian Road: a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian 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 Meridian 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 Meridian Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following requirements for Linder Road: a. Dedicate bydonation an additiona123-feet ofright-of--way along Linder Road, and construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-feet from the centerline of the right-of--way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 24 OF 37 b. Do not dedicate addifional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Linder Road, located a minimum of 41-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 Linder Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. The applicant shall do one of the following requirements for McMillan Road: 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. 4. Construct West Studio Drive to intersect North Meridian Road approximately 1,300-feet north of McMillan Road, as proposed. 5. Construct West Producer Street to intersect Meridian Road approximately 2,470- feet north of McMillan Road, as proposed. 6. Construct West Director Street to intersect Meridian Road approximately 960-feet south of Chinden Boulevard, as proposed. 7. Construct West Paramount Drive approximately 2,420-feet south of Chinden Boulevard to align with West Cayuse Avenue (amain entrance that was approved on May 22, 2002 as a part of Lochsa Falls Subdivision), as proposed. 8. Construct West Studio Drive to intersect McMillan Road approximately 1,260- feet west of Meridian Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 25 OF 37 9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from centerline to centerline). 10. Construct: • North Cinema Way (from Chinden Boulevard to West Director Street), • West Director Street (from Meridian Road to North Cinema Way), • West Producer Street (from Meridian Road to North Mitcham Avenue), • West Studio Drive (from Meridian Road to McMillan Road) and • West Pazamount Drive (from Linder Road to North Arliss Avenue) as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet ofright-of--way. 11. Construct: • West Pazamount Drive (from North Arliss Avenue to North Cinema Way), • North Bergman Avenue (from West Paramount Drive to the north property line), • North Cinema Way (from West Director Street to West Colbert Street), • North Chaplin Drive (from North Cinema Way to North Cinema Way), • West Gable Street (from North Cinema Way to West Producer Street) and • West Producer Street (from North Mitcham Avenue to North Hopkins Avenue) as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, as proposed. 12. Construct the remainder of the internal roadways as 33-foot street sections with curb, gutter, 5-foot attached concrete sidewalk and pazking on both sides of the roadway within 50-feet ofright-of--way, as proposed. Submit documentation showing the review and approval from the Meridian Fire Department. 13. Extend North Wayman Avenue as a stub street to the south property line approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Extend North Cinema Way as a stub street to the south property line approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Extend North Bergman Avenue as a stub street to the north property line approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 26 OF 37 of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ***See Finding for Consideration B item #7. 16. Extend North Arliss Avenue as a stub street to the north property line approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Provide access to West Producer Street (by a stub street or by shifting the roadway to the north) for the undeveloped parcels located directly to the north (the Packard and Mastropaolo properties). 18. Construct a 16-foot wide residential alley between West Oliver Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any access to an alley shall be located a minimum of 25-feet from the neazest public street. Parking in the alley is prohibited. 19. Construct a 16-foot wide residential alley between West Poitier Street and West Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley intersections. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is prohibited. 20. Construct three roundabouts within the public right-of--way, as proposed. • On West Director Street (mid way between Meridian Road and North Cinema Way) • At the intersection of Chaplin Street and North Dietrich Avenue • At the intersection of Cagney Street and North Dietrich Avenue The roundabouts shall be designed with a minimum of a 21-foot street section on either side of the center islands. The applicant will be required to dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the roundabouts with traffic services staff. 21. Do not construct a roundabout at the intersection of North Bergman Avenue and Bacall Street unless a temporary turnaround is constructed at the terminus of North Bergman Avenue or North Bergman Avenue will be extended at the time that this portion of the preliminary plat is final platted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 27 OF 37 22. Construct one knuckle with an island in the center, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street sec5on. The design shall be reviewed and approved by ACHD's Traffic Services staff. 23. When the District receives a forma] application for the mulfi-family use and/or the commercial use, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. The District's current policies are provided for informational purposes only and can be found in Findings for Consideration #9 on pages 13 and 14 of this report. 24. Construct a number of islands within the public right-of--way, as proposed. Maintain minimum of a 21-foot street section on either side of the center islands. Any proposed landscape islands/medians within the publicright-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 25. Construct a southbound left turn lane on Linder Road at the West Paramount Drive/Cinder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for addifional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that fime of submittal of the tum lane analysis. Staff enwurages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes aze constructed as needed. 26. Construct a northbound right turn lane on Linder Road at the West Paramount Drive/Cinder Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 28 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 27. Construct an eastbound left turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2013` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for addifional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis maybe required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 28. Construct a westbound right turn lane on McMillan Road at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2013` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 29. Construct a northbound left turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2013` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 29 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 30. Construct a southbound right turn lane on Meridian Road at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACRD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each addifional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 31. Construct a northbound left tum lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that fime of submittal of the tum lane analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 32. Construct a southbound right fain lane on Meridian Road at the West Producer Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 201 S` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tam lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the turn lane analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 30 OF 37 submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 33. Construct a northbound left turn lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional turn lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate wanants based on District policy in effect at that fime of submittal of the turn lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed; or major revisions required. Further analysis maybe required with each additional fmal plat, as determined by ACHD staff, to make certain the tum lanes are constructed as needed. 34. Construct a southbound right tum lane on Meridian Road at the West Director Street/Meridian Road intersection, as recommended by the submitted traffic impact study. Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first non-residential lot, whichever comes first, ACHD staff shall determine the need for additional tum lane analysis to be provided by the applicant. As requested by ACHD, the applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, and those included to be platted with that phase. The traffic engineer shall evaluate warrants based on District policy in effect at that time of submittal of the tum lane analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to submittal of the final plat, so that the platting process is not delayed, or major revisions required. Further analysis may be required with each additional final plat, as determined by ACHD staff, to make certain the turn lanes are constructed as needed. 35. Construct a westbound right turn lane on West Studio. Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. 36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West Studio Drive/McMillan Road intersection, as recommended by the submitted traffic impact study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUN'T' SUBDNISION (AZ-03-006) PAGE 31 OF 37 37. Construct an exclusive northbound left turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 38. Construct an exclusive southbound right turn lane on West Studio Drive at the West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 39. Construct an exclusive northbound left tum lane on West Producer Street at the West Producer 5treeUMeridian Road intersection, as recommended by the submitted traffic impact study. 40. Construct an exclusive southbound right turn lane on West Producer Street at the West Producer StreeUMeridian Road intersection, as recommended by the submitted traffic impact study. 41. Construct an exclusive northbound left turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 42. Construct an exclusive southbound right turn lane on West Director Drive at the West Director Drive/Meridian Road intersection, as recommended by the submitted traffic impact study. 43. Construct an exclusive northbound right tum lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 44. Construct a combined through/southbound left tum lane on West Paramount Drive at the West Paramount Drive/Linder Road intersection, as recommended by the submitted traffic impact study. 45. Submit District a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 46. Other than the access points specifically approved with this application, direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise approved by the Ada County Highway District. These restrictions shall be noted on the final plat. 47. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 32 OF 37 Standard Conditions of Aonroval 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 sidewallc 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 acwrdance 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 ACRD 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 PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 33 OF 37 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. The project which comprised of single family dwellings will require afire-flow of 1,000 gallons perminute 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 protecfion will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Two points of access will be required for the project or portions of the project that serve over 50 homes. This will be a concern the way the project is phased in the early stages of development. 7. Commercial and office occupancies willrequire 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 8. Multi-family residenfial on the site will require afire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION (AZ-03-006) PAGE 34 OF 37 9. All access roads within the project shall have a cleaz driving surface with a minimum width of 20' available at all times. Restricted parking on some streets and access points to fire lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1 10. 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 approved tum around. 11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 3,210 residents at build out. This will generate an estimated 133 calls for service based on historical trends. The commercial, schools and churches will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the yeaz 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the yeaz 2010. 12. The proposed project lies on the edge of the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 13. It is requested that building separations be maintained per the Building Code in Blocks 32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to house. D. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the North Slough #2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby. 2. A license agreements will need to be signed and recorded prior to construction of any irrigation facilities. 3. All Storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 35 OF 37 5. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system and agreements needs to be in place prior to the pre- construcfionmeeting. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to (R-8) Medium Density Residential District, (R-40) High Density Residential District, (L-O) Limited Office District, and (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 ofthis Order the engineering staffof the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which maybe 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 2-~'~"` day of -IAi~l,2~ , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 36 OF 37 ROLL CALL COUNCILMAN KEITH BIRD VOTED_~ COUNCILWOMAN TAMMY deWEERD VOTED ~i COUNCILWOMAN CHERIE Mc LANDLESS /~ VOTED ~6~~ COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED '- DATED: 6-Z~f 'O3 MOTION: APPROVED: DISAPPROVED: ~~ Attest: William G. Berg, Jr., Ci Clerk Copy served upon Applicant, the the City Attorney. Mayor Robert D. Corrie `11111uu1 lu4// C)' '9 '~ _r~S,~pCN~T<c ,d, ~ ` ` O !~&!®T. BY' ~--' /~ City Clerk ~otrnlrY .. 'R///+u n mIN~ 6 -2.6 -03 Z:\WorkVvl\MeridianVNeridian 15360M1Paramount Sub AZ 03 D06 PP 03 004 COP 03 Public Works Department and `\1111111111111// / ~,.~~;1 pF MEg~O~%, . G~\~~oRPO~A~'9.y''. SEElI, '~y. T 1BS • ~O ^. ,,, ,CO~NN `02\ ,. '////„III 1111111\\P FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION (AZ-03-006) PAGE 37 OF 37