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HomeMy WebLinkAboutSundance Subdivision AZ-01-012BEFORE THE MERIDIAN CITY COUNCIL C/C 02-1%02 IN THE MATTER OF THE ) APPLICATION OF G.L. VOIGT ) DEVELOPMENT THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 70.72 ACRES FOR ) SUNDANCE SUBDIVISION, ) LOCATED AT THE ) NORTHEAST CORNER OF E. ) USTICK ROAD AND N. ) MERIDIAN ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-01-012 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 November 20, 2001, and continued until February. 19, 2002, at the hour of 6:30 p.m., and Shaft Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the follo~4ng 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) forth in Idaho Code §§ 67-6509 and 67-651 l, 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 70.72 acres in size, is located at the northeast corner of E. Ustick Road and N. Meridian Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Sev:ice Planning Area. 4. The owner of record of the subject property is the McBirney Property Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho Fails, Idaho. 5. The property is pre~sently zoned by Ada County as RT, and consists of agricultural ground. 6. The Applicant requests the property be zoned as R-8, wi*h the intent to develop 214 single family lots and 23 common lots, 4 office lots and a park, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, east and west by agricultural land and single family residences, by Eastbrook Village Subdivision to the South and city linaits of the City of Meridian are adjacent and abut to the west and south of the subject property. 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 development will 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: All irrigation ditches, laterals or canals, exclusive of natural watemrays, 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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 in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Ainericans with Disabilities Act. 10. Applicant shall be required to enter into a Deyelopment Agreement with the City as a condition of annexation. 11. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that an), proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 14. Dedicate 48-feet of right-of-way from the centerline of Ustick 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. 15. Dedicate 48-feet of right-of-way from the centefline of Meridian 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. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O 1-012) 17. 18. 19. 20. 21. Construct a center turn lane on Ustick Road for the main entrance/Ustick Road intersection. 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. Construct a 5-foot wide concrete sidewalk on Ustick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roa&vay edge. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) 22. Construct a 24 to BO-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least BO-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 23. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 24. 25. 26. 27. 28. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parldng shall be prohibited on these street segments. Coordinate the signage plan with District staff. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 4~5- feet. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WiLL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. 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. 31. 32. 33. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follo~vs: 34. All Uniform Fire Codes shall be met. 35. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agree~nents worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. 10. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-O12) 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 ~vill be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 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 ~vill 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. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) 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 property as Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) Plan of the City as follows: Land Use Chapter 1.4U Transportation Chapter 1.9U Parlcs Chapter 3.l.e. Community Design Chapter 4.4U 15. The property can be physically serviced with City water. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon ~vfitten request for annexation and the real property being contiguous or adiacent 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 iudicial 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City o£ Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning o£ Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as £ollows: (R-8) Medium Density Residential District: The purpose o£ the R-8 District is to permit the establishment of single- and two-family dwellings ar 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 o£ large homes into two-family dwellings in well-established neighborhoods o£ comparable land use. Connection to the Municipal water and sewer systems o£ the City is required. 7. Since the annexation and zoning o£ land is a legislative function, the City has authority to place conditions upon the annexation o£ land. See Butt vs. The CiW o£ Idaho Fails, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply ~vith 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 presstrrized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-O12) 9. Pursuant to Section 1 I- 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 70.72 acres in size and zoned Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 70.72 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) as follows: All irrigation ditches, laterals or canals, exclusive of natural water~vays, 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, ~vith written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall 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. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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-i-9 I) for all off-street parldng areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. Off-street parldng shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 1 1-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O1-012) All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 11. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance vdth City Ordinance 12-4-7.A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 14. Dedicate 48-feet of right-of-way from the centerline of Ustick 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. 15. Dedicate 48-feet of right-of-way from the centerline of Meridian 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), whid~ever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) 17. 18. 19. 20. 21. minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Ustick Road for the main entrance/Ustick Road intersection. 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. Construct a 5-foot wide concrete sidewalk on Ustick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-O12) 22. 23. 24. 25. 26. 27. 28. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk ~vith District staff. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segn~ents shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. 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. 31. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. 32. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 33. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. Ail radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (32-01-012) the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official botmdaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regnlar meeting held on the ~-~ day of //~ ~q/z_&,~ ,2002. ROLL CALL COUNCILMAN ICEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012) COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERiE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: S- ~--0 ~- VOTED -- MOTION: APPROVE~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Z:\Work\M~MeridiankMcridian 15360M\Sundance Sub AZ01-012 PP01-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (~Z-0i-0~2)