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HomeMy WebLinkAboutCedar Springs Subdivision AZ-00-019BEFORE THE MERIDIAN CITY COUNCIL C/C 02-19-02 IN THE MATTER OF THE ) APPLICATION OF KEVIN ) HOWELL DEVELOPMENT, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 100.71 ACRES FOR THE ) REVISED CEDAR SPRINGS ) SUBDIVISION, LOCATED ) NORTHWEST OF N. ) MERIDIAN ROAD AND WEST ) USTICK ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-00-019 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 December 4, 2001, and continued until February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, Tom Kuntz, Parks and Recreation Director, and Gary Lee with J-U-B Engineers, Inc., and Joe Siminich, 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 La, v, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) FINDINGS OF FACT 1. There has been compliance ~vith all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, 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 100.71 acres in size, is located northwest of N. Meridian Road and West Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the Leslie Family Trust and Moore Family Trust of Eagle, Idaho; and the applicant is Kevin Ho~vell Development of Boise, Idaho. 4. The property is presently zoned by Ada County as RUT. 5. The Applicant requests the property be zoned as R-4, ~vith the intent to develop 264 building lots and 31 other lots for a residential subdivision, 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/REVISED CEDAR SPRINGS (AZ-00-019) designates the snbject property as Single Family Residential. 7. The subject property is bordered to the north, east and west by Ada County RUT zoning, and to the south by agricultural land for the proposed City Park, zoned Limited Office. 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 sewices 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, originally provided in their Memorandum dated February. 15, 2001, as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. A condition of the Annexation/Development Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) The open space shall be exclusive of all street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stormwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count toward the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Ustidc Road, and the 25-foot Settlers Irrigation common lots along the north property line. Due to the single-family uses abutting the east boundary of Lot 34, Block 1 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property line of this lot and shall be a condition attached to this property in the Development Agreement. A detached sidewalk with a minimum 5-foot-wide planter strip between the curb and sidewalk shall be required along the Meridian Road frontage. A condition in the Development Agreement shall be that no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is a~varded the bid. All irrigation ditches, laterals or canals, exclusive of natural 5vatervvays, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-0 ! 9) 10. 11. 12. 13. 14. 15. 16. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section %1-4 and 9-4-8. Wells may be used for non-domestic pm-poses 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-~vatt, high-pressure sodium streetlights will 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 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 Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) Adopt the ACHD Recommendations as follows: 17. Dedicate 48-feet of fight-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), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance #193. 18. Dedicate 48-feet of fight-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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance #193. 19. Any existing or proposed irrigation facilities on Ustick Road and Meridian Road should be located outside of the new fight-of-way. 20. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with mininmm 21-foot street sections on either side of a center median. The median shall be constructed a mininrum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. 21. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadmv tapers for both the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 22. 23. 24. 25. 26. 27. approach and departure directions. Coordinate the design of the turn lanes with District staff. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct one main entrance on Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of additional pavement within 42-feet of right-of-way. The applicant is not proposing to construct a median at this entrance. Construct a center turn lane on Ustick Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. ParMng shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 28. 29. side~valks within 50-feet of right-of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parldng shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. The applicant should be required to install signs at the termini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. The proposed stub streets are located: · Between Lot 1, Block 15 and Lot 11, Block 18 · Between Lot 1 I, Block 15 and Lot 1, Block 13 · Between Lot 8, Block 13 and Lot 2, Block 10 Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 30. Construct Ashby Street from Meridian Road extending 1,400 feet ~vest to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section within 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street 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 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRiNGS (AZ-00-019) 31. Construct Venable Lane as a local/commercial street. The applicant shall construct Venable Lane from Ustick Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 32. 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 should be required on the final plat. 33. The applicant should be required to 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. 34. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy. 35. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 36. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 38. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 39. 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' part. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRiNGS (AZ-00-019) 40. 41. 42. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply with the action of the City Council tal<en at their February 19, 2002 meeting as follows: 45. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a 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. 46. That no building permits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. 47. The Parks Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 48. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 49. That the Developer shall extend Venable Lane north from Ustick Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Ustick to the north, and which will line up with the existing Venable Lane property. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 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 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. But, additional landscaping buffers and:design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) Ordinances. 12. It is found that the zoning of the subject real property as Low Density Residential District (R-4) 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 Plan of the City. ' 14. The property can be Physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. 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 dry impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-O19) policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629,: January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and :are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4} Low Density Residential District: Only single-family dwellings shalI be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of 10w density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) d~velling units per acre and requires connection to the Municipal water and sewer systems of the City. 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). 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 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. 9. Pursuant to Section I 1-16-4 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 approxi~nately 100.71 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 100.71 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 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 folloxving conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff, originally provided in their Memorandum dated February 15, 2001, as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. A condition of the Annexation/Development Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. The open space shall be exclusive of all street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stormwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count toward the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. There is 5.16% useable open space, and the stonnwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Ustick Road, and the 25-foot Settlers Irrigation common lots along the north property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-O 19) 10. 11. 12. Due to the single-family uses abutting the east boundary of Lot 34, Block I (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property line of this lot and shall be a condition attached to this property in the Development Agreement. A detached sidewalk with a minimum 5-foot-wide planter strip bet~veen the curb and sidewalk shall be required along the Meridian Road frontage. A condition in the Development Agreement shall be that no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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 lO0-watt, high-pressure sodium streetlights will 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) (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. 13. 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. 14. All signage 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. 15. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the ACHD Recommendations as follows: 17. 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), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (az-0o-o19) 18. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 19. 20. 21. Any existing or proposed irrigation facilities on Ustick Road and Meridian Road should be located outside of the new right-of-way. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with minimum 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 22. 23. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct one main entrance on Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-0 ! 9) 24. additional pavement within 42-feet of right-of-way. The applicant is not proposing to construct a median at this entrance. Construct a center turn lane on Ustick Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 25. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 26. 27. 28. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Due to the fact that Ashby Street abuts the south property line, the applicant shonld only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 29. 30. The applicant should be required to install signs at the termini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets ~vith District staff. The proposed stub streets are located: · Between Lot 1, Block 15 and Lot 11, Block 18 · Between Lot 11, Block 15 and Lot 1, Block 13 · Between Lot 8, Block 13 and Lot 2, Block 10 Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct Ashby Street from Meridian Road extending 1,400 feet west to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section within 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 31. 32. Construct Venable Lane as a local/commercial street. The applicant shall construct Venable Lane from Ustid< Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk w/thin 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 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 should be required on the final plat. 33. The applicant should be required to construct all public roads within FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 34. 35. 36. the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy.. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 38. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 39. 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' part. 40. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 41. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 42. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-O 19) 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 45. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a 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. 46. That no building permits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. 47. 48. 49. The Parks Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACHD. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. That the Developer shall extend Venable Lane north from Ustick Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Ustick to the north, and which will line up with the existing Venable Lane property. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/REVISED CEDAR SPRiNGS (AZ-00-019) the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low 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 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 may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ,2002. of ROLL CALL COUNCILMAN KEITH BIRD day VOTED__~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~_~ VOTED~-&~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAIGER) DATED: ,ff ~,~--t~- VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\WorkklVIkMeridiankMeridian 15360M\Cedor Spgs (2002) AZ00-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019)