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HomeMy WebLinkAboutTrailway Park AZ 03-010BEFORE THE MERIDIAN CITY COUNCIL C/C 07-08-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 39.15 ACRES FOR PROPOSED TRAILWAY PARK SUBDIVISION, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO Case No. AZ-03-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HILLVIEW DEVELOPMENT CORPORATION, APPLICANT The above entitled annexation and zoning application having come on for public hearing on July 8, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT There has been compliance with al] notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 1 OF 19 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39.15 acres in size and is located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian 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 parcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Raleigh and Dieuw Hawe and Hillview Development Corporation. The applicant is Hillview Development Corporation. 6. The property is presently zoned RUT (Ada County). The Applicant requests the property be zoned as R-8 (Medium Density Residential). The subject property is bordered to the north by asingle-family residential subdivision - R-8, to the south by a Mobile Home Park - R-8, to the east by single-family residential subdivisions - R-4 and R-8, and to the west by a meat packing plant - Rl and a single-family residential subdivision - R-15. 9. The Applicant proposes to develop the subject property in the following manner: A Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 2 OF 19 10. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use -Neighborhood. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Wendel Bigharn, Supervisor of Facilities and Construction for joint School District No. 2, expressed in his letter dated Apri124, 2003. 13. 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 Planning and Zoning and Engineering Staff as follows: 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. A Development Agreement shall be required. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide apublicright's-of- wayroad trust deposit for one-halfofa 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 3 OF 19 2. Construct East James Court (from the W est property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet ofright-of--way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougaz Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. Extend Blue Heron Street from the east property line approximately 100-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west ofthe east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the nortkt end of Eureka Place, as proposed. Provide a minimum fuming radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 4 OF 19 shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe 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 the District's U61ity Coordinator at 387- 6258 (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, Construcfion Services procedures and all applicable ACRD Ordinances unless specificallywaived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 5 OF 19 the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of--way. The applicant shall contact ACRD 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 ofthe 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 iaw in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to serve 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 protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 6 OF 19 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Nampa & Meridian hrgation District requires aland-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E: Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian hrigafion District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4: Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING T RAII,WAY PARK SUBDNISION (AZ-03-010) PAGE 7 OF 19 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated Tune 27, 2003, and is hereby approved 14. It is found that the requested zoning designafion, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Neighborhood". The Comprehensive Plan also indicates that the subj ect property should have a "Multi Use" pathway running north-south through the subdivision along the Jackson Drain. 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". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Jackson Drain. The Parks Department has indicated that they will maintain the pathway if the applicant provides 5' of gravel on each side of the pathway. If the applicant does not provide this configuration for the pathway the Parks Department has recommended that the pathway be maintained by the Homeowner's Association until the pathways to the north and south of the subdivision are completed and can be connected. 15. It is not anticipated that the applicant intends to rezone the subject property in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 8 OF 19 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the north and east of the subject property has been developed as residential subdivisions similaz to the proposed subdivision. It is found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent developments and should be rezoned as requested. 18. It is found that the proposed use (single family residential) will not change the existing (single family) or intended character (single family and mixed use) of the area. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. 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 Fire Department has made the following recommendations: Prohibit parking in the turnaround on Block 8 or place building envelopes on the plat prohibiting the placement of structures in the rear of lots #23, 24, 25, 27, and 28. This is recommended due to the proposed configuration of the turnaround which would make it impossible for fire trucks to reach the homes on lots #23, 24, 25, and 27 if cazs were parked in the turnaround. By requiring building envelopes to restrict structures on the rear of lots #23, 24, 25, and 27 the fire department would be able to ensure that their firefighting equipment could reach the homes on these lots in the event of a fire. 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 TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 9 OF 19 21. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is felt that the amount generated will be detrimental to the public welfare of the city. 23. It is found that the subdivision's vehicular approaches offBlue Heron Lane, E. James Court, E. Willow Brook Drive, and E. Blue Heron Street will not cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 24. The applicant is proposing to pipe a portion of the Jackson Drain which runs through Trailway Park Subdivision's proposed park. Meridian's Comprehensive Plan designates the Jackson Drain as a creek that needs to be improved and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City. 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 10 OF 19 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 27. 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 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being configuous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 11 OF 19 Resolution No. 02-382. 4. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at § 11-7-2 D as follows: ~) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 12 OF 19 1. The applicant's request for annexation and zoning of approximately 39.15 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 39.15 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. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 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. A Development Agreement shall be required. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide apublicright's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet ofright-of--way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 13 OF 19 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougaz Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 100-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west ofthe east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Anyproposed 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. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-O10) PAGE 14 OF 19 15. Comply with all Standazd Conditions of Approval. Standard Conditions of Aonroval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb; gutter and sidewalk and any that may be 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 yeazs old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHDright-of--way. The applicant shall contact ACHD Traffic Operations 3 87-6190 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAII,WAY PARK SUBDIVISION (AZ-03-010) PAGE 15 OF 19 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 iriterest advises the Highway District of its intent to change the planned use of the subject propertyunless 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. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A. 2. Operafional fire hydrants and temporary or permanent street signs are required before combustible construction beings. UFC 901.4.2 & 901.3 3. The location of the fire hydrants shall be approved by the Meridian Fire Deparhnent and shall be submitted thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius. 5. Provide an approved turnaround for all streets greater than 150' in length that have no outlet. This may be an issue during the phasing of the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Nampa & Meridian Irrigation District requires aland-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement ofthe Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. D. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: The applicant shall not be required to provide the 35' landscape buffer on the west FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 16 OF 19 end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to detennine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 17 OF 19 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engineering staffofthe 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 AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in wrifing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 22nd da of y .~R,fA,I~ , 2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-O10) PAGE 18 OF 19 COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED I, QC~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED 2~A.. MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -' DATED: ~ -Z2 -03 MOTION: APPROVED: Attest: G. Berg, Jr., DISAPPROVED: `\`\ ~~xpn qp,~-t D. Come ~~~~TF 9'y ': $EAL 90'~~T 1St .,~~.ZQ `` ,, .y P ,,. ' ~O .~. ems, .. ,,. ._., Copy served upon Applicant, the Planning the City Attorney. By<~i~~~ ~ Dated: City Clerk Z:\Work~MMeridianVNeddian 15360Nf~Trailway Park Sub ,42-03-010 PP-03-01 l nt, Public Woks Deparhnent and \\\,~u,n uru~~q' \\G~~y~oµp ~'o~q4'%,~ ~ Fo , $EAL _= = 7~ ~~ ;gyp GsTiss. ~~: .,~ 9 P ~, O ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDIVISION (AZ-03-010) PAGE 19 OF 19