HomeMy WebLinkAboutCourtyards at Tenmile AZ-03-009BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 11 ACRES FOR
PROPOSED THE COURTYARDS
AT TEN MILE SUBDIVISION,
LOCATED AT THE SOUTHEAST
CORNER OF W. PINE AVENUE
AND N. TEN MILE ROAD,
MERIDIAN, IDAHO
DOUG CAMPBELL/TOM BEVAN/
DTE DEVELOPERS,
APPLICANT
C/C 08/12/03
C/C 09/02/03
Case No. AZ -03-009
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 August 12, 2003 and continued until September 2, 2003, at the hour of 7:00 p.m., and Anna
Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Bruce Mills,
Clayton Lyle, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura
Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, appeared and testified,
and the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 1 OF 21
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the 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 11 acres in size and is located at the
southeast corner of W. Pine Avenue and N. Ten Mile 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 Anthony and Tracey Garner, 680 N.
Ten Mile Road, Meridian, Idaho. The applicant is Doug Campbell/Tom Bevan/DTE Developers,
1661 Shoreline, Boise, Idaho.
6. The property is presently zoned RUT (Ada County) and consists of rural
residential/agricultural land.
The Applicant requests the property be zoned as R-15 (Medium High Density
Residential) and C -N (Neighborhood Commercial).
8. The subject property is bordered to the north by residential and offices uses
(zoned R-15 and L -O), to the south by the proposed Central Valley Baptist Church, to the east
and west by agricultural land (zoned RUT).
9. The Applicant proposes to develop the subject property in the following manner:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 2 OF 21
31 building lots and 5 other lots on 11 acres.
10. The Applicant requests zoning of the subject real property as R-15 and C -N,
which are consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Mixed Use — Community.
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 Irma Atkinson in her email dated
September 1, 2003, and Julie Schulz in her email dated September 2, 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 Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B. Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 3 OF 21
right-of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way
from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from
the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot
wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, if funds cannot be secured for the purchase of the above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48 -feet of right-of-way along Ten
Mile Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue,
and construct a minimum 5 -foot wide concrete sidewalk along the roads.
Coordinate the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location
with an easement provided to the District. Coordinate the location and design
of the sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet
south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out
restricted driveway on Ten Mile Road to its full width (maximum 36 -feet) and at least 30 -
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
Construct a driveway on Pine Avenue located approximately 220 -feet east of Ten Mile
Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full
width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with 15 -foot radii abutting the existing
roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the
design of the driveway with District Traffic staff.
4. Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and
5 -foot sidewalk within 54 -feet of right-of-way as proposed.
5. Construct Marbeth Court as a 36 -foot street section with curb, gutter and 5 -foot wide
concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 4 OF 21
approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on
either side of any proposed center island within the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with
a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the
size and design of any roundabouts located in the right-of-way with Traffic Services staff.
Any proposed landscape islands/medians/roundabouts within the public right-of-way
shall be owned and maintained by a homeowners association. Notes of this should be
required on the final plat.
7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 -
feet back from the near edge of Pine Street and Treva Way.
Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
9. 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 of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility sheet cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 5 OF 21
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACRD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/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.
Additionally, the City Council requested that the neighbors to this project have a meeting with
the ACHD Commission to speak out about their traffic concerns, the information below is what
came out of the ACHD August 27, 2003 meeting:
The application for The Courtyards was approved by ACHD in May and therefore the item could
not be re -heard, or additional requirements added. The ACHD Commission listened to the
public concerns during "Public Communications" at their meeting on August 27°i. Two residents
testified with traffic concerns, two residents e-mailed concerns, and two residents discussed their
concerns over the phone with staff. The ACHD Commission directed staff to send a letter to the
Council, informing it of the discussion.
The applicant notified the Commission that they are proposing to construct the following (in
addition to the ACHD requirements):
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 6 OF 21
• Construct an additional lane on Pine Street at the intersection of Ten Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut -through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
• Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
• Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection,
abutting the church site. The applicant is working with the church owners to provide a
continuous sidewalk from Pine Street to the north.
While ACHD is not requiring these improvements, the District supports the applicant's proposal
and finds that these improvements will help alleviate the back up that occurs near the
intersection.
Under the current conditions, and under build -out conditions of this development, a signal is not
warranted. The intersection of Ten Mile Road and Pine Street is in the Five Year Work Program
for widening, and for signalization.
ACHD is working with the Thundercreek residents to review their concerns regarding existing
cut -through traffic and speeds in the neighborhood, and is currently taking traffic counts and
conducting speed studies.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III -A
2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III -A
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 7 OF 21
combustible construction begins. UFC 901.4.2 & 901.3
7. 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 turn around.
8. The fire department requires that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
9. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all
lots.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for. central sewage & central water after written approval from
appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and approved
by the Idaho Department of Health & Welfare, Division of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 8 OF 21
F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the
bike lane, the bike lane shall be on the west side of Ten Mile, not the east side.
2. The developer shall be required to construct the following:
Y Construct an additional lane on Pine Street at the intersection of Ten Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut -through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
o Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection,
abutting the church site.
For clarification, the developer proposes to phase the project construction. The first phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
4. The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
14. It is found that the requested zoning designation, R-15 and C -N, are harmonious with
and in accordance with the effective Comprehensive Plan ('02) and the Generalized Land Use Map,
which designates the land to be "Mixed Use Community"
15. The area has been designated as a Mixed Use Community area in Meridian's
Comprehensive Plan and is located just north of a potential Transit Station that has been identified in
the Comprehensive Plan. These Comprehensive Plan designations in combination with the L -O and
R-15 zoning directly north of,the subject property make the proposed zoning of the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 9 OF 21
compatible with surrounding land uses and the City of Meridian's plan for the development of the
area.
16. It is found that the proposed uses are compatible with the existing and intended
character of the area. The Comprehensive Plan designates the area as Mixed Use Community; the
proposed mixture of residential, retail and commercial uses are compatible with the Comprehensive
Plan designation. It is also found that the proposed uses can be designed and constructed in a
manner that will be harmonious with and appropriate in appearance with the existing and intended
character of the surrounding area.
17. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors. Special attention will need to be paid to protect the existing agricultural uses to
the south.
18. It is found that the subject property can be served adequately by all essential public
facilities and services. Sanitary sewer service will be via a temporary private lift station being
installed as part of the Mosher's Farm project.
19. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
20. It is found that the proposed uses will create additional traffic, especially on Ten Mile
Road and Pine Avenue. However, it is not believed that the increase in traffic will be excessive. It is
not anticipated that the proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare of the surrounding area.
21. It is found that the two proposed vehicular approaches on Ten Mile Road and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 10 OF 21
proposed vehicular approach on Pine Street should not appreciably interfere with traffic on the
surrounding streets.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request.
23. It is found that the annexation of this property would be in the best interest of the
City by providing a variety of housing types, an innovative subdivision layout, and the addition
of employment opportunities.
24. 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. 13, 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.
25. It is also found that the development considerations as referenced in Finding No.
13 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE I 1 OF 21
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (R-15) Medium High Density Residential and (C -N) Neighborhood
Commercial are defined in the Zoning Ordinance at § 11-7-2 E and H as follows:
(R-15) Medium High Density Residential District: The purpose of the R-15 District is to
permit the establishment of medium-high density single-family attached and multi -family
dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts
must have direct access to a transportation arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominant housing types in this District will be patio homes, zero lot line
single-family dwellings, townhouses, apartment buildings and condominiums.
AND
(C -N) Neighborhood Business District: The purpose of the C -N District is to permit the
establishment of small scale convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as defined by the policies of the
Meridian Comprehensive Plan); to 'encourage clustering and strategic siting of such
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 12 OF 21
businesses to provide service to the neighborhood and avoid intrusion of such uses into the
adjoining residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of the City, and
shall not constitute all or any part of a strip development concept.
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 Ptd 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
f7'x""Ns:`QUIX1107
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:
The applicant's request for annexation and zoning of approximately 11 acres to
Medium High Density Residential (R-15) and Neighborhood Commercial (C -N), is granted subject
to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 11 acres. The legal description shall
be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 13 OF 21
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 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 Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B. Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated
right-of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way
from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from
the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot
wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, if funds cannot be secured for the purchase of the above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48 -feet of right-of-way along Ten Mile
Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 14 OF 21
construct a minimum 5 -foot wide concrete sidewalk along the roads. Coordinate
the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with
an easement provided to the District. Coordinate the location and design of the
sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet
south of Pine Avenue (measured near edge to near edge). Pave the right-indright-out
restricted driveway on Ten Mile Road to its full width (maximum 36 -feet) and at least 30 -
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
3. Construct a driveway on Pine Avenue located approximately 220 -feet east of Ten Mile
Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full
width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with 15 -foot radii abutting the existing
roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the
design of the driveway with District Traffic staff.
Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and
5 -foot sidewalk within 54 -feet of right-of-way as proposed.
Construct Marbeth Court as.a 36 -foot street section with curb, gutter and 5 -foot wide
concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District
approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on
either side of any proposed center island within the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with
a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the
size and design of any roundabouts located in the right-of-way with Traffic Services staff.
Any proposed landscape islands/medians/roundabouts within the public right-of-way
shall be owned and maintained by a homeowners association. Notes of this should be
required on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 15 OF 21
7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 -
feet back from the near edge of Pine Street and Treva Way.
8. Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to
ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACRD right-of-way. The applicant shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 16 OF 21
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled)
are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
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 a waiver/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:
One and two family dwellings will require a fire -flow of 1,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. 1997 UFC Appendix III -A
2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III -A
3. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
7. 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 turn around.
8. The fire department requires that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 17 OF 21
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
9. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all
lots.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental Quality.
3. Run-off is not to c, --ate a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the
bike lane, the bike lane shall be on the west side of Ten Mile, not the east side.
2. The developer shall be required to construct the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 18 OF 21
• Construct an additional lane on Pine Street at the intersection of Ten Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut -through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
• Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection,
abutting the church site.
For clarification, the developer proposes to phase the project construction. The first phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
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-15) Medium High Density Residential District and (C -N) Neighborhood
Commercial 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 -2 1 -1 in accordance
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 19 OF 21
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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 writing, 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 may be 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 l day of
2003.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED A—
COUNCILWOMAN TAMMY deWEERD VOTEDA--
COUNCILWOMAN CHERIE Mc CANDLESS VOTED d -t -
COUNCILMAN WILLIAM L.M. NARY VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 20 OF 21
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: l�
MOTION: f
APPROVED: (X`
Attest:
G. Berg, Jr., City
DISAPPROVED:
SEAL
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Copy served upon Applicant, the Planning
the City Attorney.
Bya� ated:
City Clerk
Z:\W ork\M\Mieridian\Meridian 15360M\The Courtyards rit Ten Mile AZ -03-009 PP -03-010
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ -03-009)
PAGE 21 OF 21
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