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HomeMy WebLinkAboutBirchstone Creek AZ 03-008BEFORE THE MERIDIAN CITY COUNCIL C/C 07/08/03 C/C 07-15-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 34.52 ACRES FOR PROPOSED BIRCHSTONE CREEK SUBDIVISION FROM RUT TO R-8, LOCATED AT THE NORTHWEST CORNER OF USTICK ROAD AND BLACK CAT ROAD, MERIDIAN, IDAHO CASE NO. AZ-03-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CENTENNIAL DEVELOPMENT, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on July 8, 2003, and continued until July 15, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Kevin Amar, appeazed and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CREEK SUBDNISION (AZ-03-008) PAGE 1 OF 17 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles I 1 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 34.52 acres in size and is located at the northwest corner of Ustick Road and Black Cat Road, Meridian, Idaho, all within the Area of hnpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Marcia A. Bain Trust and Marcia A. Bain and Del L. Bain. The applicant is Centennial Development, LLC. The property is presently zoned RUT (Ada County), and consists of agricultural land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District). The subject property is bordered to the north by ruraUagricultural land, to the south by Tricia's Subdivision No. 4, to the east by rural agricultural land, and to the west by rural residential. 8. The Applicant proposes to develop the subject property in the following manner: 90-lot residential subdivision and 7 other lots on 34.52 acres to be known as Birchstone Creek Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDNISION (AZ-03-008) PAGE 2 OF 17 9. 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 Medium Density Residential. 10. The Eight Mile Lateral lies contiguous to the south and west boundaries of the subject property and is a feature that will need to be protected. 11. 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: 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. The Applicant has submitted a revised annexation map showing the boundary of the annexation that incorporates Parcel No. 50433449100 (north boundary out parcel) into the annexation boundaries. The original metes and bounds legal description incorporates this out parcel. B. Adopt the Recommendations of the ACHD as follows: The applicant shall choose one of the following options: a. Dedicate bydonation an additiona123-feet ofright-of--way along Ustick Road and Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road and Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road and Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 3 OF 17 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road and Black Cat Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Red Birch Avenue to intersect with Ustick Road and align or offset Sweetwood Drive a minimum of 300-feet (measured centerline to centerline). Construct Birthstone Street (a residential collector roadway) to intersect Black Cat Road approximately 660-feet north of Ustick Road, as proposed. 4. Align the intersecfions of Willowstone Street/Red Birch Avenue and Alderstone Street/Red Birch Avenue or provide a minimum offset of 125-feet (measured centerline to centerline). 5. Align Red Birch Avenue and Oakstone Avenue (near Pinestone Street) or provide a minimum offset of 125-feet (measured centerline to centerline). 6. Align Red Birch Avenue and Oakstone Avenue (neaz Aspen Street) or provide a minimum offset of 125-feet (measured centerline to centerline). 7. Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a residential collector roadway with a 36-foot street section with vertical curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as proposed. This roadway shall have no front-on housing and pazking is prohibited. Coordinate the signage Program with District staff. 8. Construct Birthstone Street from Black Cat Road to Elmstone Avenue as a residential collector roadway with a 36-foot street section with vertical curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as proposed. This roadway shall have no front-on housing and parking is prohibited. Coordinate the signage Program with District staff. 9. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 10. Provide an easement through the common lot(s) on Alderstone Street or Red Birch Avenue for the out parcel that is located on Ustick Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 4 OF 17 11. Construct Alderstone Street as a stub street to the west property line approximately 170-feet north of Ustick Road, as proposed. Construct Alderstone Street as a stub street to the west property line (ensuring that a stub street will be available in the future if it is desired) with a permanent cul-de-sac turnaround constructed at the terminus of the roadway with a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Ashston Avenue as a stub street to the north property line approximately 340-feet west of Black Cat Road, as proposed. Install a barricade or bollazds at the terminus of the roadway with a sign stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 13. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. 14. Construct four (4) knuckles within the subdivision, as proposed. 15. Other than the access points specifically approved with this application, direct lot access to Ustick Road and Black Cat Road is prohibited. 16. Other than the access points specifically approved with this application, direct lot access and parking will be prohibited on Red Birch Avenue (from Ustick Road to Pinestone Street) and Birthstone Street (from Black Cat Road to Elmstone Avenue). 17. Comply with all Standard Conditions of Approval. C. Adopt the Recommendations of the Meridian Fire Department as follows: 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. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is confingent upon acceptance of the water system by the City of Meridian for water quality. 4. Al] radii shall be 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 5 OF 17 Provide an approved turnaround for all streets greater than 150' in length that have no outlet. It appears that the plan as submitted with a snoopy tumaround meets this requirement. D. Adopt the action of the City Council taken at their July 15, 2003 meeting as follows: 1. The Plat has been revised to add more space to the park located at Lot 5 of Block 6 in order to meet the Landscape Ordinance requirement of 5% open space. This open space at Lot 5 Block 6, along with other smaller landscaped entryway lots within the subdivision, will be permanent part of the subdivision, and which will be owned and maintained by the Homeowners Association. The Plat dated 07/14/03 is approved by the Council. 2. For clarification, since the applicant has altered the plat by adding area to the park located at Lot 5 of Block 6 in order to meet the Landscape Ordinance of the 5% open space, this open space at Lot 5 Block 6, along with other smaller landscaped entryway lots within the subdivision shall be a permanent part of the subdivision and owned and maintained by the Homeowners Association. Also during the construction the applicant shall also be improving approximately 33,300 square feet of the future school site in order to provide additional useable open space; at the time the school is constructed this area will be incorporated into the playground for the elementary school which is Lot 6 Block 6 on the preliminary plat. This information for the 33,300 square feet usage has been added as a note to the Preliminary Plat and shall be incorporated within the CC&R's for Birthstone Creek Subdivision. The applicant additionally stated at the public hearing on July 15, 2003 that a sign shall be placed at this site to notify potential buyers that Block 6, Lot 6 and 7 will be the future site of an elementary school, and that a portion of the present open space will eventually become part of the elementary school playground. The applicant shall also coordinate with Wendel Bigham, of the Meridian Joint School District No. 2, on how this open space shall be watered, and provide written proof to the Planning and Zoning Department on how the transfer of the lot and incorporation into the school site will be accommodated. 3. The applicant shall be required access into the school area through the park, and provide for emergency vehicle access. 12. It is found that the requested zoning designation, R-8, is harmonious with and in FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 6 OF 17 accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". The Land Use Map also shows a potential public park site in this general area. However, given the Parks Department has a target community park size of25 - 30 acres and the total acreage involved in this annexation is less than 40 acres, it is not considered that this development would have a feasible option for negotiating a community park site. The Comprehensive Plan does contain policies which encourage development to be phased in accordance with their connection to the sewer system, Policy #8, page 108, and similar "pace of growth" policies. This development precedes the permanent sewer trunk line it is intended to serve. 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed subdivision will be allowed within the requested R-8 zone. 15. Surrounding properties include rural residential properties (on three sides) and a residential subdivision. The subject property would be the first urban-scale development in this square mile. Neither Ustick or Black Cat are within ACHD's Five Year Program. The property is designed to sewer into a portion of the Black Cat Trunk that is not yet constructed (under design by J-i7-B). The main change in the area is the approval of Tricia's Subdivision No. 4 Final Plat on March 4, 2003, which will result in urban density lots adjacent to Ustick Road. It is found that the requested zoning and annexation could be deemed premature for this section (T.4N., R.1 W., Section 33). However, the approval of Tricia's Subdivision and the signing of the Black Cat Sewer Trunk design contract demonstrate a certain degree of intent for the City to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIItCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 7 OF 17 expand in this azea. 16. It is found that the proposed uses (detached single family residential) will be designed in accordance with the intended character of the area, assuming all conditions recommended herein are implemented. 17. It is found that the two out pazcels and the existing rural residential use to the west will be impacted by the subdivision and may be disturbing. However, the use should not be hazazdous to the existing use or disturbing to future neighboring uses. 18. It is found that the property to be annexed maybe 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. Sanitary sewer service is proposed via the existing lift stafion located within the Ashford Greens development. Applicant shall be responsible for any and all costs associated with any upgrades necessary for this project. This proposed subdivision shall be subject to sanitary sewer latecomers fees, to reimburse those responsible for opening up service to this azea. In lieu of installing the 42" dry line sewer, a Black Cat Trunk development fee of $1,500.00 per dwelling unit shall be assessed against this development. Latecomers fees, and trunk development fees shall be due and payable for all buildable lots, prior to city endorsement of the final plat for each phase. Review of the Fire Department's comments concerning this subdivision will provide further information. The ACHD Commission has approved the subdivision for public streets, with several site specific conditions. However, there is a concern about the sidewalk and future design of Ustick Road in this location (see "Preliminary Plat Special Considerations" within the Staff report.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIItCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 8 OF 17 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 welfaze. 20. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfaze of the surrounding area. 21. It is found that the subdivision's vehiculaz approach off of Ustick and Black Cat Roads will create new interference with the existing traffic. However, it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehiculaz approaches and traffic generation. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees lazger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the annexation of this property may or may not be in the best interest of the City. In particular, Findings 12 and 15 above, raise concerns about the timing of expanding the city limits into Section 33 (T.4N., R.1 W.) prior to all municipal and highway district services being fully addressed. 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. 11, 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. 11 are reasonable to require and must be taken into account, in order to assure the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 9 OF 17 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 chazacter 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, glaze and odors. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 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 Medium Density Residential (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-81 Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those azeas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 10 OF 17 is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of lazge homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 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). 6. 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. 7. Pursuant to Secfion 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 34.52 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 34.52 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 11 OF 17 to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Deparhnent 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. The Applicant has submitted a revised annexation map showing the boundary of the annexation that incorporates Parcel No. SO433449100 (north boundary out parcel) into the annexafion boundaries. The original metes and bounds legal description incorporates this out parcel. B. Adopt the Recommendations of the ACHD as follows: The applicant shall choose one of the following options: a. Dedicate bydonation an additiona123-feet ofright-of--way along Ustick Road and Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road and Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewallc along Ustick Road and Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road and Black Cat Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Red Birch Avenue to intersect with Ustick Road and align or offset FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 12 OF 17 Sweetwood Drive a minimum of 300-feet (measured centerline to centerline). 3. Construct Birchstone Street (a residential collector roadway) to intersect Black Cat Road approximately 660-feet north of Ustick Road, as proposed. 4. Align the intersections of Willowstone Street/Red Birch Avenue and Alderstone Street/Red Birch Avenue or provide a minimum offset of 125-feet (measured centerline to centerline). 5. Align Red Birch Avenue and Oakstone Avenue (near Pinestone Street) or provide a minimum offset of 125-feet (measured centerline to centerline). 6. Align Red Birch Avenue and Oakstone Avenue (near Aspen Street) or provide a minimum offset of 125-feet (measured centerline to centerline). Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a residential collector roadway with a 36-foot street section with vertical curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as proposed. This roadway shall have no front-on housing and parking is prohibited. Coordinate the signage Program with District staff. 8. Construct Birchstone Street from Black Cat Road to Elmstone Avenue as a residential collector roadway with a 36-foot street section with vertical curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as proposed. This roadway shall have no front-on housing and parking is prohibited. Coordinate the signage Program with District staff. 9. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewallc within 50-feet ofright-of--way, as proposed. 10. Provide an easement through the common lot(s) on Alderstone Street or Red Birch Avenue for the out parcel that is located on Ustick Road. 11. Construct Alderstone Street as a stub street to the west property line approximately 170-feet north of Ustick Road, as proposed. Construct Alderstone Street as a stub street to the west property line (ensuring that a stub street will be available in the future if it is desired) with a permanent cul-de-sac turnaround constructed at the terminus of the roadway with a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Ashston Avenue as a stub street to the north property line FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 13 OF 17 approximately 340-feet west of Black Cat Road, as proposed. Install a barricade or bollards at the terminus of the roadway with a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Provide a minimum fuming radius of 45-feet for all cul-de-sac turnarounds. 14. Construct four (4) knuckles within the subdivision, as proposed. 15. Other than the access points specifically approved with this application, direct lot access to Ustick Road and Black Cat Road is prohibited. 16. Other than the access points specifically approved with this application, direct lot access and parking will be prohibited on Red Birch Avenue (from Ustick Road to Pinestone Street) and Birchstone Street (from Black Cat Road to Ehnstone Avenue). 17. Comply with all Standard Conditions of Approval. 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 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. It appears that the plan as submitted with a snoopy turnaround meets this requirement. D. Adopt the action of the City Council taken at their July 15, 2003 meeting as follows: The Plat has been revised to add more space to the park located at Lot 5 of Block 6 in order to meet the Landscape Ordinance requirement of 5% open space. This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 14 OF 17 open space at Lot 5 Block 6, along with other smaller landscaped entryway lots within the subdivision, will be permanent part of the subdivision, and which will be owned and maintained by the Homeowners Associafion. The Plat dated 07/14/03 is approved by the Council. 2. .For clarification, since the applicant has altered the plat by adding area to the park located at Lot 5 of Block 6 in order to meet the Landscape Ordinance of the 5% open space, this open space at Lot 5 Block 6, along with other smaller landscaped entryway lots within the subdivision shall be a permanent part of the subdivision and owned and maintained by the Homeowners Association. Also during the construction the applicant shall also be improving approximately 33,300 square feet of the future school site in order to provide additional useable open space; at the time the school is constructed this area will be incorporated into the playground for the elementary school which is Lot 6 Block 6 on the preliminary plat. This information for the 33,300 square feet usage has been added as a note to the Preliminary Plat and shall be incorporated within the CC&R's for Birchstone Creek Subdivision. The applicant additionally stated at the public hearing on July 15, 2003 that a sign shall be placed at this site to notify potential buyers that Block 6, Lot 6 and 7 will be the future site of an elementary school, and that a portion of the present open space will eventually become part of the elementary school playground. The applicant shall also coordinate with Wendel Bigham, of the Meridian Joint School District No. 2, on how this open space shall be watered, and provide written proof to the Planning and Zoning Department on how the transfer of the lot and incorporation into the school site will be accommodated. The applicant shall be required access into the school area through the park, and provide for emergency vehicle access. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexafion 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 staff of the Public Works Department shall prepare the appropriate mapping changes of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 15 OF 17 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 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 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 maybe adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 5~ day of ~~f~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED~a- COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~-' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIRCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 16 OF 17 COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: tg" ,>~- ©,3 MOTION: APPROVED: DISAPPROVED: Attest: William G. Berg, Jr., Copy served upon Applicant, the the City Attorney. By City Clerk VOTED~ii~ VOTED \„uuniuu~ c3~~,oc~a rF qti ~'-. ~ii?J;~le.•.~ ~ Gay CaIT.,~li,e 3EA.I, ~,~ ~~r ist •~ ~-7-03 Public Works Department and Z:\WorkVvl\Meridian\Meridian 15360M~Birchstone Creek Sub AZ 03 008 PP 03 008v1ZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BIItCHSTONE CREEK SUBDIVISION (AZ-03-008) PAGE 17 OF 17 \`i„~ u u i n i"r ~ ~\ CT \~pRP01~,yTO 'L ''. F $~'' ~~r 9~ ~r7 19 ~~irrrlnn nn~"N,