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HomeMy WebLinkAboutCarol Subdivision AZ 03-012BEFORE THE MERH)IAN CITY COUNCIL C/C 08-12-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 24.004 ACRES FOR PROPOSED CAROL SUBDIVISION FROM Rl TO R-2, LOCATED WEST OF NORTH EAGLE ROAD AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO CASE NO. AZ-03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CITY OF MERIDIAN, APPLICANT The above entitled annexation and zoning application having come on for public hearing on August 12, 2003, at the hour of 7:00 p.m., and Brad Watson of the Public Works Department, Anna Powell Planning Director for the Planning and Zoning Department, and Douglas Miller, 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 CAROL SUBDIVISION (AZ-03-012) PAGE 1 OF 17 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, 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 24.004 acres in size and is located west of N. Eagle Road and south of E. Ustick 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 owners of record of the subject property are William W. Calhoun and Sherri D. Calhoun -husband and wife, Russel E. and Dorris E. Martin -husband and wife, Frank E. Youngstrom and Bazbaza L. Youngstrom -husband and wife, Dieter W. Wisemann and Celia P. Wisemann -husband and wife, Walter R. Johnson and Virginia L. Johnson -husband wife, Dennis G. Brockway and Mary Louise Brockway, Trustees for the DMB Family Trust, Douglas J. Mellor and Ra Nae Olson Mellor -husband and wife, William H. Ball and Mary Lynne Ball - husband and wife, Marlin R. Glaesemann and Beverly J. Glaesemann -husband and wife, Raymond J. Kane and Judy L. Kane -husband and wife, Maureen E.W. Boyle, a married person as her sole and separate property, Connee M. Bentley, an unmarried person as her sole and separate property, Walter C. Williams and Roberta J. Williams -husband and wife, Julie A. Brandt, an unmarried woman, James F. Hatmaker and Patsy Y. Hatmaker -husband and wife, Telford C. Brock, Jr. and Charlyn M. Brock -husband and wife, Kent R. Smith and Tami P. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 2 OF 17 Smith -husband and wife, Janine L. Helms, a single person, James A. Lau and Linda M. Lau - husband and wife, Gerry R. Morisette and Helen J. Morisette -husband and wife, Clifford E. Bissell and Phyllis S. Bissel, as co-trustees of the Clifford and Phyllis Bissell Trust under trust Agreement dated January 14, 1991, and their substitutes and successors as trustee thereunder, and Bruce A. Dyer and Stella L. Dyer -husband and wife, all of whose addresses are listed within the application. The applicant is City of Meridian, 660 E. Watertower Lane, Meridian, Idaho. 5. The property is presently zoned Rl (Ada County), and consists of a residential subdivision. 6. The Applicant requests the property be zoned as R-2 (Rural Low Density Residential District). The subject property is bordered to the north by the proposed Parkstone Subdivision, to the south by Packard Subdivision, school and future offices, to the east by rural residential/agricultural property, and to the west by Packard Subdivision and rural residential/agricultural property. 8. The Applicant proposes to develop the subject property in the following manner: The current residential use will not change. 9. The Applicant requests zoning of the subject real property as R-2, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDNISION (AZ-03-012) PAGE 3 OF 17 11. The City Council recognizes the concerns of Betty Rossow, 2832 Leslie Drive, Meridian, Idaho, expressed in her letter dated June 29, 2003. 12. 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 CONDITIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, with the exception that the property owners are allowed 12-months from the date of this annexation approval to make the physical connection to the City of Meridian's sanitary sewer and water systems. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Each property owner within this annexation shall be subject to the current sanitary sewer and water assessment fees, and service line construction reimbursement costs at the time of connection. Property owners will also have to obtain all necessary permits and inspections. B. Adopt the Recommendations of the ACHD as follows: Site Sroecific Requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 4 OF 17 1. Dedicate 33-feet ofright-of--way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right-out .operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of--way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet ofright-of--way, located as proposed 320-feet. 8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. 9. Construct an ACHD approved tumaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 5 OF 17 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. Standard Requirements 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written exnlanation of why such a requirement would result in a substantial hazdship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identi , each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDNISION (AZ-03-012) PAGE 6 OF 17 5. 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. 6. 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. 7. 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 ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD 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. 8. No change in the terms and conditions of this approval shall be valid unless they are in wrifing 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. 9. 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 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 450' apart. 1997 UFC Appendix III-A D. Adopt the action of the City Council taken at their August 12, 2003 meeting as follows: That any property owners who have applied for annexation for this project, shall be allowed to continue to maintain the number and types of livestock allowed under the existing Carol Subdivision Covenants and Restrictions, as a nonconforming use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 7 OF 17 2. That as a condition of annexation of the properties which are adjacent to the open ditch, they shall not be required to the that existing ditch. 3. For clarification, the owners who have applied for annexation shall have 12 months from the time of official annexation to physically connect to water and sewer. 13. It is found that the Comprehensive Plan Future Lane Use Map depicts the subject property as "Low Density Residential" which complies with the requested zoning designation ofR-2. It is found that the requested zone of R-2 will be harmonious with and in accordance with Comprehensive Plan. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the existing residential subdivision is a permitted use within the requested R-2 zone. 16. City services have become available to the residents of Carol Subdivision since the subdivision was originally created. 17. It is found that there are no new proposed uses and that the existing uses are harmonious with the character of the general vicinity. 18. It is found that the existing use will not be disturbing or hazardous to the existing or future neighboring uses. 19. It is found that the property to be annexed maybe served adequately by all essential public facilities and services. Review of ACHD's report and the Fire Department's comments concerning this existing subdivision will provide further information regarding availability of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 8 OF 17 necessary public services. 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed annexation will not create additional traffic and noise that may be detrimental to the general welfare of the surrounding residential area. 22. It is found that no new vehicular approaches have been created. 23. 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 larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation will create county enclave lots. White it would be preferred from public services perspective to perform a single annexation of the entire subdivision, it is found that the annexation of the subject 221ots is in the best interest of the City. 25. 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 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 9 OF 17 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 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 Rural Low Density Residential (R-2) is defined in the Zoning Ordinance at § 11-7-2 A as follows: (R-21 Rural Low Density Residential District: The purpose of the R-2 District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominantly rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-2 District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 5. Since the annexation and zoning of land is a legislative function, the City has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 10 OF 17 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. 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. 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 24.004 acres to Rural Low Density Residential (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 24.004 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 11 OF 17 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 CONDITIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, with the exception that the property owners are allowed 12-months from the date of this annexation approval to make the physical connection to the City of Meridian's sanitary sewer and water systems. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Each property owner within this annexation shall be subject to the current sanitary sewer and water assessment fees,, and service line construction reimbursement costs at the time of connection. Property owners will also have to obtain all necessary permits and inspections. B. Adopt the Recommendations of the ACHD as follows: Site Specific Requirements 1. Dedicate 33-feet ofright-of--way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 12 OF 17 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement aze not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of--way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet ofright-of--way, located as proposed 320-feet. 8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. 9. Construct an ACHD approved turnazound with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 13 OF 17 Standard Requirements 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the acfion and shall include a minimum fee of $110.00. The request for reconsideration shall specifically idenfify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 14 OF 17 occupancy. 7. 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 ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 8. 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. 9. 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 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 450' apart. 1997 UFC Appendix III-A D. Adopt the action of the City Council taken at their August 12, 2003 meeting as follows: 1. That any property owners who have applied for annexation for this project, shall be allowed to continue to maintain the number and types of livestock allowed under the existing Carol Subdivision Covenants and Restrictions, as a nonconforming use. 2. That as a condition of annexation of the properties which are adjacent to the open ditch, they shall not be required to the that existing ditch. 3. For clarification, the owners who have applied for annexation shall have 12 months from the time of official annexation to physically connect to water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 15 OF 17 4. The CityAttomey 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-2) Rural Low Density Residenfial District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staffof the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 regulaz meeting held on the ~ day of jTGCGGcfzG , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDIVISION (AZ-03-012) PAGE 16 OF 17 ROLL CALL COUNCILMAN KEITH BIRD VOTED__~~ COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED_~ COUNCILMAN WILLIAM L.M. NARY VOTED_~'~~J MAYOR ROBERpT D. CORRIE (TIE BREAKER) VOTED - DATED: 8 `y ©3 MOTION: APPROVED: DISAPPROVED: ,~``~y `Of I IMER/~~~ .~ ,o`G~~ RPO ~~ Rob rt D. Come Attest: \~o R4 pFo ~~~~ SEAL 9 0~ William G. Berg, Jr., Ci y C erk % yo ~(~r iss • `° .~J,.c ~''q COUlV7`t • ~~P`~~`` i ~~ Copy served upon Applicant, the Planning~ana honing Department, Public Works Department and the CityyAQttomey. ` ~.,~y~~pf ~IulERjp~ ~~,,, -~ ~~ ~~ B /~~-- ~ Dated: ~ 3 - "_ Y~//~ Q G\ GoPPO~T 9~ /'' city clerk =_ SEAL - Y O~ 9 Z:1WoddPoPMeridianVvleddian 15360Iv~Caro1 Sub AZ-03-012WZFtC1&Order.doc ~'~ 90 GCL`ST 1ST ' 1 `Z~ ;~~''~ COUNTY SOP \`° '~~~,n+,n nn+~'`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAROL SUBDNISION (AZ-03-012) PAGE 17 OF 17