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HomeMy WebLinkAboutKelly Creek Sub AZ 03-013BEFORE THE MERH)IAN CITY COUNCIL C/C 08-OS-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 79.77 ACRE5 IN SIZE, INCLUDINGRIGHT-OF- WAY, FOR PROPOSED KELLY CREEK SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF NORTH CINDER ROAD AND Case No. AZ-03-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WEST McMILLAN ROAD, MERH)IAN, IDAHO KEVIN HOWELL CONSTRUCTION, APPLICANT The above entitled annexation and zoning application having come on for public hearing on August 5, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, 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. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 1 OF 27 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 79.77 acres in size, including right-of- way, and is located at the northwest comer of North Linder Road and West McMillan 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 pazcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owners of record of the subject property are Kevin Howell - 4822 N. Rosepoint, Suite C, Boise, Idaho, Kelly and Brenda Fulfer, husband'and wife, 2350 W. McMillan Road, Meridian, Idaho, lack Fulfer with Durable Special Power of Attorney from Jack Fulfer to Kelly Fulfer - 1942 W. McMillan Road, Meridian, Idaho, and Randall and Tanya Calkins with Durable Special Power of Attomey from Randall Calkins and Tanya Calkins, husband and wife, to Kelly Fulfer - 2186 W. McMillan Road, Meridian, Idaho. The applicant is Kevin Howell Construction. 6. The property is presently zoned RUT (Ada County) and consists of agricultural land and rural residences. The Applicant requests the property be zoned as R-8 (Medium Density Residential), C-G (General Retail And Service Commercial), and L-O (Limited Office). 8. The subject property is bordered to the north by Lochsa Falls Subdivision, zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 2 OF 27 R-4, to the south by Bridgetower Subdivision, zoned R-4, to the east by the recently approved Paramount Subdivision, zoned C-G, and to the west by Lochsa Falls Subdivision, zoned R-4. 9. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with use exceptions for commercial and office uses. 10. The Applicant requests zoning of the subject real property as R-8, C-G, and L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 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 Comments and 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. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use permit/planned development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 3 OF 27 B. Adopt the Recommendations of the Ada County Highway District as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 5-feet ofright-of--way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of--way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of- way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that aze not located within the right-of--way. ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan Road (40-feet total from the current centerline) and an additiona123-feet of right-of--way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of--way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk(s) that aze not located within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right- of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the exisfing right-of--way (if feasible). Accomplish all necessary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 4 OF 27 adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane constmction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary tom lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff 4. Construct a separate northbound left-tom lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary tom lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. Construct a taper off of Linder Road for southbound right toms at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 5 OF 27 Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway maybe restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignrnent (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 6 OF 27 on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet ofright-of--way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACRD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs maybe necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: i. Dedicate a minimum of 50-feet ofright-of--way for the road. ii. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 7 OF 27 23. 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 maybe 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 Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all exisfing 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 8 OF 27 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 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 Meridian Fire Department Recommendations as follows: One and two family dwellings will require afire-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 afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of400' 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 fuming 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 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. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opdcom 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 9 OF 27 D. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. E. Adopt the Recommendations of the Central District Health Department as follows: 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. Stomtwater 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 storrnwater 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 August 5, 2003 meeting as follows: For clarification: 1. The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 10 OF 27 network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. The applicant provided a conceptual layout showing how the maximum project would lay out. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of--way. 13. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land to be "Medium Density Residential". The requested L-O and C-G zones do not comply with the Future Land Use Map, but can be approved under the us exception provisions of Ordinance 12-6-3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 11 OF 27 14. It is not anticipated that the land to be annexed will be rezoned in the future. 15. It is found that the property will be developed in a manner consistent with the proposed zoning and/or consistent with allowable Planned Development uses. 16. It is found that the annexation and zoning of the Bridgetower Subdivision to the south, Lochsa Falls to the north and west, and Paramount to the east is a significant change in the area. All such developments were also approved as planned developments with land use exceptions. The two arterial streets abutting the project are not planned for improvements in Ada County Highway District's Five Year Work Program. 17. It is found that the proposed uses match the intended chazacter of the vicinity, as noted on the Generalized Land Use Map. 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 ofthe surrounding area. The proposed use exceptions aze located adjacent to other similaz use exceptions granted to surrounding developments. The existing chazacter ofthe azea will change, especially upon build-out of the proposed project, but it will not adversely change the essential character of the azea. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project. The ACHD Commission acted on the application at their July 2, 2003 meeting, and their conditions are listed in number 12 above. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 12 OF 27 currently under construction. Further phases of this development will be dependent upon a sanitary sewer extension to the west through future phases of the Lochsa Falls project. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed residential, office and commercial uses themselves will not be detrimental. It is also found that the proposed uses will create additional traffic on adjacent arterial roads. The Traffic Impact Study provided by the applicant to ACHD states that the development is estimated to generate 3,772 additional vehicle trips per day with a peak traffic volume of 352 vehicle trips per hours. It is also noted that the mixed use nature of the proposed development will encourage a higher degree of trip capture within the square mile. In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create noise, smoke, fumes, glare or odors. 22. It is found that ACHD staffhas reviewed and recommended approval ofthe vehicular approaches to the residential areas of Kelly Creek Subdivision off of Linder and McMillan Roads. The proposed access points to the commercial and office areas are found to violate ACHD's offset requirements and must be redesigned per ACHD requirements. It is also found that the applicant has proposed internal connections to adjacent properties by connecting to the four stub streets provided by Lochsa Falls. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 13 OF 27 23. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The land is currently in agricultural production with no historic structures or significant natural features. 24. It is found that the annexation of this property would be 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-pazts, the economic welfaze 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 aze 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 chazacter 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, glare and odors. 27. The City Council recognizes the letter of Daniel Gibson dated July 29, 2003, wherein he approves the relocation of W. Apgaz Creek Street, which is within his property boundaries approximately 50 feet to the north, upon the issues addressed within this paragraph. Mr. Gibson is willing to allow the relocation to occur based on the assurance of the acceptability FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 14 OF 27 by the Ada County Highway District. (ACHD memo from Christy Richardson dated July 17, 2003.) If Mr. Gibson can receive written assurance that this relocation will not result in a future requirement that he relocate the access easement to the west, then he is willing to agree to the proposed relocation change. If this is not possible, then the proposed Kelly Creek plat should be revised to recognize the alignment of West Apgar Street as depicted in the approved Lochsa Falls Preliminary Plat. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of 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-8) Medium Density Residential, (L-O) Limited Office, and (C-G) General Retail And Service Commercial are defined in the Zoning Ordinance at § 11-7-2 D, G and K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 15 OF 27 (R-Sl Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of lazge homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings ofprofessional, reseazch, executive, administrative, accounting, clerical, stenographic, public service and similaz uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. (C-G) General Retail And Service Commercial District• The purpose ofthe C-G District is to provide for commercial uses which aze customarily operated entirely or almost entirely within a building; to provide for a review of the impact ofproposed commercial uses which are auto and service oriented and are located inclose proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls 105 Idaho 65, 665 P2d 1075 (1983). 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 16 OF 27 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: 1. The applicant's request for annexation and zoning of approximately 79.77 acres in size, including right-of--way, to Medium Density Residential (R-8), Limited Office (L-O), and General Retail And Service Commercial (C-G) is granted subject to the terms and conditions ofthis Order hereinafter stated. The application is for annexation and zoning of 79.77 acres in size, including right-of- way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 17 OF 27 intersecting crossing or lying adjacent and configuous to the parcel shall be tiled per Ciry Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use pernuUplanned development. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: Dedicate by donation an additional 5-feet ofright-of--way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet ofright-of--way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan Road (40-feet total from the current centerline) and an additiona123-feet ofright-of--way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of--way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide wncrete sidewallc along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 18 OF 27 sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the tum lane with District staff: Construct a separate southbound right-tum lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-tum lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary tum lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 19 OF 27 warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide,concrete sidewalks. Construct Apgaz Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewallcs. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway maybe restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 20 OF 27 driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is tom down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet ofright-of--way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs maybe necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: i. Dedicate a minimum of 50-feet ofright-of--way for the road. ii. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 21 OF 27 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 24. 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. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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. 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND. DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 22 OF 27 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 ACHD right-of--way. The applicant shall 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 aze 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 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. D. Adopt the Meridian Fire Department Recommendations asfollows: One and two family dwellings will require afire-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 afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of400' 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 fuming radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 23 OF 27 8. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests 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 home by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-constmction meeting. F. 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 dischazge 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. G. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 24 OF 27 For clarification: 1. The applicant is providing about four and a half acres for a park in the center of the residenfial project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would lay out. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they aze sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to turn around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of--way. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 25 OF 27 ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, (L-O) Limited Office District, and (C-G) General Retail And Service Commercial District, Meridian City Code § 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepaze 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 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 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 ~ day of ~lGtGGt~~ , 2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 26 OF 27 COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. LOBATE (TIE BREAKER) DATED: ~/ ~9 ~,j MOTION: APPROVED: DISAPPROVED: VOTED_~~ VOTED. VOTED_ i~ VOTED VOTED Mayor o ert D. Com Attest: William G. Berg, Jr., Copy served upon Applicant, the the City Attorney. `~u~unuui~,~ a '9p ~~r 1s~ . °oPd0 By: .~''~ Dated: ~~l ~'~3 City Clerk Z:\WorkVvl\MeridianVvleridian 15360M~Kelly Creek Sub .42-03-013 PP-03-014 ent, Public~,yflprJl~Pepartment and ~~ , ~~ C? ~oaQOR.s l -5',y \~ P~ SERI, i 7 0~ ,~ ~~~ `,c ~' T _~l~T 15'(. P,20 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 27 OF 27