HomeMy WebLinkAboutParkway Subdivision AZ 03-017WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE Sr ROSSMAN, P.A.
KEVIN E. DINIUS PHILIPA. PETERSON
JULIE KEEIN FLSCHER ERIC $. PHILLBS
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J[LL HOLINKA TERRENCE R. WHtrE'*
D. $AMUELJOHNSON NICHOLA3L WOLLeN
WILLL9M A. MoRitow
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CHRISTOPHER S. NYE
`Also admitted in OR
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ATTORNEYS AT LAW
October 10, 2003
NAMPA OFFICE
5700 E. FRANKLPI RD.,
$ImEZOo
NAMPA, mAHO 83653-8402
TEL. (208) 466-9272
FAX (208)466-4405
.R~~~.~IVE1~
i~CT 1 31003
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL ~'~tY Of Meridian
33 East Idaho ~'i'tS' Clerk Office
Meridian, Idaho 83642
Re: SIX POINT DEVELOPMENT. /ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE &
CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER / AZ-03-017
Dear Will:
Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions fromthe Council meeting ofOctober 7, 2003, and which
are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification ofthe Clerk
for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
Order Grantine AUAlication Y'or Kezone are adopted. Addlhonally, l have enclosed a Summl
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Coun
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
F.
Z:\WorkwDMeridianWleridian 15360M~Parkway Sub. AZ-03-017 PP-03-0221FFCL and ORD and SUM ORD Clerk Ltr 10 10 03.dac
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-10-03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 6.00 ACRES FOR
PROPOSED PARKWAY
SUBDIVISION FROM RUT TO R-4,
LOCATED AT 355 WEST UTSTICK
ROAD, MERIDIAN, IDAHO
CASE NO. AZ-03-017
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
SIX POINT DEVELOPMENT,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on October 7, 2003, at the hour of 7:00 p.m, and Anna Powell Planning Director for the
Planning and Zoning Department, and Richard Cook, 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
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 1 OF 17
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 6.00 acres in size and is located at 355
West 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 John K. Barton and Leta Barton,
and they have given their consent for the applicant to submit the applications for this project.
The applicant is Six Point Development.
5. The property is presently zoned RUT (Ada County), and has one existing
dwelling.
6. The Applicant requests the property be zoned as R-4 (Low Density Residential
District).
7. The subject property is bordered to the north by L-O, to the south by R-4, to the
east by RUT, and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner:
Fourteen building lot residential subdivision.
9. The Applicant requests zoning of the subject real property as R-4, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 2 OF 17
consideration of this application.
11. The City Council recognizes the concerns of Wendel Bigham from Joint School
District No. 2 in a letter dated July 9, 2003, and letter of concern dated April 1, 2003 from
Wanda Palmer.
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:
Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from the
City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation. Applicant shall be responsible for the physical abandonment of existing wells and
septic systems, as well as the connection of the existing home to city services.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire
hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational. fire hydrants and temporary or permanent street .signs are required before
combustible construction begins. iJFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
C. Adopt the Ada County Highway District Recommendations as follows:
A. Site Specific Conditions of Approval
The applicant shall do one of the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 3 OF 17
a. Dedicate by donation an additiona123-feet ofright-of--way along Ustick Road, and
construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the
right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Reconstruct the existing 16-foot wide driveway that intersects Ustick Road approximately
200-feet east of the proposed entrance. Pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15-foot radii abutting the existing roadway edge.
3. Construct a public roadway, Northwest 3'd Street, to intersect Ustick Road approximately
15-feet east of the west property line, as proposed.
4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot
concrete sidewalk within 50-feet ofright-of--way, as proposed.
Construct a stub street (Wrangler Street) to the west property line approximately 95-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct a knuckle without an island at the southeast corner of Wrangler Street and
Northwest 3`d Street, as proposed. The design shall be reviewed and approved by
ACHD's Development staff.
Construct a center island within the public right-of--way (Northwest 3rd Street), as
proposed. Maintain a minimum of a 21-foot street section on either side of the island.
The island shall be owned and maintained by the homeowners association. Notes of this
are required on the final plat.
Other than the access points specifically approved with this application, direct lot access
to Ustick Road is prohibited.
9. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 4 OF 17
B. 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 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.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to 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 (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 5 OF 17
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 Recommendation of Nampa & Meridian Irrigation District as follows:
Nampa & Meridian Irrigation District has no facilities in this area. However, all storm
drainage must be retained on site. If all storm drainage is retained on site there will be no
impact on the District. If any surface drainage leaves the site, the District must review
drainage plans. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the action of the City Council taken at their October 7, 2003 meeting as follows:
1. The revised Plat dated September 24, 2003 is approved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 6 OF 17
2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a mistake
pertaining to this project that the developer would be donating land for an elementary school
and a high school. There is nothing intended for this particular development, and Mr.
Bigham's letter pertained to another project.
13. It is found that the requested zoning designation, R-4, is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land
to be "Medium Density Residential".
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed subdivision will be allowed within the requested R-4
zone.
16. The properties to the south of the subject property have recently changed from rural
residential to single family residential. Other surrounding properties include rural residential
properties and residential subdivisions. It is found that the requested zoning designation of R-4 is
harmonious with the existing and planned developments.
17. It is found that the proposed uses (detached single family residential) will not change
the existing or intended residential character of the area.
18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighboring uses.
19. It is found that the property to be annexed will be served adequately by all essential
public facilities and services if the applicant can obtain an easement for sanitary sewer to the existing
main southeast of the site. Applicant shall be required to extend water and sanitary sewer mains to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 7 OF 17
and through the proposed development. Review of the Fire Department's comments concerning this
subdivision will provide further information.
20. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfaze, as the applicant
will obtain an easement for sanitary sewer to the existing main southeast of the site. The applicant
shall be required to extend water and sanitary sewer mains to and through the proposed development.
21. It is found that the proposed residential subdivision will not create excessive traffic,
noise, noise or other nuisances that would be detrimental to the general welfare of the surrounding
area. The proposed residential use is compatible with the surrounding azea's residential and rural
residential uses.
22. It is found that the subdivision's vehiculaz approach off of W. Ustick will create new
interference with the existing traffic on Ustick Road, however, it is not believed that the subdivision
entrance will cause significant interference on the surrounding public streets. Review of ACHD's
comments regazding the proposed subdivision do not find that the proposed subdivision will create a
significant impact on the existing traffic on Ustick Road.
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. The subject property has a single family dwelling
and is currently being used as pasture land. 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 of this property would be in the best interest of the
City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 8 OF 17
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
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particulazly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being 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.
The City of Meridian has exercised its authority and responsibility as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 9 OF 17
"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 Low Density Residential (R-4) is defined in the Zoning Ordinance
at § 11-7-2 C as follows:
(R-41 Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
public schools. The purpose of the R-4 District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 10 OF 17
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 6.00 acres to Low
Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter
stated.
2. The application is for annexation and zoning of 6.00 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 pazcel contiguous to the Corporate City Limits per Ordinance No. 686.
Developer shall be required to met the conditions set forth and in the event the
conditions herein aze 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
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services aze available from the
City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation. Applicant shall be responsible for the physical abandonment of existing wells and
septic systems, as well as the connection of the existing home to city services.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire
hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 11 OF 17
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
C. Adopt the Ada County Highway District Recommendations as follows:
A. Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation an additiona123-feet ofright-of--way along Ustick Road, and
construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the
right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Reconstruct the existing 16-foot wide driveway that intersects Ustick Road approximately
200-feet east of the proposed entrance. Paue the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with 15-foot radii abutting the existing roadway edge.
Construct a public roadway, Northwest 3`d Street, to intersect Ustick Road approximately
15-feet east of the west property line, as proposed.
4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of--way, as proposed.
5. Construct a stub street (Wrangler Street) to the west property line approximately 95-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct a knuckle without an island at the southeast corner of Wrangler Street and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 12 OF 17
Northwest 3`d Street, as proposed. The design shall be reviewed and approved by
ACHD's Development staff.
7. Construct a center island within the publicright-of--way (Northwest 3`d Street), as
proposed. Maintain a minimum of a 21-foot street section on either side of the island.
The island shall be owned and maintained by the homeowners association. Notes of this
are required on the final plat.
8. Other than the access points specifically approved with this application, direct lot access
to Ustick Road is prohibited.
9. Comply with all Standard Conditions of Approval.
B. 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.
All design and constrrcdon shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 13 OF 17
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACRD right-of--way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD
conduits (spaze or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless 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 Recommendation of Nampa & Meridian Irrigation District as follows:
Nampa & Meridian Irrigation District has no facilities in this area. However, all storm
drainage must be retained on site. If all storm drainage is retained on site there will be no
impact on the District. If any surface drainage leaves the site, the District must review
drainage plans. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 14 OF 17
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the action of the City Council taken at their October 7, 2003 meeting as follows:
1. The revised Plat dated September 24, 2003 is approved.
2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a mistake
pertaining to this project that the developer would be donating land for an elementary
school and a high school. There is nothing intended for this particulaz development, and
Mr. Bigham's letter pertained to another project.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staffof 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDNISION
(AZ-03-017)
PAGE 15 OF 17
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
2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 16 OF 17
day of
VOTED
VOTED
VOTED
VOTED
VOTED
MOTION:
APPROVED: DISAPPROVED:
Mayor Robert D. Corrie
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By:
City Clerk
Z:\WorklMVvleridianlMeridian 153b0IVPParkway Sub. AZ-03-017 PP-03-022\P.ZFYC]&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARKWAY SUBDIVISION
(AZ-03-017)
PAGE 17 OF 17