HomeMy WebLinkAboutGlacier Springs AZ 03-024WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVOa E.DmNS Pxx.IeA. PEI'eR30x
JULIE XLEIN FLSCHER Ewcn S. PHILLIPS
Wm. F. GIGRAY, Dr Ewc S. R088AUN
T. GUV HALLPM" ToooA. ROSBxuH
Jo.r. HOLINKA TRRRaNCeR WHITE"
D. SAMUELJOHNSON NICHOLAE L. WOLLEN
WILLGM A. MORROW
WILLW.r F. NICxOL3'
CHRISMPHERS. NYB
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FRnxxLw RO.,
6UxE 200
NAMPA, a)AHO 63687-8402
TEL. (208)466-9272
FAX (206) 466-4405
"Also admitted in OR
•• Also admitted in
WA
November 18, 2003
RECEIVED
NqV 2 0 2003
William G. Berg, Jr., City Clerk City Of Meridian.
MERIDIAN CITY HALL City Clerk Office
33 East Idaho
Meridian, Idaho 83642
Re: TUSCANY DEVELOPMENT, INC. /ANNEXATION AND ZONING FINDINGS / AZ
DEVELOPMENT AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK /SUMMARY
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-024
Deaz Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of November 12, 2003, and which
are on an upcoming Council agenda. I have also attached the original of the Development Agreement for
the owner(s) and/or developer(s) signatures. After the Council meeting, if Council approves the Findings of
Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the
Development Agreement as Exhibit "B". Afterthe Findings ofFactand Conclusions ofLawand Decision and
Order Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the 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 should
Grantine ADalication for Rezone are adopted. Additionally, 1 have enclosed a ~umml
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.
Very truly yo
m. ichols
Z:1WorldMlMeridi3nNderidi3n 15360M`Glacier Springs Sub AZ-03-024 PP-03-0281FFCL DEV AGMT ORI) Clerk Ltr 11 18 03.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 11/12/03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 17.5 ACRES FOR
PROPOSED GLACIER SPRINGS
SUBDIVISION, LOCATED ON THE
NORTH SIDE OF VICTORY ROAD,
EAST OF SOUTH MERIDIAN
ROAD, MERIDIAN, IDAHO
TUSCANY DEVELOPMENT, INC.,
APPLICANT
Case No. AZ-03-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public heazing
on November 12, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner III for the
Planning and Zoning Department, and Matt Schultz, Larry Chase, Gary Sackett, Stephanie
Howard, John Berg, and John Shay, 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 FOR
GLACIER SPRINGS SUBDMSION - (AZ-03-024)
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 17.5 acres in size and is located on the
north side of Victory Road, east of South Meridian Road, Meridian, Idaho, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4. The parcel of land is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property is Jim and Shirley Cobble, and they
have provided notarized consent for submission of the applications. The applicant is Tuscany
Development Inc.
6. The property is presently zoned RUT (Ada County) and consists of vacant land.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential), with approval for zoning as R-4 (Low Density Residential).
8. The subject property is bordered to the north by RUT, to the south by RUT, to the
east by RUT, and to the west by R-4.
9. The Applicant proposes to develop the subject property in the following manner:
as a residential subdivision with 52 building lots and 8 other lots.
10. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 2 OF 17
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
12. The City Council recognizes the concerns of John and Marlene Shay and Matt and
Aneke Binford in their letter to Steve Arnold dated 10/09/2003, and the Meridian Greens
Homeowners Association letter of Carla Everhart dated October 21, 2003. Additionally, the
Council recognizes the concerns of John T. Berg and Jerry L. Caven in their letters dated October
6, 2003 and October 8, 2003.
13. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Applicant must enter into a Development Agreement with the City of Meridian restricting
the minimum home square footages to 2,000 square feet for asingle-level home or for a
two-level home (not including the garage), with an 8,000 square foot minimum lot size
with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003
meeting.)
B. 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.
C. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of_Anaroval
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND. ZONING FOR
GLACIER SPRINGS SUBDNISION - (AZ-03-024)
PAGE 3 OF 17
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory
Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28- 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 Victory Road, located a minimum of 28-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 Victory Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east of
the west property line (measured from property line to near edge of the public right-of-
way).
Extend Loggers Pass Street into the site from the west property line, as proposed.
4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers
Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within
50-feet of right-of--way, as proposed.
5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from
Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot
concrete sidewalk within 42-feet ofright-of--way, as proposed.
6. Construct two standard residential cul-de-sacs without center islands. Provide a
minimum fuming radius of 45-feet.
7. Construct one non-standard residential cul-de-sac without a center island. Submit a
design of the non-standard turnaround for review and approval by District Development
Division staff.
8. Comply with all Standard Conditions of Approval.
Standard Conditions ofAnproval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDNISION - (AZ-03-024)
PAGE 4 OF 17
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 the District's Utility Coordinator at 387-6258 (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 ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepaze 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. The applicant at no cost to ACRD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACRD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change -from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 5 OF 17
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 iri use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
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 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
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.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The District requires a Lane Use Change Application to be filed for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
5. Should the development be planning a pressure urban. irrigation system that will be owned,
operated and maintained by the District, contact the District concerning the installation of the
pressure system.
6. Fill out and return the questionnaire in order to initiate the process of contractual agreements
between the owner and developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 6 OF 17
F. Adopt the City Council action taken at their November 12, 2003 meeting as follows:
1. The zoning is approved as R-4 and not the requested R-8.
2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the
Planning and Zoning Department for their approval.
14. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan (' 02) and the Future Lane Use Map. The parcel is
designated for Medium Density Residential (3 to 8 dwelling units per acre). The project has a gross
density of 2.97 dwelling units per acre and a net density of 3.62 dwelling units per acre. The
common open space for the project is 0.97 acres (5.5% ofthe plat area). There aze proposed changes
to the landscaping and open space, and therefore, the applicant will need to submit a new
Landscaping Plan and Preliminary Plat. However, the zoning is approved for an R-4 re-zone.
15. The applicant has not indicated that they intend to rezone the subject property in the
future.
16. It is found that the proposed subdivision of single-family detached homes will be
allowed within the requested R-8 zone, but the zoning will be R-4 and will also be allowed in this
zoning designation.
17. The area in the vicinity of Locust Grove Road and Victory Road has undergone a
significant level of development recently. Tuscany Village Subdivision has recently been approved
south of Victory Road, and Sageland and Soda Springs Subdivisions are currently proposed on the
east side of the subject property along Victory Road. Sageland and Soda Springs have both
requested R-8 zoning designations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDMSION - (AZ-03-024)
PAGE 7 OF 17
18. It is found that the proposed use (single family residential) is designed appropriately
to match with the existing and intended character of the general vicinity. Any change in the existing
character of the area is in harmony with the intended future land use envisioned by the
Comprehensive Plan.
19. It is not anticipated that the proposed residential and office uses will be hazazdous or
disturbing to future or existing neighbors, however, it is deemed that R-4 zoning would be more
compatible with the neighboring Meridian Greens and Observation Pointe Subdivisions, as long as
the recommended conditions of approval aze complied with.
20. It is found that the property to be annexed will be served adequately by all essential
public facilities and services. An existing sewer trunk line runs through the subject property.
Sanitary sewer and water shall be provided via existing and new main line extensions. Applicant
shall be required to pay for the extension of water and sanitary sewer mains to and through the
proposed development. Public road access to the proposed subdivision is available off of Victory
Road and Loggers Pass Street (a stub provided by Observation Point Subdivision). All internal
streets will be constructed by the developer of the proposed subdivision.
21. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
22. It is found that the proposed subdivision will not create excessive traffic, noise, or
other nuisances that would be detrhmental to the general welfare of the surrounding area. The fact is
also recognized that the traffic and noise will increase with the approval of this subdivision;
however, it is not felt that the amount generated will be detrimental to the public welfare of the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 8 OF 17
23. It is found that the subdivision's vehicular approaches offof VictoryRoad will create
new traffic on surrounding roads. However, it is not believed that the subdivision entrances will
cause significant interference on the surrounding public streets. Review of ACHD's report
concerning the vehicular approaches and traffic generation will reveal their comments on these
issues.
24. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation and re-zone request. Any existing trees larger than 4"
caliper that are removed shall be mitigated for, per the Landscape Ordinance.
25. It is found that the annexation of this property would be in the best interest of the
City.
26. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 13, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
27. It is also found that the development considerations as referenced in Finding No.
13 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particulazly considering the impact of proposed development on
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDP/ISION - (AZ-03-024)
PAGE 9 OF 17
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 boundazies 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-4) Low Density Residential District 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 10 OF 17
Idaho 65, 665 P2d 1075 (1983).
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.
8. 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 17.5 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 17.5 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 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 11 OF 17
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
Applicant must enter into a Development Agreement with the City of Meridian restricting
the minimum home square footages to 2,000 square feet for asingle-level home or for a
two-level home (not including the garage), with an 8,000 square foot minimum lot size
with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003
meeting.)
B. 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.
C: Adopt the Recommendations of the ACRD as follows:
Site Specifac Conditions ofApnroval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of--way from centerline along Victory
Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28- 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 Victory Road, located a minimum of 28-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 Victory Road,. located at the back edge of the existing right-of--way.
Accomplish all necessary- adjustments to properly accommodate existing drainage and
utilities.
2. Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east of the
west property line (measured from property line to near edge of the public right-of--way).
Extend Loggers Pass Street into the site from the west property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 12 OF 17
4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers
Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within
50-feet ofright-of--way, as proposed.
5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from
Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot
concrete sidewalk within 42-feet ofright-of--way, as proposed.
6. Construct two standard residential cul-de-sacs without center islands. Provide a
minimwn turning radius of 45-feet.
Construct one non-standazd residential cul-de-sac without a center island. Submit a
design of the non-standazd tumazound for review and approval by District Development
Division staff.
8. Comply with all Standard Conditions of Approval.
Standard Condltions ofAnnroval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that-may be damaged
during the construction of the proposed development. Contact Construction Services aY
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 the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepaze 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 13 OF 17
occupancy.
8. Payment of applicable road impact fees aze 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. 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) 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
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/vaziance 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 Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
That a fue-flow of 1,000 gallons per minute be available to service the entire project. Fire
hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDMSION - (AZ-03-024)
PAGE 14 OF 17
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The District requires a Lane Use Change Application to be filed for review prior to final
platting.
2. All laterals and waste ways must be protected.
All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
5. Should the development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the District, contact the District concenring the installation of the
pressure system.
6. Fill out and return the questionnaire in order to initiate the process of contractual agreements
between the owner and developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
F. Adopt the City Council action taken at their November 12, 2003 meeting as follows:
1. The zoning is approved as R-4 and not the requested R-8.
2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the Planning and
Zoning Department for their approval.
4. The City Attorney shall prepaze 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE I S OF 17
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 morethantwenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may withintwenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regulaz meeting held on the
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 FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 16 OF 17
day of
VOTED
VOTED
VOTED
VOTED
VOTED
DATED:
MOTION:
APPROVED: DISAPPROVED:
Mayor Robert D. Conie
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By; Dated:
City Clerk
Z:\Work\M1MeridienVvieridian 15360M'Glacier Springy Sub AZA3.024 PP-03-028WZF1CI&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDMSION - (AZ-03-024)
PAGE 17 OF 17