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HomeMy WebLinkAboutSigned Findings AZ 03-024BEFORE 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 Case No. AZ-03-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY DEVELOPMENT, INC., APPLICANT The above entitled annexation and zoning application having come on for public hearing on November 12, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clazk 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 SUBDIVISION - (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. 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 pazcel 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 properly 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 Mazlene Shay and Matt and Aneke Binford in their letter to Steve Arnold dated 10/09/2003, and the Meridian Greens Homeowners Associatiori letter of Cazla 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 Recormendations of the Planning and Zoning Commission as follows: Applicant must enter into a Development Agreement with the City of Meridian restricting the minimum home squaze footages to 2,000 square feet for asingle-level home or for a two-level home (not including the gazage), with an 8,000 squaze 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 Snecifc Conditions ofAnaroval 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 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 neaz edge of the public right-of- way). 3. 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 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 standazd residential cul-de-sacs without center islands. Provide a minimum turning~radius of 45-feet. 7. Construct one non-standazd 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 ofApnroval 1. 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 SUBDMSION - (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. 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 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. 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 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- 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 ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 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 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: 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: 1. 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 SUBDNISION - (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 pazcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The proj ect 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% of the plat area). There are 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 subj ect 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 aze currently proposed on the east side of the subject properly 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 hazardous or disturbing to future or existing neighbors, however, it is deemed that R-4 zoning would be more compatible with the neighboring Meridian Crreens and Observation Pointe Subdivisions, as long as the recommended conditions of approval are 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 detrimental to the general welfare of the surrounding azea. 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 welfaze 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 vehiculaz approaches off of Victory Road 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 appeazance with the existing, or intended chazacter 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 hazazdous or disturbing to the existing, or future neighboring uses, particularly 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 SUBDMSION - (AZ-03-024) PAGE 9 OF 17 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of (R-4) Low Density Residential District is defined in the Zoning Ordinance at,§ I1-7-2 C as follows: (R-4) 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). 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. 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: 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 parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. 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 aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Annroval 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 ofthe west property line (measured from property line to near edge of the publicright-of--way). 3. 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 of right-of--way, as proposed. 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 sidewallc within 42-feet ofright-of--way, as proposed. 6. Construct two standazd residential cul-de-sacs without center islands. Provide a minimum turning radius of 45-feet. Construct one non-standazd residential cul-de-sac without a center island. Submit a design of the non-standard tumazound for review and approval by District Development Division staff. Comply with all Standard Conditions of Approval. Standard Conditions ofApnrovad 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 at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five yeazs old aze 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 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 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 13 OF 17 occupancy. 8. Payment of applicable mad 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 ACRD 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: 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. 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 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 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. 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 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 staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 15 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 fmal 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 2~~' day of w~dt"'~„!~i'i .2003. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS 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 VOTED~~ VOTED~C'iC,- VOTED ~G ~~n~ VOTED-P a-- VOTED DATED: ! ~~ 2 ~' ©~ MOTION: Attest: G. Berg, Jr., City DISAPPROVED: o~ .~ C)' i SEAL 1~~ 9Q9 ~^ST isz , t <rrrr~ y ct°~lli~t cL Copy served upon Applicant, the Plann~tg~~ipg?~epa`itment, Public WQ~1,~~,Ar~~3rartment and rrrnn r.rn~ ~ ~ ~` ~ the City Attorney. °r ` ~ ~ ~~y OF MER,~9,,,. ~. ~ r~ !_ G ~oFwataT 'L '. City Clerk = SEAL = T~ ^7 Z:\Work\M1MeridienVvleridimr 15360M1GIacier Springs Sub AZ•03-024 PP-03-02841ZFtCl&Order.dyc ~~ ~ %, 90 UST 1ST • ~ ~~~ - ~rrn+ni ! rrn~"~ 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