HomeMy WebLinkAboutWoodside Creek RZ 03-010.~CFIVEI)
Gc(: 0 4 2003
Cicv Of Meridian
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAl~"t,`'~ Clerk Office
C/C 11/25/03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 4.47
ACRES FOR WOODSIDE CREEK
FROM R-4 TO R-8, LOCATED ON
THE WEST SIDE OF NORTH TEN
MILE, APPROXIMATELY HALF A
MILE SOUTH OF CHERRY LANE
(1115 NORTH TEN MILE ROAD),
MERIDIAN, IDAHO
WOODSIDE PROPERTIES, LLC,
Applicant.
Case No: RZ-03-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 4.47 acres having come
on for public hearing on November 25, 2003, at the hour of 7:00 o'clock p.m., and Council
having received the report of Wendy Kirkpatrick Planner II for the Planning and Zoning
Department, and Bruce Freckleton Engineering Technician III, and Anna Powell Planning
Director for the Planning and Zoning Department, Richard Cook, Ken Reeves, and William
Homan, appeared and testified, and the Council having received the record of this matter made
before the Planning and Zoning Commission, and having received their Recommendation to the
City Council, 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, Decision and
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 1 OF 20
FINDINGS OF FACT
1. The notice of public heazing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for November 25, 2003,
before the City Council, the first publication appearing and written notice having been mailed to
property owriers or purchasers of record within three hundred feet (300') of the external
boundazies of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the November 25, 2003, public heazing; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. 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.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 4.47 acres in size and is located on the west
side of Ten Mile Road, approximately half a mile south of Cherry Lane, Meridian, Idaho, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-S
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 2 OF 20
said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho,
Meridian, Idaho.
5. The owners of record of the subject property are Jeffrey A. Wood and
Christina M. Wood, and they have provided notarized consent for submission of the rezone and
preliminary plat applications.
6. The Applicant is Woodside Properties, LLC.
The property is presently zoned as R-4, and consists of asingle-family
residence.
The Applicant requests the property be rezoned to R-8.
9. The proposed site is bordered to the north by R-4, to the south by RUT, to
the east by R-4, and to the west by RUT.
10. The subject property is within the Area of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: as a residential subdivision.
13. The Applicant's requested rezoning 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.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 3 OF 20
City Code § 11-15-1 Ifor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The area will be served adequately by essential public. facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRE5 FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 4 OF 20
15.2 Staff conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
The proposed development meets the list of standazds found in MCC 11-15-
11.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
1. Ten Mile Road is listed as a project in the District's currently adopted Five
Yeaz Work Program and in the currently adopted CIP. As such, the applicant may
receive reimbursement for dedicated right-of--way from available impact fees. The
applicant shall dedicate 48-feet ofright-of--way from the centerline of Ten Mile
Road, if funds are available.
2. Provide a road trust deposit in the amount of $7,280.00 to be used for future
sidewalk construction along the applicant's frontage. **Due to the existing
mature trees along Ten Mile Road, the applicant may opt to construct a
meandering sidewalk on Ten Mile Road in lieu of a road trust deposit. The face
of sidewalk should not be located any closer than 41-feet from centerline, and an
easement should be provided for any sidewalk located outside of the right-of--way.
At the property lines the sidewalk should be constructed to match future sidewalk
improvements.
3. Extend Cliff Creek Street into the site at the south property line as proposed.
Construct Cliff Creek Street as a 29-foot street section within 42-feet of right-of-
way with curb, gutter and 5-foot wide concrete sidewalk. Sign one side of the
street for "NO PARKING". Provide written approval from the Meridian Fire
Department. At the applicant's discretion, sidewalk may be eliminated from the
street section around the island/drainage lot.
4. Direct lot or parcel access to Ten Mile Road is prohibited and shall be noted
on the final plat.
5. Comply with all Standazd Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 5 OF 20
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 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 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 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 hnpact 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRE5 FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 6 OF 20
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 a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of Meridian Fire Department as follows:
All roads shall have a turning radius of 28' inside and 48' outside.
2. Provide a fire flow per the International Fire Code, Appendix D; to service
the project. Fire hydrants shall be placed an average of 400' apart.
3. The entire portion of Block 2 will have to be signed "No Parking Fire
Lane".
D. Adopt the Recommendations of Joint School District No. 2 as follows:
1. The proposed pathway connecting to Chaparral Elementary School is
acceptable. Continue to coordinate any efforts with the District. All costs
of the pathway, including remodeling of the school's fence or unforeseen
conditions, shall be the responsibility of the Woodside Creek developer.
E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All storm drainage appears to be retained on site. This meets the District's
irrigation requirements.
3. All laterals and waste ways must be protected.
4. The developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRE5 FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 7 OF 20
F. Adopt the Recommendations of the Central District Health Department as
follows:
This proposal can be approved for central sewage and 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. The 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 cunent best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their November 25, 2003 meeting as
follows:
For clarification:
The applicant shall provide a 25' wide landscape buffer along the Ten
Mile Road frontage as required by MCC. However, pertaining to the area
of the existing home, the existing home shall be accessed from the interior
of the subdivision, and the applicant shall provide a 25' landscape buffer
around the home to comply with MCC.
2. The developer stated on the record at the November 25, 2003 meeting, that
he shall extend the pressurized irrigation line to the adjacent neighbor,
William Homan, living at 3265 West Pazk Creek Drive, to provide his
residence with pressurized irrigation, and that this pressurized irrigation
shall be at no charge to Mr. Homan, but shall be at the sole expense of the
developer. Additionally, Mr. Homan shall be responsible for costs of the
operation and maintenance of the pressurized irrigation system just the
same as if he were a homeowner within the Woodside Creek Subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 8 OF 20
16. It is found that the requested zoning designation of R-8 is harmonious with
and in accordance with the effective Comprehensive Plan (02') and Future Land Use Map which
designates the subject property as Medium Density Residential (3 to 8 dwelling units per acre).
The project has a gross density of 3.25 dwelling units per acre.
17. It is not anticipated that the applicant intends to rezone the subject property
again in the future.
18. It is found that the proposed single-family residential development will be a
permitted use within the requested R-8 zone.
19. It is found that the land to the east and north has already been developed in a
manner similar to the proposed subdivision. The surrounding residential subdivisions are zoned
R-4. The applicant is proposing density of 3.5 units per acre, building lots will range in size from
6,500 square feet to 10,724 square feet.
20. 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. The
proposed changes to the existing character of the area are in harmony with the intended future
land use envisioned by the Comprehensive Plan.
21. It is not anticipated that the proposed residential use will not be hazardous or
disturbing to existing or future neighbors, as long as the recommended conditions of approval are
complied with.
22. It is found that the property to annexed can be served adequately by all
essential public services and facilities. The subject property is served by an existing public road
(Wane Street) which stubs to the subject property from Berkeley Square Subdivision. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-S
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 9 OF 20
subdivision is infill development and will not take direct access from Ten Mile Road. City sewer
and water will be extended by the developer to the subject property. Review of ACHD and the
Fire Department's comments will provide further information regarding public services.
23. 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. Review of number 22 directly above will provide additional information on this matter.
24. 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 area. It is
recognized that 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.
25. It is found that the subdivision's vehicular approach located within the
previously approved Berkeley Square Subdivision will not create interference with traffic on
surrounding roads. Review of the ACHD report will provide comments concerning vehicular
approaches and traffic generation.
26. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval of this rezone. The existing home on the subject property will be
maintained. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance.
27. It is also found that the zoning amendment would be in the best interest of the
City. The proposed residential subdivision meets the intent of Meridian's Comprehensive Plan
and is compatible with surrounding land uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ANDDECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSD)E PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 10 OF 20
CONCLUSIONS OF LAW
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. 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.
3. The requested zoning of Medium Density Residential District, (R-8) is defined in
the Zoning Ordinance at 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has
or is likely to occur in accord with the Comprehensive Plan of the City and is also
designed to permit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the Municipal water
and sewer systems of the City is required.
4. Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particulaz consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-6511A provides:
Each governing boazd may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 11 OF 20
concerning the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
§ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundazies of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries aze indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundazies are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries aze so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. § 11-15-11 of the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 12 OF 20
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular-approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 13 OF 20
DECISION AND ORDER
NOW, THEREFORE,' BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 4.47 acres as asingle-family
residential subdivision, subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1. The proposed development meets the list of standards found in MCC 11-
15-11.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Ten Mile Road is listed as a project in the District's currently adopted Five
Year Work Program and in the currently adopted CIP. As such, the applicant may
receive reimbursement for dedicated right-of--way from available impact fees. The
applicant shall dedicate 48-feet ofright-of--way from the centerline of Ten Mile
Road, if funds are available.
2. Provide a road trust deposit in the amount of $7,280.00 to be used for
future sidewalk construction along the applicant's frontage. * *Due to the
existing mature trees along Ten Mile Road, the applicant may opt to construct a
meandering sidewalk on Ten Mile Road in lieu of a road trust deposit. The face
of sidewalk should not be located any closer than 41-feet from centerline, and an
easement should be provided for any sidewalk located outside of the right-of--way.
At the property lines the sidewalk should be constructed to match future sidewalk
improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-S
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 14 OF 20
3. Extend Cliff Creek Street into the site at the south property line as
proposed. Construct Cliff Creek Street as a 29-foot street section within 42-feet
ofright-of--way with curb, gutter and 5-foot wide concrete sidewalk. Sign one
side of the street for "NO PARKING". Provide written approval from the
Meridian Fire Department. At the applicant's discretion, sidewalk maybe
eliminated from the street section around the island/drainage lot.
4. Direct lot or parcel access to Ten Mile Road is prohibited and shall be
noted on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that 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 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 15 OF 20
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 3 87-6190 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, 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 a
waiver/variance of said requirements or other legal relief is granted pursuant to the
law in effect at the time the change in use is sought.
C. Adopt the Recommendations of Meridian Fire Department as follows:
All roads shall have a turning radius of 28' inside and 48' outside.
2. Provide a fire flow per the International Fire Code, Appendix D, to service
the project. Fire hydrants shall be placed an average of 400' apart.
3. The entire portion of Block 2 will have to be signed "No Parking Fire
Lane".
D. Adopt the Recommendations of Joint School District No. 2 as follows:
The proposed pathway connecting to Chaparral Elementary School is
acceptable. Continue to coordinate any efforts with the District. All costs
of the pathway, including remodeling of the school's fence or unforeseen
conditions, shall be the responsibility of the Woodside Creek developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 16 OF 20
E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
Applicant shall apply for a land use change/site application.
2. All storm drainage appears to be retained on site. This meets the District's
irrigation requirements.
3. All laterals and waste ways must be protected.
4. The developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of the Central District Health Department as
follows:
This proposal can be approved for central sewage and 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.
Run-off is not to create a mosquito breeding problem.
4. The 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 azchitects involved with the design of the subject
project shall obtain current best management practices for stonnwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
G. Adopt the action of the City Council taken at their November 25, 2003 meeting as
follows:
For clarification:
1. The applicant shall provide a 25' wide landscape buffer along the Ten
Mile Road frontage as required by MCC. However, pertaining to the area
of the existing home, the existing home shall be accessed from the interior
of the subdivision, and the applicant shall provide a 25' landscape buffer
around the home to comply with MCC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 17 OF 20
2. The developer stated on the record at the November 25, 2003 meeting, that
he shall extend the pressurized irrigation line to the adjacent neighbor,
William Homan, living at 3265 West Park Creek Drive, to provide his
residence with pressurized irrigation, and that this pressurized irrigation
shall be at no charge to Mr. Homan, but shall be at the sole expense of the
developer. Additionally, Mr. Homan shall be responsible for costs of the
operation and maintenance of the pressurized irrigation system just the
same as if he were a homeowner within the Woodside Creek Subdivision.
The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (R-8) Medium Density Residential District (Meridian City Code §
11-7-2 D) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning 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 fmal 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 18 OF 20
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 being a person who has an
interest in real property which may be adversely affected by this decision 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 CQfn~ ~ , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~2~ 9'e3
MOTION:
APPROVED:
Attest:
DISAPPROVED:
VOTED~~
VOTED l/-eCL
VOTED
VOTED
VOTED
G oR t..
William G. Berg, Jr., Citj'Clerk 9 ~~ c
FINDINGS OF FACT AND CONCLUSIt~I~ GS ~ e~Q' ``~
AND DECISION AND ORDER OF APPR(~J~~i'®)~ry-[`S . `~~~~`~
REZONING OF 4.47 ACRES FROM R-4 TO IY~S'ynyoy;,;H~°~
BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 19 OF 20
Copy served upon Applicant, the Planning and Zoning Department, Public Works
and the City Attorney.
By; .t~-~ Dated: (2
City Clerk
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AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.47 ACRES FROM R-4 TO R-8
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BY: WOODSIDE PROPERTIES, LLC FOR WOODSIDE CREEK / (RZ-03-010)
PAGE 20 OF 20