HomeMy WebLinkAboutSageland PD AZ 03-015RECEIVED
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January 9, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: QUASAR DEVELOPMENT !ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT
AGREEMENT !ORDINANCE & CERTIFICATION OF CLERK I SUMIVIARY ORDINANCE AND
SUMMARY ORDINANCE COVERLETTER / AZA3-015
Dear Will:
Please find enclosed the on~a1 of the FINDINGS (3F FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of January 6, 2004, and which are on
an upcomm Council agenda. I have also attached the original of the Development Agreement far the
owner(s) and~or developer(s) sl s. After the Council meeting, if Council approves the Findings of Fact and
Conclusions of Law for the ova matter, then the Findings will need to be attached to the Development
Agreement as Exhibit "B". After the Findings of Fact and Conchr$ions of Law and 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
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and the cover letter, which Summary Ordinance will need to be presented to the Council at the same
time the full annexation and zoning ordinance is preserved to Council for approval.
If you have any questions arise, please advise.
Very truly yo
W . F. Nichols
Z:\WorklATMetidian~M~idim 13360M15age1mdPlmmadDevelopment.4Z-03-015 PPA3A2p CUPA3-0361FFCLDEVAGMT ORDGetkLtr0109
BEFORE THE MERIDIAN CITY COUNCIL
C/C 09/23/03 -
Re-noticed due
to plat changes
C/C 10/14/03
C/C 10/21/03
C/C 10/28/03
C/C 11/12/03
C/C 11/25/03
C/C 12/09/03
C/C 12/16/03
C/C 01/06/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 9.8 ACRES FOR
PROPOSED SAGELAND PLANNED
UNIT DEVELOPMENT, LOCATED
AT THE NORTHEAST CORNER
OF SOUTH LOCUST GROVE
ROAD AND EAST VICTORY
ROAD, MERIDIAN, IDAHO
QUASAR DEVELOPMENT,
APPLICANT
Case No. AZ-03-015
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 hearing
on September 23, 2003, and then re-noticed to October 14, 2003, and continued until October 21,
2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, December
16, 2003 and January 6, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 1 OF 19
the Planning and Zoning Department, Brad Watson of the Public Works Department, Wayne
Forrey, Bruce Mills, and Lucian Tumaha, 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
1. 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-I.
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,
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 9.8acres in size and is located at the
northeast corner of South Locust Grove Road and East Victory Road, Meridian, Idaho, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
4. The owners of record of the subject property are Charles H. and Vickie A.
Richardson. Applicant is Quasar Development, LLC.
5. The property is presently zoned RUT and Rl (Ada County), and consists of vacant
land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 2 OF 19
Residential).
The subject property 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.
8. The Applicant proposes to develop the subject property in the following manner:
a 41 building lots with 9 other lots.
9. 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.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Matt Schultz expressed in his letter
dated August 15, 2003.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation.
2. A Development Agreement shall be required, the following shall be addressed in the
Development Agreement: pathway standards and fencing requirements for the Pathway and
micropaths.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 3 OF 19
B. Adopt the Recommendations of the ACHD as follows:
The Boazd of Commissioners authorizes the expenditure of available collected impact
fees for the purchase ofright-of--way dedicated by the applicant, with the applicant
constructing a sidewalk as described below. However, if funds cannot be secured, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) a total of 35-feet ofright-of--way from centerline (an
additional 10-feet of right-of--way) 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.
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of right-
of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete
sidewalk along Locust Grove 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 Locust Grove 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 Locust Grove Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west
of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet
north of Victory Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 4 OF 19
5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached
5-foot concrete sidewalk with parking on one side of the roadway within 50-feet of right-
of-way, as proposed. Parking will be restricted on one side of the roadway and adequate
signage will be required.
6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk
within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the
roadway and adequate signage will be required.
7: Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private road at the
northern property line of the proposed landscape buffer and install traffic bollards to
minimize the connection.
8. If the City of Meridian approves the private road, pave the private roadway a minimum of
20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West
Sagemoor Drive and install pavement tapers with 15-foot curb radii abutting the existing
roadway edge. Provide a plan showing how the private road grade meets the public road.
Street name and stop signs are required for the private road. Verification of the correct,
approved name of the road is required.
9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia
Place. Provide a minimum turning radius of 45-feet for the turnaround.
10. Victory Road and Locust Grove Road are classified roadways. Other than the access
points that are specifically approved with this application, direct lot access to Locust
Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are
required on the final plat.
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 5 OF 19
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 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 (spaze
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 6 OF 19
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1: The prof ect which comprised of single family dwellings will require afire-flow of 1,000 gallons per
minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a taming radius of 28' inside and 48' outside.
Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The District requires a Land Use Application to be filed for review prior to final platting for
PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral
courses along the east and north boundary. This easement must be protected and any
encroachment without a signed License Agreement and approved plan, before any
construction is started, is unacceptable. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the District must review drainage plans. The
developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Parks Department as follows:
Any proposed pathways must conform to the recommended pathway standards.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows:
The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the
Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the
intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved.
2. The developer shall be allowed a reduced rear setback of five feet but it shall only apply to
garages only.
13. It is found that the requested zoning designations, R-8, is harmonious with and in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 7 OF 19
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates
that the subject property should have a "Multi-Use" pathway running along the northern and eastern
edges of the subject property along the Eight Mile Lateral. Page 54 of the Comprehensive Plan
addresses the issue of pathways and states that they should be in compliance with the Parks and
Recreation Comprehensive Plan and that the pathway should be located "off street". The applicant
has indicated that they will construct a 10' asphalt multi-use pathway with five feet of gravel on both
sides of the pathway along the Eight Mile Lateral.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed single family residential subdivision would be allowed
within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned
Development.
16. It is found that the land to the north and east of the subject property has been
developed as residential subdivisions similar to the proposed subdivision. It is also found that the
requested zoning designation of R-8 is harmonious with the adjacent developments to the north and
east of the subject property and should be rezoned as requested. While the applicant has applied for
an R-8 zoning designation, the subject property is actually being developed at a density of four
dwelling units per acre.
17. It is found that the proposed use (single family residential) will not change the
existing (single family residential and rural residential) or intended character (medium density single
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 8 OF 19
family residential) of the azea.
18. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
19. It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. The Fire Department has made the following recommendations:
1) Provide parking on the proposed Sagemoor Lane and paint curbs of Sagemoor Lane
red. Provide Fire Department access to the South end of Sagemoor Lane via a swing gate; and
2) Meridian's Planned Development Ordinance requires private streets over 200' in
length to be 42' in width. The applicant will be required to revise the proposed private street so that
the street meets private street standards.
Review of the ACHD and Fire Department comments concerning this subdivision will
provide further information regarding public services and facilities.
20. It is found that there will not be excessive additional requirements at public cost for
public services and facilities and that the annexation and zoning will not be detrimental to the
community's economic welfare. The applicant will be responsible for extending water and sewer
facilities to the subject property and for constructing all roads within the proposed subdivision.
21. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would detrimental to the general welfare of the surrounding area.
It is recognized that the traffic and noise will increase upon build-out of the proposed
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 SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 9 OF 19
22. It is found that the subdivision's vehiculaz approaches off Victory Road and Locust
Grove Road will not cause significant interference on the surrounding public streets. Review of
ACHD comments concerning vehicular approaches and traffic generation will provide additional
information on this matter. ACHD recommends approval of the proposed subdivision as submitted.
23. The subject property is presently being used as pasture land. One single family
dwelling and several outbuildings are located on the subject property. The proposed subdivision will
not result in the loss or damage of scenic or natural features of significant importance. Any existing
trees lazger than 4" caliper that aze removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that services are available to the'site and that the inclusion of a pathway
that will become a part of Meridian's pathway system makes the annexation of this property in
the best interest of the City.
25. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 aze reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 10 OF 19
or future neighboring uses, particulazly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundazies and that said
property lies within the azea 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 following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and aze applicable to this Application:
Chapter VI, Goal III, Objective A, Action 3
Chapter VII, Goal V, Objective A, Action 4.
5. The zoning of (R-8) Medium Density Residential 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 11 OF 19
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of lazge homes into tow-family dwellings in well-established
neighborhoods of compazable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A ofthe 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 9.8 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 9.8 acres. The legal description shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 12 OF 19
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,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation.
2. A Development Agreement shall be required, the following shall be addressed in the
Development Agreement: pathway standazds and fencing requirements for the Pathway and
micropaths.
B. Adopt the Recommendations of the ACHD as follows:
1. The Boazd of Commissioners authorizes the expenditure of available collected impact
fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a
sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of
the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) a total of 35-feet ofright-of--way from centerline (an
additional 10-feet ofright-of--way) 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 13 OF 19
2. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of right-
of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete
sidewalk along Locust Grove 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 Locust Grove 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 Locust Grove Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
3, Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west
of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet
north of Victory Road, as proposed.
5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached
5-foot concrete sidewalk with parking on one side of the roadway within 50-feet ofright-of--way,
as proposed. Parking will be restricted on one side of the roadway and adequate signage will be
required.
6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk
within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway
and adequate signage will be required.
7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private road at the
northern property line of the proposed landscape buffer and install traffic bollards to minimize
the connection.
8. If the City of Meridian approves the private road, pave the private roadway a minimum of
20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West
Sagemoor Drive and install pavement tapers with 15-foot curb radii abutting the existing
roadway edge. Provide a plan showing how the private road grade meets the public road.
Street name and stop signs aze required for the private road. Verification of the correct,
approved name of the road is required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 14 OF 19
9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia
Place. Provide a minimum turning radius of 45-feet for the turnaround.
10. Victory Road and Locust Grove Road are classified roadways. Other than the access
points that are specifically approved with this application, direct lot access to Locust Grove Road
and Victory Road are prohibited. Notes of the lot access restrictions are required on the final
plat.
11. 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 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 uriless 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 ACHD shall repair existing utilities damaged by the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 15 OF 19
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) 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/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 the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows
The District requires a Land Use Application to be filed for review prior to final platting for
PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral
courses along the east and north boundary. This easement must be protected and any
encroachment without a signed License Agreement and approved plan, before any
construction is started, is unacceptable. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the District must review drainage plans. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 16 OF 19
developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Parks Department as follows:
1. Any proposed pathways must conform to the recommended pathway standards.
F. Adopt the action of the City Council taken, at their January 6, 2004 meeting as follows:
1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the
Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the
intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved.
2. The developer shall be allowed a reduced rear setback of five feet but it shall only apply to
garages only.
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-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 17 OF 19
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person 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.
/ h
By action of the City Council at its regular meeting held on the YJ f' day of
/GfycGt Ris ~ , 2004.
ROLL CALL
COUNCII.WOMAN TAMMY de WEERD
COUNCILMAN BILL NARY
COUNCILWOMAN CHERIE MCCANDLESS
COUNCILMAN KEITH BIRD
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~- P -
VOTED
VOTED~~
VOTED~fi~
VOTED__
VOTED ~
MOTION:
APPROVED: DISAPPROVED:
_~3,L D
Mayor Robert D. Come
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 18 OF 19
Attest:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 19 OF 19