HomeMy WebLinkAboutSoda Springs Sub AZ 03-023RECEIVED
FEB 0 4 2004
City Of Meridian.
City Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12/09/03
GC 01/06/04
Revised per C1C 0027/04
1N THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND 7_ONING OF l l ACRES FOR
PROPOSED SODA SPRINGS
SUBllIVISION, LOCATED AT 2310
AND 2384 EAST VICTORY ROAD,
MERIDIAN, IDAHO
JLJ ENTERPRISES, 1NC.,
APPLICANT
Case No. AZ-03-023
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 hcarin~
on December 9, 2003 and continued until January 6, 2004, at the hour of 7:00 p.m., and Anna
Powell Planning Director for the Planning and Zoning Department, Brad 1Vatson of the Public
Works Department, Fire Chief Kenny Bowers, Meridian Police Chief Bill Musser, Jane Suggs,
Lucien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey Clingier, Louise God'by, Nancy
Hansen, Gene Buckland, Tim Jewett, Michelle Buekland, Norm Wright, Donald Ferguson, and
Bruce Mills, 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 AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 1 OF 19
FINDINGS OF FACT
There has been compliance with al] notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ ll-15-5 and 11-16-I.
2. The City Council takes judicial notice ofits zoning, subdivision and development
ordinances codified at Titles 11 and ]2, Meridian City Code, and all current zoningmaps thereof
and the Amended Comprehensive Plan of the City of Meridian adopted AugusC C, 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 11 acres in size and is located at 2310
and 2384 East Victory Road ,Meridian, Idaho, all within the Area of Impact of the City of
Meridian anal the Meridian Urban Service Plaiming Area as defined in the Meridian
Comprehensive Plan.
4. The owners of record of the subject property are Charles Creech and Clayton
Record. Applicant is.1L,i Enterprises.
5. The property is presently zoned RUT and consists of two single family homes.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
The subject property is bordered to the north by R-4, to the south by RUT, to (he
east by RUT and R-4, and to the west by R-4.
The Applicant proposes to develop the subject property in the following manner:
as a residential subdivision.
FINDINGS OF FAC1" AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 2 OF 19
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.
] 1. The City Council recognizes Che concen~s of Marvin and Nancy Hansen
expressed in their letter dated October 2, 2003. The City Council also recognizes the Petition
dated: RECEIVED SEP 25 2003 City of Meridian City Clerk Office, and which has been entered
into public record, by the homeowners of Sherbrooke Hollows Subdivision, and the objection to
the house sizes for Soda Springs in a letter trom Andy C Doll dated September 23, 2003.
Additionally, the narrative from Steven K. Harding dated: RECENED DEC 02 2003 City of
Meridian City Clerlc Office has also been entered into public record in this matter.
12. Giving due consideration to the comments received from the
govenunental subdivisions providing services in the City of Meridian planningjurisdiction,
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. Wells may be used For non-domestic
purposes such as landscape irrigation.
?. A Development Agreement will be required as part of this annexation request.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 3 OF 19
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
1. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2 All roads shall have a turning radius of 28' inside and 48' outside.
3. A minimum of two points of access will be required for aoy portion of the project, which
serves more than 50 homes. The emergency access road wi Il require either a 20' wide swing
gate or bollards, and if bollards are used then the Meridian Fire Department evill recd to
approve of them, The location on Block ]Lot 18 is approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the project Firc
hydrants shall be placed an average of 400' apart.
C. Adopt the Recoiwnendations of Central District Health Department as follows:
This proposal can be approved for central sewage & central water after written approval from
appropriate entities is submitted.
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~ Stonnwater shall be pretreated through a grassy Swale prior to discharge to Che subsurface to
prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject projecP shall obtain
current best management practices for stormwater disposal and design a stonmwater
management system that prevents groundwater and surface water degradation.
D. Adopt the Recommendations ofthe Ada County Highway District as follows:
Site Specific Conditions of Approval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-02;)
PAGE 4 OF 19
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewall< 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.
'-. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property ]iue.
3. Construct Gunnel] Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of--way.
4. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter srl~ip within 42-feet of
right-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with cw~b, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-toot gravel shoulder on
the east side of the roadwaywith a minimum of 24-feet of pavement within a minimum
of 35-feet ofright-of--way, as proposed.
6• Construct two l6-foot wide alleys within the subdivision located perpendicular to Tigert
Street and McPherson between Condo Avenue and Gunnell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys Co have aback-of--curb
radius of i 5-feet at all intersections and pave the alleys their entire width of 16-feet. Airy
driveways that are proposed to access an alley shall be located a minimum of 25-feet from
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side of the alley shall be 22-feet.
7. Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Condo Avenue, as proposed.
8- Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect \~'ictory Road
approximately 10-feet west of the east property line and extend to the north to intersect
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 5 OF 19
Tigert Street, as proposed. Install traffic bollards within the emergency access to
minimize the connection.
10. Other than the access points that have specifically been approved with this application,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
1 1. 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.
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 mtmber) for details.
~. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District Contact the Districts Utility Coordinator at 387-6258 (with file
cumbers) 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.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval far
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also lrnown 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
FNDiNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND 7.ONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 6 OF 19
applicant. The applicant shall be required to call DIGLINE (1-800-342-1580 at feast twc
full business days prior to breaking ground within ACHD right-of=way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confimration 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 ofits intent fo change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is gr~uited pursuant to the law in effect at the time the change in use is sought.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
] . A Land Use Change Application is required by the District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
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.
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Cotmcil taken at their January 6, 2004 meeting as follows:
For clarification:
The Applicant shall increase the entry street width to 36'. By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
11' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed the
proposed street layout and found that anetwork ofone-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to
construct a 36' street section, with parking allowed on both sides, within a 50' right-ot-way.
(Per ACHD's letter dated January 5, 2004.)
FINDINGS OF FACT AND CONCLUSION5 OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 7 OF 19
2. The Applicant shall revise the street layout on the east side of the subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built ou the lots that back ttp to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunlc and beyond in the ftiCUre. Ultimately, the sewer shall be diverted to the
fuCure Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
13. It is found that the requested zoning designations, R-8, is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which desig~~ales
the land to be "Medium Density ResidentiaP°.
14. The area has been designated as a Medium Density Residential area in Meridian's
Comprehensive Plan and is surrounded to the north, east, and west by residential subdivisions. The
Comprehensive Plan designation in combination with the neighboring residential subdivisions make
the proposed zoning of the property compatible with surrounding land uses and the City of
Meridian's plan for the development of the area.
15. It is found that the proposed uses are compatible with the existing and intended
character of the area_ The Comprehensive Plan designates the area as Medimm Density Residential;
FINDINGS OP FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 8 OF 19
the residential subdivision and R-8 zoning designation are compatible with the Comprehensive Plan
designation. It is found that the proposed uses can be designed and constructed in a manner that wi I I
be harmonious with and appropriate in appearance with the existing anal intended character of the
surrounding area.
16. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
17. It is found that the subject property can be served adequately by all essential public
facilities and services. Sewer and water lines will need to be exten~'ded by the developer from mains
in Victory and Locust Grove Roads. All other public services and facilities appear to be adequate to
serve this property such as highways, streets, police and fire protection, draiuaQe~ sh~uctures, refuse
disposal.
18. It is found that sanitary sewer and water mains service is readily available from
existing mains adjacent to the subject site. All other public services and facilities noted in Finding
i`Iumber 17 above appear to be adequate to service this property.
19. It is found that the proposed uses will create additional traffic, especially on Victory
Road. However, it is not believed that the increase in traffic will be excessive. It is not anticipated
that the proposed development will generate traffic, noise, smoke, odors or other nuisances that
would be detrimental to the general welfare of the sui~'ounding area.
20. It i s found t hat the p roposed v ehicular approaches o ^ Victory Road should not
appreciably interfere with traffic on the surrounding streets. The Ada County Highway Disn-ict has
recommended that access to the subdivision off of Victory Road be moved to Gumlell Avenue from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 9 OF 19
Conda Avenue. The proposed access off of Conda Avenue is closer than 300' to an existing access
road off of Victory found in the Sherbrooke Hollows Subdivision.
21. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request The subject property currently has two single
family dwellings and several outbuildings.
22. It is found that that am~exation of this property would be in the best interest of the
City by providing a variety of housing types, and an innovative subdivision layout.
23. 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.
24. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is hain~onious
u~d 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 Co the existing,
or future neighboring uses, particularly considering the impact of proposed development on
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW'
.AND DECISION .AND ORDER GRANTING .APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AL-03-023)
PAGE 10 OF 19
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
.Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
The City ofMeridian has exercised its authority and responsibility as provided by
"Local Land Use Plaiming 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.
The zoning of (R-S) 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 pennif
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 tow-family dwellings in well-established
neighborhoods of comparable 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXA110N AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 11 OF 19
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d ] 075 (] 983).
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 I 1 acres to
tVledium 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 11 acres. The legal description shat I
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 shat] be required to meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
F'OR ANNEXATION AND ZONING SODA SPRINGS SUBDCVISION
(AZ-03-023)
PAGE 12 OF 19
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 Plaiming & Zoning DeparUnent as follows:
Remove any existing domestic wells and/or septic systems witlvn this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic.
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B. Adopt the Recommendations ofthe'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. The phasing plan may require that any roadway greater than 1~0' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a turning radius of 28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project, which
serves mare than 50 homes. The emergency access road will require either a 20' wide swing
gate or bollards, and if bollards are used then the Meridian Fire Department will need to
approve of them. The location on Block 1 Lot 18 is approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
C. Adopt the Recommendations of Cenh'al Dish'ict Health Department as follows:
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Enviromnental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 13 OF 19
to prevent mipact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
cun-ent best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
The applicant shall do one of the following
a. Dedicate bydonation atotal of35-feet ofright-of--way from centerline along VictoryRoad,
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 fi-oiu 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 conereic
sidewall< 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 the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of--way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on
the east side of the roadway with a minimum of 24-feet of pavement within a minimum
of 35-feet of right-of-way, as proposed.
6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(r1Z-03-023)
PAGE 14 OF 19
Street and McPherson between Conda Avenue and Gunnell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have aback-of--curb
radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any
driveways that are proposed to access an alley shall be located a minimum of 25-feet from
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side of the alley shall be 22-feet.
Construct one knuckle without a center island located in the northwest comer of
McPherson Street and Conda Avenue, as proposed.
Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
Constrict a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to intersect
Tigert Street, as proposed. histall traffic bollards within the emergency access to
minimize the connection.
10. Other than the access points that have specifically been approved with this application,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
I ] . 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 Uorne by the developer.
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 Fle
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
FINDINGS OF FACT' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-U3-023)
PAGE 1 i OF 19
engineer registered in the State of Ldaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
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. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACRD righC-of--way. The applicant
shall contact ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare
or f lled) are compromised during any phase of construction.
] 0. 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 F[ighway
District.
1 l . Any change by the applicant in the plaimed 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 propertyunless 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.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
A Land Use Change Application is required by the District before comment or approvat can
be made on the CUP, and the Application must also be reviewed on the PP 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.
.FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 16 OF 19
The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows:
For clarification:
The Applicant shall increase the entry street width-to 36'. By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
11' instead of lY to additionally accommodate the 36' street width. (ACHD rcvicwed the
proposed street layout and found drat anetwork ofone-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACRD is allowing the Applicant to
construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way.
(Per ACHD's letter dated January 5, 2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square Foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,70 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
The sanitary sewer connection shall be directly westward on Victory Road to the lamer Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted Co the
firture Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DEC[SION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 17 OF l9
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 staffofthe Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § l 1-21-] 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
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.
~~
By action of the City Council at its regular meeting held on the Z 7 day of
~~'"e.°r"_'~ , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED~'~
FIND[NGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 18 OF 19
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ~- Z ?~ ~~
MOTION:
APPROVED: DISAPPROVED:
Attesr.
G~ \~Gp4tPmR,gTFO
VOTED
VOTED_~
VOTED~~-
VOTED
Wllllam G. Berg, Jr., City Cle ~~`--.~~~ ~~
Copy served upon Applicant, the Planning and'Z,oniie~~~l~ent Public Works ~~i"I~i'""lf'~n~
the City Attorney. ~ ~ ~ \^\~`~~~~'~ OF ~R/~~9/~~~'~.
U \2GpFtPORgT~O ~' ':
BY~ ~ . Dated:1- ~ - ~ ~ - SEAL
City Clerk = ~ c
T~ O
1°' 0 ..
Z:\44'ork\M\Meridian\Meridian 15360M\Soda Springs Sub AZ-03-023 PP-03-027 CUP-03-043\AZFICI&Ordcr.duc'~ 9O ~T 7$'(• ~` ~``
9
~~ ,.~.
";:.._,~I 1;;;;,.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXA"PION :1ND ZONING SODA SPRINGS SUBDIVISION
IAZ-~?-~~3)
PAGE 19 OF 19