HomeMy WebLinkAboutRazzberry Crossing AZ 03-034RE `JEI V E' D
FEB 12 11004
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Clerk OInce
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 11.31 ACRES
FOR PROPOSED RAZZBERRY
CROSSING SUBDIVISION,
LOCATED ON THE WEST SIDE OF
LOCUST GROVE ROAD, SOUTH
OF McMILLAN ROAD, MERIDIAN,
IDAHO
CARL AND BONNIE REITERMAN,
APPLICANT
C/C 02/03/04
Case No. AZ -03-034
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
Oil February 3, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Wayne Forret', Terri Ingram, Mile Ingram, Wyoma Ham,
Mary Thorne, and Rick McGraw, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 1 OF 19
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.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 11.31 acres in size and is located on the
west side of Locust Grove Road, south of McMillan 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 Carl and Bonnie Reiterman.
Applicants are the same as owners.
5. The property is presently zoned RUT.
6. The Applicant requests that 8.1 acres of the property be zoned as R-8 and 3.31
acres of the property be zoned as L -O.
The subject property is bordered to the north by Havasu Creek Subdivision (R-4),
to the south by Havasu Creek Subdivision (R-4), to the east by Havasu Creek Subdivision (R-4),
and to the west by single family residential zoned R-1 (Ada County).
The Applicant proposes to develop the subject property in the following manner:
as a Planned Development with 34 residential building lots, 4 professional office lots, and 6 other
lots.
9. The Applicant requests zoning of the subject real property as R-8 and L -O, which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 2 OF 19
designates the subject property as Mixed Use Neighborhood.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. Giving due consideration to the comments received from the
goverrnmental 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 Special Recommendations of the Planning and Zoning Commission as follows:
Delete second sentence of comment 1 on page 4.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
The legal description submitted with the application appears to meet the requirements of the
City of Meridian and State Tax Commission, however it describes the overall boundary of
the land to be annexed, not each individual zoning boundary. The applicant shall be required
to submit new legal descriptions that describe each of the two zones requested. Submit the
new legal descriptions to the Public Works Department for review prior to this application
being heard by the Meridian City Council.
C. Adopt the recommendations of the Ada County Highway District as follows:
A. Special Recommendation to the City of Meridian
Because the 1 -acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District can not require the applicant to construct sidewalk abutting that I -acre parcel
because it is not a part of the subdivision plat. The District does however recognize that
there are a number of schools in the area and that pedestrian safety is a concern.
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
on the out parcel; the face of the sidewalk would need to be located 28 -feet from the
centerline in the existing 33 -feet of right-of-way. If this additional sidewalk is
constructed, there will only remain approximately 170 -feet of frontage on Locust Grove
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 3 OF 19
in need of sidewalk in order to connect to Havasu Creek Subdivision,
B. Site Specific Conditions ofApproval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove Road, and
construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a
2 -feet within the new 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 5-1bot 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.
2. Construct West Star Lane, west of Locust Grove approximately 470 -feet west into the site
(or up to the westernmost commercial driveway on West Star Lane), as a 40 -foot street
section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot landscaping
strip within 54 -feet of right-of-way in accordance with district policy for commercial
roadways.
3. Construct West Star Lane, west of the last commercial driveway as a 29 -foot street
section with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as
proposed.
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods
Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk within 50 -feet
of right-of-way as proposed.
5. Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips abutting all
of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7. Comply with all Standard Conditions of Approval.
C. Standard Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 4 OF 1.9
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 constriction 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.
T 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 #198, 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 ACED 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 ACED right-of-way. The applicant
shall contact ACED Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 5 OF 19
1 1. 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.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. 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.
2. All roads internal fire lanes and entrances shall have a turning radius of 28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations of the Settler's Irrigation District as follows:
1 . All irrigation /'drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.I.D.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping, must
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. if the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre -
construction meeting.
According to the application, it is proposed that the subdivision will access a pressure
irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
specifications, and the developer of Havasu Creek is agreeable allow connection since SID as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION .AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 6 OF 19
not assumed ownership of the system to date.
F. Adopt the Recommendations of Central District Health Department as fol lows:
This proposal can be approved for central sewage & 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. 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
current 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 February 3, 2004 meeting as follows:
For clarification:
ACHD's special recommendation asked the City to require the developer to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part of
the annexation request, and is not part of the plat request, this parcel shall remain a
county property until such time as they want to develop it.
2. For the corresponding preliminary plat application, PP -03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residential development from the proposed
Light Office development. This may require a revised street section.
For the corresponding conditional use permit application, CUP -03-062, the Light
Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the necessary easements
and/or other written evidence of permission to install the curb, gutter and sidewalk
along Locust Grove Road, which would be on an out parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 7 OF 19
5. The applicant shall be required to provide 47 %z feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center of the street to allow better access for fire trucks in the subdivision.
12. It is found that the requested zoning designations of R-8 and L -O are harmonious with
and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which
designates the land to be "Mixed Use Neighborhood". The subject property is located at the northeru
edge of a Neighborhood Center designated on Meridian's Future Lane Use Map.
13. The area has been designated as a Mixed Use. Community area in Meridian's
Comprehensive Plan. These Comprehensive Plan designations in combination with the
Neighborhood Center designation on Meridian's Future Land Use Map 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.
14. 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 Mixed Use Neighborhood; the
proposed mixture of residential and light office uses is compatible with the Comprehensive Plan
designation. It is found that the proposed uses can be designed and constructed in a manner that will
be harmonious with and appropriate in appearance with the existing and intended character of the
surrounding area.
15. It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
16. It is found that the subject property can be served adequately by all essential public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 8 OF 19
facilities and services.
17. It is found that there will not be additional requirements at public cost and that the
zoning will not be detrimental to the community's economic welfare.
18. It is found that the proposed uses will create additional traffic, especially on Locust
Grove Road.
19. It is found that the proposed vehicular approaches on Locust Grove Road has the
potential to interfere with traffic on the surrounding streets. The previous application on this subject
property, Blooming Meadows, did not have a direct connection to Locust Grove Road. The lack ofn
connection to Locust Grove on the previous application was a point of concern for the Planni ng and
Zoning Commission.
20. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation and zoning request.
21. It is found that that annexation of this property would be in the best interest of the
City by increasing the variety of housing types available in Meridian and providing a light office
development in a Neighborhood Center.
22. 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. 11, 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.
23. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 9 OF 19
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, 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
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VI, Goal III, Objective A, Action 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 10 OF 19
The development's proposed open space area which will adjoin the open space area in
Havasu Creek meets the intent of this Comprehensive Plan Action.
5. The zoning of (R-8) Medium Density Residential and (L -O) Limited Office are
defined in the Zoning Ordinance at § 11-7-2 D as follows:
(R-8) Medium Density Residential District: The puiposc of the R -S 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
pen -nit 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.
im
(L -O) Limited Office District: The purpose of the L -O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L -O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 11 OF 19
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
andior 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 11.31 acres to
Medium Density Residential (R-8) and Limited Office (L -O) is granted subject to the terns and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 11.31 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de -annexation,
with the City of Meridian, which provides for the following conditions of development, to -wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Delete second sentence of comment 1 on page 4.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 12 OF 19
The legal description submitted with the application appears to ,meet the requirements of the
City of Meridian and State Tax Commission, however it describes the overall boundary of
the land to be annexed, not each individual zoning boundary. The applicant shall be required
to submit new legal descriptions that describe each of the two zones requested. Submit the
new legal descriptions to the Public Works Department for review prior to this application
being heard by the Meridian City Council.
C. Adopt the recommendations of the Ada County Highway District as follows:
A. Special Recommendation to the City ofMeridian
Because the 1 -acre parcel adjacent to the northeast corner of the site is an "out parcel,"
the District can not require the applicant to construct sidewalk abutting that I -acre parcel
because it is not a part of the subdivision plat. The District does however recognize that
there are a number of schools in the area and that pedestrian safety is a concern.
Therefore the District is making a special recommendation to the City of Meridian that
the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove
to connect to the sidewalk that is required to be constricted along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the sidewalk
Oil the out parcel; the face of the sidewalk would need to be located 28 -feet from the
centerline in the existing 33 -feet of right-of-way. if this additional sidewalk is
constructed, there will only remain approximately t70 -feet of frontage on Locust Grove
in need of sidewalk in order to connect to Havasu Creek Subdivision.
B. Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove Road, and
construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a
2 -feet within the new 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 property accommodate existing drainage and
utilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 13 OF 19
2. Construct West Star Lane, west of Locust Grove approximately 470 -feet west into the
site (or up to the westernmost commercial driveway on West Star Lane), as a 40 -foot
street section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot
landscaping strip within 54 -feet of right-of-way in accordance with district policy for
commercial roadways.
Construct West Star Lane, west of the last commercial driveway as a 29 -foot street
section with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as
proposed.
4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage
Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk
within 50 -feet of right-of-way as proposed.
5. Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips abutting
all of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7. Comply with all Standard Conditions of Approval.
C. 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 may be damaged
daring the construction of the proposed development. Contact Construction Services at
387-6280 (with file member) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 14 OF 19
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.
S. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) 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.
D. Adopt the recommendations of the Meridian Fire Department as follows:
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.
2. All roads internal fire lanes and entrances shall have a turning radius of 28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a in inimum width of
20' available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 15 OF 19
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations of the Settler's Irrigation District as follows:
1. All irrigation / drainage facilities along with their easements must be protected and continue
to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.I.D.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must
be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre -
construction meeting.
7. According to the application, it is proposed that the subdivision will access a pressure
irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID
has no objections to this proposal as long as the system is installed to our standards and
specifications, and the developer of Havasu Creek is agreeable allow connection since SID as
not assumed ownership of the system to date.
F. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & 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. Rum -off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 16 OF 19
The Engineers and architects involved with the design of the subject project shall obtain
current 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 February 3, 2004 meeting as follows:
For clarification:
ACHD's special recommendation asked the City to require the developer to put curb,
gutter, and sidewalk on the parcel, but because the proposed property was not part oI
the annexation request, and is not part of the plat request, this parcel shall remain a
county property until such time as they want to develop it.
2. For the corresponding preliminary plat application, PP -03-039, it shall be required
that prior to Final Plat submittal the applicant must receive approval from the
Meridian Fire Department for parking on one side of the proposed street sections
west of the landscape buffer dividing the residential development from the proposed
Light Office development. This may require a revised street section.
For the corresponding conditional use permit application, CUP -03-062, the Light
Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the necessary easements
and/or other written evidence of permission to install the curb, gutter and sidewalk
along Locust Grove Road, which would be on an out parcel.
The applicant shall be required to provide 47 %i feet for sheet frontage.
6. The Meridian Fire Department has required the removal of the landscape island in the
center of the street to allow better access for fire trucks in the subdivision.
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 (L -O) Limited Office District, and
Meridian City Code § 11-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 17 OF 19
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 TAKINGS 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.ludicial Review may be Fled.
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 17 v day of
2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 18 OF 19
VOTED �A—
VOTED
F^'
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 9—/7-0
MOTION:
APPROVED:
Attest:
Ilian3 G. Berg, Jr., City
DISAPPROVED:
Copy served upon Applicant, the Planning a
the City Attorney.
By Dated
City Clerk
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PP -03-039 CUP-03-062\AZFfCI
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING RAZZBERRY CROSSING SUBDIVISION
(AZ -03-034)
PAGE 19 OF 19