HomeMy WebLinkAboutCobblefield No.2 AZ 03-028BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 7.98 ACRES FOR
PROPOSED COBBLEFIELD
CROSSING SUBDIVISION N0.2,
LOCATED APPROXIMATELY'/
MILE EAST OF THE SOUTHEAST
INTERSECTION ON McMILLAN
ROAD AND CINDER ROAD, 1295
W. McMillan Road, MERIDIAN,
IDAHO
INITIAL POINT, LLC,
APPLICANT
Case No. AZ-03-028
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 February 24, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Rod Ralphs, Brian English, and Tonya Converse, 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 11-16-1.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 1 OF 18
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.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 7.98 acres in size and is located
approximately % mile east of the southeast intersection on McMillan Road and Linder Road,
1295 W. McMillan Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian
acid the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The owner of record of the subject property is Initial Point, LLC. Applicant is the
same as owner of record.
5. The property is presently zoned RUT.
6. The Applicant requests the property be zoned as R-8.
The subject property is bordered to the north by RUT, to the south by R-8, to the
east by RUT, and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner:
as a 401ot residential subdivision with 7 common 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 Low Density Residential.
10. There are no significant or scenic features of major importance that affect the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION N0.2
(AZ-03-028)
PAGE 2 OF 18
consideration of this application.
11. 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. Essential City services can be made available to the subject property.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Recommendations of ACHD as follows:
1. The applicant shall construct a 5-foot detached concrete sidewallc south of the Lamp Canal
within an easement provided to the District.
2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately
130-feet (to the centerline) east of the west property line, as proposed.
3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot
concrete sidewalk within 50-feet ofright-of--way, as proposed.
4. Construct a stub street (W. Adams Place) to extend to the west property line approximately
575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a
sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
Construct a stub street to extend to the east property line. Install a sign at the terminus of the
roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE".
6. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this are required on
the final plat.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 3 OF 18
7. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a
proposed island or median.
8. Other than the accesses that have been approved with this application, direct lot access to
McMillan Road is prohibited and shall be noted on the final plat.
9. 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 maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 4 OF 18
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) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they aze 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:
One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
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.
4. 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.
5. All roads shall have a fuming radius of 28' inside and 48' outside.
6. The court on the end of W. Adams Place shall have the curbs painted red from Lot 10 to
Lot 16.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. The lots adjacent to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 5 OF 18
knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and
shall have the curbs painted red.
D. Adopt the Recommendations 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.
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.
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.
E. Adopt the Recommendations of Settlers' Irrigation District as follows:
All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Coleman Lateral. The requested
easement is 30' (15' on either side from the center line of the lateral)
2. A Land Use Change Application must be on file prior to any approvals.
A license agreement MUST be signed and recorded prior to construction of any S.LD.
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 Settler's Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO. 2
(AZ-03-028)
PAGE 6 OF 18
F. Adopt the action of the City Council from their February 24, 2004 as follows:
For Clarification:
The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning
Department, and approval if the requirements of the Landscape Ordinance are met.
For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian
and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to
deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to
your property from the Settlers Canal. Settlers Irrigation District is requesting their cun•ent
irrigation schedule so that the District may include this information as part of an irrigation
schedule being developed by SID. SID believes that this will ease their concerns with
regards to irrigation and Cobblefield Subdivision.
3. The applicant shall provide an addifional notation on the Final Plat, and within the CC&R's
for the subdivision, the Right To Farm Act language.
4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage
flow into the Murdoch line source that feeds into the adjacent property (Buse property)
across the street. A letter of approval would need to be provided by either Mr. Buse or
Bridgetower for Settlers to agree with this solution. If this option does not work, then the
applicant shall pipe that area to help carry the water out to the same point where it was
draining originally.
5. The applicant has also worked with Settlers to make sure the control of the flow of water
coming off the headgate does get shut off.
6. The applicant shall continue to work with Settlers Irrigation District to resolve any water
issues.
7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and
Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers
hrigation District facilities after the subdivision is built.
12. It is found that the requested zoning designation of R-8 is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates
the land to be "Low Density Residential". The Comprehensive Plan allows the applicant to ask for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION N0.2
(AZ-03-028)
PAGE 7 OF 18
"one step up" from the Comprehensive Plan designation of "Low Density Residential".
13. The azea has been designated as a Low Density Residential area in Meridian's
Comprehensive Plan and is bordered to the south by a residential subdivision which is zoned R-8.
The Comprehensive Plan's allowance for the request of an upgrade in the density of the subject
property in combination with the neighboring R-8 residential subdivision (Cobblefield No. 1) makes
the proposed zoning of the property compatible with surrounding land uses and the City of
Meridian's plan for the development of the area. Two large subdivisions have recently been
approved in the subject azea: Baldwin Pazk has been approved to the south and Paramount has been
approved to the north.
14. It is found that the proposed uses are compatible with the existing and intended
chazacter of the area. The Comprehensive Plan designates the area as Low Density Residential; the
applicant is requesting a "step up" from the Comprehensive Plan designation of "Low Density
Residential". 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 azea.
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
facilities and services. Sewer and water lines will need to be extended by the developer from
existing mains installed in the Cobblefield Crossing Subdivision. All other public services and
facilities noted above appear to be adequate to serve this property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 8 OF 18
17. It is found that sanitary sewer and water service is readily available from existing
mains adjacent to the subject site. All other public services and facilities appear to be adequate to
service this property.
18. It is found that the proposed uses will create additional traffic, especially on McMillan
Road and Linder 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 surrounding area.
19. It is found that the proposed vehicular approaches on McMillan Road should not
appreciably interfere with traffic on the surrounding streets.
20. It is found that no natural or scenic features ofmajor importance exist on the subject
property and, subsequently, will not be lost or damaged by approval of this annexation request.
21. It is found that that annexation of this property would be in the best interest of the
City by providing a variety of housing types.
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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION N0.2
(AZ-03-028)
PAGE 9 OF 18
order to assure that the proposed use will not change the essential chazacter of the affected
svicinity 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, glaze 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 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
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 10 OF 18
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
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 of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
The applicant's request for annexation and zoning of approximately 7.98 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 11 OF 18
2. The application is for annexation and zoning of 7.98 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.
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:
C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Essential City services can be made available to the subject property.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-domestic
purposes such as landscape irrigation.
D. Adopt the Recommendations of ACHD as follows:
1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp
Canal within an easement provided to the District.
2. Construct the main entrance, North Zachary Way, to intersect McMillan Road
approximately 130-feet (to the centerline) east of the west property line, as proposed.
3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-
foot concrete sidewalk within 50-feet ofright-of--way, as proposed.
4. Construct a stub street (W. Adams Place) to extend to the west property line
approximately 575-feet (measured centerline to centerline) south of McMillan Road, as
proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE".
Construct a stub street to extend to the east property line. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO. 2
(AZ-03-028)
PAGE 12 OF 18
6. Any proposed landscape islands/medians within the public right-of--way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this are
required on the final plat.
Provide a minimum of 21-feet measured from back of curb to back of curb on either side
of a proposed island or median.
8. Other than the accesses that have been approved with this application, direct lot access to
McMillan Road is prohibited and shall be noted on the final plat.
9. 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 exisfing 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.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
wrifing 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 prepaze 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 13 OF 18
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 ACRD
Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the fime 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
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.
4. 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 tum around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. The court on the end of W. Adams Place shall have the curbs painted red from Lot 10 to
Lot 16.
7. Operafional fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO. 2
(AZ-03-028)
PAGE 14 OF 18
driving surface, available at all times, which is 20' wide. The lots adjacent to the
knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and
shall have the curbs painted red.
D. Adopt the Recommendations 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.
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.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stonnwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. All irrigation drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Coleman Lateral. The requested
easement is 30' (15' on either side from the center line of the lateral)
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 Settler's Irrigation District own, operate, and
maintain the pressure imgation system an agreement needs to be in place prior to the pre-
constructionmeeting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDP/ISION N0.2
(AZ-03-028)
PAGE 15 OF 18
F. Adopt the action of the City Council from their February 24, 2004 as follows:
For Clarification:
The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning
Department, and approval if the requirements of the Landscape Ordinance are met.
2. For the adjacent neighbors Allen and Tawnya Converse- 4550 N. Linder Road, and Brian and
Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39
Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to yourproperty
from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation
schedule so that the District may include this information as part of an irrigation schedule
being developed by SID. SID believes that this will ease their concerns with regards to
irrigation and Cobblefield Subdivision.
3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's
for the subdivision, the Right To Farm Act language.
4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage
flow into the Murdoch line source that feeds into the adjacent property (Buse property) across
the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower
for Settlers to agree with this solution. If this option does not work, then the applicant shall
pipe that area to help carry the water out to the same point where it was draining originally.
5. The applicant has also worked with Settlers to make sure the control of the flow of water
coming off the headgate does get shut off.
6. The applicant shall continue to work with Settlers Irrigation District to resolve any water
issues.
The adjacent property owners, Allen and Tawnya Converse-4550 N. Linder Road, and Brian
and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation
District facilities after the subdivision is built.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 16 OF 18
5. Subsequent to the passage of the Ordinance provided for in section 4 of this 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 § 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
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 ~.~h day of
/~l!/L(/jL , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
VOTED
VOTED~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 17 OF 18
COUNCILMAN CHARLIE ROUNTREE VOTED__~~
COUNCILMAN KEITH BIRD VOTED_~~~1--
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~~
DATED: ~- ~- O
MOTION:
APPROVED: DISAPPROVED:
Attest: ~`~ -9 ~~~i
~~ s~A~
~~
William G. Berg, Jr., City lerk ~%'9p 'Sr ~ ;t • ~ Q r'
Copy served upon Applicant, the Planning ~aiid ~oning~Ddpartment, Pub~ic~~~'~'-'~9'9lnpfhnent and
the City Attorney. '``~~;.~~.~`l ~ ;a~~i; '
C ~'_,',"Rp T~,
y: Dated: ' / ~ ~ w 5~~~ _
Ciry Clerk ? ~ ~,~
's 90 ~~r tst . ~A .r0
Z:1WorkMVbleridianVNeridian 153601vPCobblefield Crossing Sub No. 2 AZ-03-028 PP-03-033 COP-03'%(Y9,G~$'O(der.aoG~:
-~Iira1N!:;:~rt~'~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION N0.2
(AZ-03-028)
PAGE 18 OF 18