HomeMy WebLinkAboutJaydan Village Subdivision AZ-04-003
BEFORE THE MERIDIAN CITY COUNCIL
C/C OS/25/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 16.73 ACRES )
FROM RUT TO R-8 ZONE FOR )
PROPOSED JA YDAN VILLAGE )
SUBDIVISION, LOCATED ON THE)
SOUTH SIDE OF USTICK ROAD, )
APPROXIMA TEL Y % MILE WEST)
OF BLACK CAT ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-O4-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
PACKARD ESTATES, LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 25, 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, Kent Brown, Kathleen Denney, and Brad Watson, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JAYDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 1 OF 12
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 16.73 acres in size and is located on the
south side of Us tick Road, approximately % mile west of Black Cat 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. A second revised plat was submitted by the
applicant to address issues raised in the original staff report. The new plat has a revised date of
3/23/04 and was transmitted by the Clerk's office on 4/5/04.
4.
The owner of record of the subject property is BEG Land Holdings, Inc., and
Craig Groves has submitted notarized consent on behalf of BEG Land Holdings, Inc. for the
subject application. Applicant is Packard Estates, LLC.
5.
The property is presently zoned RUT (Ada County) and consists of agricultural
land and a rural residence.
6.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7.
The subject property is bordered to the north by RUT, to the south by R-4, to the
east by R-4, and to the west by RUT.
8.
The Applicant proposes to develop the subject property in the following manner:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE2 OF 12
A residential neighborhood planned development.
9.
The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates
the subject property as Medium Density Residential/Mixed-Use Community.
10.
There are significant existing trees that affect the consideration of this application.
11.
Giving due consideration to the comments received ITom 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 Fire Department as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' ¡¡part. International Fire Code Appendix D.
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a.
Fire hydrants shall have the 4 1/2" outlet face the main street or parking lot
aisle.
The fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
Fire hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
b.
c.
d.
e.
f.
3.
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 an approved turn around.
4.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
5.
Operational fire hydrants and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 3 OF 12
combustible construction begins.
6.
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. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
B.
Adopt the Recommendations of the Parks Department as follows:
1.
Standard for Mitigation of Trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
C.
Adopt the Recommendations of the Ada County Highway District (ACHD) per their March
9, 2004 report, which lists site-specific requirements, conditions of approval, and street
improvements, which are required.
D.
The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat - PP-04-002, and Conditional Use
Permit - CUP-04-004.
12.
It is found that the requested zoning designation ofR-8 is harmonious with and in
accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed
single family residential project is shown as Medium Density Residential (3 to 8 d.u./acre). The
proposed density - 4.36 d.u./acre gross and 5.79 d.u./acre net is within the range designed by the
Comprehensive Plan. The northwest comer of the property is in the edge of a planned Neighborhood
Center, which will likely be around 8 d.u./acre. The subject property is a logical transition zone ITom
the lower densities of Autumn Faire Subdivision to the higher density of the future Neighborhood
Center.
13.
It is not anticipated that the applicant intends to rezone the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE4 OF 12
future.
14.
It is found that the proposed single-family development would be allowed within the
requested R-8 zone.
15.
It is found that the land to the south and east has been developed with single-family
residential lots in Autumn Faire Subdivision. Autumn Faire has a gross density of3.35 d.u./acre
and a net densityof4.92 d.u./acre. The proposed density-4.36 d.u./acre gross and 5.79 d.u./acrenet
- is slightly higher, but in the same range for a medium density project. ACHD has reviewed the
adjacent street capacity and has approved the proposed subdivision with conditions.
16.
It is found that the proposed use (single-family residential) will change the existing
character of the area, which is currently agricultural. However, the change is harmonious with the
adjacent use and the intended character envisioned by the Comprehensive Plan.
17.
It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors, as long as landscaping, fencing and other recommended conditions
are exercised.
18.
It is found that the subject property to be annexed may be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. The major concerns of the Police Department, Fire Department, and ACHD
have been addressed in the revised plat.
19.
The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE 5 OF 12
police services. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
20.
It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. Using
ACHD's formula of 10 vehicle trips per single family residential lot, the project is anticipated to
generate up to 750 additional vehicle trips per day. The fact is recognized that traffic and noise will
increase with this approval, however, it is not felt that the amount generated will be detrimental to
the public welfare of the city.
21.
The proposed access to the subdivision ITom Ustick Road has been approved by
ACHD, as follows: Construct North Christian Avenue to intersect Ustick Road approximately 170-
feet east of the west property, as proposed." It is not anticipated that the subdivision will cause
significant interference with traffic on the surrounding public streets.
22.
It is found that several existing mature trees will be removed to accommodate the
proposed roads. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the City
Arborist, Elroy Huff, mitigation will not be required for those trees. It is recommended that the
applicant verify the status of the existing trees prior to submitting final plat and detailing any
required mitigation on the detailed landscape plan submitted with the final plat.
23.
It is found that that annexation of this property would be in the best interest of the
City. The project is consistent with the Comprehensive Plan and the applicant has taken necessary
steps to annex only the portion of land that is sewerable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-O4-003)
PAGE 6 OF 12
24.
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. II, 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.
25.
It is also found that the development considerations as referenced in Finding No.
II 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
order to assure that the proposed use will not change the essential character 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, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 7 OF 12
"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 project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Application.
5.
The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
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 ofland. See Burt vs. The Citv ofIdaho 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JAYDAN VILLAGE SUBDIVISION
(AZ-O4-003)
PAGE 8 OF 12
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 16.73 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 16.73 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set. forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D.
2. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire hydrants shall have the 4112" outlet face the main street or parking lot aisle.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire hydrants shall be placed on comers.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-O4-003)
PAGE 9 OF 12
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. 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 an approved turn around.
4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. 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. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
B.
Adopt the Recommendations of the Parks Department as follows:
1.
Standard for Mitigation of Trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
c.
Adopt the Recommendations of the Ada County Highway District (ACHD) per their March
9, 2004 report, which lists site-specific requirements, conditions of approval, and street
improvements, which are required.
D.
The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat - PP-04-002, and Conditional Use
Permit - CUP-04-004.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 10 OF 12
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 T AKlNGS 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 may be filed.
Please take notice that this is a fmal action of the governing body ofthe 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
t2..¡:Á
0 - day of
d Ú/hL
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED #-a.-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JAYDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE 11 OF 12
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 6 - 9-01-
-
VOTED
MOTION:
APPROVED:----þ- DISAPPROVED:-
Attest:
By: ~ J¥,OO fR.)
CIty Clerk's Office
Dated:
lÞ .18 -04¡-
Z:\Work\M\MeridianlMeridian IS360MIJaydan Village Subdivision AZ-04-003 PP-O4-002 CUP-O4-004\AZFfCl&Order.doo
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE 12 OF 12