HomeMy WebLinkAboutSouthstone Subdivision AZ-04-006
BEFORE THE MERIDIAN CITY COUNCIL
CIC 05/25104
CIC 06/01104
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 3.06 ACRES FOR
SOUTHSTONE SUBDIVISION
FROM RUT TO L-O, LOCATED AT
THE NORTHEAST
INTERSECTION OF EAGLE ROAD
AND GIRDNER LANE,
APPROXIMATELY Yz MILE
NORTH OF THE NORTHEAST
INTERSECTION OF EAGLE ROAD
AND VICTORY ROAD, MERIDIAN,
IDAHO
Case No. AZ-04-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
PINNACLE ENGINEERS, INC.,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 25,2004, and continued until June 1, 2004, at the hour of7:00 p.m., and Anna Powell
Planning Director for the Planning and Zoning Department, Chris Hobbs, Steve Siddoway of the
Planning and Zoning Department, and David McKinnon, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION
(AZ-04-006)
PAGE 1 OF 10
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.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 3.06 acres in size and is located at the
northeast intersection of Eagle Road and Girdner Lane, approximately Yz mile north of the
northeast intersection of Eagle Road and Victory Road, Meridian, Idaho, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4.
The owners of record of the subject property are William J. Lewis 1II and Shari S.
Lewis and Evans Construction Management Co., Inc., of2680 S. Eagle Road, Meridian, Idho
83642. Applicant is Pinnacle Engineers, Inc.
5.
The property is presently zoned RUT (Ada County), and consists of a single-
family dwelling which will be removed.
6.
The Applicant requests the property be zoned as L-O (Limited Office).
7.
The subject property is surrounded by the following properties and uses:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDMSION
(AZ-04-006)
PAGE2 OF 10
North, South, East and West: R-4
The property to the north and south was approved for L-O uses through a use
exception which was part of the use exception for Sutherland Farms.
8.
The Applicant proposes to develop the subject property in the following manner:
as a commercial subdivision featuring professional offices.
9.
The Applicant requests zoning ofthe subject real property as L-O. The Meridian
Comprehensive Plan Generalized Land Use Map designates the subject property as Medium
Density Residential.
10.
There are no significant or scenic features of major importance that affect the
consideration of this application.
11.
Giving due consideration to the comments received ftom 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.
The parcel is contiguous to existing city limits.
2.
Essential City services can be made available to the subject property.
C.
Adopt the ACHD report, dated April 2, 2004, which lists site-specific requirements,
conditions of approval and street improvements, which are required.
The Applicant shall comply with all the conditions and requirements listed within the
corresponding Preliminary Plat, PP-04-008.
B.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDNISION
(AZ-O4-006)
PAGE 3 OF 10
13.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Medium Density Residential". While the Comprehensive Plan Future Land Use
Map does not support the proposed zone change, the approved development on parcels adjacent to
the subject property on the north, south, and east have been zoned and platted for commercial and
office uses. Because ofthe surrounding land uses, office development of the subject property will be
more compatible with the area instead of the Medium Density Residential designated on the
Comprehensive Plan Map.
14.
The subject property is located adjacent to property which has been approved forlight
office uses through the approval of the Planned Development for Sutherland Farm. The subject
property is located on Eagle Road, a major arterial road.
15.
It is found that the requested light office uses would be generally harmonious with the
existing and intended character of the general vicinity which is commercial, light office, and single
family residential.
16.
It is found that the proposed light office uses will not be hazardous or disturbing to
existing or future neighboring uses if all development and landscaping ordinances are exercised.
17.
It is found that sanitary sewer and water mains service is readily available ftom
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 this development will not cause excessive additional requirements at
public cost. Sewer and water will be extended to the proposed development by the developer. These
improvements will be funded and constructed by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION
(AZ-O4-006)
PAGE 4 OF 10
19.
It is found that the proposed light office uses will not be detrimental to surrounding
properties if constructed and landscaped as submitted. It is also found that the proposed use will
create additional traffic on Eagle Road and Girdner Lane, but is unlikely to significantly impact
traffic due to the scale and intensity of the proposed light office subdivision. Cross access to the
light office development to the north has been proposed. The light office development south of the
subject property will access the subject property ftom Girdner Lane. The developer of Sutherland
Farm Subdivision has not proposed a connection between the proposed development to the east of
the subject property and the proposed Southstone Subdivision. No traffic study or statement of
impact was submitted with the application. It is not anticipated that the proposed use will create
excessive traffic, noise, smoke, fumes, glare or odors.
20.
It is found that the proposed vehicular approaches off of Girdner Lane will have a low
level of impact on the level and flow oftraffic on the surrounding streets. The proposed subdivision
will not have direct access off of Eagle Road. Cross access will be provided to the development
north of the subject property.
21.
It is found that the proposed subdivision does not contain any natural or scenic
features of major importance and will not result in the destruction, loss, or damage of a natural or
scenic feature of major importance. The subject property has one single family dwelling which will
be removed.
22.
It is found that the proposed rezone of the subject property is in the best interest of the
City. The proposed office development is compatible with surrounding land uses and the
development will be an asset to the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHS TONE SUBDIVISION
(AZ-04-006)
PAGE 5 OF 10
23.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 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.
24.
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
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
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 SOUTHSTONE SUBDIVISION
(AZ-04-006)
PAGE 6 OF 10
"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.
Thezoningof(L-O) Limited Office is defined in the Zoning Ordinance at § 11-7-2 G
as follows:
(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.
5.
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 City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
6.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances ofthe 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 ofthe City of Meridian.
7.
Pursuantto Section 11-16-4 A of the Zoning and Development Ordinance the owner
andlor developer shall enter into a Development Agreement, if required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHS TONE SUBDIVISION
(AZ-O4-006)
PAGE 7 OF 10
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 3.06 acres to
Limited Office (L-) is granted subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of3.06 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofldaho, 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:
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 (L-O) Limited Office 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
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions ofthe annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION
(AZ-04-006)
PAGE 8 OF 10
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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
L,ß,
Iv.~ day of
JWr>.z
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED Æ tL-
COUNCILMAN KEITH BIRD
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION
(AZ-O4-006)
PAGE 9 OF 10
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: Þ-17~O4---
VOTED-
MOTION:
APPROVED:-----K- DlSAPPROVED:-
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Attest:
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William G. Berg, Jr., Cit Cl k ~ ~v ,ëß' 0 f
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Copy served upon Applicant, the Pla.nr:-rÍig~~goD<¡>~ent, Public Works Department and
the City Attorney. II/Ii""", "'0"""
BY' ~I\ \.1\\ ....91 . Dated: LD -;(1-04-
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION
(AZ-04-006)
PAGE 10 OF 10