HomeMy WebLinkAboutMagic View Court Subdivision AZ-04-008
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 5.22 ACRES FOR
PROPOSED MAGIC VIEW COURT
SUBDIVISION FROM RUT TO CoG,
LOCATED ON THE SOUTH SIDE
OF MAGIC VIEW DRIVE, WEST
OF ALLEN STREET IN MAGIC
VIEW SUBDIVISION,
APPROXIMATELY 900 FEET
WEST OF EAGLE ROADISH 55,
PHYSICAL ADDRESS IS 2855 E.
MAGIC VIEW DRIVE, MERIDIAN,
IDAHO
LARRY HELLHAKE,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
CIC 06/08/04
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-04-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on June 8, 2004, at the hour of 7:00 p.m., and Steve Siddoway for the Planning and Zoning
Department, Larry Hellhake, Jonathan Seel, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGEl OF 14
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 armexation and
zoning as described in the application, is approximately 5.22 acres in size and is located on the
south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately
900 feet west of Eagle Road/SH 55, the physical address is 2855 E. Magic View Drive, Meridian,
Idaho, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
4.
The owner of record of the subject property is Robert B. and Kathleen E. Barnes
are the current property owners and Mr. Barnes has submitted notarized consent for the subject
application. Applicant is Larry Hellhake of Eagle, Idaho.
5.
The property is presently zoned RUT (Ada County), and consists of pasture land
and a residence.
6.
The Applicant requests the property be zoned as CoG (General Commercial).
7.
The property which is the subject of this application is within the Area ofImpact
ofthe City of Meridian. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE2 OF 14
Service Planning Area as defined in the Meridian Comprehensive Plan.
8.
The Applicant has not submitted any development application or plans at this
time. A development concept was submitted to demonstrate a potential lot configuration for
future platting/development.
9.
The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Commercial.
10.
There are no significant natural features that affect the 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 Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
I. The legal description, stamped approved by the Public Works Department on March 18,
2004, meets the requirements of the City of Meridian and State Tax Commission and will
place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. Any existing domestic wells andlor septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
4. Any future development of this property shall comply with the International Fire Code or
the fire code adopted by the City of Meridian at the time of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 3 OF 14
5. The applicant shall submit all future site plans to the Police Chief for review prior to
submittal for a Certificate of Zoning Compliance (CZC).
6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future
development plans and submit stamped (approved) plans with the Certificate of Zoning
Compliance application.
7. As long as the existing residence continues under its same use, the use is not changed, or
the building is not modified in any way, they may continue to use the current septic and
well system.
B.
Adopt the Ada County Highway District's report dated April 13, 2004, which lists site-
specific requirements, conditions of approval and street improvements, which are required.
C.
Adopt the action of the City Council taken at their June 8, 2004 meeting as follows:
For clarification:
I. The nine uses listed in JonathanR. Seel's May 25, 2004 letter for the CoG zone shall
be required to be processed as conditional uses. The nine uses are as follows:
1) Truck Stop
2) Contractors Yard
3) Equipment - heavy farm, etc. (sales and repair)
4) Lumber Yards
5) Auto Repair Shop
6) Drive-In Establishment (drive-thru windows will be permitted)
7) Entertainment Center - Outdoor
8) Sales Lots
9) Outdoor Storage Facility
12.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as 'Commercial.' The purpose of this designation is to "provide a full range of
commercial and retail to serve area residents and visitors. Uses include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 4 OF 14
(See Chapter VII, pg. 99.) The requested CoG zoning generally conforms to this stated purpose and
intent of the 'Commercial' designation. There may be some allowable uses in the CoG zone that
could be inappropriate for this lot since it does not have frontage on either a collector or arterial, but
the general intent and purpose is compatible and is consistent with the other lots in Magic View
Subdivision that have already been annexed.
Mr. Hellhake listed several specific Comprehensive Plan policies that he felt supported the
annexation (see #7, pg. 2 of the application). Items #7.A and 7.B do not directly relate to this
annexation. However, Items #7 C - E are relevant and staff agrees that these policies are applicable
to this application.
13.
It is not anticipated that the land to be annexed will be rezoned in the future; nor has
the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned as different from the present zoning
designation (RUT -Ada County).
14.
The applicant has no immediate plans or formal plat application explaining how the
property will be developed at the time of annexation. It is found that the property has sufficient
buildable area to develop in a manner allowed under the proposed CoG zoning. In addition, the
conceptual layout submitted with the exhibit demonstrates one of several configurations in which the
lot could be re-developed. The property is an existing rural residential use that is transitioning to
commercial type uses.
15.
The general vicinity of this project is in transition &om low density residential uses to
commerciallurban type uses. Developments to the east and northeast in close proximity to the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 5 OF 14
lot include Texaco and Chevron fuel stations and convenience stores, a credit union and ban1(, a
30,300 sq. ft. multi-tenant office building, Subway and medical/clinical services. Two new hotels are
currently under construction to the south. Woodbridge Subdivision is a 260 +1- lot residential
subdivision approximately ~ mile to the west that connects with Magic View Drive and is largely
built-out at a medium density. It is found that a rezone of the proposed property would be compatible
with other land use and facility changes in the area.
16.
No specific uses are proposed with this application. However, it is found that any
future uses, if designed, constructed and operated in accordance with adopted city ordinances, should
be harmonious and appropriate in appearance with the existing character of the Magic View
Subdivision area. The Comprehensive Plan envisions the north side of Magic View Drive, adjacent
to Greenhill Estates Subdivision, to be office type uses and the south side of Magic View Drive to be
more intense, commercial type uses. The zoning change to C-G would fit within the character of this
plan.
17.
It is found that the intended uses on the subject property should not be hazardous or
disturbing to existing or future neighboring uses if all development and landscape buffer ordinances
are exercised.
18.
It is found that both municipal water and sanitary sewer service are available to the
subject property. ACHD staff approved the proposed application in April. Meridian Fire, Police and
Parks Departments were represented at the Comments Meeting held in April for this application and
provided comment that services could be provided. Sanitary Service Company (SSe) currently
provides service to adjacent properties in the subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDNISION
(AZ-04-008)
PAGE 6 OF 14
19.
If approved, the developer will finance the future extension of sewer, water, utilities
and irrigation services to serve the project. The primary public costs will be fire and police services.
It is found that there will not be excessive additional requirements at public cost and that the
annexation and zoning alone will not be detrimental to the community's economic welfare.
20.
It is found that any future commercial use will generate additional traffic on adjacent
roadways above and beyond the existing residence. The level of impact will depend upon the type of
future use. The purpose of the C-G zone is to "provide for commercial uses which are customarily
operated entirely or almost entirely within a building." As such, it is not anticipated that future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or
property in the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of Meridian that may
require a Conditional Use Permit or some written commitrnentfor all future uses to more fully
comply with this finding. That being said, it is not believed a Development Agreement is necessary
given the location (internal to a subdivision and not on an arterial), limited size and developable area
of the subject lot.
21.
It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
application, which must be reviewed and approved by ACHD. The concept plan submitted with
the application shows a single point of access on to Magic View Drive. Standards for future
driveway offsets will be determined by ACHD policy. It is found that the property can be
designed to not create significant interference with traffic on the surrounding public streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 7 OF 14
22.
It is found that the proposed annexation will not result in the destruction, loss or
damage of natural features. There are a few mature trees that should be protected around the existing
residence. However, the area intended for future development appears to be void of significant
existing trees.
23.
It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
. increased commercial land base available to future developers and commercial uses;
. increased property tax revenue;
. the application substantially complies with the Comprehensive Plan.
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. 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.
25.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-O4-008)
PAGE 8 OF 14
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 is found to be a pertinent provision of the City of Meridian
Comprehensive Plan and is applicable to this Application:
Chapter VII, pg. 99
5.
The zoning of (C-G) General Retail and Service Commercial is deemed in the Zoning
Ordinance at § 11-7-2 K as follows:
(C-G) General Retail and Service Commercial: The purpose of the CoG District is to
provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the annexation and zoning of land is a legislative function, the City has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-O4-008)
PAGE 9 OF 14
authority to place conditions upon the annexation ofland. See Burt vs. The City 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.
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 5.22 acres to
General Retail and Service Commercial (C-G) is granted subject to the terms and conditions ofthis
Order hereinafter stated.
2.
The application is for annexation and zoning of 5.22 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDMSION
(AZ-04-008)
PAGE 10 OF 14
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
1.
2.
3.
4.
5.
6.
7.
The legal description, stamped approved by the Public Works Department on
March 18, 2004, meets the requirements of the City of Meridian and State Tax
Commission and will place the parcel contiguous to existing city limits.
The subject property is within the Urban Services Planning Area.
Any existing domestic wells andlor septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
Any future development of this property shall comply with the International Fire
Code or the fire code adopted by the City of Meridian at the time of construction.
The applicant shall submit all future site plans to the Police Chief for review prior to
submittal for a Certificate of Zoning Compliance (CZC).
Please contact Bill Gregory at SSC (888-3999) for detailed review of any future
development plans and submit stamped (approved) plans with the Certificate of
Zoning Compliance application.
As long as the existing residence continues under its same use, the use is not
changed, or the building is not modified in any way, they may continue to use the
current septic and well system.
B.
Adopt the Ada County Highway District's report dated April 13, 2004, which lists site-
specific requirements, conditions of approval and street improvements, which are required.
C.
Adopt the action of the City Council taken at their June 8, 2004 meeting as follows:
For clarification:
1.
The nine uses listed in Jonathan R. Seel's May 25, 2004 letter for the C-G zone shall
be required to be processed as conditional uses. The nine uses are as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 11 OF 14
1) Truck Stop
2) Contractors Yard
3) Equipment - heavy farm, etc. (sales and repair)
4) Lumber Yards
5) Auto Repair Shop
6) Drive-In Establishment (drive-thru windows will be permitted)
7) Entertainment Center - Outdoor
8) Sales Lots
9) Outdoor Storage Facility
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 ofthe
application to (C-G) General Retail and Service Commercial 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 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 Judicial Review may be filed.
Please take notice that this is a fmal 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 12 OF 14
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
r -!:Á-
0 - day of
ð~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
VOTED /fh~
COUNCILMAN KEITH BIRD
VOTED ----þ-
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ?~ ç; -04-
MOTION:
APPROVED:L DISAPPROVED:-
~~
Attest: III"""""!//l
",,~~ of M~,::'II"
,',"&~~ 'V¡-1~~/~
.:- ~- .l;'Y "-
f" ~ \
Crk; =:
~"7~ .# f
'\ "ð ~1' 151 . '" .}.o./
IIII "f Cn. .. . -. ~'rr' /~
II"'I'-VUNT'!. """
FINDINGS OF FACT AND CONCLUSION~/d¥.t:X\V,\11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
VOTED -
PAGE 13 OF 14
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
BY:~ J1À..UJY\.. Dated: î. '? - 04-
City Clerk
Z:\Work\MlMeridianlMeridian 15360M'Magic View CourtAZ-O4-008\AZFtCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-O4-008)
PAGE 14 OF 14