HomeMy WebLinkAboutSalisbury/Jaydan Subdivision No. 2 AZ-03-036
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/03/04
IN THE MATTER OF THE
REQUEST FOR ANNEXATION &
ZONING OF 19.70 ACRES TO R-8
FOR SALISBURY SUBDIVISION
NO.2
Case No. AZ-03-036
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
WOODSIDE PROPERTIES, LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on August 3, 2004, at the hour of 7:00 p.m., and Anna Canning, Scott Stanfield, Jeff Wood and
Joe Simunich, 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
I.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-O4-003)
PAGE I OF 9
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 is approximately 19.7 acres in size and is located on the west side of
Meridian Road, north of Waterbury Park Subdivision, in Section I, Township 3 North, Range 1
West.
4.
Woodside Properties, LLC is the current property owner and JeflTey A Wood
submitted notarized consent for the subject application.
5.
6.
The Applicant is Earl, Mason Stanfield, Inc. of Caldwell, ill.
The subject property is currently zoned RUT (Ada County) and has an existing
residence with other outbuildings.
7.
8.
The Applicant requests the property be zoned R-8.
The property which is the subject of this application is within the Area ofImpact of
the City of Meridian.
9.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
10.
The Applicant proposes to develop the subject property in the following manner:
A residential subdivision with 72 buildable lots and four common lots.
11.
The Applicant requests zoning of the subject real property to R-8 (Medium
Density Residential) which is consistent with the Meridian Comprehensive Plan Future Land Use
Map, which designates the subject property as Medium Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-O4-003)
PAGE2 OF9
12.
The North Slough bisects the subject property and is a feature that will need to be
protected.
The City Council of the City of Meridian hereby approves the requested Annexation and
Zoning as requested by the Applicant for the property described in the application, subject to the
following:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I.
The legal description submitted with the application (dated 10-27-03, stamped by
Richard A. Gray) shows the property as contiguous to the existing corporate
boundary of the City of Meridian and is approved.
2.
Any existing domestic wells and/or septic systems within this project will have to
be removed /Tom their domestic service, per City Ordinance Section 5-7-517,
when services are available /Tom the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE3 OF9
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
4.
Any future subdivision, uses and construction on this property shall comply with
the City of Meridian ordinances in effect at the time.
5.
As a condition of annexation applicant shall participate in any road infi'astructure
agreements negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
B.
The Applicant shall also comply with the conditions and requirements of the orders arising out
of corresponding applications for this project, which are Preliminary Plat - PP-03-042, and
Conditional Use Permit - CUP-04-016.
CONCLUSIONS OF LAW
I.
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
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 OF9
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 Densitv 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 annexationofland. 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGES OF9
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 19.70 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 19.70 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions ofthe 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 Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1.
The legal description submitted with the application (dated 10-27-03,
stamped by Richard.A. Gray) shows the property as contiguous to the
existing corporate boundary of the City of Meridian and is approved.
2.
Any existing domestic wells and/or septic systems within this project will
have to be removed /Tom their domestic service, per City Ordinance
Section 5-7-517, when services are available /Tom the City of Meridian.
Wells may be used for non-domestic purposes such as landscape irrigation.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or iying adjacent and contiguous to the parcel shall be
tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch
3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE6 OF9
5.
owners), with written approval or non-approval submitted to the Public
Works Department. Iflateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to
final plat signature.
Any future subdivision, uses and construction on this property shall comply
with the City of Meridian ordinances in effect at the time.
4.
The Applicant shall also comply with the conditions and requirements of the
corresponding applications for this project, which are Preliminary Plat - PP-03-042, and Conditional
Use Permit - CUP-04-016.
5.
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.
6.
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 final action of the governing body of the City of Meridian,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE7 OF9
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
247'.£ day of
Itu. I'jM J ~
(/
ROLL CALL
,2004.
COUNCILMAN SHAUN WARDLE
VOTFJ)~
COUNCILMAN BILL NARY
VOTED~"--
VOTEDþ
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED-*-"--
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 9...- 2,4- -0 4-
MOTION:
APPROVED:$ DISAPPROVED:-
VOTED --=
Attest:
PAGE8 OF9
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the
City Attorney.
By:, 'k(1 k~crv-... )
city Clerk's Office
Dated:
g'30~o4
Z:\Work\M\MoridianIMeridian 1!360M\Sali8bury Sub No.2 AZ-03-O36 PP-O3-042 Approval Findingø\AZFFCLO AZ-O3-036 08 20 2004.00c
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE9 OF9