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Home My WebLink AboutSienna Creek Subdivision AZ-04-014 BEFORE THE MERIDIAN CITY COUNCIL C/C 08/17/04 IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 30 ACRES TO R-8 ZONE FOR A PLANNED DEVELOPMENT Case No. AZ-04-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGE WOOD DEVELOPMENT, INC., Applicant The above entitled annexation and zoning application having come on for public hearing on August 17,2004, at the hour of7:00 p.m., and Anna Canning, Shawn Nickel, Lisa Wanner Sisler and David Bailey, 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. 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, FINDINGS OFFACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING- SIENNA CREEK SUBDIVISION (AZ-04-014) PAGElOF8 Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property is approximately 30 acres in size and is generally located 1/4 mile north of Us tick Road and Yz mile east of Linder Road. The property is designated as Medium Density Residential. 4. The owner of record of the subject property is Sagewood Development, Inc. 5. Applicant is Sagewood Development Inc.. 6. The subject property is currently zoned RUT. 7. The Applicant requests the property be zoned as R-8. 8. The subject property is bordered to the north by R-8 zoning, to the south by RUT zoning, to the east by R-8 zoning, and to the west by R-4 zoning (middle school). 9. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: as a residential planned development 12. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the subject property as Medium Density Residential 13. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - SæNNA CREEK SUBDIVISION (AZ-O4-0I4) PAGE2 OF8 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 Recommendations of the Meridian Planning & Zoning Department as follows: I. Any existing domestic wells and/or septic systems within this project will have to be removed nom their domestic service, per City Ordinance Section 5-7-517, when services are available nom the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. B. The Applicant shall also comply with the conditions and requirements ofthe corresponding orders for applications for this project, which are Preliminary Plat- PP-04-019 and Conditional Use Permit - CUP-04-021. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - SIENNA CREEK SUBDMSION (AZ-04-o14) PAGE) OF8 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: fRo8) 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 ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING- SæNNA CREER SUBDIVISION (AZ-04-0I4) PAGE4 OF8 1. The applicant's request for annexation and zoning of approximately 30 acres to R-8 (Medium Density Residential) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of30 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: B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: I. Any existing domestic wells and/or septic systems within this project will have to be removed nom their domestic service, per City Ordinance Section 5-7-517, when services are available nom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. The Applicant shall also comply with the conditions and requirements of the corresponding orders for applications for this project, which are Preliminary Plat - PP-04-019 and Conditional Use Permit - CUP-04-021. 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), and Meridian City Code § 11-7-2. 6. Subsequent to the passage ofthe Ordinance provided for in sectionS 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - SæNNA CREEK SUBDMSION (AZ-04-014) PAGE 5 OF 8 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, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING- SæNNA CREEK SUBDMSION (AZ-o4-0I4) PAGE6 OF8 By action of the City Council at its regular meeting held on the l~ day of Sq>\t: rn beY- ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED--¥ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: Q-l-0+ VOTED-=-- MOTION: APPROVED:---X-- DISAPPROVED:- Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TlON FOR ANNEXATION AND ZONING- SæNNA CREEK SUBDIVISION (AZ-04-o14) PAGE7 OF8 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: jllMi J:1" UJY\...J City Clerk's Office Dated: '1- .;1<:- 0+ Z:\ Work\M\MeridianlMeridian I 5360MlSienna Creek\SiennaCk AZ-O4-0 i 4 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING - SæNNA CREEK SUBDIVISION (AZ-04-014) PAGE8 OF8