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HomeMy WebLinkAboutSouthern Springs Subdivision No. 3 AZ-04-030 PP-04-041 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Southern Springs #3 Subdivision Case No(s). AZ-04-30, PP-04-041 . For the City Council Hearing Date of: January ll, 2005 A. Findings of Fact 1. Hearing Facts a. A notice ora public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the January 11, 2005 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the Clerk's office. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30,PP-O4-041PAGE 1 of4 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Bradley M. Bengson. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C/D for the findings required for each type of application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles] I and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. Due consideration has been given to the comment(s) received ttom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of denial in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 5. That this denial is subject to the Legal Description in Exhibit A and the Preliminary Plat dated 9/27/04 in Exhibit B. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § ]2-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Annexation request and Preliminary Plat are hereby approved subject to conditions of approval. D. Notice of Final Action and Right to Regulatory Takings Analysis I. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-30, PP-04-041PAGE 2 of4 2. 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 the issuance or denial of the conditional use permit approval 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Preliminary Plat Exhibit C: Annexation and Zoning Findings Exhibit D: Preliminary Plat Findings jfiction of the City Council at its regular meeting held on the ;;¡t;th Cllìl \cu,,),...,. ,2005. Q day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED I..!.l t1t MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-30, PP-04-041 PAGE 3 of4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: <~L City Clerk's Office Dated: 2-1-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-30, PP-04-041PAGE 4 of 4 EXHIBIT A Legal Description Southern Springs #3 Subdivision PP-04-041 Exhibit "A" A parcel ofJand being a portion of U.S. Government Lot 2 of Section 19, Township 3 North, Range I Eost, Boise Meridian. Ada Conoly, Idaho and more particularly described as fOllows; BF.GINNING at the NW Co¡ne¡- of U.s. Government Lot 2 ofSeotion 19 wm which a brass cap nwnument marking the NW corner of said Section 19 bears NOoo31'52"E a distance of 1324.93 feet and ûom whi<:h an alwoimun cap marking the SW corner of said U.S. Government Lot 2 bears S00"37'52"W a distance of 1324.92 feet; Thence along the North line ohaid U.S. Government Lot 2 NII9"43'3g"E a distance of 602.97 feel to a 51!! inch rebar marking the NW comer of Lot I of Running Brook Estates Subdivision as recorded at Book 65, Page 6636 and 6637, Book of Pia Is, Ada County, Idaho; Thence leaving said North Hoe and along the West lino of said Lot I SO0"37'S2"Wa distance of 144.53 teet to a point on the North right-of-way line of E. Calderwood Drive; Thence leaving said West line and along wid right-of-way line S89"43 '26"W a distonee of6O2.97 feet to a 51!! inch..bar at the intersection of the extension of the North line of said right-of-way and the WO3tIine of said Section 19. the contedino ofS. Meridian Road; Thence along said Weslline and the COI,IterIine ofS. Meridisn Road NOO'37'52"E a distance of i44.57 feet to the POINT OF BEGINNING; Said parcel contains 87,149 sq. ft. or 2.00 acres, more or less and is subjeot to any easements or righls-of-ways of record or implied. ~ ~>..~'tiI. ~ ,,~'~ ." 1111#' \,(\ ".\.Ie "."ft::s"o.'" '" !»I62#_""""'ry-"".'-",-, EXHIBIT B Preliminary Plat Southern Springs #3 Subdivision (File PP-04-041) -----~" OHvm 'NVraæ:"" NOISWaElflS ¡; 'ON SDNRfdS N~¡:¡¡HJ.flOS ~ ~ ~ ~ h~ j~ ~ê~.~ ~~-~w~!!à ~~§~~:i¡¡¡:3 ,,¡g~~,,~~ลก" ~~~~~¡¡~8 ~~ -~..~.¡¡;! ~Z ê¡::~ < ~ <~~ " u 0 51 g ~ ,11 ! ¡ il'll ¡.¡ ,', J¡ II' I!! IIIIIIII! ~ ;Ii I'." ~ EXHIBIT C Southern Springs #3 Subdivision Annexation Findings Thefollowing is the list of standards found in 11-15-11: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Council [rods that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." The Commercial designation is to "provide a full range of commercial and retail to serve area residents and visitors." The applicant has requested a General Commercial (C-G) zone, which complies with the comprehensive plan. Council finds the following 2002 Comprehensive Plan text policies to be applicable. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) . "Permit new. . .commercial. . .developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) . "Improve and protect creeks (. . .Ten Mile Creek) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Obj. A, #11) B. Is the area included in the zoning amendment intended to be rezoned in the future; Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Council finds that the proposed development would be allowed within the requested C-G zone, which complies with the future land use map in the Comprehensive Plan. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad G. H. access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Council finds the general vicinity of this project has experienced a rapid change ttom agricultural and low density residential uses to commercial/urban type development in the last three years. The Larkspur project (office and assisted living), Southern Springs No.1 and 2 (commercial) and the widening of Overland Road to five lanes are examples of the increased urbanization in the immediate area. Council finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Council finds that commercial uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. A buffer between land uses will be required between this project and the existing residence to the east. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Council finds the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Will the area be served adequately by essential public facilities and services such as highways, streets, police and tlre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Council finds that Meridian Road and Calderwood Drive have sufficient capacity to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. Will not create excessive additional reqnirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Council finds that this development will not cause excessive additional requirements at public cost. The 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. Council also finds that the .annexation and zoning alone will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Council finds that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. However, MCC 11-12-2 and 11-12-3 are intended to prohibit impacts such as noise, glare, vibration, fire hazards, etc. on adjacent properties. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Council finds that based on ACHD's report, the project is anticipated to generate up to 163 vehicle trips per day (10 existing). No access will be taken directly to SH-69 ttom this parcel. The project will have cross-access to Southern Springs No. I for access to Meridian Road. The access points along Calderwood Drive align with the approved accesses for Larkspur Sub to the south, per ACHD requirements. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Council finds that the annexation alone will not result in the destruction, loss or damage of natural or scenic features. Several existing trees on site may need to be retained or mitigated for. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The Council finds that the annexation of this property would be in the best interest of the City for reasons described above. ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed ttom their domestic service, per City Ordinance Section 5-7-517, when services are available ttom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. EXHIBIT D Southern Springs #3 Subdivision Preliminary Plat Findings PRELIMINARY PLAT FINDINGS The City Council hereby approves the following analysis of required fmdings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "1n determining the acceptance of a proposed subdivision. the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Council finds that the subdivision is in conformance with the Comprehensive Plan as approved in the annexation and zoning request. b. The availability of public services to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Council finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public fmancial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Council finds that there should not be any other health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site.