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HomeMy WebLinkAboutCooper Canyon AZ 02-002BEFORE THE MERIDIAN CITY COUNCIL C/C 04-02-02 IN THE MATTER OF THE ) APPLICATION OF WILDWOOD ) DEVELOPMENT, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.81 ACRES FOR ) PROPOSED COOPER CANYON ) SUBDIVISION, LOCATED EAST ) OF NORTH LOCUST GROVE ) ROAD AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) Case No. AZ-02-O02 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 2, 2002, at the hour of 6:30 p.m., and Shati Stiles, Planning and Zoning Administrator, Barry Semple, Chris Findlay, and David Callister, 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 heating requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 5.81 acres in size, is located east of North Locust Grove Road and south of East Wilson Lane, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the Lawrence Tuclmess Trust of Meridian, Idaho; and the applicant is Wildwood Development, LLC of Boise, Idaho. The property is presently zoned by Ada County as RUT and consists of vacant land. 6. The Applicant requests the property be zoned as R-40, with intent to construct a twenty-two (22) 4-plex structures (88 total units) for a proposed variety of residential and commercial projects, which ts consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) property as Mixed Planned Use Development. 7. The subject property is bordered to the north and east by City of Meridian zoning of C-G and I-L respectively, and to the south and west by Ada County zoning of RUT. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. Applicant is proposing an "emergency access only" located approximately 190- feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. Utility street cuts in pavement less than five years old are not allo~ved unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parlcs Department as follows: 1. A I0' wide hard surface for a pedestrian pathway shall be provided along the Jadcson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The Pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2 500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 10. 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. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of atmexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 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. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Ordinances. 12. It is found that the zoning of the subject real property as High Density Residential District (R-40) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goal Sections: Goal 4, Goal 8 Economic Development Chapter 3.1U, 3.2U Land Use Chapter 2.1U Transportation Chapter 1.19U, 1.14, 1.19 Conm~unity Design Chapter 6.2U, 6.11U 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/COOPER CANYON (AZ-02-O02) 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 talce 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 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goal Sections: Goal 4, Goal 8 Economic Development Chapter , 3.1U, 3.2U Land Use Chapter 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-O02) Transportation Chapter 1.19U, 1.14, 1.19 Community Design Chapter 6.2U, 6.11U 5. The zoning of High Density Residential District (R-40) is defined in the Zoning Ordinance at § I 1-7-2 F as follows: (R-40) High Density Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. 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 of land. See Butt vs. The City of Idaho Fall~, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the 0amexed 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. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-O02) 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 5.81 acres in size to High Density Residential District (R-40) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.81 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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 met the conditions set forth and in the event the conditions herein are not inet 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this proiect shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant shOuld be required to work with the Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. Applicant is proposing an "emergency access only" located approximately 190- feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-O02) development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire proiect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 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 (R-40) High Density Residential 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 Worlcs Department shall prepare the appropriate mapping changes of the offidal 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 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 is a person who has FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ,2002. of ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD day VOTED_~ VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED_~ COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: z~L~./~ --~) ~ VOTED MOTION: APPROVED: ~ DISAPPROVED:.__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Depa~Tnt an~ the City Attorney. "~i~yClerk ' ' $ g Z:\WorkVvlVvletidianVVlefidian I5360M~Cooper Canyon Sub AZ02-002 )@_))1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/COOPER CANYON (AZ-02-O02)