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HomeMy WebLinkAboutWerth, Marvin AZ 02-001BEFORE THE MERIDIAN CITY COUNCIL C/C 04-02-02 IN THE MATTER OF THE ) APPLICATION OF MARVIN ) AND VIOLET WERTH, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 1.14 ACRES, LOCATED AT ) 2150 S. LOCUST GROVE, ) MERIDIAN, IDAHO ) ) Case No. AZ-02-O01 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 December 4, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, 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/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weelcs prior to said public hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 2, 2002, public hearing; and the applicant, affected property ovmers, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. 3. The City Council takes judicial notice of its z?ning, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary.. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 1.14 acres in size and is located at 2150 S. Locust Grove Road, Meridian, Idaho. 6. The owner of record of the subject property is Marvin and Violet Werth of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R- 1, and consists of a single family home. 9. . The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north, south and east by Ada County zoning R-1 and R-4 zoning to the east and west. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant has no plans to develop the subject property but agreed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) to annexation after receiving City services. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. 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. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re-development. 3. A sidewalk, in accordance with the Meridian City Code shall be required along Locust Grove when the property is re-developed. Adopt the Recommendations of the ACHD as follows: Special Recommendations to City of Meridian: 1. Pursuant to the Clean Air lawsuit settlement agreement private roads/driveways FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 4 approved with any development should be paved their entire length, and notification given to DEQ. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. The applicant should be required to locate any proposed driveway or private road to align or offset a minimum of 230-feet (based on speed limit of 45-mph) from any existing or proposed driveway or street. 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 $000 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 should be borne by the developer. Any existing irrigation facilities should be relocated outside of the right-of-way. The applicant shall be required to pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot curb radii pavement tapers abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 5 10. 11. 12. 13. 14. The applicant shall be required to pave a private roadway a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that a private road will be accepted as a public road if sud~ a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: Dedicate a minimum of 50-feet of right-of-way for the road. Construct the roadway to the minimum ACHD requirements. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Applicant shall also comply with ACHD's Standard Requirements listed in their January 18, 2002 report. Adopt the Recommendations of the Planning and Zmdng and Engineering staff as follows: That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 6 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Final approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. 7. Provide an approved turn around for any road greater than 150' long. 17. 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. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers ~vill be protected. 18. It is also found that the development considerations as referenced in Finding No. 16 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-O0 l) Page 7 17. It is found that the zoning of the subject real property as Low Density Residential District (R-4) 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 Single Family Residential. 18. 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: 18.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-qualify development. Enhancement of Meridian's qualify of life for all residents is achieved by/app~ing the criteria of the Comprehensive Plan and the zoning ordinance of the Cify to ali applications such as the subject application. 18.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 18.3 The application is consistent with Meridian's self identify. 18.4 The preservation and improvement of the character and quali~y of Meridian's man-made environment while maintaining its identify as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 18.5 Compliance with the requests of the political subdivisions providing services, assures that communi{y services are being provided for existing and projected FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 8 needs and that the land use patterns of the Cify are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly ident~able. 18.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 19. The property can be physically serviced with City water and sewer, and Applicant has requested such serwces. 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 '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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 9 Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental qualify and to make provisions for and improve the total natural environment bfl adopting Cify-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service PIanning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the Cify's abilify to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the communify. 4.5 To preserve and improve the character and qualify of Meridian's man-made environment while maintaining its identi(ff as a self- sufficient community. 4.6 To encourage cultural, educational and recreational facilities which wilI fiIl the needs and preferences of the citizens of Meridian and to insure that these fuciIities are available to ali residents of the City. 4. 7 To provide community services to fit existing and projected nee&. 4.8 To establish compatible and e~cient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pajg for services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 10 4. I0 To create an Urban Service PIanning Area ~vhich is visually attractipe, effciently managed and clear~ ident~able. 5. The zoning of Low Density ResidentiaI District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal ~vater and sewer systems of the City. 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 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. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 9. Section 11-16-4 A of the Zoning and Development Ordinance provides in FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 11 part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall tal, e effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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 1.14 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.14 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 i) Page 12 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff revie~v and approval of development permits required for the development of this property, as follows, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. Ail future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re-development. 3. A sidewalk, in accordance with the Meridian City Code shall be required along Locust Grove when the property is re-developed. Adopt the Recommendations of the ACHD as follows: Special Recommendations to City of Meridian: 1. Pursuant to the Clean Air lawsuit settlement agreement private roads/driveways approved with any development should be paved their entire length, and notification given to DEQ. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 13 within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 10. The applicant should be required to locate any proposed driveway or private road to align or offset a minimum of 230-feet (based on speed limit of 45-mph) from any existing or proposed driveway or street. 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. If utility relocation is necessary to construct improvements required with this development, then ail utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. Any existing irrigation facilities should be relocated outside of the right-of-way. The applicant shall be required to pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot curb radii pavement tapers abutting the existing roadway edge. The applicant shall be required to pave a private roadway a, minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that a private road will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001 ) Page 14 11. 12. 13. 14. 2 3 4 6 7 The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: )~ Dedicate a minimum of 50-feet of right-of-way for the road. )~ Construct the roadway to the minimum ACHD requirements. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Applicant shall also comply with ACHD's Standard Requirements listed in their January 18, 2002 report. Adopt the Recommendations of the Planning and Zoning and Engineering staff as foIlows: That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. Final approval of fire hydrant locations shall be by the Fire Department. All radii shall be 28' inside and 48' outside radius. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. Provide an approved turn around for any road greater than 150' long. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 15 the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the PuNic 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 16 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 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 of ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY MAYOR ROBERT D. CORRIE (TIE BREAK. ER) DATED: MOTION: ~ APPROVE~ DISAPPROVED:__ day VOTED__~~-- VOTED_~ VOTED_~ VOTED_~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 17 Copy served upon Applicant, the Planning and Zoning Department, PUblic Works Department and the City Attorney. City Clerk Dated: Z:\~Vork\MMVlcridianXMeridian 15360M~Werth Marvin AZ02 O0 l\AZFfClsOrdcr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 18