HomeMy WebLinkAboutFrank, Jerald AZ 02-012WHITE PETERSON
KEVIN E. DINIUS PHILIP A. PETERSON
JULIE KLEIN FISCHER ERICA S. PHILLIPS
WM. F. GIGRAY, III ERIC S. ROSSMAN
T. GuY HALLAM* TODD A. ROSSMAN
D. SAMUEL JOHNSON DAVID M. SWARTLEY
WILLIAM A. MORROW PAMELA J. TARt,OW
WILLIAM F. NICHOLS* TERRENCE R. WHITE**
CHRIS'i'OPFIEI~. S. NYE NICHOLAS L. WOLLEN
*Also admitted in OR
** Also admitted in WA
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
830 N. MAIN STREET, SUITE 200
POST OFFICE BOX 1150
MERIDIAN, IDAHO 836804 150
TEL (208) 288-2499
FAX (208) 288-2501
August 14, 2002
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
AUG 1~1 2002
i ty Of Meridian
ity Clerk Office
Re:
JERALD S. FRANK / ANNEXATION AND ZONING FINDINGS / AZ
ORDINANCE & CERTIFICATION OF CLERK / SUMMARY
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-
02-012
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions from the Council meeting of August 6, 2002, and which
are on the agenda for August 20, 2002.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
for the annexation and zoning for City of Meridian. After the Findings of Fact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
should not be oassed until the Findings of Fact and Conclusions of Law and Decision and
Order Grantine Aoolication for Annexation and Zonine are adooted. Additionally, I have
enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be
presented to the Council at the same time the full annexation and zoning ordinance is presented to
Council for approval.
If you have any questions arise, please advise.
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-06-02
IN THE MATTER OF THE )
APPLICATION OF JERALD S. )
FRANK, THE APPLICATION FOR )
ANNEXATION AND ZONING OF )
2.02 ACRES, LOCATED AT 2310 )
SOUTH LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
Case No. AZ-02-012
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 August 6, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Department, Jason Hopkins, and Art Cushing, 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
Boundary.
3.
The proPerty which is the subject of the application for annexation and
zoning is described in the application, and is approximately 2.02 acres in size, is located at 2310
South Locust Grove Road, 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 Jerald S. Frank, 2787 W. Balata
Court, Meridian, Idaho; and the applicant is owner of record.
The property is presently zoned RI/RUT, and consists of a single-family
o
residence.
6.
The Applicant requests the property be zoned as R-4, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as Single-Family Residential.
7. The subject property is bordered to the north by a single-family residence on 2
acres, to the South and east by the Raven Hill and Los Alamitos Subdivisions, and to the west by
the Sportsman Pointe Subdivision.
8. The applicant proposes to develop the subject property in the following manner:
annexation and zoning is pursuant to an agreement entered into when sewer service was
provided to the property.
9. There are no significant or scenic features of major importance that affect the
consideration of this application.
10. The City Council recognizes the concerns of Mr. Jason Hopkins as expressed in
his letter dated July 8, 2002.
11. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
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:
1.1
Domestic water service to this site shall be via an existing main adjacent to the site
in S. Locust Grove Road. Sanitary sewer service is currently being provided by the
City of Meridian's system.
1.2 Essential City services are available to the subject property.
1.3
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517. Wells may be used for
non-domestic purposes such as landscape irrigation.
Adopt the Recommendations of the ACHD as follows:
1.4
Dedicate 45 feet of right-of-way from the centerline of Locust Grove Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be paid the fair market value of the right-of-
way dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with ACHD Ordinance #195.
1.5
Construct a 5 foot wide detached concrete sidewalk on Locust Grove Road located
2 feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk. The District will require a license agreement
for the landscape strip with the detached sidewalk. An agreement must be approved
prior to scheduling the final plat for signature. Please contact the Right-of-Way
Division at 387-3271 for guidelines.
1.6
Pave any approved driveways to their full required width 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
1.7 Driveway and proposed street locations will be subject to further review with any
future development application(s) for this site.
1.8 Comply with all Standard Conditions of Approval.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.9 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. 1997 UFC
Appendix III-A.
1.10 Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
1.11 Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
1.12 Final Approval of fire hydrant locations shall be by the Fire Department.
1.13 All radii shall be 28' inside and 48' outside radius.
1.14 Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per 1103.2.4 of the Uniform Fire Code.
1.15 Provide an approved turn-around for any road greater than 150' long.
12. 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. 11, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
13. It is also found that the development considerations as referenced in Finding No.
11 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
14. 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 in
compliance pursuant to the agreement entered into between the City of Meridian and Jerald S.
Frank, 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.
15. The subject annexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies of the Comprehensive Plan
of the City.
16. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
17. It is found that the proposed single-family residential use will not create excessive
traffic, noise or other nuisances that would be detrimental to the general welfare of the
surrounding area.
18. It is found that the annexation and development of the property should not create
any additional interference with the existing traffic on Locust Grove. Any future development
will require coordination with the Ada County Highway District to ensure no conflicts with
nearby driveways/roadways exist or are created.
19. It is found that the annexation of this enclave property would be in the best
interest of the City and was a requirement to hook up to City services.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
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 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:
Goals 1 through 10, inclusive.
5. The zoning of Low Density Residential 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 water 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 Burt vs. The City of Idaho Falls, 105
Idaho 65,665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
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
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 2.02 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 2.02 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 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.1
Domestic water service to this site shall be via an existing main adjacent to the site in
S. Locust Grove Road. Sanitary sewer service is currently being provided by the City
of Meridian's system.
1.2 Essential City services are available to the subject property.
1.3
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517. Wells may be used for
non-domestic purposes such as landscape irrigation.
Adopt the Recommendations of the ACHD as follows:
1.4
Dedicate 45 feet of right-of-way from the centerline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat
for signature by the ACHD Commission or prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of-way dedicated which is an addition to existing
ACHD right-of-way if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with ACHD Ordinance #195.
1.5
Construct a 5 foot wide detached concrete sidewalk on Locust Grove Road located 2
feet within the new right-of-way. Coordinate the location and elevation of the sidewalk
with District staff. If the sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk. The District will require a license agreement for the
landscape strip with the detached sidewalk. An agreement must be approved prior to
scheduling the final plat for signature. Please contact the Right-of-Way Division at
387-3271 for guidelines.
1.6
Pave any approved driveways to their full required width 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.
1.7 Driveway and proposed street locations will be subject to further review with any
future development application(s) for this site.
1.8 Comply with all Standard Conditions of Approval.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.9 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. 1997 UFC Appendix III-A.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
1.10 Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
1.11 Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
1.12 Final Approval of fire hydrant locations shall be by the Fire Department.
1.13All radii shall be 28' inside and 48' outside radius.
1.14 Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per 1103.2.4 of the Uniform Fire Code.
1.15 Provide an approved tutu-around for any road greater than 150' long.
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-4) Low 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 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)
By action of the City Council at its regular meeting held on the day of
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED
COUNCILMAN WILLIAM L.M. NARY
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
VOTED
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By: Dated:
City Clerk
Z:\Work\M\Meridian\Meridian 15360MLFrank Jemld AZ02-012\AZFfCl&Order. doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/JERALD S. FRANK (AZ-02-012)