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HomeMy WebLinkAboutKodiak Development AZ-00-026BEFORE THE MERIDIAN CITY COUNCIL C/C 03-20-01 IN THE MATTER OF THE ) APPLICATION OF HUBBLE ) ENGINEERING, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.4 ACRES FOR KODIAK ) DEVELOPMENT, LOCATED ) WEST OF MERIDIAN ROAD 1/~ ) MILE SOUTH OF OVERLAND ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-O0-026 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 February 20, 2001, and continued until March 6, 2001 and March 20, 2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, 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 HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 2001, and continued until March 6, 2001 and March 20, 2001, 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 February 20, 2001, and continued until March 6, 2001 and March 20, 2001, public hearing; and the applicant, affected property owners, 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 reqnirements 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 talces judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING I(ODIAI( DEVELOPMENT / (AZ-00-026) 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. 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 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. 6. The owner of record of the subject property is the Jim Jewett, of Boise, Idaho. 7. 8. Residential. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-O0-026) Applicant is Hubble Engineering, Inc., of Meridian, Idaho. The property is presently zoned by Ada County as RUT, and consists of 1 I. 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 the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-8 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. ! 6. 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 Reconunendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) 16.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build-out gross density of the entire 5.4-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kurta-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 5 sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 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 will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 6 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) 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. 20. 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: 20.1 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- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 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. 20.3 20.4 The application is consistent with Meridian's self identity. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 7 Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 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. 21. The property can be physically serviced with City water and sewer. 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 Plm Idaho Code by the adoption of '( FINDINGS oF FACT AND COI AND DECISION AND ORDER FOR ANNEXATION AND ZON KODIAK DEVELOPMENT / ming Act of 1975', codified at Chapter 65, Title 67, :omprehensive Plan, City of Meridian, adopted 4CLUSIONS OF LAW - GRANTING APPLICATION lNG/BY HUBBLE ENGINEERING 50O-026) Page 8 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: The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 4.2 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 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 Planning Area. 4.3 4.4 4.5 4.6 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 City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 9 available to all residents of the City. 4.7 To provide community services to fit existing and proiected needs. 4.8 To establish compatible and efficient 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 pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Densi _ty 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. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERiNG KODIAK DEVELOPMENT / (AZ-00-026) 8. 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 dev.elopment 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. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in 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 talce 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-O0-026) Page 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 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 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 enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 3.3 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 3.5 3.6 3.7 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. A condition of the Development Agreement shall be that the build-out gross density of the entire 5.4-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. A condition of the Development Agreement shall be that fnture development and use of the subject property shall occur only through the Conditional Use Permit process. Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodialc Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 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-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 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 ~ ,2001. ROLL CALL COUNCILMAN RON ANDERSON day VOTED COUNCILMAN KEITH BIRD VOTED ~,~ COUNCILWOMAN TAMMY deWEERD VOTED~'-~ COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4-~,~- 0// VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page MOTION: APPROVED:'~r- DISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk g ~' Z:\WorkkM51vlefidianqVlefidian 15360IVlMKodiak AZ026~A~fClsOrdor.doe FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page