HomeMy WebLinkAboutPenn Station Apartments AZ-00-011
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF PANGAEA
LAND PLANNING, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 3.4 ACRES FOR PENN
STATION APARTMENTS,
LOCATED SOUTH OF
FAIRVIEW AND WEST OF
STONEHENGE WAY,
MERIDIAN, IDAHO
06-26-00
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Case No. AZ-OO-011
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 June 20, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and the Applicant, Daren Fluke,
appeared arid testified, and appearing and testifying with comments/concerns and or
in opposition were: Laura Jones, Matthew Glencoe, and Ron McClaren, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Ol1)
Order:
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 June 20, 2000, 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 June 20, 2000, 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 requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code SS 11~15-5
and 11-16- 1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
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 to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 3.4 acres in size and is located
South of Fairview, west of Stonehenge Way. The property is designated as Penn
Station Apartments.
5. The property is approximately 3.4 acres in size and is located South of
Fairview, west of Stonehenge Way. The property is designated as Penn Station
Apartments.
6. The owner of record of the subject property is Centers Construction,
Inc., of Meridian, Idaho.
7. Applicant is Pangaea Land Planning, of Boise, Idaho.
8. The property is presently zoned by Ada County as R-T/R-1, and consists
of vacant land.
9. The Applicant requests the property be zoned as R-15.
10. The subject property is bordered to the south by R-8 single family
dwellings, and to the north and west by C-G and to the east by R-T and city limits of
the City of Meridian are adjacent and abut to the north, south and west of the
FINDINGS OP PACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00-011)
subject property.
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 the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: 10 multi-family residential units containing 4 two-bedroom dwellings.
14. The Applicant requests zoning of the subject real property as R-15
which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed Planned Use Development.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
16.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. Ditches to be
piped should be shown on the site plans. Plans ,vill need to be approved
by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. A variance not to tile Settlers Canal has
been requested by the Applicant.
16.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non~domestic purposes such as landscape
irrigation.
16.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation to address, among other things,
specific landscape/common area requirements, any height limitations,
signage, pathways, etc.
Adopt the Recommendations of the N ampa & Meridian Irrigation District as
follows:
16.4 The Nampa & Meridian Irrigation District's Jackson Drain courses
along the north boundary of the proposed project. The District reserves
the right to deem what they feel necessary to operate and maintain the
facility.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00-Ol1)
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.
19. It is found that the zoning of the subject real property as Medium High
Density Residential District (R-15) 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.
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 ordinances of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
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 The application is consistent with Meridian's self identity.
20.4 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
Comprehensive plan and the Zoning ordinances 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 ordinances of the City to the subject application.
21. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 S 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
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
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 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.
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 Planning
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00-01l)
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4A To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 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
available to all residents of the City.
4.7 To provide community services to fit existing and projected
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.
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Land Use Chapter
lAU - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
1.8U - Promote the development of high-quality and environmentally compatible
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Ol1)
residential areas that contain the necessary parles, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
2.5U ~ Encourage compatible infill development that will improve existing
neighborhoods.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban. level densities
and rural residential densities.
Natural Resources and Hazardous Areas
1.1 U - Identify and protect areas with special characteristics such as stream corridors,
canals, and wetlands.
2.1 U - Development along major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
3.1 U - Manage and prevent unsuitable uses along drainage ways and protect the flood
plains of creeks and drains.
Transportation Chapter
lAU - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U w Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Ol1)
5. The zoning of Medium High Density Residential District (R-15) is
defined in the Zoning Ordinance at S 11-7-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of the R-
15 District is to permit the establishment of medium-high density single-family
attached and multi-family dwellings at a density not exceeding fifteen (15)
dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct acc,ess to a park or open
space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominant housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominimTIs.
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 planned
commercial development on this parcel of land.
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 Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
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 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.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
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 take 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 3.4
acres to Medium High Density Residential District (R-15) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 3.4 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.
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00~011)
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 the Planning and Zoning and Engineering staff
as follows:
3.1 Any eXlstmg irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. Ditches to be
piped should be shown on the site plans. Plans will need to be approved
by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. A variance not to tile Settlers Canal has been
requested by the Applicant.
3.2 Any existing domestic wells and/or septic systems within this project will
. have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
3.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation to address, among other things,
specific landscape/common area requirements, any height limitations,
signage, pathways, etc.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.4 The Nampa & Meridian Irrigation District's Jackson Drain courses along
the north boundary of the proposed project. The District reserves the
right to deem what they feel necessary to operate and maintain the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
facility.
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-15) Medium High Density
Residential District, and Meridian City Code S 11-7-2 E.
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 S 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00-011)
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 S 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 5-1L day
of
J~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED$~
COUNCILMAN KEITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED~~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7- 5 -Dc)
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
MOTION:
APPROVED~!7 t!/l)DISAPPROVED;
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By:~~--:~~>l
City Clerk (J f/
Dated: -?.-ytJO
::
-
~
msglZ:\Work\M\Meridian 15360M\Penn Station AZ & CUP\AZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-00-Ol1)