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HomeMy WebLinkAboutMeridian Middle SchoolAZ 02-013 BEFORE THE MERIDIAN CITY COUNCIL C/C 09-10-02 IN THE MATTER OF THE APPLICATION OF LOMBARD ) CONRAD ARCHITECTS, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 40.48 ACRES ) FOR PROPOSED LINDER ROAD ) MIDDLE SCHOOL UNlTL GIVEN ) ITS OFFICIAL NAME, LOCATED ) ON THE EAST SIDE OF N. LINDER ) ROAD, NORTH OF W. US TICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA TlON FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 10, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Wendell Bigham, 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 99 67-6509 and 67-6511, and Meridian City Code 9S 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXA nON AND ZONING/MIDDLE SCHOOL (AZ-02-0 13) Page 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 Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 40.48 acres in size, is located on the east side ofN. Linder Road, north ofW. Ustick Road, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record ofthe subject property is Joint School District No.2, 911 Meridian St, Meridian, Idaho 83642; and the applicant is Lombard Conrad Architects, 1221 Shoreline Ln., Boise, Idaho 83702. 5. The property is presently zoned RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4, with the intent to develop and construct a middle school, presently to be known as Linder Road Middle School until given its official name, including parking and fields, 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 Baldwin Park Subdivision, to the south and east by agricultural land with single-family dwellings, and to the west by agricultural land with single-family dwellings and the Bridgetower Subdivision. 8. There are no significant or scenic features of major importance that affect the consideration ofthis application. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 2 9. Giving due consideration to the comments 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: I. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 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. Dedicate 48-feet of right-of-way from the centerline of Linder 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 the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet if right-of-way from the centerline of Linder Road abutting the parcel by means ofa 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 the ACHD Ordinance in effect at that time (currently Ordinance #195). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) 2. Construct a 5-foot concrete sidewalk on Linder Road abutting the parcel. If the sidewalk is located within 48 feet ofright-of-way from centerline, the sidewalk shall be located within the new right-of-way located 2 feet from the property line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the applicant shall provide an easement for the sidewalk. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 5. Comply with all Standard Conditions of Approval. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements of the 1997 Uniform Fire Code for educational facilities. Adopt the comments of the Meridian Water Department as follows: 1. The water department can provide adequate water supply for the new Middle School. Adopt the comments of Sanitary Service as follows: I. Waste enclosures have not been provided for. 10. It is found that ifthe developer pays for the requested improvements and complies FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 4 with the conditions set forth in these Findings of Pact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the requested zoning designation, R-4, and the requested land use, a public middle school, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Single Family Residential". Public schools are permitted uses in the R-4 zone. 13. It is not anticipated that the land to be annexed will be rezoned in the future. 14. It is found that the property will be developed in a manner consistent with the new zonmg. Public school uses are permitted uses in the R-4 zone. 15. It is found that there have been a number oflarge subdivisions proposed (and approved) in the general area, and they will produce the need for a new middle school in this area. 16. It is found that the proposed R-4 zoning and the school use will not change the existing or intended character of the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 5 17. It is not anticipated that the proposed public school use will be hazardous or disturbing to future or existing neighbors. 18. It is found that the property to be annexed can be served adequately by all essential public facilities and services. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed middle school use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 21. It is found that the annexation and development of the property will create interference with the existing traffic on Linder Road, however it is additionally found that the traffic will not be excessive. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. It.is found that the annexation of this enclave property would be in the best interest of the City. 24. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW I. 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 9 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 6 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: 4.A Goals I through 10, inclusive. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at 911-7-2 C as follows: (R-4) Low Densitv 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 ofthe R-4 District is to permit the establishment oflow 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 ofland. See Burt vs. The Citv ofIdaho 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, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 7 8. Pursuant to Section 11-16-4 A ofthe 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 40.48 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 40.48 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-0I3) Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet ofright-of-way from the centerline of Linder 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 the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet if right-of-way from the centerline of Linder 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 ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk on Linder Road abutting the parcel. If the sidewalk is located within 48 feet of right-of-way from centerline, the sidewalk shall be located within the new right-of-way located 2 feet from the property line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the applicant shall provide an easement for the sidewalk. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 5. Comply with all Standard Conditions of Approval. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 9 1. That a fire flow consistent with Appendix III-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 7. The facility shall be required to comply with the requirements of the 1997 Uniform Fire Code for educational facilities. Adopt the comments of the Meridian Water Department as follows: 1. The water department can provide adequate water supply for the new Middle School. Adopt the comments of Sanitary Service as follows: 1. Waste enclosures have not been provided for. 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 9 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 ofthe official boundaries and zoning maps as provided in Meridian City Code 9 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 10 Pursuant to Idaho Code 9 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 2 4T~ day of ~ ,2002. ROLLCALL COUNCILMAN KEITH BIRD VOTED~ VOTED-fj!:a.., VOTED~ COUNCIL WOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED ---f/!;- a...- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-2Jr~O'Z- VOTED MOTION: APPROVED~PROVED: ByJl~A~, 9- Dated: City Clerk SEAL Z:\Work\M\Meridian\Meridian 15360M\Meridian Middle School AZ02~Ol3\AZFfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page II