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HomeMy WebLinkAboutFarrington, Opal AZ-00-012BEFORE THE MERIDIAN CITY COUNCIL o8-o2-oo IN THE MATTER OF THE ) APPLICATION OF OPAL ) FARRINGTON, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 4.7 ACRES FOR THE ) ADDITION OF ONE MORE ) HOUSE, LOCATED AT THE ) NORTHWEST CORNER OF E. ) PINE AND N. ADKINS, ) MERIDIAN, IDAHO ) ) Case No. AZ-00-012 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 July 18, 2000, and continued until August 1, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition at the July 18, 2000, meeting, and at the August 1, 2000 meeting, Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Cecilia Brock, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012 appearing and testifying with comments or concems was: Bemadine Morgan, 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. 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 July 18, 2000, and continued until August I, 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 July 18, 2000, and continued until August 1, 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 FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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 zoning, 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area BoundaW. 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 ih full. 5. The property is approximately 4.7 acres in size and is located at the northwest comer of E. Pine and N. Adkins. 6. The owner of record of the subject property is Opal C. Farrington, of Meridian, Idaho. 7. : Applicant is owner of record. 8. : The property is presently zoned by Ada County as R-l, and consists of two single family dwellings. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered on all sides by city limits of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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 inducted 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: add one more house on the property. 14. The Applicant requests zoning of the subject real property as Low Density Residential District (R-4) 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 jurisdictionI 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 Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-0121) 16.1 The ACHD requires dedication fight-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30-feet into the site off East Pine. 16.2 16.3 16.4 16.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic servSce per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. 16.6 16.7 16.8 Applicant shall coordinate utility connections with Meridian Public Works Department. The Planning and Zoning Commission further recommends that the irrigation ditch shall be tiled and maintained by any way necessary on the property. A Development Agreement shall be required for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. 16.9: The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON ( z-0o-012) after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 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 protectedl which requirement shall be included in a development agreement if there are any future platting, right-of-way requirements, and any higher intensity zone that allows a greater number of uses. 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 cl~aracter 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 toi produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subiect 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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 ali 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. 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. 20.31 20.4 20.5 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 Comprehensive plan and the Zoning ordinances of the City to the subject application. 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 bdlanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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, since the applicant has extended 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 § 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 Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-0;2) 4.A 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 4.7 To encourage the ldnd 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 ctfltural educational and recreational facilities which will f'fll the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for senrices. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is designated as Mixed/Planned Use Development in the Comprehensive Plan Land Use Map. This designation allows all zones except single family zoning (R-4 and R-8). However, the Economic Development Chapter (pg. 17) does state that, "Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density, residential, offices..." Given the adjacent development and the fact that Danbury Fair Subdivision and Maws Subdivision were zoned R-8 (even though they also fell under the M/PUD designation in the Comprehensive Plan), the R-4 meets the inient of this "variable density" language. Inffll Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement." Also, policy 1.12, pg. 68, of the Housing Chapter states, "Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits." Goals Section Goal 4: To provide housing opportunities for all economic groups within the communityI Land Use Chapter 1.4U - 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-O0-O12) 2.1U - 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 residenfial areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighbothood's physical condition and enhance its quality of life for residents. 5.17U - A variety of coordinated, planned and compatible land uses are desirable for this area (Locust Grove Road and Fairview Avenue area), including low-to-high density residential, office, light industrial and commercial land uses. Transportation Chapter 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety :of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and! facility plans, which will maximize benefits to the residents, minimize conflicts and provide a fie-in between new residential areas and service needs. Community. Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of i~s surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoOds. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 6.1 IU - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C. as follows: (R4) 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 predominanfly 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 traits per acres and requires connection to the Municipal water and sewer systems of the City. 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 Burr 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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. 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 4.7 acres to L°w Density Residential District (R-4) is granted subject to the terms and conditions 6f this Order as follows: Adopt the Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 The ACHD requires dedication right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private driveway 30-feet into the site off East Pine. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance (No.12-4-13). The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public WorLs Department. Any existing domestic wells and/or septic systems within this proiect shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance. Any future subdivision or lot splits within the boundaries of the subject property shall require submittal of a plat application and all associated improvements (sidewalks, streetlights, drainage, etc.) shall be required at that time. Applicant shall coordinate utility connections with Meridian Public Works Department. The Planning and Zoning Commission further recommends that the ' irrigation ditch shall be tiled and maintained by any way necessary on the property. A Development Agreement shall be requi~ed for future platting, right-of- way requirements, and any higher intensity zone that allows a greater number of uses. The existing irrigation ditch on the property must be maintained including weed removal during the 2000 irrigation season. Further, the ditch must be tiled before the beginning of the 2001 irrigation season. In the event that the ditch is not tiled as required by the City Council, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) after notice to the applicant, water service to the property may be discontinued until such time as this condition is met. 2. The application is for annexation and zoning of 4.7 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. 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 C. 4. i 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012) 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 /~~d'~/' ,2000. ROLL Cat COUNCILMAN ANDERSON COUNClI~ BIRD 'COUNCILMAN deWEERD VOT~D_~~ VOTED__~u- cOLrNCE, MAN McCANDLESS VOTED_~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVE ']~A'--~'---~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attomey. By: ~f~f~.'~//~, ~ Dated: ~'/~-0~ City Clerk FINDINGS' OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON (AZ-00-012)