HomeMy WebLinkAboutBritton, Betty Lou AZ 02-025
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 6.24 ACRES,
LOCATED ON THE NORTH SIDE
OF USTICK ROAD, WEST OF TEN
MILE ROAD, MERIDIAN, IDAHO
BETTY LOU BRITTON,
APPLICANT
C/C 11-19-02
Case No. AZ-02-025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on November 19, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Department, Betty Lou Britton, and Rod Ralphs, 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 SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 6.24 acres in size, is located on the
north side of Us tick Road, west ofTen Mile Road, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area.
4. The owner of record of the subject property is Betty Lou Britton, 3680 W. Ustick
Road, Meridian, Idaho; and the applicant is owner ofrecord.
5. The property is presently zoned by Ada County as RUT, and consists of one single
family residence.
6. The Applicant requests the property be zoned as C- N, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as Mixed Use-Wastewater Treatment Plant (MUWTP).
7. The subject property is bordered to the north by pasture/rural land zoned RUT, to
the south by single-family residential zoned R-4, to the east by single-family residential zoned R-
2, and to the west by single-family residential zoned RUT.
8. There are no significant or scenic features of major importance that affect the
consideration ofthis application.
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 ifthe following conditions of development are imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
1. Remove any existing wells and/or septic systems within this project from their domestic
service, per City Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation.
2. The development of this property shall be in compliance with all City Code in effect at
the time of development. A Conditional Use Permit is required for any future
development ofthis property.
3. All livestock currently being maintained on the property shall be allowed to continue on
the subject property until such time that the livestock use of the land ceases for a period
of one year, or if the land use changes from residential to a new commercial use.
4. The existing house has been connected to the sanitary sewer and water systems ofthe
City of Meridian recently. These emergency connections were made via a staff level
approval, wherein annexation is required.
5. Applicant has agreed to limit the number and type of livestock upon the land to that
currently living upon the land at the time ofthis application, which are a total ofthree
animals.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. If the rezone is approved and the District receives a development proposal, the District
intends to provide site-specific requirements that apply upon District review of future
development. The Findings for Consideration cover a portion of the District policies that
will pertain to any development proposal for this site.
2. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction ofthe proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant ofthe Applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the Applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
10. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
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.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
13. It is found that the zoning of the subject real property as Neighborhood Business
District (C-N) 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 Use-Wastewater Treatment Plant (MUWTP).
14. The existing single-family residential use would be allowed to remain as a legal
non-conforming use even if the property is rezoned to a zoning designation other than residential.
All future re-development of this property will be required to obtain a Conditional Use Permit
prior to development, per the MCC and the Meridian Comprehensive Plan's requirements.
15. The applicant has no plans to develop the subject property at this time, but has
received an offer for the purchase of her property.
16. It is found that the proposed zoning will not be hazardous or disturbing to existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
or future neighboring uses, furthermore all future uses will be required to obtain a Conditional
Use Permit prior to development.
17. It is found that the property to be annexed will be served adequately by all
essential public facilities and services.
18. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
19. It is found that the proposed zoning/use will not increase traffic, noise or other
nuisances that would be detrimental to the general welfare of the surrounding area.
20. It is found that there will be no new proposed vehicular approaches to the
property.
21. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and rezone.
22. It is found that the annexation of this property would be in the best interest ofthe
City.
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 witbin the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code S 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
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 zoning of Neighborhood Business District (C-N) is defined in the Zoning
Ordinance at S 11-7-2 H as follows;
(CoN) Neil!hborhood Business District: The purpose of the CoN District is to permit the
establishment of small scale convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as defmed by the policies of the
Meridian Comprehensive Plan); to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid intrusion of such uses into the
adjoining residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of the City, and
shall not constitute all or any part of a strip development concept.
5. 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).
6. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances ofthe 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 ofthe City of Meridian.
7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
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 6.24 acres to
Neighborhood Business District (C-N) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of6.24 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be subject to de-
annexation, with the City of Meridian, which provides for the following conditions of development,
to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
1. Remove any existing wells and/or septic systems within this project from their domestic
service, per City Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape irrigation.
2. The development of this property shall be in compliance with all City Code in effect at
the time of development. A Conditional Use Permit is required for any future
development of this property.
3. All livestock currently being maintained on the property shall be allowed to continue on
the subject property until such time that the livestock use of the land ceases for a period
of one year, or if the land use changes from residential to a new commercial use.
4. The existing house has been connected to the sanitary sewer and water systems of the
City of Meridian recently. These emergency connections were made via a staff level
approval, wherein annexation is required.
5. Applicant has agreed to limit the number and type of livestock upon the land to that
currently living upon the land at the time of this application, which are a total of three
animals.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. If the rezone is approved and the District receives a development proposal, the District
intends to provide site-specific requirements that apply upon District review of future
development. The Findings for Consideration cover a portion ofthe District policies that
will pertain to any development proposal for this site.
2. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the Applicant of the Applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the Applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the Applicant in the planned use of the property which is the subject ofthis
application, shall require the Applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the Applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/ variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
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 (C-N) Neighborhood Business District, and Meridian City Code S 11-7-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S
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 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 3 rd.... day of
/).ecern-~
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED~A.-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED; /Z-~-Oz..
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)
MOTION:
APPROVED~ DISAPPROVED;
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025)