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HomeMy WebLinkAboutStaten Park Subdivision AZ-01-009BEFORE THE MERIDIAN CITY COUNCIL C/C 07/17/01 IN THE MATTER OF THE ) APPLICATION OF D' ALESSIO ) BUILDING & DEVELOPMENT, ) INC., THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 8.15 ACRES FOR ) PROPOSED STATEN PARK ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) N. BLACK CAT ROAD AND W. ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-01-009 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 17, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/STATEN PARK SUBDIVISION - (AZ-01-009 ) FINDINGS OF FACT The notice of public hearing on the application for annexation and Page zoning was published for two (2) consecutive weeks prior to said public heating scheduled for July 17,2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said heating; 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 17, 2001, public heating; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing reqnirements set forth in Idaho Code §§ 67-6509 and 67-65 ! 1, and Meridian City Code §§ i 1-15-5 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 Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-01-009 ) Page 2 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 8.15 acres in size and is located at the southeast corner of N. Black Cat ROad and W. Usticlc Road, Meridian, Idaho. The property is designated as Staten Park Subdivision. 6. The owner of record of the subject property is Stewart Terry and Verla Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705. 7. Applicant is D' Alessio Building & Development, Inc., whose address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713. 8. The property is presently zoned by Ada County as RUT, and consists of pasture land. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north and west by Ada County property, zoned RUT and to the south and east by the City limits zoned R-4. 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 defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/STATEN PARK SUBDIVISION- (AZ-01-009 ) Page 3 maturer: develop 23 single-family residential building lots and 5 other lots. 14. The Applicant requests zoning of the subject real property as R-4 ,vhich is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 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: Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and indusion of a pathway, a development agreement shall be required as a condition of annexation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 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, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The applicant shall not be required to tile the Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING DEVELOPMENT, INC/STATEN PARK SUBDIVISION- (AZ-01-009 Page 4 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscaping irrigation. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6 only meet this requirement on one side and shall reqnire directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taking the line length plus one- half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 18. 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. 19. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-O 1-009 ) Page 5 will not change the essential character of the affected vidnity 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. 20. It is found that the zoning of the subject 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 assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 21. 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: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- ' quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 21.2 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/STATEN PARK SUBDIVISION- (AZ-01-009 ) Page 6 21.3 The application is consistent with Meridian's self identity. 21.4 The preservation and improvement of the character and quality of Meridian's m0aYmade environment while maintaining its identity as a self-sufficient connnunity is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21.5 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 dearly identifiable. 21.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take iudicial 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-01-009 ) provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Tide 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 the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-01-009 ) Page 8 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. 5. The zonings of Low Density Residential District (R-4) are defined in the Zoning Ordinance at § 11-7-2 C. as follows: (R-4) 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 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 Mtmicipal water and sewer systems of the City. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible single-family residential development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING DEVELOPMENT, INC / STATEN PAl:U( SUBDIVISION - (AZ-01-009 Page 9 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 Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall 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 conwnitment 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-01-009 Page 10 hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 8.15 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for' annexation and zoning of 8.15 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 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, or lateral users association, with written confirmation of said approval submitted to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOK ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, ][NC / STATEN PARK SUBDIVISION - (AZ-01-009) Department. The applicant shall not be required to tile the Eight Mile Lateral. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscaping irrigation. Five-foot-wide sidewalks and pedestrian wallc, vays shall be provided in accordance with City Ordinance Section 12-5-2.K. Minimum frontage for lots in an R-4 zo. ne is 80 feet. Lots 1,3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taldng the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 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 § 11-7-2 C. 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 botmdaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/STATEN PARK SUBDIVISION - (AZ-01-009 ) Page 12 zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the gover~ng body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and wh6 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 ~'r~_._ day of ~oc~--- ,20ol. ROLL CALL COUNCILMAN RON ANDERSON VOTED_~R'-~ COUNCILMAN ICEITH BIRD VOTED_~Z~,.--- COUNCILWOMAN TAMMY deWEERD VOTED__~ COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/BY D' ALESSIO BUILDING DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-01-009 Page 13 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~fl~-d~'-O/ VOTED MOTION: APPROVED:_~ DISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: \XNPA_NTS40_PDCXSERVER_Z~Work~4kMeridian~V[eridian 15360IvKqtaten Park Sub VARI 012~ZFfClsOrder.doc _= FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PAR/( SUBDIVISION - (AZ-01-009) Page 14