HomeMy WebLinkAboutPackard Estates MI 02-011
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST TO REMOVE CERTAIN
PARCELS FROM THE CITY OF
MERIDIAN'S AREA OF IMPACT
FOR THE PROPOSED DUNBAR
ESTATES SUBDIVISION IN AN
RUT ZONE LOCATED ON THE
SOUTH SIDE OF USTICK ROAD,
WEST OF CLOVERDALE ROAD,
MERIDIAN, IDAHO
PACKARD ESTATES DEV., L.L.C.
APPLICANT
C/C 03/11/03
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CASE NO. MI-02-011
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING
THE REQUEST FOR CHANGE OF
MERIDIAN'S AREA OF IMPACT
The above entitled matter coming on regularly for public hearing before the City
Council on March 11,2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East
Idaho, and Brad Hawkins-Clerk Interim Planning Director for the Planning and Zoning
Department, Brad Watson of the Public Works Department, Becky McKay, Craig Groves, Gary
Allen, and Fitzroy Belcher, appeared and testified, and the City Council having received a report
from Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Technician III, and the City Council having received as part
of the record of this matter the recommendation to City Council of the Planning and Zoning
Commission, makes the following:
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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FINDINGS OF FACT
I. The subject properties are located approximately Y. mile west of Clover dale Road
and south of Us tick Road, within Section 4, T.3N, R.IB., Meridian, Idaho.
2. The owners ofrecord of the subject properties and based on Ada County Assessor
records (as of October 2002), the five (5) subject parcels are currently owned by the following
parties: Ustick 36, LLC, 6874 Fairview Avenue, Boise, Idaho 83704; William & Melvina Grant,
2525 N. Cloverdale Rd., Boise, Idaho 83713; Archie Wood, 4036 E. Granger Lane, Meridian, Idaho
83642; Virgil & Auna Smitchger, 4315 E. Ustick Rd., Meridian, Idaho 83642; Jim & Erma
Mittleider, 4075 E. Granger Lane, Meridian, Idaho 83642.
3. Applicant is Packard Estates Development, LLC, 6223 N. Discovery Way, Suite
120, Boise, Idaho 83713.
4. The subject property is located in Ada County and is zoned RUT.
5. The Applicant requests the Miscellaneous Application to remove certain parcels
from the City of Meridian Area of Impact. The Applicant, Packard Estates Development, is
proposing to amend the Area of City Impact boundary between the City of Meridian and Boise
City. The request is to remove the subject 75.80 acres from the City of Meridian's area and be
added to Boise City's area. There are five (5) separate parcels involved in the application, all
currently under separate ownership. A Purchase and Sale Agreement, with Packard Estates listed
as the buyer, was submitted with the application. The parcels are currently in Ada County and
have contiguity with Boise City on the north, but not with Meridian's corporate limits. According
to the Applicant's 10-8-02 cover letter, Boise City has extended sewer down Ustick Road and
Cloverdale Road and a sewer trunk line is currently being installed across the 20 acre parcel
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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abutting the east boundary of the subject parcels. City of Meridian domestic water is currently in
N. Eagle Road at the boundary of Stokesberry Subdivision, and in Ustick Road, approximately
450 feet west of the Duane Drive intersection. Sanitary sewer will be available to the east side of
Eagle RoadlSH 55 at the Leslie Drive intersection by approximately May I, 2003, which could
be extended east to serve the subject parcels.
6. The City Council, at their September 3, 2002 Pre-Council meeting, briefly
discussed the subject request to be removed from Meridian's Area oflmpact. The Council at that
time recommended the Applicant submit a formal Miscellaneous Application.
7. Idaho Code 67-6526 and Meridian City Code 1-11 establish the basis for Area of
City Impact negotiations and renegotiations. Before an Area of Impact can be adjusted, the P&Z
Commission of a city must make a recommendation to the governing body and, subsequently, the
two governing bodies must meet to negotiate or renegotiate the boundary. If an adjustment is
proposed by a private party, the City of Meridian requires applicants to submit a Miscellaneous
Application. This application is necessary to meet State Code and City requirements for change
to the Area of Impact and begin the renegotiation process with Ada County. All such
applications must meet the same notice and hearing requirements as other development
applications within the City.
8. The subject property is surrounded to the north, south, east and west as follows:
North - Providence Place Subdivision, zoned Rl C (Boise City), and undeveloped parcels (Boise
City Area oflmpact)
South - Clover Meadows Subdivision, I-acre lots, within Meridian's Area oflmpact, zoned
RUT (Ada County)
East - Briarwood Subdivision, I-acre lots (Boise City Residential) and large, undeveloped
parcels (Boise Area of Impact)
West - Perkins Brown Subdivision, 1.5 to 2.5 acre lots, zoned RI and RUT (Ada County) and
other rural residential, unplatted parcels within Meridian's Area oflmpact (zoned RUT)
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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9. While Idaho Code 67-6526 cites these as factors when determining a city's Area
of Impact (in the broader sense), they can be considered for individual applications as well. In
terms of Trade area, it could be argued that since three of the four corners at the UsticklEagle
intersection are within Meridian's Area oflmpact (all designated for regional mixed use), the
dominant commercial trade in the immediate vicinity will be within Meridian's future taxing
district. While Cloverdale Road is the nearest north/south arterial to the subject parcels (114
mile), it is anticipated that Eagle Road/SH 55 (3/4 mile distance) will, at build out, offer a higher
degree of retail services than Cloverdale. Additionally, the Meridian Crossroads Shopping Center
serves as a regional retail destination, including this area, which lies less than two miles to the
north of said shopping center.
10. Geographically, all of the land on the south side of Us tick between Eagle and the
y. mile line west of Clover dale is within Meridian's area, as is the land on the west side of Eagle
Road for a Y. mile north of Us tick. Arguably, this land section and contiguous sections fall within
an interface area where Boise City and the City of Meridian already merge. There is no defining
geography to distinguish between the jurisdictions in this area.
11. In terms of the reasonableness of annexation, the land could be immediately
annexed by Boise City since their corporate limits are contiguous to the north. On the other hand,
it is "reasonably expected to be annexed" into Meridian, depending upon the path of annexation
and how property owners choose to sell and/or develop to the west and south. Given the
extension of Meridian's South Slough sewer trunk within the next six months and the
development this will likely attract to the east side of Eagle RoadlSH 55, a path of annexation is
anticipated to be more likely and possible to achieve.
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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12. The above [mdings (9 and 11) can be found in favor of the City of Meridian while
I 0 is a neutral finding.
13. Another important factor to consider is the ability to serve the property with urban
services. Until recently, the Public Works Department could not provide specific estimates of
when the South Slough Sewer Trunk extension might serve this area. However, this sewer
project is currently under construction, and should be completed by late Spring 2003. Domestic
water is already in Ustick Road approximately 1,000 feet west of the parcel. So, assuming the
South Slough project maintains its timeframe, the primary roadblocks to development of this
property within Meridian would be obtaining a path of annexation and route for bringing the
sewer to the site from Eagle Road.
14. The Public Works Department staff from Boise City and the City of Meridian
have been in discussions recently to consider a single adjustment to the common impact area
line. The discussions have centered on each jurisdiction's ability to provide services to the
parcels along the common line. Staff proposes a single adjustment to the impact area with
mutual agreement from both municipalities, rather than piece meal adjustments.
15. For clarification, the existing boundary at Y. mile west of Cloverdale Road has
been in place since 1993, when the City of Meridian's Comprehensive Plan Future Land Use
Map was adopted. To Staffs knowledge, this is the first application to amend the Area of Impact
boundary in this location.
16. It is found that denial of this request for a change to the Area of Impact is based
on the above issues. The majority of land within the proposed Dunbar Estates lies within the
current City of Meridian Area of Impact. There has been no strong evidence presented within the
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011 - 5
application to justify removal of75 acres from Meridian's area. While development may require
some delay as compared to development within Boise's Area ofImpact, the City will be able to
offer services to this section within the required ten (10) years, as stipulated by Ada County.
17. The City Council recognizes the correspondence letter from James G. Reid,
attorney for Jim V. and Erman Jean Mittleider, dated November 26,2002, the facsimile
transmittal from Alan Durkheimer, dated 2120103, and the correspondence letter from Dale and
Helen Sharp, dated March 5, 2003, and the correspondence letter from Gary G. Allen, attorney
for Alan Durkheimer, dated March 11,2003.
18. It is found that two out of the three sites are in the North Ada County Fire &
Rescue District that Boise Fire is presently handling, and that the third site is in the Meridian
Rural Fire Protection District. With fire station #3 being built this year, and located just 2.5
miles from the subject property, service to this area would be in a timely manner, but until the
area is annexed into the City of Meridian, it will be difficult for both Boise Fire Department and
Meridian Fire Department Captains to determine who has jurisdiction.
CONCLUSIONS OF LAW
1. Denial of this request for change of the area of impact is based upon avoidance of
piece meal boundary adjustments, serviceability of the sewer and water to the property, and
issues over police and fire protection for this area. The South Slough Sewer Trunk extension is
currently under construction and is due to be completed by late Spring 2003, and upon
completion could service the area. Domestic water is already in Ustick Road approximately
1,000 feet west of the parcel. Police and fire protection could be provided. Removal ofthis
parcel from Meridian's area of impact and the inclusion of this property within Boise's area of
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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impact is not a logical solution. Considering Trade Area, Geography, and Reasonableness of
Annexation within a reasonable time, adjustment of the boundary of the area of City impact as
requested by applicant is not justified.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. After reviewing the recommendations, findings, conclusions, and testimony in this
matter, the applicant is hereby denied the request to remove certain parcels from the City of
Meridian's Area ofImpact for the proposed Dunbar Estates Subdivision, based upon the fact that
a single adjustment to the common impact area line (with mutual agreement from both
municipalities), would be preferred; the existing boundary at Y. mile west of Cloverdale Road has
been in place since 1993, when the City of Meridian's Comprehensive Plan Future Land Use
Map was adopted; that serviceability of the sewer and water to the property, and police and fire
protection, can be provided for this area by Meridian within the next six months. That the South
Slough Sewer Trunk extension is currently under construction and is due to be completed by late
Spring 2003, and upon completion could service the area. Domestic water is already in Ustick
Road abutting the parcel. Therefore, removal of this parcel from Meridian's area of impact and
the inclusion of this property within Boise's area of impact is not a logical solution. Considering
Trade Area, Geography, and Reasonableness of Annexation within a reasonable time, adjustment
of the boundary of the area of City impact as requested by applicant is not justified.
By action of the City Council at its regular meeting held on the 2. 7'{bday of
111 tX/1.Cft.." , 2003.
REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-011
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ROLL CALL
COUNCILMAN BIRD
VOTED$<--
COUNCIL WOMAN McCANDLESS
VOTED*"'-'
VOTED ;tlJ~
COUNCILWOMAN deWEERD
COUNCILMAN NARY
VOTED~
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MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
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REQUEST FOR CHANGE OF MERIDIAN'S AREA OF IMPACT FOR MI-02-0ll
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