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HomeMy WebLinkAboutFindings (J S~MORROW & GIGRAY, P.A. WHITE, PETERSON, PRoS ~ NAMPA OFFICE JULIE KLEIN FISCHER 200 EAST CARLTON AVENUE 104 NINTH AVENGE SOUTH WM. F. GIGRAY, Iii POST OFFICE BOX 1150 POST OFFICE BOx 247 BRENT J. JOHNSON MERIDIAN, IDAHO 83 680-1 1 50 NAMPA, IDAHO 83653-0247 D. SAMUEL JOHNSON WILLIAMA. MORROW TEL. 208)466-9272 FAX (~O8) 466-4405 WILLIAM F. NICHOLS CHRISTOPHER S. NYE TEL (208) 288-2499 FAx (208) 288-2501 PLEASE REPLY TO PHILIP A. PETERSON STEPHEN L. PRUSS MERIDIAN OFFICE ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M.SWARTLEY TERRENCE R. WHITE May 24, 2000 j~jj,(JETZTL~~ To: Staff MAY 2 6 2000 A pplicant ~ fected P A roperty Owner(s) CITY OF MERIDIAN Re: Application Case No. AZ-00-009 (Revised) H-earing Date: June 6, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please replace this revised Recommendation of AZ-00-009 from the previous one that was submitted. Please note an additional last sentence has been added to the last page, last sentence. Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findinggs and Recommendations of the Planning and Zoning Commission, and be pre ared to state your position on this application by addressin the Findin s and Recommendations of the Planning and Zoning commission; an~ 2. That you carefullyy complete (be sure it is leggible) the Position Statement if you disa ree with the Findings andRecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to :the Mayor, Council, Planning and Zoning Administrator, Public Works and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ve truly rs, t ney's ffi e ly/Z:\Work\M\Meridian 15360MWutumn Faire Sub AZ and PP\TransmittalPZRecs.Ltr • • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR PROPOSED AUTUMN FAIRE SUBDIVISION TO R-4 BY GEM STAR PROPERTIES, LLC Case No. AZ-00-009 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 100.9 acres in size and is located at the southwest corner of Blaclc Cat and Ustick Road. The property is designated as Autumn Faire Subdivision. 2. The owner of record of the subject property is Langley Farms Limited Partnership, of c/o Stella McNealy, Meridian, Idaho. 3. ,Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 4. The property is presently zoned by Ada County as RT, and consists of agricultural .property. 5. The Applicant requests the property be zoned as R-4 Low Density Residential. 6. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: single family residential subdivision. 10. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 .Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13) . 1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. 1.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 1.7 ,Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 1.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1,9 As a condition of annexation, applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 1.10 Applicant shall be required to enter into a development agreement for this project. 1.11 Once the Black Cat Sanitary Sewer Trunlc fee is established and approved by the Meridian City Council, such fees would be applied to RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 1.12 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. The Planning and Zoning Commission further recommend that the well lot be designated access to the north parcel and access to the southeast quarter. The parcel south of the drain be included to work with staff on a 4-8 acre park site before going to City Council. Further, the Planning and Zoning Commission recommends that the out parcels be annexed. Z:\Work\M\Meridian 15360M\Autumn Faire Sub AZ and PP\AutumnFaireAZRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • June 2, 2000 AZ 00-009 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT Gem Star Properties, LLC ITEM NO. REQUEST Annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision -southwest corner of Black Cat and Ustick Roads AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached PZ minutes See attached recommendations ~~,M,,' P`~ ~,~ h/ r^' (1 ,gyp BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become properly of the City of Meridian. l{~~oz5b ~~'~ f~P ~ A~~o~afcs v~- ~~ • • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR PROPOSED AUTUMN FAIRE SUBDIVISION TO R-4 BY GEM STAR PROPERTIES, LLC Case No. AZ-00-009 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 100.9 acres in size and is located at the southwest corner of Blaclc Cat and Usticlc Road. The property is designated as Autumn Faire Subdivision. 2. The owner of record of the subject property is Langley Farms Limited Partnership, of c/o Stella McNealy, Meridian, Idaho. 3. Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 4. The property is presently zoned by Ada County as RT, and consists of agricultural property. 5. The Applicant requests the property be zoned as R-4 Low Density Residential. 6. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • ~ 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: single family residential subdivision. 10. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Any existing imgation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. 1.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 1.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 1.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1.9 As a condition of annexation, applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 1.10 Applicant shall be required to enter into a development agreement for this project. 1.11 Once the Blaclc Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees would be applied to RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -AUTUMN FAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC • • each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 1.12 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. The Planning and Zoning Commission further recommend that the well lot be designated access to the north parcel and access to the southeast quarter. The parcel south of the drain be included to work with staff on a 4-8 acre park site before going to City Council. Z:\Work\M\Meridian 15360M\Recommendations\AutumnFaireAZRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -AUTUMN PAIRE SUBDIVISION -GEM STAR PROPERTIES, LLC ~ ~ p~~«~, ~~~gcoa June 15, 2000 AZ 00-009 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Gem Star Properties ITEM NO. 9 REQUEST Continued public hearing from June 6, 2000 -Annexation and zoning of 101 4 acres from RT to R-4 for proposed Autumn Fair Subdivision - sw corner of Black Cat and Ustick Roads AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLIO DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: S L~ ~~~ GQ. re~d;,y~yy~p~da,~~ S i~ ~~F, ~ ~`r";~ ~~~ ~~" Materials presented at public meetings shall become property of the City of Meridian. ~~f~ 62~ ~,v~ ~~ce, ~ • ~1 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 ~ day of ~2,0 T~~~- , 2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-/g ~'D~ VOTED-~~~ VOTED_~~~t.- VOTED_Z~~ VOTED_z~~ VOTED MOTION: APPROVED: SAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Publ~~,~~!V~o fks ~S11t~ ~~~ Department and the City Attorney. ~.~;~ ~ ,~~ .~ gy; ~--- Dated: City Clerk 9-/9-ao msg/Z:\Work\M\Meridian\Meridian 15360M\Autumn Faire Sub AZ and PPWZFf>rlsorder.wpd ~ r~ y ~.' ~~~L s ~If~i~~iil~1$#Rb~t~~S FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAYRE SUBDIVISION (AZ-00-009) ~ ~R,ECEIVE~ interoffice M E M O R A N D U M CITY ('LERK OFFI(~E To: William G. Berg, Jr., ity Clerk From: Wm. F. Nichols Subject: GEM STAR P OPERTIES, LLC DENIAL FOR PROPOSED AUTUMN FAIRE SUBDIVISION File: AZ-00-009 Date: June 26, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL for the annexation and zoning pertaining to the above matter. Please note this application was denied at the June 20, 2000, City Council meeting. These Findings are now ready to be placed upon the City Council's July 5, 2000, meeting agenda. If you have any questions please advise. msg/Z:\Worlc\M\Meridian 15360M\Autumn Faire Sub AZ and PP\CityClkFfClsdenial.ltr Meridian City Council Meeti~ September 19, 2000 Page 2 100 vehicles by Ada County Highway District currently in a C-G zone -southwest corner of Meridian Road and northeast corner of Overland Road: Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC -southwest corner of Black Cat and Ustick Roads: Item G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Item H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit -East 1St and East Pine Avenue: Item I. Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch .Village planned-unit development by Steiner Development, LLC -south of Ustick Road and east of Black Cat Road: Item J. Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: Item K. Findings of Facts and Conclusions of Law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned-unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development -south of Ustick Road and east of Black Cat Road: Item L. Findings of Facts and Conclusions of Law: VAR 00-017 Request for variance from the maximum 1,000-foot block length for Bear Creek Subdivision by Briggs Engineering -east of Stoddard Lane and south of Overland Road: y Meridian City Council Meetin~ • September 19, 2000 Page 3 Item M. Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 10, The Lakes at Cherry Lane No. 6, by Ron Leslie: Item N. Findings of Facts and Conclusions of Law: VAC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No. 9 by Glenn Blaser -east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: Item O. Findings of Facts and Conclusions of Law: VAR 00-013 Request for a variance of the 1,000-foot maximum block length for proposed Bridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone -north of Ustick Road and east of Ten Mile Road: Item P. Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision -north of Ustick Road and east of Ten Mile Road: Item Q. Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LLP -north of Ustick Road and east of Ten Mile Road: Item R. Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct aplanned-unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Item S. Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: ' Item T. New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road: Item U. Resolution No. 336: For first addendum for franchise agreement to perform solid waste collection for SSI to provide for the addition of recycling program: Meridian City Council Meetin~ September 19, 2000 Page 4 Item V. Resolution No. 337: To provide for the increase in rates and set solid waste collection rates: Corrie: Okay, Council. You have the Consent Agenda in front of you. What would you like to do with that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item B we'd like to table to October 3, 2000; Item D tabled to October 3, 2000; We'd like to pull Item F to 1 F on the regular agenda; pull Item G to 1 G on the regular agenda; pull Item H to 1 H on the regular agenda; and U, the number is 336, Resolution No. 336; and V is Resolution No. 337. With that I would make a motion that we approve the Consent Agenda as noted. McCandless: I'll second. Corrie: Motion made and seconded to approve the Consent Agenda with Item B being tabled until October 3rd and Item D to October 3rd and F, G and H would be pulled and be the first items on the regular agenda. Is there any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC -southwest corner of Black Cat and Ustick Roads: Corrie: Now, the Regular Agenda. We will take up Item F which is pulled from the Consent Agenda. This is the Item -Findings of Facts Conclusion of Law: AZ 00-009 -request for annexation and zoning of 101.4 acres from RT to R-4 for Autumn Faire Subdivision. Staff, comments. Nichols: Mr. Mayor, members of the Council. The revisions to the proposed findings after I received a letter from the attorney for the applicant pointed out some corrections that needed to be made. I can go through those fairly quickly. This is on the annexation and zoning. Page 1, we had incorrectly listed Langley Farms as the applicant, when in fact it was Gem Star Properties, so we made that correction. Then down to page 6 -what previously was Item 16.8 and 16.10 in the previous ones were duplications, so we just left 16.8 and moved the rest of them up. Then, the next item, which was also on page 6, which is Item 16.13 in the revised findings, they wanted us to designate where this pathway was going January 11, 2001 AZ 00-009\ MERIDIAN CITY COUNCIL MEETING January 16, 2001 APPLICANT Gem Star Properties ITEM NO. 3-D REQUEST Development Agreement - AZ of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision - SWC of Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached signed D/A ~,~' mr~` ~~ p~ ~p~~1~T~ ~~ ~ a ~" of OTHER: Contacted: ~j' ~(-} ~t~le(~ Date: ( (Z ~~ Phone: ~S~-0~~0 Matetlals presented at pub8c meetings shall become properly of the CNy of Meridian, NOV ~ 1 c~;~1U September 15, 2000 Cii s ~~ ~~g-'~ri~~~ AZ 00-009 PLANN~G ~ ZONING MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Gem Star Properties ITEM NO. F REQUEST Tabled from September 5, 2000 - Fndin s - PP approval for 78.4 acres from RT to R-4 for proposed Autumn Faire Subdivision - SWC Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNtY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Previous Item Packet ~~~~ ~~~ 0 ~~ ~~~ ~~ G ~ -~ w ~~ ~v6~ ~- ~ r "~. <<p~ ~~ u'~-~~'" t~~`~ l~ '~ ~` Date: '"I l~~ Phone: ~~~©z~j ~o Materials presented at public meetings shall become properly of the City of Meridian. • August 10, 2000 AZ 00-009 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Gem Star Properties, LLC ITEM NO. 5 REQUEST Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous Item packet ~~P~~~p ~`~t c~ OTHER: o Contacted: ~( Q{~' ~,~j~,{~ Date: D ~ (~' Phone: q'Gjq-- d2~j(p Mafertals presented of public meetings shall become property of the City of Meridian. • • JUIy ~13, 2000 AZ 00,009 MERIDIAN CITY COUNCIL MEETING ,lUly 18, 2000 APPLICANT Gem Star Properties, LLC ITEM NO. REQUEST Tabled from 7/5/00 -Findings - AZ of 101.4 acres from Rt to R-4 for proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous Item Packet p~ ~ i~~~ k Q,~~ ~ ~~ ~ wB Y~, Contacted: G~ N' ~~'j~; v~Cl Q~..-G~, Date: ~ ~'~ Phone: ~G~~ - t~~:~ ~' Materials presented at public meetings shalt become property of the City of Meridian. • • July 28, 2000 AZ 00-009 MERIDIAN CITY COUNCIL MEETING JUIy 5, 2000 APPLICANT Gem Star Properties, LLC ITEM NO. F REQUEST Findings for Denial - AZ of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings ~1~~/O ~~ OTHER: Contacted: ~(~{-f- ~~,~~Q,(~ Date: ~ ~d Phone: ~v~4 - ~2~~' Materials presented at pubtlc meetings shall become property of the City of Meridian. • • RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND GEMSTAR PROPERTIES, L.L.C. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GEMSTAR PROPERTIES, L.L.C., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GEMSTAR PROPERTIES, L.L.C., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and GEMSTAR PROPERTIES, L.L.C., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-00-009) - 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK msg/Z:\Work\NI\Merid;an\Meridian 15360MVlutumn Faire Sub AZ and PP\Resolution Resolution (AZ-00-009) - 2 of 2 ~ ~ BEFORE THE MERIDIAN CITY COUNCIL 06-26-00 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR THE PROPOSED AUTUMN FAIRE SUBDIVISION, TO R-4, LOCATED AT THE SOUTHWEST CORNER OF BLACK CAT AND USTICI~ ROAD, MERIDIAN, IDAHO Case No. AZ-00-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BY GEM STAR PROPERTIES, LLC. The above entitled annexation and zoning application having come on for public hearing on June 6, 2000, and continued until June 20, 2000, at the hour of 7:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Dean Langley, appeared and testified, and appearing and testifying on behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying with comments/concerns or in opposition was: Lorinda Williams, 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 -Page 1 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • • 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 June 6, 2000, and continued until June 20, 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 .(300') feet 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 June 6, 2000, and continued until June 20, 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 forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • Meridian, 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. 4. The property is approximately 100.9 acres in size and is located at the southwest corner of Blaclc Cat and Ustick Road. The property is designated as Autumn Faire Subdivision. 5. The owner of record of the subject property is Langley Farms Limited Partnership; of c/o Stella McNealy, Meridian, Idaho. 6. Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 7. The property is presently zoned by Ada County as RT, and consists of agricultural .property. 8. The Applicant requests the property be zoned as R-4 Low Density Residential. 9. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • • 12. The Applicant proposes to develop the subject property in the following manner: single family residential subdivision. 13. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The City Council found at its June 20, 2000, meeting that Applicant did not give adequate guarantees to the future park site for the proposed development pertaining to the immediate plans for development; development for the surrounding land around the park needs a plan, and it is indefinite when any roads around the park site would be built. 16. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, given the subject development proposal. 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 Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECTSION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City 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 requested zoning of Low Density Residential District, (R-4), is 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 Municipal water and sewer systems of the City. 5. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 6. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: FINDINGS' OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • • "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 7. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional :use permits" ....when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. 9. The provisions of I.C. § 50-222 govern the conditions upon which the City mat exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • 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) That the application for annexation is denied. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 being a person who has an :interest in real property which may be adversely affected by the denial of the annexation and zoning 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 day of 2000. ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) • COL7NCILPERSON DeWEERD COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: • VOTED VOTED VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: Dated: City Clerlc ms~f Z:\Work\M\lYleridian 15360M\Autumn Faire Sub AZ and PP\FFCLOrdAZDENIAL FINDINGS: OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER OF DENIAL / GEM STAR PROPERTIES, LLC -PROPOSED AUTUMN FAIRE SUBDIVISION (AZ-00-009) BEFORE THE MERIDIAN CITY COUNCIL Revised C/C 08-15-00 IN THE MATTER OF THE APPLICATION OF GEM STAR PROPERTIES, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR AUTUMN FAIRE SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS, MERIDIAN, IDAHO Case No. AZ-00-009 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 2000, at the hour of 7:30 p.m., and at the June 6, 2000 meeting,-Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the partner of the owner, Gem Star Properties, appeared and testified, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying with comments/concerns or in opposition was: Linda Williams, and at the August 15, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Scott Stanfield of Earl SL Associates, and Susan Wildwood, and appearing and testifying with comments or concerns were: Linda Dettero, Monty Janicek, and Dean Langley, 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 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 (1 S) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 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 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, 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. 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 in full. 5. The property is approximately 100.9 acres in size and is located at the southwest corner of Black Cat and Ustick Road. The property is designated as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) Autumn Faire Subdivision. 6. The owner of record of the subject property is Langley Farms Limited Partnership, do Stella McNealy, Meridian, Idaho. 7. Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of agricultural property. 9. The Applicant requests the property be zoned as R-4 Low Density Residential. 10. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. 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 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: single family residential subdivision. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 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 Reccimmendations of the Planning and Zoning and Engineering staff as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. l l -13) . 16.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) C~ 16.6 All signage shall be in accordance with the standards. set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 16.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 16.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.9 Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 16.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 16.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 16.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 16.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to accommodate the 30 foot pathway the affected lots shall be shortened in depth by 10 feet. 16.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 16.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the park land has been conveyed and accepted by the City. 16.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 16.17 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 16.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No. 2 or an alternative site in Autumn Faire No. 1. 16.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 16.20 If, at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6.8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 16.21 Applicant, at its expense, will provide stubbed street, sewer and water to ariy proposed park site during construction of Phase Five of Autumn Faire. 16.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 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 protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 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 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. 19. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) Generalized Land Use Map which designates the subject property as Single Family Residential. 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 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. 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. 20.3 The application is consistent with Meridian's self-identity. 20.4 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 ordinance of the City to the subject application. 20.5 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 clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends 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: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 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 aself-sufficient community. 4.6 To encourage cultural, educational and recreational 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) ~~ 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. 4.B Comprehensive Plan Policies: The policies listed below most directly apply to the proposed project: Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and low- density development in outlying areas (Comp. Plan Policy 1.4U, pg. 23). Residential developments shall be phased in accordance with their connection to the municipal sewer system (Comp. Plan Policy 1.7, pg. 67). 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 CH 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 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 of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 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. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 1. The applicant's request for annexation and zoning of approximately 100.9 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 100.9 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: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) Zoning and Development Ordinance (Ord. 11-13 ). 3.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. 3.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 3.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 3.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.9 Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 3.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees -shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 3.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 3.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 3.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) accommodate the 30 foot pathway the affected lots shall be shortened in depth by 10 feet. 3.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 3.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final plat for proposed Phase Five.. The letter of credit will expire when the park land has been conveyed and accepted by the City. 3.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 3.17 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 3.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No. 2 or an alternative site in Autumn Faire No. 1. 3.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 3.20 If; at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6.8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • i park site has not been donated, then, -the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 3.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 3.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 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 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 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 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 -~~ ~ - day of ~e,0 T~w~- , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED-~~~ COUNCILMAN KEITH BIRD VOTED_~~~- COUNCILWOMAN TAMMY deWEERD VOTED_Z~~ COUNCILWOMAN CHERIE McCANDLESS VOTED_z~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: -/ -~~ ~~ MOTION: APPROVED: SAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Publ~~,~~!Vro lks ~ . Department and the City Attorney. ~ ~ ~ .,~'~``~14tp~r fi~'F',, By: ~--- Dated City Clerk 9-/9-do msg/Z:\Work\M\Meridian\Meridian 15360M\Auturtm Faire Sub AZ and PP\AZFt~lsorder.wpd c r "' ~~~L ~ ~~ fl '~9Q ~'3r 15~..~ ~` ~`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAYRE SUBDIVISION (AZ-00-009) MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 •Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 •Fax 888-6854 REcENEL) City of Meridiat~~. MEMORANDUM• ~;itV Clerk (lffi~~ May 5, 2000 ' ,11~-,-,1 ~ ~ ~3 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technicia Brad Hawkins-Clark, Planner ~N~ Re: AUTUMN FAIRE SUBDIVISION - Request for Annexation and Zoning of 100.9 Acres from R-T to R-4 by Gem Star Properties, LLC (File AZ-00-009) - Preliminary Plat of 78.4 Acres by Gem Star Properties (File PP-00-008) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are two separate applications covered in this report, each addressed separately after the summary. The subject parcel is bisected by the Sky Pilot Drain, which courses from SE to NW through the parcel. While the entire parcel is under single ownership, the Preliminary Plat application proposes to subdivide only the 78.4 acres of land north of the drain. There are 248 residential lots and 9 common lots proposed. The average lot size is 9,132 s.f. at a gross density of 3.16 dwelling units per acre. The Applicant is requesting annexation of the entire 100-acre parcel. The annexation application's transmittal and cover sheet state there are 78.4 acres to be annexed. However, the boundaries of the legal description submitted with the application and the intent of the property owner is to include the entire 100.9 acres (both north and south of the Sky Pilot Drain). If approved as submitted, the City would be approving annexation of 22.5 acres south of the drain that does not have a development plan or plat associated with the land. Therefore, the annexation application pertains to a larger area than the preliminary plat proposes to subdivide. The City Council is now requiring development/site plans with all annexation requests. Since the acreage south of the drain cannot be sewered at this time, it should be excluded from the application. Any future use or subdivision of this 22.5 acres would require submission of a completely new annexation application and preliminary plat or other development application before any use of this 22.5 acres would be permitted. Autumn Faire.AZPP.doc AZ-00-009, PP-00.009 Plannin & Zoning Commission/Mayor & Council g May 5, 2000 Page 2 ACRD staff has prepared a draft report on the preliminary plat with several recommended roadway design changes, including eliminating the Autumn Faire Way stub road to the west boundary and adding the Clearwater Way stub to the south boundary. The application is scheduled for the May 10th ACRD Commission and is on their consent agenda only (no public hearing). LOCATION The property is generally located at the southwest corner of Black Cat Road and Ustick Road (excepting the existing house on .7 acres). The parcel extends approximately 2,124 feet (.4 miles) south to Turnberry Subdivision and 1,319 feet west from Ustick. It is designated as Single-family Residential in the Comprehensive Plan. SURROUNDING PROPERTIES North -Several large, unplatted parcels currently being used for agriculture, zoned RT in Ada County. South -One single-family residence on approximately 2.6 acres, zoned RT in Ada County, is at the extreme SE corner. Bordering at the SW corner is a 51-acre, Ada County parcel currently in agricultural use. Also, approximately 1,075 feet of Turnberry Subdivision borders the parcel (zoned R-4 in Meridian). Six single-family lots in Turnberry abut this boundary, ranging from 8,190 s.f. to 10,760 s.f. in lot size. There is an existing solid wood fence along this entire shared boundary. East -Ashford Greens Subdivision, zoned R-4 in Meridian, is directly across Black Cat. West -Several large, unplatted parcels currently being used for agriculture, zoned R-T in Ada County. CURRENT OWNERS OF RECORD Langley Farms Limited Partnership, represented by Dean Langley and Stella McNealy, is the current property owner and has submitted consent for both applications. ANNEXATION & ZONING COMMENTS /ANALYSIS (File AZ-00-009) According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment." In other words, there must be ample evidence supporting the necessity for the City to expand its annexed area before the Commission and/or Council approves an annexation request. Specifically, Ordinance 11-15-11 lists the following questions that must be adequately answered for each individual property (only those items which pertain to this application have been listed): °`A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned For example, have the streets been widened, new raikoad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; pz-00-009, PP-00-009 ALMNI Faire.AZ.PP.dac Plannin & Zonin Commission/Mayor & Council g g May 5, 2000 Page 3 C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appeazance with the existing ~' intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will the proposed uses not be hazazdous or disturbing to existing or future neighboring uses; E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Ci. Will the proposed uses not involve uses, activities, processes, oT ~e ls~~alpwelfar bycreason of of operation that will be detrimental to any persons, property g excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will the area have vehiculaz approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17- 1992)" Staff has several concerns about the implications to the City of annexing 100 acres situated on the City's extreme western fringe at this time. As noted on page 1 and 2 of Gem Star Properties' application, this property is eligible for annexation and complies with several Comprehensive Plan policies. However, there are several other policies and required findings with which this property does not comply. Below is a summary of findings and Comprehensive Plan policies that both support and do not support a zoning amendment/annexation for this property. These are provided to assist the Commission and Council in making awell-founded interpretation and decision on the annexation request. Findings & Comprehensive Plan Policies that Support Annexation 1. Parcel is contiguous to existing City limits (Ashford Greens and Turnberry) and is therefore eligible to request annexation. 2. Parcel falls within the Comprehensive Plan designation of Single-family Residential, under which the proposed development and R-4 zoning complies. . 3. Parcel is within the Meridian Urban Service Planning Area (per Ord. 11-16-3). 4. Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and low-density development in outlying areas (Comp. Plan Policy 1.4U, pg. 23). AZAo-009, PP-00-009 Auhum~Farte.AZPP.doc Plannin & Zonin Commission/Mayor & Council g g May 5, 2000 Page 4 5. Residential developments shall be phased in accordance with their connection to the municipal sewer system (Comp. Plan Policy 1.7, pg. 67). The Applicant has had discussions with Public Works and sewer capacity is available and has been allocated for the proposed 78 acres of this pazcel. Water service is also available. The Applicant is not proposing development south of the drain because sewer capacity is not available for this additional 22.5 acres. Findings & Comprehensive Plan Policies that Do Not Support Annexation 1. School Facilities: The Generalized Land Use Map in the 1993 Comprehensive Plan shows a school symbol on the pazcel immediately west of Langley's pazcel. Staffs interpretation of the symbols for pazks and schools on the map has been they should ultimately be located somewhere in the vicinity in order to serve a one to two squaze mile radius. In other words, they serve asindicators/reminders to begin discussions and/oz negotiations for specific school sites in that Section and general azea when the population growth demands it. Policy 3.3, pg. 14, of the School Facilities Chapter states, "School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sates are not available to serve the proposed subdivision." In their April 17, 2000 comment letter regarding Autumn Faire Subdivision, the School District states that Chaparral Elementary School is over capacity and both Meridian Middle School and Eagle High School are at capacity. Neither a park nor school site has been provided or offered as part of this annexation or plat application. If the Commission chooses to recommend approval of annexation, Staff recommends the Applicant be required to meet with the Meridian School District and obtain a letter from the District regarding the potential dedication of land for a future school and/or other potential options to mitigate their over-capacity concerns. 2. Roadway Capacity: This subdivision is estimated to generate 2,630 additional vehicle trips per day (there are 10 existing). Neither Black Cat Road, Ustick Road or the intersection aze in the ACRD Five-year Work Program for improvements or widening. While it is impossible to estimate when these minor arterials may be moved into the ACHD work plan as funded projects, it is unlikely, given the relatively low existing traffic counts (compazed to other minor arterials in the City), that they will be improved in the near future. Neither arterial is listed in the draft Destination 2020 Plan for widening through the year 2020. 3. Service Centers: Policy 1.8U, pg. 23, in the Land Use Chapter states, "Promote the development of high-quality and environmentally compatible residential azeas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods". The neazest commercial service area to this parcel is the Albertson's complex at Ten Mile and Cherry, a distance of approximately two miles. The next closest retaiUshopping center is at Meridian Road and Cherry, an additional two miles, or four miles from the subject site. This development will increase the number of daily vehicle trips, miles AZ-00.009, PA-00-009 Autumn Fave.AZ.PP.doc Plannin & Zonin Commission/Mayor & Council g g May 5, 2000 Page 5 traveled and congestion on Ustick and Black Cat roads for virtually every urban service, recreational opportunity, and employment need. Staff believes annexation and development should be delayed until future commercial, recreational and employment development occurs in the northwest area of the City. 4. Fire and Emergency Medical Services: The Meridian Fire Department's tentative plans are to break ground on the new substation located on Ten Mile Road approximately'/2 mile south of Ustick. This facility will greatly improve response times to residents in northwest Meridian. However, until the facility is complete, all responses will originate at the new Franklin Road station, which is approximately 6 miles from this site. Policy 6.9U, pg. 42, of the Public Services Chapter, states "Maintain afive-minute or less response time goal to all fire, police, and medical emergencies within the City." Staff questions if this goal can be achieved for paramedics originating from St. Luke's Hospital. 5. Parks: The Generalized Land Use Map in the 1993 Comprehensive Plan shows a park symbol on the parcel immediately west of Langley's parcel. Staffs interpretation of the symbols for parks and schools on the map has been they should ultimately be located somewhere in the vicinity in order to serve a one to two square mile radius. Tully Park, approximately 2.5 miles from this site, is the nearest City park. Policy 2.SU, pg. 60, of the Parks and Recreation Chapter states, "New subdivision development...will be considered as opportunities to: a) Provide greenways, bicycle paths or pedestrian access to public parks, and links between parks, schools and neighborhoods; b) negotiate for the acquisition of park sites." 6. Housing Diversity and Affordability: The following policies from the 1993 Comprehensive Pl~.n address housing: Policy 3.1U, pg. 19, of the Economic Development Chapter states, "Approve quality housing projects that meet the needs of all economic levels." • Policy 2.1U, pg. 23, of the Land Use Chapter states, "Support a variety of residential categories for the purpose of providing the City with a range, of affordable housing opportunities." • Policy 1.1, pg. 67, of the Housing Chapter states, "The City intends to provide for a wide diversity of housing types...and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." • Policy 1.4, pg. 67, of the Housing Chapter states, "The development of housing for all income groups close to employment and shopping center should be encouraged." • Policy 1.6, pg. 67, of the Housing Chapter states, "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 atie-in between new residential areas and service needs." The average lot size in Ashford Greens is 9,105 s.f. The average lot size in Turnberry Subdivision is 8,668 s.f.. The average proposed lot size in Autumn Faire is 9,132 s.f. The AZ-00-009, PP-00-009 Aut~vnn Fave.AZ.PP.doc N Plannin & Zonin Cornrnissi~n/Mayor & Council g g May 5, 2000 Page 6 dominant zoning (greater than 90%) in Sections 1, 2 and 3 of Township 3N, Range 1 W is R4 (minimum 8,000 s.f. lot sizes). Staff does not believe the goals of housing diversity and providing housing that meets the needs of all economic levels would be achieved through annexation of this parcel, especially with a straight R-4 zone. Greater choices between housing types (i.e. offering a mix of duplexes, townhomes and single family) is necessary, especially in this northwest area of the City. 7. Infill 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 utilised 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." 8. "Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided" (Policy 6.3, pg. 29, Land Use Chapter). Annexation Recommendation Certainly, valid arguments can be made on both sides regarding annexation of this parcel. It meets the essential requirements of contiguity, is in the USPA and sewer and water are available. It's important to point out that the above findings and policies carry different weight and should not be viewed solely on the basis of the number of policies that support or don't support. However, Staff s interpretation of the Land Use Planning Act, Comp Plan policies and required findings of the Zoning & Development Ordinance is that the size and scope of this annexation request does not fulfill the intent of these guiding policies and the annexation should not be granted at this time. GENERAL ANNEXATION REQUIREMENTS (File AZ-00-009) Should the Commission and Council choose to recommend approval, the following conditions shall apply: 1. Any existing irrigation drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). Az 00-009, PP-oo-o09 Autumn Fave.AZ.PP.doc M nnin & Zonin Commission/Mayor & Council Pla g g May 5, 2000 Page 7 4. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 6. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 7. Provide five-foot~wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 8. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. SITE SPECIFIC ANNEXATION REQUIREMENTS 1. As a condition of annexation, applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 2. Applicant shall be required to enter into a development agreement for this project. 3. Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees would be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 4. All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. PRELIMINARY PLAT GENERAL COMMENTS (File PP-00-009) Should the Commission and Council choose to recommend approval, the following conditions shall apply: 1: Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. PRLIMINARY PLAT REQUIREMENTS (File PP-00-009) 1. Sanitary sewer service to this site will be via extensions from existing mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing AZ-06009, PP-00-009 Autumn Fave.AZ.PP.doc mmissi~n/Ma or & Council Planning & Zoning Co y May 5, 2000 Page 8 with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from existing mains adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. A note shall be added to the plat stating that this subdivision is subject to the terms of the Right to Farm Act pertaining to adjacent agricultural parcels. 7. As shown on the plat, the Ustick and Black Cat landscape buffers shall be a minimum of 30-feet in width beyond the required ACRD right-of--way and constructed by the developer as a condition of the plat. Staff encourages a slight berm and similar treatment as provided in the Ashford Greens development. The landscape buffer shall be placed in common separate lots (as shown). Fencing is not to encroach upon these buffers. AZ-00-009, PP-W-009 Autumn Fave.AZ.PP.doc ! ~ Planning & Zoning Commission/Mayor & Council May 5, 2000 Page 9 8. Detailed landscape plans for the Black Cat and Ustick landscape buffers and the internal common lots (I,ot 10, Block 12, Lot 11, Block 15 and Lot 11, Block 13) shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 9. Six-foot-high, solid, perimeter fencing shall be required along the full western boundary of the subdivision and along the north side of Block 15 (Crossridge St). Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash will be required for these fences prior to signature on the final plat. 10. There are three lots designated on the plat as storm retention areas. Staff recommends these lots be designed to provide usable open space for the subdivision residents. The storm retention area should be designed as such that accumulated water is disposed of within a 24-hour period. 11. ACRD is recommending a vehicular connection be provided to the 1-acre parcel abutting the north side of Block 1. It is not arequirement - only a recommendation. They are also requiring Stella Court be extended across Clearwater Way and stubbed to the 2.7 acre parcel south of the site. Staff supports both of these recommendations. 12. Sweetwood Avenue exceeds the City's maximum block length of 1,000 feet. Applicant must either submit a Variance application for the block length or modify the plat. Staff recommends McNealy Street to the east be extended across Eveningside Avenue and across Block 10 to improve the interconnectivity of these blocks and to reduce the block length. 13. As noted above in the annexation comments, Staff is concerned about the dominant R-4 density and lack of diversity of housing types in this northwest area of the City. We encourage a greater diversity of lot sizes and possibly a mix of R-4 and R-8 zones in order to allow for a mix of duplexes, townhomes and single family homes. Preliminary Plat Recommendation If the Commission recommends approval of the annexation and considers the preliminary plat application, Staff requests the plat application be tabled until we can review a revised plat with the roadway changes and to work with the Applicant on design issues. AZ-00-009, PP-00.009 Aut~snn Fave.AZ.PP.doc • ~ MERIDIAN PLANNING & ZONING MEETING: Ma 9 2000 APPLICANT: GEM STAR PROPERTIES LLC ITEM NUMBER: 12 REQUEST: ANNEXATION AND ZONING OF 78.4 ACRES TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION INTERMOUNTAIN GAS: SANITARY SERVICE: COMMENTS COMING SEE COMMENTS SEE COMMENTS SEE COMI ~c ~~ ~° ~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~v 1 ~~ . f t January 11, 2001 AZ 00-009 MERIDIAN CITY COUNCIL MEETING January 16, 2001 APPLICANT Gem Star Properties ITEM NO. 11 REQUEST Ordinance - AZ of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision - SWC of Black Cat and Ustick Roads AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Ordinance G °~ ~~ ~ ~+/ U~~ ~r Contacted: Date: Phone: Materials preaeMed at pubNc meetings shall become property of the City of Meridian. ~ ~ August 31, 2001 Az oaoQ9 MERIDIAN CITY COUNCIL MEETING September 4, 2001 APPLICANT C,em Star Properties, LLC ITEM NO. ''I REQUEST Development Agreement -Request for annexation and zoning of 1p1.4 acres from RT to R-4 zones for proposed Autumn Faire Subdivision -- southwest corner of Black Cat and Ustick Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FlRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: bTHER: Contacted: COMMENTS See dtfachsd Development Agreement 6~P~ ,1~~~te: Phone: ~~ `7 ' U~~~o Mo#eriois presented at pubic meetings shad become properly of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL Revised C/C 08-15-00 IN THE MATTER OF THE APPLICATION OF GEM STAR PROPERTIES, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR AUTUMN FAIRE SUBDMSION, LOCATED AT THE SOUTHWEST CORNER OF BLACIC CAT AND USTICK ROADS, MERIDIAN, IDAHO Case No. AZ-00-009 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August I5, 2000, at the hour of 7:30 p.m., and at the June 6, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the partner of the owner, Gem Star Properties, appeared and testified, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) • • behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying with comments/concerns or in opposition was: Linda Williams, and at the August 1 S, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Scott Stanfield of Earl Associates, and Susan Wildwood, and appearing and testifying with comments or concerns were: Linda Dettero, Monty Janicek, and Dean Langley, 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 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • • television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15, 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 forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 1 I-15-5 and 11-16-1. 3. 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. 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 in full. 5. The property is approximately 100.9 acres in size and is located at the southwest comer of Black Cat and Ustick Road. The property is designated as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) }~'. ,: ,: Autumn Faire Subdivision. 6. The owner of record of the subject property is Langley Farms Limited Partnership, c/o Stella McNealy, Meridian, Idaho. 7. Applicant is Gem Star Properties, LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of agricultural property. 9. The Applicant requests the property be zoned as R-4 Low Density Residential. 10. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. 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 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: single family residential subdivision. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) i ~ 15. There aze 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 govemmental 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 Reccimmendations of the Planning and Zoning and Engineering staff as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. I6.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13) . 16.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street pazking areas. All site drainage shall be contained and disposed of on-site. 16.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) • 16.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 16.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 16.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.9 Applicant shall be required to dedicate a site near the northeast comer of the development for a new City well. 16.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 16.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 16.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 16.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to accommodate the 30 foot pathway the affected lots shall be shortened ire depth by 10 feet. 16.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 16.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) • • the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the parkland or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the park land, has been conveyed and accepted by the City. 16.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 16.17 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 16.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No. 2 or an alternative site in Autumn Faire No. 1. 16.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase S of the project. 16.20 If, at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6.8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 16.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 16.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAI~tE SUBDIVISION (AZ-00-009) • move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 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 protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 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 character of the general vicinity, in order to assure that the proposed use will not change the essential chazacter of the affected vicinity and will insure that the proposed uses will not be hazazdous 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. 19. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) n LJ Generalized Land Use Map which designates the subject property as Single Family Residential. 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 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. 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. 20.3 The application is consistent with Meridian's self-identity. 20.4 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 ordinance of the City to the subject application. 20.5 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 clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • • 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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends 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 judiaal 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: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDNISION (AZ-00-009) • 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 aself-sufficient community. 4.6 To encourage cultural, educational and recreational 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • 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. 4.B Comprehensive Plan Policies: The policies listed below most directly apply to the proposed project: Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and low- density development in outlying areas (Comp. Plan Policy 1.4U, pg. 23). Residential developments shall be phased in accordance with their connection to the municipal sewer system (Comp. Plan Policy 1,7, pg. 67). 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 CH as follows: jR-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 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 of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • 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. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) 1. The applicant's request for annexation and zoning of approximately 100.9 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 100.9 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: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) • • Zoning and Development Ordinance (Ord. 11-13). 3.4 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 3.6 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. I1-14). No temporary signage, flags, banners or flashing signs shall be permitted. 3.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 3.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.9 Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 3.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 3.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 3.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 3.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) ! ~ accommodate the 30 foot pathway the affected lots shall be shortened in depth by 10 feet. 3.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 3.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the pazk land has been conveyed and accepted by the City. 3.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 3.I7 The City shall waive pazk fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 3.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No. 2 or an alternative site in Autumn Faire No. 1. 3.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 3.20 If; at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6.8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three yeazs elapse after adoption of these Findings and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) • park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the, date of adoption of these Findings, the letter of credit shall become void. 3.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 3.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not move in, move out, or mobilization costs) of the rough and fine grade work done on the pazk site. 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 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 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) • 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 --~-~ - day of o~,0 T~~~~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: -/ -~U -~ MOTION: APPROVED: BAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Department and the City Attorney. ' By ~---~ Dated: City Clerk 9-/9-ao msg/Z:\Work~MV~feridian~Meridian 15360NMutumn Faire Sub AZ and PP~AZFfClsorder.wpd VOTED_~~ VOTED_~~~ VOTED_Z~~ VOTED_~~~ VOTED _ ,~- ~' "moo w s~~ ~~ M ~" ~:;~ ., P ..~~ lf~r~i:Fidigli~t~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAYRE SUBDIVISION (AZ-00-009)