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HomeMy WebLinkAboutPackard Acres No. 1 AZ-01-017BEFORE THE MERIDIAN CITY COUNCIL C/C 12-18-01 IN THE MATTER OF THE ) APPLICATION OF PACKARD ) ESTATES DEVELOPERS, LLC, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 0.193 ACRES, LOCATED ) EAST OF NORTH WINGATE ) LANE AND SOUTH OF EAST ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-01-017 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 December 18, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Pat Tealey appeared and testified on behalf of the applicant, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACIOkRD ESTATES DEVELOERS, LLC / PACICARD ACRES NO. 1 / (AZ-01-017) Page zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said 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 December 18, 2001, 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 reqnirements 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, subdivisions and development ordinances codified at Tides 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACIOkRD ESTATES DEVELOERS, LLC / PACICAtLD ACRES NO. 1 / (AZ-01-017) ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 0.193 acres in size and is located east of N. Wingate Lane and south of E. Ustick Road. The property is designated as Packard Acres No. 1. 6. The o~vner of record of the subject property is Packard Estates Developers, LLC of Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-U-T, and consists of residential development. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north and east by the county and to the south and west by Meridian R-4 zoning. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACICAPdD ESTATES DEVELOERS, LLC / PACICARD ACRES NO. 1 / (AZ-01-017) manner: residential development. 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. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 16.2 16.3 16.4 The requested zoning of R-4 (low Density Residential District) is harmonious with the Comprehensive Plan Land Use Map designation of Mixed Planned Development, and it is in compliance with the text contained within the Comprehensive Plan. All of the subject property is within the Urban Service Planning Area. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-O1-017) Page 4 development. 16.5 The sub}ect property shall not need to be re-platted and shall be accepted as previously platted. Adopt the Recommendations of the Ada County Highway District as follows: 16.6 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. 16.7 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual. ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 16.8 Contact the District for payment of possible road impact fees prior to building construction in accordance with Ordinance # 193. 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-O17) Page 5 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 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. Emhancement 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. FINDINGS OF FACT AND CONCLUSIONS OFLAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACICAtU) ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-Oi-O17) Page 6 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 serv/ces, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and dearly identifiable. 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-I6 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-017) Page 7 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 include: 4.1 To preserve Meridian's environmental quality and to mal, e 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 ldnd of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the comnmnity. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACICA_RD ESTATES DEVELOERS, LLC / PAClC,.ARD ACRES NO. 1 / (AZ-01-017) Page 8 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to ail residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and effident use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The 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. 6. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACICARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-017) Page 9 conditional use permit is required for Applicant to construct and develop a residential development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the a~mexation of land. See Burt vs. The City of Idaho Fall~, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitmem concerning the use or development of the subject property. If a commitment is required or permitted, it shalI be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the orditmnce 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACICARD ACRES NO. 1 / (AZ-01-O17) Page 10 only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 0.193 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 0. I93 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. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 The requested zoning of R-4 (low Density Residential District) is harmonious with the Comprehensive Plan Land Use Map designation of Mixed Planned Development, andit is in compliance with the text FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACICARD ACRES NO. 1 / (AZ-01-017) Page 1 ] contained within the Comprehensive Plan. 3.2 All of the subject property is within the Urban Service Planning Area. 3.3 Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 314 All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. 3.5 The subject property shall not need to be re-platted and shall be accepted as previously platted. Adopt the Recommendations of the Ada County Highway District as follows: 3.6 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. 3.7 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual. ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 3.8 Contact the District for payment of possible road impact fees prior to building construction in accordance with Ordinance # 193. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-017) 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 ,vith 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 denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ~fffort,oc~-'6//q.- ROLL CALL COUNCILMAN BIRD day VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-017) VOTED ~ Page 13 COUNCILMAN ~ ~'~S~ VOTED~:~*t.., MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: ~ APPROVED: ~ DISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PACKARD ESTATES DEVELOERS, LLC/ PACKARD ACRES NO. 1 / (AZ-01-017) Page 14