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HomeMy WebLinkAboutSilhouette Subdivision AZ-01-020BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF TYLER ) TORKELSON, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 3.58 ACRES FOR ) SILHOUETTE SUBDIVISION, ) LOCATED EAST OF N. ) MERIDIAN ROAD AND SOUTH ) OF E. USTICK ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-O1-020 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 February 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Richard Pavelek, and Joseph Moyle, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) and 11-16-1. 2. The City Coundl 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 ordinance Establishing the Impact Area Boundary.. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 3.58 acres in size, is located east of N. Meridian Road and south of E. Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Tyler Torkelson of Meridian, Idaho; and the applicant is owner of record. 5. The property is presently zoned by Ada County as R- 1, and consists of a single family home. 6. The Applicant requests the property be zoned as R-8, with the intent to develop and construct a 19 lot residential townhome community, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 7. The subject property is bordered to the north by R-1 County zoning, to the south and east by rural residential RUT zoning and Bedford Place Subdivsiion, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-O 1-020) zoned R-8 and to the west by Salisbury Subdivision zoned R-4. 8. There are no significant or scenic features of major iraportance that affect the consideration of this application. 9. 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: 1. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the Meridian Fire Department as follows: 2. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) 6. All access roads radii shall be 28' inside and 48' outside radius. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 8. The roadways shall be built to Ada County Highway Standards. 9. The units will be individually addressed with 6" numbers. lO. An approved turnaround will be required for a road which is greater than 150' in length. Adopt the Recommendations of the ACHD as follows: 11. Comply with the Site Specific Requirements (i 2) and Standard Requirements (8) listed in ACHD's in their letter dated November 29, 2001. Adopt the Recommendations of the Central District Health Department listed in their Environmental Health Division letter dated 11/23/01. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 12. The two existing homes on the property shall be included as lots within the plat. 13. As shovm within the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along Meridian Road. 14. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 15. Pertaining to open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 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. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-Oi-020) 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 subiect property as Mixed Planned Use Development. 13. The subiect 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: Goals Section: Goal 4, Goal 8 Economic Development Chapter 3.1U, 3.2U Land Use Chapter 2.1U, 2.4U Transportation Chapter 1.19U, 1.14, 1.18, 1.19 Community Design Chapter 6.2U, 6.11U 14. The property can be physically serviced with City ~vater and sewer, since the applicant has extended 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (~Z-01-020) 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 Coundl 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 Goals 4and 8. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium DensiW Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Munidpal water and sewer systems of the City is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) 6. 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 Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 1242- 4 which pertains to development time schedules and reqnirements; Section which pertains to the piping of ditches; and Section 12-5-2 N, ~vhich pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Pursuant to Section 1 l- 16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS 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 3.58 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 3.58 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the Meridian Fire Department as follows: 2. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shah be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) 6. All access roads radii shall be 28' inside and 48' outside radius. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 8. The roadways shall be built to Ada County Highway Standards. 9. The units will be individually addressed with 6" numbers. 10.An approved turnaround will be required for a road which is greater than 150' in length. Adopt the Recommendations of the ACHD as follows: 11. Comply with the Site Specific Requirements (12) and Standard Requirements (8) listed in ACHD's in their letter dated November 29, 2001. Adopt the Recommendations of the Central District Health Department listed in their Environmental Health Division letter dated 11/23/01. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 12.The two existing homes on the property shall be included as lots within the plat. 13.As shown within the new Landscape Plan, dated 1-14-02 and which shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the benned area adjacent to the landscape setback along Meridian Road. 14.The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 15.Pertaining to open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and 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 /q ~ day of f.~'-ta5 R.,-/..& ,2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page i 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-01-020) zoning ordinance. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED_~___~ VOTED__~ VOTED_~ VOTED__~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~--[~OZ- VOTED MOTION: APPROVED~ DISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. "'~it'y Clerk V " Z:\WorkkM'4Vleridian~VIeridian 15360IVl~ilhouctte Sub AZ01 20 PP01-021 CUP01-039x~kZE£C'l'8~rd~.~,gK~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILHOUETTE SUBDIVISION (AZ-0b020)