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HomeMy WebLinkAboutInglenook Subdivision AZ-01-023BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF ) PROVIDENCE DEVELOPMENT, ) LLC, THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.97 ACRES FOR ) INGLENOOK SUBDIVISION, ) LOCATED AT 2720 SOUTH ) LOCUST GROVE, MERIDIAN, ) ID qO ) Case No. AZ-O1-023 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, Kenny Bowers, Meridian Fire Chief, Gary Smith, Public Works Director, Ashley Ford-Rudel of Hubble Engineering, Inc., and John Shipley, 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 La,v, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council tal, es judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 5.97 acres in size, located at 2720 S. Locust Grove, Meridian, Idaho, and all within the Area of hnpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Clifford D. Babbitt of Boise, Idaho; and the applicant is Providence Development Group, LLC of Meridian, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of vacant pasture. 6. The Applicant requests the property be zoned as R-4, with the intent to develop a 20+4 lot residential subdivision, 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 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) 7. The subject property is bordered to the north and south by Ada County single family residences, to the east by a proposed subdivision and to the west by Salmon Rapids Subdivision, both zoned R-4. 8. There are no significant or scenic features of major importance 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 ~vill 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. All irrigation ditches, laterals or canals, exclusive of natural ~vater~vays, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91). All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. Provide five-foot-wide side~valks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the ACHD as follows: 10. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 13. Locate the main entrance off Locust Grove Road approximately 100-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centedine to centerline). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) I4. Construct a stub street to the 2.47-acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block i as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 15. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the location of the stub street and the sign plan with District staff. 16. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 18. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. 19. Construct the turnarounds to provide a minimum turning radius of 45- feet. 20. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Adopt the Recommendations of the Meridian Fire Department as follo~vs: 21. 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. 22. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) 23. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 24. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 25. All radii shall be 28' inside and 48' outside radius. 26. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 27. The roadways shall be built to Ada County Highway Standards. 28. All cul-de-sacs shall have a radius of 50'. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 29. The applicant/developer shall be required to determine whether any portion of the residential drainfield of John Shipley encroaches onto the real property described herein. If the drainfield, or any portion thereof, does in fact encroach, applicant/developer shall be required to relocate said drainfield, at applicant/developer's sole cost, onto the property of John Shipley. Said relocation must occur prior to final plat approval. Additionally, all requirements of the Preliminary Plat application apply to this project. 11. 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. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) 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. 13. 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. 14. The subject annexation request and zomng designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City, Goals 1 through 10, inclusive. 15. The property can be physically serviced with City water and sewer, since FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023 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 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: Goals 1 through 10, inclusive. The zoning of Low Density Residential District (R-4) is defined in the 4.A 5. Zoning Ordinance at § 1 I-7-2 C as follows: (R-4 ) Low Density Residential District: Only single-family dwellings shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) 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 predominandy 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 Burr 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 with the Ordinances of the City of Meridian induding, 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, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.97 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 5.97 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 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-0b023) 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall 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. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91). All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Aanericans with Disabilities Act. Adopt the Recommendations of the ACHD as follows: I0. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) Ii. 12. 13. 14. 15. 16. 17. 18. 19. 20. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Locate the main entrance off Locust Grove Road approximately lO0-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centerline to centerline). Construct a stub street to the 2.47-acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block 1 as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the location of the stub street and the sign plan with District staff. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the ne~v right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk ~vith District staff. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) Adopt the Recommendations of the Meridian Fire Department as follows: 21. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to sevqice the entire project. Fire hydrants shall be placed an average of 400' apart. 22. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 23. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 24. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 25. All radii shall be 28' inside and 48' outside radius. 26. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 27. The roadways shall be built to Ada County Highway Standards. 28. All cul-de-sacs shall have a radius of 50'. Additionally, comply with the action of the City Council taken at their February 5, 2002 meeting as follows: 29. The developer shall be required to relocate the drain field off of the proposed project and onto John Shipley's property, which is located on the south side of the proposed project. Additionally, all requirements of the Preliminary Plat application apply to this project. 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 Low Density Residential District (R-4), and FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) 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 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 ,2o02. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023) day VOTED VOTED VOTED__~ COUNCILMAN WILLIAM L.M. NARY VOTED~-~ MAYOR ROBERT D. CORRIE (TIE BREAIrd~R) DATED: VOTED MOTION: APPROVED:~ISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,,, ,:..,0~. Dated: City Clerk Z:\¥VorkkMkMcridian~Vleridian 15360M\Inglenook Sub AZ01-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/INGLENOOK SUBDIVISION (AZ-01-023)