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HomeMy WebLinkAboutWare, Randy Van Hees Subdivision AZ-00-014BEFORE THE MERIDIAN CITY COUNCIL C/C 08-15-00 IN THE MATTER OF THE ) APPLICATION OF RANDY ) WARE, THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 2.297 ACRES ) PART OF LOT 13 OF VAN HEES ) SUBDIVISION, LOCATED ON ) THE WEST SIDE OF LINDER ) ROAD, 1/4 MILE SOUTH OF ) FRANK. LIN ROAD, MERIDIAN,) IDAHO ) ) Case No. AZ-00-014 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 August 15, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Randy Ware, appeared and testified, 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 AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 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 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 television stations as public service announcements; and the matter having been duly considered by the City Council at the 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, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 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 2.297 acres in size and is located on the west side of Linder Road, 1/4 mile south of Franklin Road. The property is designated as Lot 13 of the Van Hees Subdivision. 6. The owner of record of the subject property are Randy and Elizabeth Ware, of Boise, Idaho. 7. Applicant is owner of record, of Boise, Idaho. 8. The property is presently zoned by Ada County as R- 1, and consists of vacant land. Residential. The Applicant requests the property be zoned as R-4 Low Density 10. The subject property is bordered to the east by the city limits of the City of Meridian and surrounded by single family residential parcels. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area and is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subiect property in the following manner: Construction of two single family residences. ! 4. The Applicant requests zoning of the subiect real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subiect property as Single Family Residential. 15. There are no significant or scenic features of mai or 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 iurisdiction, 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 The requested R-4 zone is permitted and compatible with the comprehensive plan designation of single-family residential. 16.2 The subject lots can be adequately served by public facilities and the proposed uses shall alloW for orderly expansion of the city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 16.3 16.4 16.5 16.6 16.7 16.8 16.9 Adopt 16.10 16.11 Any existing domestic wells and/or septic systems within this project shall have to 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. 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. Submit letter from the Ada County Street Name Committee, approving the private road name. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Any future subdivision of this property shall require compliance with City Ordinances in effect at the time of resubdivision. Provide copy of recorded warranty deed for dedication of additional right-of-way on Linder Road prior to applying for building permits. Due to the anticipated Linder Road overpass and associated traffic levels, a minimum 20-foot-wide, bermed planting strip shall be constructed. Both building lots are to access the private drive. the Recommendations of the Ada County Highway District as follows: Dedicate 48-feet of right-of-way from the centerline of Linder 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. Construct a private road north of the south property line as proposed. Pave the roadway a minimum of 24-feet wide and at least 30-feet beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) MPH and a maximum intersection approach grade of 2% for at least 40- feet. 16.12 16.13 Street name and stop signs are required for the private road. Verification of the correct approved name of the road shall be required. ACHD does not make any assurances that the private road which is a part of this application shall be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 16.14 16.15 Provide a recorded cross access easement for all of the abutting parcels to the north and south to use the private road for access to the public streets prior to issuance of a building permit (or other required permits). Construct a 5-foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 175-feet), within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 16.16 Other than the private road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 16.17 The road shall be a minimum of 20 feet wide. 16.18 Applicant shall provide a turnaround in Parcel 13B for emergency vehicles. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 16.19 The District's Kennedy Lateral courses through the project and no encroachments shall be allowed without written approval from the District. 17. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 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, 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 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 ordinances 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 ordinances 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 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 ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-O0-014) 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 § 1 !-! 6 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 talce 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, ! 994. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 4.3 4.4 4.5 4.6 4.7 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. 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. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 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. 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. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) (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 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 subiect 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 condition of annexed and zoned, the City may require or permit, as a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 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: 1. The applicant's request for annexation and zoning of approximately 2.297 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 2.297 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 abide and follow the conditions as stated below, otherwise the property shall be subject to de-annexation, with the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) of Meridian, and 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 The requested R-4 zone is permitted and compatible with the comprehensive plan designation of single-family residential. 3.2 The subject lots can be adequately served by public facilities and the proposed uses shall allow for orderly expansion of the city limits. 3.3 Any existing domestic wells and/or septic systems within this project shall have to 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. 3.4 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. 3.5 Submit letter from the Ada County Street Name Committee, approving the private road name. 3.6 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 3.7 Any future subdivision of this property shall require compliance with City Ordinances in effect at the time of resubdivision. 3.8 Provide copy of recorded warranty deed for dedication of additional right-of-way on Linder Road prior to applying for building Permits. 3.9 Due to the anticipated Linder Road overpass and associated traffic levels, a minimum 20-foot-wide, bermed planting strip shall be constructed. Both building lots are to access the private drive. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 3.10 3.11 Dedicate 48-feet of right-of-way from the centerline of Linder 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. Construct a private road north of the south property line as proposed. Pave the roadway a minimum of 24-feet wide and at least 30-feet beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40- feet. 3.12 3.13 Street name and stop signs are required for the private road. Verification of the correct approved name of the road shall be required. ACHD does not make any assurances that the private road which is a part of this application shall be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 3.14 3.15 Provide a recorded cross access easement for all of the abutting parcels to the north and south to use the private road for access to the public stkeets prior to issuance of a building permit (or other required permits). Construct a 5-foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 175-feet), within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 3.16 Other than the private road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 3.17 The road shall be a minimum of 20 feet wide. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) 3.18 Applicant shall provide a tumaround in Parcel 13B for emergency vehicles. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 3.19 The District's encroachments District. Kennedy Lateral courses through the project and no shall be allowed without written approval from the 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RANDY WARE 2.297 ACRES PART OF LOT 13 OF VAN HEES SUBDIVISION (AZ-00-014) Title 67, Idaho Code. By action of the City Council at its regular meeting held on the , ooo. ROLL CALL COUNCILMAN RON ANDERSON day VOTED COUNCILMAN KEITH BIRD VOTED_~a-- COUNCILMAN TAMMY deWEERD VOTED_~~ COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROVEI~~ DISAPPROVED:~ ~2/ty Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. .,~,,,'"""'-,,,- ~ZAWork~efidi~ 15360M~Ware ~dy ~ZF~lsOrder.~d % ~ FINDINGS OF FACT ~D CONCLUSIONS OF ~W - Page 16 ~D DECISION ~D O~ER G~TING ~PLI~TION FOR ~NE~TION ~D ZONING~Y ~DY W~ 2.297 AC~S P~T OF LOT 13 OF V~ HEES SUBDIVISION (~-00-014)