HomeMy WebLinkAboutSouthern Springs Sub No.2 AZRFC~'EIV~-
SAN 3 ~ 2004
City Of TvIeridian
City Clerk Office
Kev[N E. DIN]US
SDLIE KLEIN FISCHER
WM. F. GICRAY, II[
T. GUY HALLAM"
BILL HDLINIU
W[LLL+M A. MORROW
WILLIAM F. NICHOLS"
CHRISTOPHER 5. NYE
WHITE. PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIP A. PETERSDN
ERICA S. PHILLIPS
ERIC S. AOSSMAN
TODD A. ROSEMAN
TERRHNCE R. WHITE""
NICHOLAS L. WOLLEN
NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208)466-9272
PAX (208) 466~A05
'Also admitted in OR
"" ellso admitted in
WA
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
ATTORNEYS AT LAW
January 29, 2004
Re: THE LAND GROUP, INC. /ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE &
CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER / AZ-03-030
Dear Will:
Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions from the Council meeting of January 20, 2004, and
which are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification ofthe Clerk
for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
Order Grantins Annlication for Rezone are adopted. Additionally, I have enclosea a ~ummz
Ordinance and the cover letter, whlch Summary Ordmance will need to be presented to the Coun
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Z:\WorklMwleridianVvleridian 15360MlSouthern Springs Sub Nu. 2 AZ-03-030 PP-03-036\FFCL and ORD and SUM ORD Clerk Ltr 0129 04.dw
BEFORE THE MERIDIAN CITY COUNCIL
C/C 01/20/04
1N THE'~IATTER OF THE
APPLICATION FOR ANNEXATION
4ND ZONING OF 2.8 ACRES FOR
PROPOSED SOUTHERN SPRINGS
SUBDIVISION NO. 2,
THE LAND GROUP, INC.,
APPLICANT
Case No. AZ-03-030
FINDINGS OF FACT ANll
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 January 20, 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner ll l For the
Planning and Zoning Department, and David Koga, 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 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Tides 11 and L, Meridian City Code, and all cun~ent zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 1 OF 13
The property which is the subject of the application for annexation and
zoning is described in the application., is approximately 2.8 acres in size and is located east of the
southeast comer of Overland Road and SH69//Meridian Road, Meridian, Idaho, all within Che
Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined
in the Meridian Comprehensive Plan.
The parcel of laud is contiguous to the existing city limits of Pha Ciry of Meridian.
The owners of record of the subject property are Patrid< and .fudi "fhacker, and
they have provided notarized consent for submission of the applications. The applicant is The
Land Group, Inc.
6. The property is presently zoned R-6 and consists of a single family residence and
six (6) out-buildings.
The Applicant requests the property be zoned as L-0 (3 building lots) and C-G (2
building lots).
8. The subject property is bordered to the north by an ACFID drainage loe and a
single family residence; to the south by Country Terrace and Running Brool< Estates
Subdivisions; to the east by Country Terrace Subdivision; and tothe west by Southern Springs
No. 1 (zoned C-G).
9. The Applicant proposes to develop the subject property in the following manner:
a Five (5) lot commercial subdivision.
10- The Applicant requests zoning of the subject real property as L-O and C-G; which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, as noted in the
FINDINGS OP FACT ANll CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 2 OF 13
Staff report. The Future Land Use Map designates the subject property as Medium Density
Residential.
11. The Mile Drain is a scenic feature of major importatlce that affects t11e
consideration of this application.
12. The City Council recognizes the support of John Outhet, as long as the conditions
are met, in his letter stamped RECEIVED DEC -4 2003 CITY OF MERIDIAN, and the support
letter from A..lohn Gaige and Neta E. Gaige as per the conditions in the neighborhood meeting.
13. Giving due consideration to the comments 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:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
Essential City services can be made available to the subject property.
2. All future development on said property shall comply with the City of Meridian
ordinances in effect at the time of application.
Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Recommendations of Ada County Highway District as follows:
Comply with the ACHD report dated November 25, 20'03, including the Site Specific
Conditions of Approval and the Standard Conditions of Approval, of which The
Land Group, Inc. was given a copy of the report by the ACE-iD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (.AZ-03-030)
PAGE 3 OF 13
C. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clarification:
I. The developers are still ;oing through the process for .approval. with ACHD
pertaining to the two accesses addressed in the Warranty Deed.
14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Medium DensityResidential." While the Comprehensive Plan Fuau-e Land Use
Map does not explicitly support the proposed zone change, it is found that there is a strong are=ument
for s aying t hat t he C omprehensive P lan t ext p olicies d o s upport t he p roposed rezone. .A I.ey
component of this argument is the relative flexibility ofMeridiair's Comprehensive Plan as described
in Chapter I, Section B and Chapter VII-2, Section C of the Comprehensive Plan. While the
proposed zone change does not explicitly comply with the Comprehensive Plan Land Use Map, it is
Found that the proposed zone change does fit with the existing and anticipated development patterns
of the surrounding area and it would be appropriate to extend the non-residential designation to this
property. Since 2001, boCh the P & Z Commission and City Council have approved similar rezones
where the Future Land Use Map designation did not directly con elate with the proposed zoning
district and a Comprehensive Plan Amendment application was not required. The future retail
buildings in Southern Springs No. 1, directly wesC of the subject property, are designated as
"Commercial" in the Comprehensive Plan and all of the land on the north side of Overloud Road is
also designated as "Commercial." The applicant has indicated that they met with the four of the five
adjoining property owners and they were generally supportive ofthe office use. It is fotmd that the
proposed rezone of a small parcel located o n a m ajor arterial and adjacent t o p roperty z oned
Commercial, meets the intent of the Comprehensive Plan for the future development of the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
fOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE4 OF L3
It is also found that the following 2002 Comprehensive Plan text policies to be applicable;
• Chapter VII, Goal I, Obj. B, #5
• Chapter VII, Goal IV, Obj. A, #6
• Chapter IV, Goal I, Obj. A, #6
• Chapter V, Goal I, Obj. A
• Chapter V, Goal I, Obj. A, #11
15. The general vicinity ofthis project has experienced a rapid change from agricultural
and low density residential uses to commercial/urban type development in the last three years. The
ACND Parl< & Ride Lot, Gold's Gym, Southern Springs No.l and the widening oFOverland Road to
five lanes are examples of the increased urbanization in the immediate area. If is found that a rezone
of the proposed property would be compatible with other ]and use and facility changes in the area.
16. No specific uses are proposed with this application. Certain permitted uses in the C-
G zone such as bus stations, outdoor entertaimnent uses, wholesale facilities and service stations,
could have a negative impact on the existing residential uses to the north and south.. However, given
the property size, such intensive uses are unlikely to occur. The existing single family residence on
the north side of Overland Road is designated as "Commercial" in the comprehensive plan. It is
found that any future-uses, if designed, constructed and operated in accordance with adopted city
ordinances and standards, should be harmonious and appropriate in appearance with the existing
character of the vicinity.
17. It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR .ANNEXATION AND ZONING FOR
SOtiTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 5 OP 13
ordinances are exercised. The proposed L-Ozone and professional office uses abutting the east and
south boundaries are intended to mitigate any disturbances.
18. I[ is found that the recent improvements to Overland Road and the planned
intersection expansion at Overland and Meridian Roads will handle die additional traffic generated
by future development. Sanitary sewer and water are either cun-ently available or iuider construction
to provide service to the area. Public services and facilities appear to be adequate to service this
property.
19. It is found that this development will not cause excessive additional requirements at
public cost. The proposed street providing access to the site is private and funded by the developer.
The Ten Mile Trunk is already constructed. Other required site improvements will be funded and
constructed by the developer. It is also found that the annexation and zoning alone will not be
detrimental to the community's economic welfare.
20. It is found that several of the allowed uses in the C-G zone may involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. However, MCC 11-12-2 and 11-12-3 are intended to mitigate impacts ofsome
uses such as fire hazards, bulk storage, and contractor's yards. The allowed uses in the L-Ozone are
generally limited to residential compatible uses. The application references the L-O lots as being an
"8 to S' office development.
21. It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
applications on each lot. ACHD included a "Special Notification" to the City of Meridian in their
PNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 6 OF 13
staffreport regarding the configuration ofthe proposed private street and potential cut-through haftic
to Meridian Road/SH 69. District staff is concerned about the bridge m-ossing causing a negative
impact on the Southern Springs No. 1 businesses. (Refer to ACHD report on page 5.) City staff
believes the benefits of constructing a bridge and providing interconnectivity Uehveen the two phases
For outweighs the potential negative impacts of cut through traffic to Meridian Road/SH 69. Since a
final site plan with building locations for Southern Springs No. 1 has not been determined or
approved, it is difficult to analyze orjustify a cut through concern between the two projects. The
City believes thereto be insufficient evidence to require a relocation of the Ten Mile Creek crossing
within [he Southern Springs No. 2 plat. The City does have the ability during building pem~it
reviews to prevent a "straight shot' from Southern Springs No. 2 to Southern Springs No. 1. T'he
developer is hereby given notice that the cut through traffic between Overland and Meridian Roads is
a concern of the City and ACHD and that the future site layout of the northern half of Southern
Springs No. 1 will need to address this concern.
22. It is found that the annexation alone will not result in the destruction, loss or damage
of natural or scenic features. Building placements and stormwater run-off will need to be designed
to protect the Ten Mile Creek.
23. It is found that the anuex'ation ofthis property would be in the best interest ofthe City
for the following reasons:
• Increased commercial land base;
• Increased property tax revenue;
• Municipal services are available to the area; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 7 OF 13
• Application substantially complies with the Comprehensive Plan.
24. The Ten Mile Drain is a scenic Feature of major importance.
25. It is found that the annexation of dus property would he in the best interest of the
City.
26. It is found that if the developer pays for the requested improvements
and complies with Che conditions set forth in these Findings of Fact No. 13, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers vvill be protected, a
condition of annexation and zoning designation.
27. It is also found that the development considerations as referenced in Finding No.
13 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 geale[al vicinity, in
order to assure that the proposed use will not change the essential character oFthe 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 ou
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
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
FINDINGS OF FACT AND CONCLUSIONS OF L.A1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 8 OF 13
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, ldaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (L-O) Limited Office and (C-G) General Retail and Service
Commercial District is defined in the Zoning Ordinance at § 11-7-2 G and K as follows:
(L-O) Limited Office District: The purpose of the L-0 District is to permit the
establishment ofgroupings ofprofessional, research, executive, admioishative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve
heaving testing operations of any kind or product manufacturing of such a nature to create
noise, vibration or emissions of a nature offensive to the overall purpose of this District. Tlie
L-O District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
AND
(C-G) General Retail And Service Commercial District: The purpose o£the C-G District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed. commercial uses which
are auto and service oriented vid are located in close proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
Since the annexation and zoning of land is a legislative Rmction, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 9 OF 13
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 inchiding, 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 ofthe 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 OFLAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 2.8 acres to
Limited Office (L-O) and General Retail and Service Commercial (C-G), is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The applicationis for annexation and zoning of2.8 acres. The legal description shall
be prepared by a Registered Land Surveyor, Licensed Uy the State of Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for amiexation
must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set Forth and in the event t]Ze
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 10 OF 13
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Essential City services can be made available to the subject property.
2. All future development on said property shall comply with the City of Meridian.
ordinances in effect at the time of application.
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
B. Adopt the Recommendations of Ada County Highway District as follo~a~s:
Complywith the ACRD report datedNovember 25, 2003, including the Site Specific
Conditions of Approval and the Standard Conditions of Approval, of which The
Land Group, Inc. was given a copy of the report by the ACRD.
C. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clarification:
The developers are still going through the process for approval. with ACHD
pertaining to the two accesses addressed in the Warranty Deed.
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 (L-O) Limi[ed Office District and (C-G) General Retail Auld Service Commercial 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,mappingchanges of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 11 OF l3
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must he fi led with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
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 maybe adversely affected by the issuance or denial of the amrexation and zonng and who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial 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
2004.
ROLL CALLO ~ ~ O
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED ~/ 1
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIRD VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 12 OF 13
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: Z - /? ~~Y
MOTION:
APPROVED: DISAPPROVED:
VOTED
Attest:
~a~
Z°" ~O~T~
William G. Berg, Jr., City ~`lerk ~ = ar~aL
Copy served upon Applicant, the Planning an6'i~ n p3 ~~~'iY, Public Works Department au 1
the City Attorney. ~«:::;: ~:„~\`''
gy: ~'~'~`'/~~~ ated:
City Clerl<
3~m~
7:\Wark\M~Meridian\:Mcridmn ISi60M15outhern Springs Sub No.2 AZ-03-D3D
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
SOUTHERN SPRINGS SUBDIVISION NO. 2 - (AZ-03-030)
PAGE 13 OF 13
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