HomeMy WebLinkAboutBaldwin Park AZ 03-033
RECEIVED
FEB I 8 2004
City Of Meridian
City Clerk Office
WHITE PETERSON
KlMNE. DINIUS
JuuEKLEINFrsCHER
WM. F. GIGRAY, III
T. Guy HALLAM'
WILLIAMA. MORROW
WIIJ.IAMF. NICHOLS"
CHRISTOPHERS. NY<
PHIuPA. PImRSON
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELAJ. TARLOW
TERRENCER. WHITE""
NICHOLASL. WOWN
ATIORNEYS AT LAw
NAMPAOFFICE
5700 B. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83OSJ-B402
TEL. (20B) 466-9272
FAX (20B) 466-4405
"Also admitted in OR
.. Also admitted ill
WA
February 18, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re:
JOHN L. KENNEDY I ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE &
CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER I AZ-O3-033
Dear Will:
Please find enclosed the original of the 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 February 10, 2004, and
which are on an upcoming Council agenda.
Also, please fmd enclosed the above AZ Ordinance and the Certification of the 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
should not be passed until the Findin2s of Fact and Conclusions of Law and Decision and
Order Grantin2 Apolication for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F, Nichols
Z:\Work\M\MeridianlMeridian 15360M\B.ldwin Park Addition AZ-03-O33 PP-O3-O38\FFCL and ORD and SUM ORD Clerk LIT 02 18 O4.OOc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/10/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 10.17 ACRES )
FOR PROPOSED BALDWIN PARK )
ADDITION SUBDIVISION, )
LOCATED APPROXIMATELY )
ONE-HALF MILE NORTH OF )
USTICK ROAD AND ONE-HALF )
MILE WEST OF MERIDIAN ROAD, )
WITHIN SECTION 36 OF )
TOWNSHIP 4 NORTH, RANGE 1 )
WEST, MERIDIAN, IDAHO )
)
Case No. AZ-O3-033
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
CAPTIAL DEVELOPMENT, INC.,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on February 10, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Steve Arnold, and Ann Christoph, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-033)
PAGE 1 OF 12
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Arnended 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.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 10.17 acres in size and is located
approximately one-half mile north of Us tick Road and one-half mile west of Meridian Road,
within Section 36 of Township 4 North, Range 1 West, Meridian, Idaho, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4.
The owner of record of the subject property is John Kennedy, and Mr. Kennedy
has provided notarized consent for Capital Development, Inc. to submit the subject applications.
Additionally the applicant, Capital Development, Inc., whose address is 6200 N. Meeker Place,
Boise, Idaho 83713, is in the process of purchasing said property but as of yet a closing date has
not been set.
5.
The property is presently zoned RUT (Ada County) and is currently vacant.
6.
The Applicant requests the property be zoned as R-8.
7.
The subject property is bordered to the north by Baldwin Park Subdivision, to the
south by an agricultural use, to the east by the Cedar Springs Development, and to the west by a
single-family home on a large agricultural parcel.
8.
The Applicant proposes to develop the subject property in the following manner:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDmON SUBDIVISION
(AZ-O3-033)
PAGE 2 OF 12
A residential subdivision (71 building lots and 7 common/other lots on 19.07 acres).
9.
The Applicant requests zoning ofthe subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which d~signates
the subject property as Medium Density Residential.
10.
The White Drain lies contiguous to the north boundary ofthe subject property and
is a feature that will need to be protected.
11.
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 Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
B.
Adopt the site specific requirements, conditions of approval and street improvements, which
are required, of the Ada County Highway District listed in theirreport dated January 8,2004.
C.
Adopt the Meridian Fire Department's Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
2, Acceptance of the water supply for fire protection will be by the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-O33)
PAGE 3 OF 12
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
8. Parking is to be restricted to one side on the 42' street section.
12.
It is found that the requested zoning designations ofR-8 is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates
the land to be "Medium Density Residential". In Chapter VII of the Comprehensive Plan, "Medium
Density" is defined as areas including single-family homes at densities of three to eight dwelling
units per acre. The requested zoning designation for the annexation and zoning property (10.17
acres) is R-8. The property that was previously annexed by the City (8.9 acres) is currently zoned R-
8.
13.
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat proposing single-family lots on the subject site (Baldwin Park Addition Subdivision,
PP-03-038). It is not anticipated that the applicant plans to rezone the subject property in the future.
14.
It is found that the proposed, concurrent, residential subdivision could be allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-033)
PAGE 4 OF 12
within the requested R-S zone.
15.
Several residential developments in this area are changing the historically agricultural
natUre of the area to be urban. The recent annexations and platting of Bridget ower, Cedar Springs,
Cobblefield Crossing and Baldwin Park, as well as the new middle school just to the west of the site,
create more urban type uses in the area. However, there have been no recent street widenings and
none are currently scheduled within ACHD's Five Year Work Program or Capital Improvements
Plan (CIP). Other urban services, such as sewer and water, are near to this site and the applicant
should be able to extend such services to the site. It is found that the subject site is proposed for
development in a fashion similar to other properties in the area.
16.
It is found that the proposed R-S zoning and subsequent residential use proposed with
the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future
Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be
designed and constructed in a manner that will be harmonious with, and appropriate in appearance
with, the existing and intended character of the surrounding area. The existing character of the area
will, and is, currently changing, especially upon build-out of the proposed project and other similar
subdivisions in the general vicinity. It is not found that the proposed zoning/uses will adversely
change the essential character of the area.
17.
Due to other existing and proposed uses near the site, it is not anticipated that the
proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area.
IS.
The Meridian Fire Department bas submitted a list of conditions and needs in order to
adequately serve the project, see number 11. C. hereinabove. Water and sanitary sewer service are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING FOR
BALDWIN PARK ADDmON SUBDIVISION
(AZ-O3-O33)
PAGE 5 OF 12
proposed to be extended from existing main lines adj acentto the proposed development. The ACHD
is recommending, with site specific and standard conditions, approval of the subject development.
Review of the ACHD report for this project will provide additional information.
19.
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire, police and school facilities and services. It is found that there will
not be excessive additional requirements at public cost and that the annexation and zoning will not
be detrimental to the community's economic welfare.
20.
It is found that the proposed residential zoning/uses will not be detrimental to people,
property or the general welfare of the area. It is recognized that traffic and noise will increase with
the approval of this subdivision; however, it is not believed that the amount generated will be
detrimental to the general welfare of the public. It is not anticipated that the proposed annexation
and subsequent uses will create excessive noise, smoke, fumes, glare or odors.
21.
The subject site does not have any vehicular approaches to the site from nearby
arterial or collector roads. This site must rely on the construction and conveyance of stub streets
from the east and west for access. The extension ofthese stub streets, will allow traffic to disperse
without creating interference on public streets in the area. Review of the ACHD report for this
project will provide additional information.
22.
The White Drain bisects this property. The applicant is proposing to leave the White
Drain open, as the developments to the east and west have done. It is found that the proposed
annexation and zoning should not result in the loss or damage of any natural or scenic feature, as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-033)
PAGE 6 OF 12
long as the White Drain is adequately protected. There does not appear to be any natural or scenic
feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and
developed with residential uses.
23.
In accordance with the findings listed above, it is found that the annexation and
zoning of this property to R-S would be in the best interest of the City.
24.
It is found that ifthe developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 11, 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.
25.
It is also found that the development considerations as referenced in Finding No.
11 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDillON SUBDIVISION
(AZ-O3-033)
PAGE 7 OF 12
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 the Arnended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
It appears that the R-8 zoning is in accordance with the 2002 Comprehensive Plan and
Future Land Use Map.
5.
The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(Ro8) Medium Density Residential District: The purpose of the R-8 District is to pennit
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
pennit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDmON SUBDIVISION
(AZ-O3-O33)
PAGE80F 12
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, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuantto 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 hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 10.17 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 10. 71 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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 meet 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDmON SUBDIVISION
(AZ-O3-033)
PAGE90F 12
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-
domestic purposes such as landscape irrigation.
B.
Adopt the site specific requirements, conditions of approval and street improvements, which
are required, of the Ada County Highway District listed in their report dated January 8, 2004.
C.
Adopt the Meridian Fire Department's Recommendations as follows:
The following will be the requirements and/or concems to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDmON SUBDIVISION
(AZ-O3-033)
PAGE 10 OF 12
S. Parking is to be restricted to one side on the 42' street section.
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-S) 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 zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-S003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (2S) days after the fmal 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 may be filed.
Please take notice that this is a fmal action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (2S) days after
the date of this decision and order, seek ajudicialreview as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-033)
PAGE 11 OF 12
By action of the City Council at its regular meeting held on the
¡:;prt/L~1J.. ,2004.
v
Z.,. 7l day of
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED Aí~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 2"" 2--4-- () 4-
MOTION:
APPROVED:..)(- DISAPPROVED:-
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-O3-033)
íie Weerd
Attest:
J!~~
PAGE 12 OF 12