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Hartford Subdivision AZBEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION VIJYA LAXMI DEVELOPMENT, INC., RAY PATEL ANNEXATION AND ZONING A PORTION OF THE SW 1/4 SW 1/4, SECTION 35, T.4 N., R.1 W., B.M. NORTH OF USTICK ON USTICK ROAD HARTFORD SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 31, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heardand taken oral and written testimony and the Applicant appearing through its engineer, Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31, 1994, hearing; that the public was given full opportunity toexpress comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 19.57 acres in size; it is located at 3340 North Ten Mile Road on the east Side and in the northeast corner of the intersection of Ustick Road and Ten Mile Road; the development would include 57 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home and the remainder of the property surrounding the single. family residence is used for agricultural- purposes; that the Applicant's application for subdivision approval, submitted with the application for annexation and zoning stated that they have approximately 3.17 dwelling units per acre, that the houses would meet the ordinance requirement which is 1,400 square foot homes in the $80,000 to $125,000 range; that all streets are proposed to be built to ACHD standards with access to the project being off Ustick Road; that the Applicant's representative testified that they desire a sewer lift station~ that they would install pressurized irrigation, that the house would be in the subdivision with access onto ten Mile Road, that irrigation would be piped, that a note would be placed on the plat regarding the nearness of the Meridian Sewer Plant, that the Comprehensive Plan identifies this area as being a single family residential area, that they would berm and HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 2 fence for landscape, and that they will apply for a variance of the 1,000 foot limitation on the length of one of the blocks. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record, Ray William Wilder and Janet Wilder, have requested the annexation and consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That there were two people testifying at the hearing; that John Shaffer, the owner of the property to the east, testified that he was not against the development but that he thought there should be access to Ten Mile Road and that he desired that there be a barrier for foot traffic to prevent them from going onto his property; Tami Shaffer testified about her concerns over school problems; Ray Wilder the property owner testified that the water was not being used and that if a stub street were required to access the property to the north it would no go anywhere. 10. The. Ada County Highway District, Department of Health, the Nampa Meridian Irrigation District, City Engineer, City Police Department, Idaho Power, Nampa & Meridian Irrigation District, MeridianSchool District, Ada County Street Name Committee and City HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 3 Fire Department did submit comments and such are incorporated herein as if set forth in full. 11. The City Engineer, Gary Smith, submitted comments and he questioned whether an above creek crossing could be made to connect sanitary sewer to the existing trunk sewer line, what would be the status of the irrigation ditch .crossing this parcel, that restrictive covenants need to be submitted, that the highest seasonal groundwater elevations need to be determined, and that the sewer treatment plant is close by and that odors do escape from the plant on occasion. 12. That the Planning director submitted comments, some of which were similar to those of the City Engineer, but also that a development agreement was required as a condition of annexation and that a link to the proposed bike path on Five Mile Creek was needed. 13. The Meridian School District's comment on this annexation request was that the 'subdivision proposed for the land would mean 20 elementary aged children, 17 middle school aged children and 20 senior high aged students; that Linder Elementary School is at 137% of capacity, Meridian Middle School at 129% of capacity and the Meridian High School at 116% of capacity; the District went on to state as follows: "There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 4 schools." 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 16. That Meridian has, and is, experiencing a population increase; .that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City~ water and sewer, but the sewer may be a problem because a lift station may be required and it is the policy of the City to avoid lift stations if at all possible; another means of sewer service may have to be investigated. 18. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: 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 or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- 'residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires Connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 5 19. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family,, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellingspe acre if physical connection is made to existing City ofr Meridian water and sewer service and the property is platted and subdivided . . 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and ~igh density residential may be considered. All residential .development must also comply with the other appropriate sections of this plan." 22. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), . . ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 23. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that~ the land is relatively close'to HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 6 Meridian and economic conditions are making it difficult to continue farming in the area. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision "- that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the. City knows that the increase in population does not sufficiently increase the tax base to offset HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 7 the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not p~ovide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That seCtion 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of HARTFORD SUBDIVISION FINDINGS& CONCLUSIONS Page - 8 way. Landscaping, screening or lineal open space corridors may be required for the protection of 'residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: To preserve openness; To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; ' To buffer more intensive adjacent urban land uses; To enhance local identification within the area due to the internal linkages; and To link residential neighborhoods, recreation facilities." park areas and 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the' City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual for Ada Count9 (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. ~ON~LUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 9 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City'of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, ChaPter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be .a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 10 upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 11 this paragraph are not met. The development agreement shall also address the landscaping along Ten Mile Road and Ustick Road, and maintenance thereof, by a mandatory'home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of HARTFORD SUBDIVISION' FINDINGS & CONCLUSIONS Page - 12 1,400 square feetQust be met. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be interest of the City of Meridian. 17. That if these conditions of approval are property shall be subject to de-annexation. in the best '~~m~the APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission. hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~ VOTED VOTED~/ VOTED VOTED DECISION AND ~ECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City ~!anning and?-c.-?~.D,~/Com~.iu=ion of the City of Meridian that they approve the annex~u~ion and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and' Conclusions of Law and that if the conditions are not met that the property be de-annexed. MOTION '. APPROVED: ~-~_ DISAPPROVED: HARTFORD SUBDIVISION FINDINGS & CONCLUSIONS Page - 13