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
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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
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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.
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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
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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
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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
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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
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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