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Jerrie Wolf AZ ORIGINAL r~ . . "',L BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JERRIE WOLFE AND ASSOCIATES, ARCHITECTS ANNEXATION AND ZONING A PORTION OF SECTION 6, T.3N., R.1E, B.M., ADA COUNTY, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 9, 1993, 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 heard and taken oral and written testimony and the Applicant not appearing but through Jerry Wolfe, 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 October 9, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 9, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 reference lS incorporated herein; that the property is approximately 3.94 acres in size; it is on the east side of Meridian Road north of Blue Heron Lane and between Cherry Lane Road and Ustick Road. 3. That Jerrie Wolfe stated at the hearing that the development would blend in with the neighborhood; that they need to work out the access to Blue Heron Lane; that the land is planned for eight apartment buildings which would contain sixty-six housing units, 26 one bedroom units and 40 two bedroom units, that there would be 108 parking spaces, a lot of berms for landscaping, a greenbelt, 30 feet of access, and a landscaped play area in the center; he stated that they desired a zoning of R-40 but would develop to an R-20 standard. 4. That the property is presently zoned by Ada County as RT and the proposed use would be for residential type development as above stated. 5. The general area surrounding the property is used agriculturally but there have recently been a substantial amount of subdivision requests In the area which are single family developments. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is not the owner of record of the property, but the applicant has submitted the consent of the titled owners, Dallan Taylor and Gary Belew. 8. That the property included In the annexation and FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 zoning application is within the Area of Impact of the City of Meridian. 9. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is designated in the Meridian Comprehensive Plan and the proposed Comprehensive Plan. 10. There were two people testifying, one was concerned about the access because Blue Heron Lane is a private lane; he wondered whether Blue Heron was going to become a public road and if it would continue to his property, he also was concerned about a bike path intersecting with Blue Heron Lane; the other person testifying was concerned about the heavy truck traffic that now travels Blue Heron Lane. 11. That the property is in the CAIRNS Neighborhood as set forth in Policy Diagram in the current Meridian Comprehensive Plan; that the property is in the Linder District as designated in the proposed Comprehensive Plan; that the proposed Comprehensive Plan designates the area where the land in the application is located to be a mixed planned use development area; that under Housing Development on page 25 and 26 of the Current Comprehensive Plan, property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 12. That In the Rural Area section of the current FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13. That the proposed 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." 14. That the proposed Meridian Comprehensive Plan, under Land Use, Mixed-Planned Use Development, Mixed-Use Area at Locust Grove Road and Fairview Avenue Plus Areas North of Fairview Avenue, at page 28, 5.16U, it states as follows: "All Development requests will be subject to development reVlew and conditional use permit processing to ensure neighborhood compatibility." 15. That the proposed Meridian Comprehensive Plan, under Population, Housing Policies, at page 66 and 67, it states as follows: "1.1 The City of Meridian intends to provide for wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." .. 1 . 3 An open regardless of background." housing market race, sex, age, for all persons, religion or ethnic "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." "1.14 Design and performance standards should be applied to infilling development in order to reduce FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 adverse impacts upon existing adjacent development. " " 1 . 17 The City of Meridian intends to consider the implementation of Planned Development (PD) methods and the use of performance standards through revisions of the City's land use control ordinances." "1.19 High-Density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares." 16. That the proposed Meridian Comprehensive Plan, under Community Design, Entryway Corridors, Meridian Road is designated as an entryway corridor. 17. That the proposed Meridian Comprehensive Plan, under Community Design, Entrance Corridors Goal Statement, it states as follows: "Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian." "4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors." 18. 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 Meridian and economic conditions are making it difficult to continue farming in the area. 19. That the property can be serviced with City water and sewer at this time. 20. Meridian Police Department, Nampa-Meridian Irrigation District, Settlers Irrigation District, Ada County FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 Highway District and Bureau of Reclamation may submit comments and such shall be incorporated herein as if set forth in full; that the Meridian City Engineer, Central District Health Department, Meridian Fire Department, and the Meridian School District submitted comments and they are incorporated herein as if set forth in full. 21. That the comments from the City Engineer regarding Blue Heron Lane were whether the Applicant has access rights to Blue Heron Lane and should the Lane become a public Road? 22. That the comments form the Meridian Fire Chief were that roads need to be in and water hydrants in place before any building is stated and that no paring on the roadway should be allowed. 23. That the R-40 Residential District lS described in the Zoning Ordinance, 11-2-408 B. 6. as follows: (R-40) Hiqh Densi tv Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at density not exceeding forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 24. That the Applicant has requested a zoning of R-40 but indicated that development would be at an R-20 standard. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. That in 1992 the Idaho state Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated 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 proposed subdivision.", that the City of Meridian is concerned with the lncrease 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 . . lncrease In population does not sufficiently increase the tax base to offset 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 provide sufficient tax base to provide for school services to current and future students. 27. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. 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." 29. 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," 30. 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;" 31. 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 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: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To playa major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 4. To buffer more intensive adjacent urban land uses, 5. To enhance local identification within the area due to the internal, linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. 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 Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. CONCLUSIONS 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 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 lS a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 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 upon the annexation of land. 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. 10. That this Application has been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant, and titled owners, must agree that the proposed Meridian Comprehensive Plan, once adopted, shall apply to the land and any FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 development. 11. That since the proposed Meridian Comprehensive Plan says that in mixed use planned development areas all development requests will be subject to planned development methods and conditional use permit processing, the development of the parcel will be subject to the planned development process under the conditional use process. 12. That under the planned development review and conditional use processing, standards shall be required so that that portion of Meridian Road which is included in the development shall be aesthetically maintained with a 35-foot setback for landscaping. 13. That proper and adequate access to the property has not been shown and any development plans will'have to show adequate access and will have to meet City requirements and those of the Ada County Highway District; that Blue Heron Lane will have to become a public road to provide adequate access. 14. That since the Applicant's property is in the CAIRNS NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application are in conformance with the current Comprehensive Plan and do not conflict with the Rural Areas policies, it further is in compliance with the proposed Meridian Comprehensive Plan. 15. That the requirements of the Meridian City Engineer, Central District Health Department and Meridian Fire Department, and of the Ada County Highway District, Settlers and Nampa & Meridian Irrigation District, if submitted, shall be met. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 16. 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. 17. with compliance of the conditions contained herein, the annexation and zoning of R-40 Residential would be in the best interest of the City of Meridian. However, the Applicant shall be limited to development of the property to an R-20 standard, this is because that is what the applicant stated. 18. 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; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 Land 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 the comments of the Planning Director, Wayne Forrey; 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 serVlces, if the requirements of this paragraph are not met. 19. That proper and adequate access to the property is FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 available and will have to be maintained. 20. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 21. That if these conditions of approval are not met the property shall be subject to de-annexation. 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 VOTED !J- f3 Sl/i { to \ ./J if~~ COMMISSIONER ROUNTREE VOTED ~f~ COMMISSIONER SHEARER VOTED LtL~ COMMISSIONER ALIDJANI VOTED~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation 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 the Applicant and owners be specifically required to tile all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 development time requirements and the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED:~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 14