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Sherbrooke Village Subdivision BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CITY OF MERIDIAN SHERBROOKE VILLAGE SUBDIVISION WEST PARK COMPANY. INC. ANNEXATION AND ZONING NORTH OF VICTORY AND WEST OF EAGLE ROAD SE % SECTION 20~ T. 3N.. R. 1 E. MERIDIAN~ IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, hearing, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's Representative, BECKY BOWCUTT, appearing in person, 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 hearings scheduled for Ju ne 17, 1998, FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 1 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, 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 reference is incorporated herein; the property is approximately 7.58 acres in size; it is North of Victory and :4 mile East of Locust Grove, Ada County, Idaho. 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. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Sherbrooke Village Subdivision will be an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Westpark Company, Inc., is not the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of I mpact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 2 Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential. 10. That the property can be serviced with City water and sewer. 11. That the public testimony given at the hearing before the Planning and Zoning Commission was as follows: 12. Mrs. Becky Bowcutt was sworn in by the Assistant City Atttorney, She noted that the proposed Sherbrooke Village subdivision abuts up against the approved Sherbrooke Hollow subdivision. She noted that there was one existing home on the parcel that will remain. She noted that the streets in the subdivision will be 37 foot sections with 5 foot sidewalks on both sides. She noted that the highway district requested a 45 foot right of way. Further, they require 5 feet of detached sidewalks on Victory Road. There wil be 31 lots with 2.82 dwelling units per acre. The lots will be 8,000 square feet with the required 80 foot frontage. The developer is working with the Nampa- Meridian Irrigation District to pipe and relocate a ditch that exrtends to the Nine Mile Drain. She noted that the 31 lots would connect to the pressurized irrigation in Sherbrooke Hollow. They will have a shallow well as a secondary source of water. She noted that they received a permit from the Dept of Water Resources for the secondary well in the event of an emergency. They have otherwise entered into a license agreement with Nampa -Meridian Irrigation District to take over the system. 13. Commissioner Smith inquired whether the detached sidewalk would extend FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 3 across the existing lot and the front side of Victory Road. Mrs Bowcutt noted that the sidewalk would extend 640 feet, which would be the full length of the property. 14. Commissioner Borup inquired whether the applicant had any problems or concerns with the staff comments. Mrs Bowcutt noted that they have no problems. 15. Commissioner DeWeerd inquired about the existing home and whether the owner approved of the development. Mrs. Bowcutt noted that the home has been sold to Westpark Company. 16. There was no further testimony at the hearing. 17. The Meridian Police Department submitted no comments. 18. The Meridian Fire Chief, Kenny Bowers, submitted the comment the Department would not have a problem with the annexation and zoning. 19. The Central District Health Department submitted that they have no objection to the proposal. After written approval from appropriate entities are submitted they can approve this project for central sewage and central water. The plan for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare. 20.. The Nampa & Meridian Irrigation District had no comments on the application. 21. That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari Stiles, Planning and Zoning Administrator, specifically commented as follows: GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING in this project, shall be tiled per City Ordinance 11-9-605,M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department No variances have been requested for tiling of any ditches crossing this project b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation. c. Provide five-foot-wide sidewalks in accordance with City Ordinance 11-9- 606.B. d. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. e. That water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. f. Coordinate fire hydrant placement with the City of Meridian's Water Works Su perintendent g. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. h. Respond, in writing, to each of the comments contained in this memorandum by 5:00 p.m., of the Tuesday prior to the scheduled hearing by the Planning and Zoning Commission. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS: a. The legal description submitted with this application includes a portion of the property that was annexed as Sherbrooke Hollows Subdivision. Please submit a new legal describing only that portion of property not previously annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, 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 existing city limit boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 5 b. Sanitary sewer service to this site could be via extensions from the trunk line system installed as part of the Los Alamitos and the proposed Highlands Ranch Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. c. Indicate the existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. d. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 3. Fees are to be paid prior to signature of City Engineer on the final plat. e. 250- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. f. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. g. Applicant has provided subsurface soil information that was gathered in 1996 and 1997 for the Sherbrooke Hollows Subdivision. From that information, it isn't clear whether any of the test holes are within the boundaries of this proposed development. Please provide the Public Works Department a letter from a soils scientist that defines the subsurface soils condition, including an elevation referenced to project datum to the "normal" high ground water, within the boundaries of this proposal. If this requested information can't be determined from the existing data that was submitted, then possibly additional test holes and monitoring will be necessary. The design centerline of the streets shall be a minimum of (3') 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING feet above the "normal" high ground water elevation as established by a soils scientist. h. Construct six-foot-high, permanent, non-combustible perimeter fencing along the eastern boundary against the "Unplatted RT" property. Fencing is to be in place prior to applying for building permits. i. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. j. A development agreement is required for this project, as a condition of annexation of the property. 30. 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; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 31. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning. 32. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1 U states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 7 "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." 33. 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 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided. . .n 34. 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 High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 35. That the Meridian Comprehensive Plan, under Population, 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, apartments, condominiums. " "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." 36. 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 continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 8 37. 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 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. 38. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 9 39. 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.ll 40. 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." 41. 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;" 42. 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; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 10 and 6. To link residential neighborhoods, park areas and recreation facilities." 43. 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. 44. There was no further testimony given at the hearing. 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 is a Legislative function. 3. That the City Council 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 11 5. That the City Council 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 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. 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, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 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's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 12 and addressed in a Development Agreement. 12. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will selVe the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; 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 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Stiles. 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 impact, development, 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 selVices, if the requirements of this paragraph are not met. 13. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 14. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 13 15. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the best interest of the City of Meridian. 17. 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 KEITH BORUP VOTED-+ VOTED~ VOTED A-b's.e-7-tr- VOTED A;-e VOTED - COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER DeWEERD CHAIRMAN MacCOY FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 14 DECISION AND RECOMMENDA liON 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 in the Conclusions 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 be specifically required to meet all of the Ordinances of the City of Meridian, and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: C)?;-'7.- 7 -9-98--Fill,iSI1 ~ 1/1 g DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 15 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED~ VOTED {~ VOTED~ VOTED dL.-aMfJ- MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVED_~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF lAW - ANNEXA liON & ZONING FOR SHERBROOKE VillAGE SUBDIVISION