Charles Crane AZ 99-013
Rt;(CIsr'('v7E:~:D
Revisions 01-26-00
BEFORE THE.
JAN 2 6 2000
CITY OF IvillIUDIAN
__ _ _ ~ ~ ~~, elL
IN THE MA TIER OF THE )
APPLICATION OF CHARLES )
CRANE, THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 1.9 ACRES FOR AT 3610 W. )
USTICK RD. ,MERIDIAN, IDAHO )
)
Case No. AZ-99~0 13
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on September 21, 1999, and continued to October 5, 1999, and
Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared
and the matter was continued for public hearing to November 3, 1999, at the hour of
7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing and testifying was the Applicant and owner, Charles
Crane, and no one appeared in opposition, and the matter was reopened for public
hearing on January 18,2000, and appearing and testifying were Shari Stiles, Planning
and Zoning Administrator, and Gary Smith, Public Works, and the applicant,
Charles Crane, appeared and testified, and no one appeared in opposition, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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. The notice of public hearing and the reopened public hearing on the
application for annexation and zoning were published for two (2) consecutive weeks
prior to said public hearings scheduled for September 21, 1999 and J anuaty 18,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
(300') feet of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the September 21, 1999 and January 18,2000,
public hearings; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67~6511, and S~1l-2-416E and 11"2A17A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title II, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 1.9 acres in size. The property is
located at 3610 W. Ustick Road.
5. The owner of record of the subject property is Charles Crane, of 3610
W. Ustick Road, Meridian, Idaho.
6. Applicant is the owner of record.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of a single family dwelling.
8. The Applicant requested the property be zoned as Meridian City Low
Density Residential (R~4) defined at 11-2-408(3).
9. The proposed site of the subject property is located north of Ustick
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
(
Road approximately 1,000 feet west of Ten Mile.
10. The subject property is bordered to the south by Englewood Creek
Estates Subdivision, to the north, east and west by rural agricultural property. The
city limits of the City of Meridian are adjacent and abut to the south of the subject
property.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant/Owner has no present plans to develop the property
other than to divide the property and sell one parcel, but anticipates it "vill be
developed as Low Density Single-Family Dwellings.
14. The Applicant requests zoning of the subject real property as Low
Density Residential (R~4) which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Low Density
Single Family and Rural Residential Housing.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. This matter was reopened for public hearing in order to receive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
additional evidence and clarification of the requirements of the Ada County Highway
District for this application.
17. The Council received a report from Larry Sale, Planning and
Development Supervisor, of the Ada County Highway District, dated December 21,
1999, which provided in its relevant parts: "In this case, the staff report [referring to
the earlier report that had set out certain dedication conditions for which the hearing
was reopened to clarify J provided serves to let the applicant know what ACHD
improvements will be required, when and if the site redevelops. ACHD does not
have any requirements for the rezone of the site at this time."
18. Giving due consideration to the comment received from the
governmental subdivisions providing selvices in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development win
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the recommendations of the Engineering Department and the Planning and
Zoning Department as follows:
18.1 The property should be zoned R-2, Rural Low Density Residential, with
restrictions that the property can be split into only two parcels.
18.2 Application shall provide documentation to the City showing eligibility
for a one-time lot split.
18.3 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. Wells may be used for non-domestic purposes such as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
landscape irrigation.
18.4 Applicant shall coordinate utility connections with Meridian Public
Works Department.
18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish
and wildlife habitat and existing vegetation along Nine Mile Creek must
be protected and maintained as per section 5.3 of the Comprehensive
Plan.
19. The Meridian Planning and Zoning Commission approved the
application as annexation and zoning for R-2 Rural Low Density Residential.
20. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 18, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
21. It is also found that the development considerations as referenced in
Finding No. 18 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
22. It is found that the zoning of the subject real property as (R-2) Rural
Low Density Residential District allows only two (2) dwelling units per acre and
requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the
zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Low Density Single Fanlily and Rural
Residential Housing.
23. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
23.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
23.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
23.3 The application is consistent with Meridian's self identity.
23.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
23.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
23.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
24. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 Municipal Code of the City of Meridian Section 11-
2-417 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The .following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance ofland use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The requested zoning of Rural Low Density Residential District, (R-2) is
defined in the Zoning Ordinance at 11-2-408 B. 1. as follows:
(R-2) Rural Low Density Residential District: The purpose of the (R-2)
District is to permit the establishment of rural low density single-family
dwellings, and to delineate those areas where predominately rural residential
development has, or is likely to occur in accord with the Comprehensive Plan
of the City, and to protect the integrity or rural residential areas by prohibiting
the intrusion of incompatible non-residential uses. The (R~2) District allows
for a maximum of two (2) dwelling units per acre and requires connection to
the Municipal Water and Sewer systems of the City of Meridian.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop single-
family dwelling units on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
8. 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 11 ~9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11~2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parceL
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 1. 9
acres to Rural Low Density Residential District (R~2) is granted subject to the terms
and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 1.9 acres. The legal
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the follovving
conditions of development to-wit:
3.1 The property should be zoned R~2, Rural Low Density Residential, "vith
restrictions that the property can be split into only two parcels.
3.2 Application shall provide documentation to the City showing eligibility
for a one-time lot split.
3.3 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. Wells may be used for non-domestic purposes such as
landscape irrigation.
3.4 Applicant shall coordinate utility connections with Meridian Public
Works Department.
3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish
and wildlife habitat and existing vegetation along Nine Mile Creek must
be protected and maintained as per section 5.3 of the Comprehensive
Plan.
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~2) Rural Low Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARl.ES CRANE
(
Residential District (~ 11-2-408 B 1 of the Revised and Compiled Ordinances of the
City of Meridian).
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 ~ 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in
accordance \vith the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
/5'p
day of Fe6;-KrI/Lf
ROLL CALL
,2000.
COUNCILMAN RON ANDERSON
VOTEO$a....
COUNCILMAN KEITH BIRD
VOTED -f/t:fG
COUNCILMAN TAMMY deWEERD
VOTED If/JJ-e~
COUNCILMAN CHERIE McCANDLESS
VOTEO~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2-!-{)O
VOTED
MOTION:
APPROVE~ISAPPROVEO'
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By~~pi~/Q
ity Clerk . I'
Dated:
2-1-.(}O
msgJZ:\ W ork\M\Meridian J 53 60M\Cranc, Charlcs\AZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE