Loading...
Tarawood Subdivision AZ 99-015CITY OF ~IERIDL~N BEFORE THE MERIDIAN CITY COUNCIL IN THE IVLATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS AI.AaMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-015 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 October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Becky Bowcutt from Br~ggs Engineering, appeared and testified and appearing in opposition or ~vith concerns were: Clint Riley, Michael DeMayo, Scott Jar,As, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of La,v, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONiNG/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC FINDINGS OF FACT i. The notice of public hearing on the application for annexation and zoning xvas published for txvo (2) consecutive ~veeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and ~vritten notice having been mailed to property o~vners or purchasers of record ~vithin three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (i5) days prior to said hearing and ~vith 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 ~vere 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 October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing serqices within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance ~vith all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and developmen~ ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOP. ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 2 i, 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 12.80i acres in size. The property is located south of Los Alamitos Park and north of Sherbrooke Hollo~vs Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The owner of record of the subject property is Michelangelo Invesmtents, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property ~vith Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to thc xvest. I 1. The property ~vhich is the subject of this application is within the Area of hnpact of the City of Meridian. 12. The entire parcel of the property is included ~vithin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent ~vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development ~vill not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance I 1-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC I5.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 Plans ~vill need to be approved by the appropriate irrigation/drainage district, or lateral users association, xvith ~vritten confirmation of said approval submitted to the Public Works Department. No variances have been requested for filing of any ditches crossing this project. Any existing domestic wells and/or septic systems ~vithin this proiect will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells mav be used for non-domestic purposes such as landscape irrigation. Provide 5' ~vide side~valks in accordance ~vith City Ordinance Section i 1-9-606.B. Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department, Sewer manholes are to be provided to keep the server lines on the south and ~vest sides of the centerline. Water service to this site ,vill be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGFFARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizin§ and routing with the Public Works Department. 15.10 i00-~vatt, high-pressure sodium streetlights ~vill 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. 15.1i Applicant indicated that the pressurized irrigation system ~vithin this development is to be owned and maintained bv the Nampa & Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the mininmm street frontage, create a 10 foot wide common area in place of the i0 foot easement adiacent to the north of Lot 3, Block 1. These lots are to be o~vned and maintained by the Home Owners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways 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. 15.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 15.15 Applicant shall enter into a Development Agreement ~vith the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. 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. 15, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC wi[l be protected, ~vhich requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner ~vhich is harmonious and appropriate in appearance ~vith the existing, or intended character of the general vicinity, in order to assure that the proposed use ~viI1 not change the essential character of the affected vicinity and will insure that the proposed uses ~vill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development ~vill serve existing and grooving needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. 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: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 20.2 20.3 20.4 20.5 20.6 20.7 20.8 requirements of the Zoning ordinance assure that the processing of such application is the management of growth xvith the aim to achieve high- quality development. Enhancement of Meridian's quality of lit~ 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. This proposed new gro~vth development will finance public service expansion by the requirement herein that the applicant comply ~vitb the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this lnatter. The expansion of commercial development is facilitated bv the granting of this application subject to the conditions herein set forth. The application is consistent with Meridian's self identity. The proposed development will be consistent ~vith the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements services and its open space character. The preservation and improvement of the character and quality of Meridian's man-made environment ~vhile maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 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. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City ~vater and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon ~vritten request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies ~vithin the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1 I- 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 ~vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of i975', codified at Chapter 65, Title 67, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 To preserve Meridian's enviroomental quality and to make provisions for and improve the total natural environment by adopting City-~vide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 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 r~e~v housing units within the Urban Service Planning Area. 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. To provide housing opportunities for all economic groups ~vithin the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities ~vhich will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC revenues pay for sendces. 4.10 To create an Urban Service Planning Area which is visuallv attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential, (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follosvs: (R-4) Low Density Residential District: Only single-family d~vellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single- family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord ~vith the Comprehensive Plan of 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 maxinmm of four (4) &veiling units per acre and requires connection to the Municipal Water and Server systems of the City of Meridian. 6. That Section 1 i-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allo~ved in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Lo~v Density Residential (R- 4) District. By authority of the City of Meridian' under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELAaNGELO INVESTMENTS, LLC conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Butt vs. The Citv of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9. 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, ~vhich pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subiect to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follo~vs: 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 ~vritten commitment concerning the use or development of the subiect 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 oxvner 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 12.801 acres to Low Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.801 acres. 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 Corporate City Limits per Ordinance No. 686. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements with the following special terms and conditions related to this application to-wit: 3. i Any existing irrigation/drainage ditches crossing the property to be included 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 ,vritten confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project ~vill 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. 3.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessa~ to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 3.6 3.7 3.8 3.9 3.10 3.11 3.i2 3.13 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Respond in ~vriting, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Sanitary sewer service to this site ~vill be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing ~vith the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the rvater mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing ~vith the Public Works Department. 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. Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. Adjust adjacent lot line to provide the minimum street frontage, create a i0 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian path,vays. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 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 ~vhich is the subject of the application to (R-4) Lo~v Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 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 oning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page i5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NOTICE OF FINAL ACTION Please take notice that this is a final action of the govermng body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this derision and order seek a judicial review as provided by Chapter 52, Tide 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ £~ day of ,1999. ROLL CAT,I, COUNCILMAN ANDERSON VOTED_~ COUNCILMAN BENTLEY VOTED___~ COUNCILMAN BIRD VOTED_~ COUNCILMAN ROUNTREE VOTED_~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARA. WOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC MAYOR ROBERT D. CORRIE (TIE BREAKER) DA ED: VOTED MOTION: APPROVEc~~:=='- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. C~y ~ierk '",,,g..~...'.; ,,,," ,,.. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC