Z - FINDINGS SignedCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0154 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 0.99 Acres of Land with an R-2 Zoning
District for Lasken Annexation, by Tom Lasken.
Case No(s). H-2017-0154
For the City Council Hearing Date of: April 3, 2018 (Findings on April 17, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 3, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 3, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 3, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda April 17, 2018 – Page 211 of 491
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation & zoning is hereby approved with the requirement of a
development agreement with the provisions noted in the Staff Report for the hearing date of
April 3, 2018, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of April 3, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0154 LOLMe'l - 2 -
By action of the City Council at its regular meeting held on the 1— day of
2018.
COUNCIL PRESIDENT JOE BORTON VOTED 1�4
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1((°1
COUNCIL MEMBER TY PALMER VOTED _
COUNCIL MEMBER TREG BERNT VOTED
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COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:Oh)j P 0,d"l() (,his Dated: 4-17—/H
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0154 L.QSKe -) - 3 -
Exhibit A
Lasken Annexation H-2017-0154 PAGE 1
STAFF REPORT
HEARING DATE: April 3, 2018
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Lasken Annexation – H-2017-0154
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Thomas Lasken, has submitted an application for annexation and zoning (AZ) of 0.99
of an acre of land with an R-2 (Low Density Residential) zoning district. See Section IX Analysis for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with an R-2 zoning district, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning
& Zoning Commission heard this item on March 1, 2018. At the public hearing, the
Commission voted to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Tom Lasken
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Public outreach to the other Ada County parcels in the area the ability to have City
services stubbed to their property.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on April 3, 2018. At the public hearing, the
Council approved the subject Annexation request.
a. Summary of City Council Public Hearing:
vii. In favor: None
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Sonya Allen
xii. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
Meridian City Council Meeting Agenda April 17, 2018 – Page 214 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 2
i. None
c. Key Issues of Discussion by Council:
ii. None
di. Key Council Changes to Staff/Commission Recommendation
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0154 as presented in the staff report for the hearing date of April 3, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0154
as presented in the staff report for the hearing date of April 3, 2018, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0154 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 721 E. Pine Avenue, in the NE ¼ of Section 7, Township 3
North, Range 1 East.
B. Owner/Applicant(s):
Thomas H. Lasken
721 E. Pine Ave.
Meridian, ID 83642
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 9, 2018 (Commission); March 16, 2018
(Council)
C. Radius notices mailed to properties within 300 feet on: February 2, 2018 (Commission); March
12, 2018 (Council)
D. Applicant posted notice on site by: February 18, 2018 (Commission); March 23, 2018 (Council)
VI. LAND USE
Meridian City Council Meeting Agenda April 17, 2018 – Page 215 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 3
A. Existing Land Use(s) and Zoning: There is a single-family residential home and associated
outbuildings on this site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Pine Avenue and single-family homes in the Danbury Fair Subdivision zoned R-8.
2. East: Single-family residential property, zoned RUT in Ada County
3. South: Single-family residential property, zoned RUT in Ada County
4. West: Single-family residential property, zoned RUT in Ada County
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: The city owns and maintains a sanitary sewer main along the south
boundary of the subject parcel. With the reconstruction of E. Pine Avenue, a new sewer
main is being installed across the frontage of the subject parcel.
b. Location of water: The city owns and maintains a 10-inch diameter water main along the
north boundary of the subject parcel in E. Pine Avenue, and the existing home is
currently being served. With the reconstruction of E. Pine Avenue, a new 12-inch
diameter water main is being installed across the frontage of the subject parcel.
c. Issues or concerns: Applicant shall be required to connect to the new sanitary sewer
mainline in E. Pine Avenue when it becomes available.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open waterways on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The purpose of the MU-C designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood
areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be
of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU-C plan depicted below
(Figure 3-3 in the Comprehensive Plan, pg. 27).
Meridian City Council Meeting Agenda April 17, 2018 – Page 216 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 4
This site is not proposed to redevelop in the foreseeable future; the use is intended to remain
residential. Because the subject property is too small (.99 acres in size) to develop as a true mixed use
project, staff recommends an R-2 zoning designation in the interim because the property is anticipated
to be used in its current form for a number of years.
When the property develops in the future, staff anticipates that this property will be consolidated into
a larger project that will provide for the uses required to have a true mixed use project, and then the
project will meet all of the requirements of a mixed use project. R-2 seems to be the most appropriate
zoning designation for the property as it currently exists.
At this time, the sole reason for annexation is that the property owner would like to utilize city
services since Pine Avenue. Pine Avenue is currently being widened and the applicant would like to
utilize this expansion to add a utility connection to his property.
At such time as a change in use and/or redevelopment is proposed, the applicant should rezone the
property to a commercial or high density residential zoning district to be consistent with the FLUM.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Require that development projects have planned for the provision of all public services.”
(6.02.01B)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject property
in the following manner:
Sanitary sewer and water service is available to the property.
The lands are capable of being serviced by the Meridian Fire Department (MFD).
The lands are capable of being serviced by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Meridian City Council Meeting Agenda April 17, 2018 – Page 217 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 5
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
“Explore options to annex County parcels that are contiguous with City limits to allow for more
efficient provision of City services.” (3.04.01F)
The property owner has requested annexation of the subject property into the City. The site is
contiguous with City limits and City services will be provided to the property once it is annexed
which will allow for the efficient provision of City services.
“Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J)
The continued residential use of this property is compatible with the residential nature of the
neighborhood.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Access for this property is provided via E. Pine Avenue. This access will remain as part of this
application. With future redevelopment of the property, the direct access to E. Pine Avenue may
be restricted.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The existing use of the property for
single-family detached dwellings is a principally permitted use in the R-2 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ):
The Comprehensive Plan Future Land Use Map designation for the property is Mixed-Use
Community. The applicant requests annexation to hook-up the existing home and outbuildings to
City water and sewer service.
This site is comprised of 0.99 of an acre of land zoned RUT in Ada County. The applicant
proposes to annex the property with an R-2 zoning district. Staff anticipates this property to be
developed as a larger mixed use project but feels that the zoning given to the property should
match existing conditions. In order to develop further, this property will need to be rezoned.
The applicant is requesting annexation because it is an opportune time to acquire sewer service
for the property since Pine Avenue will be reconstructed.
Staff recommends the property is zoned R-2 consistent with the existing and continued residential
use of the property. When a change in use or redevelopment of the site occurs, the applicant
should rezone the property to a commercial or high density district consistent with the FLUM at
that time. The City has the ability to require a development agreement but in this case we are not.
This parcel is part of a larger mixed used area, the parcel is small and other properties need to be
Meridian City Council Meeting Agenda April 17, 2018 – Page 218 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 6
consolidated to develop a well-integrated mixed-use development in the area.
City water & sewer service: Applicant shall be required to connect to the new sanitary sewer
mainline in E. Pine Avenue when it becomes available.
Access: The site currently takes access from E. Pine Avenue; however, upon redevelopment or a
change in use of the site, access via Pine shall be prohibited in accord with UDC 11-3A-3A,
unless otherwise waived by City Council and approved by ACHD.
Staff recommends approval of the proposed AZ application with an R-2 zoning in accord with the
comments and conditions listed in Exhibit B.
Meridian City Council Meeting Agenda April 17, 2018 – Page 219 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 7
X. EXHIBITS
A. Drawings
1. Vicinity Map
B. Agency Comments
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda April 17, 2018 – Page 220 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 8
Exhibit A.1: Vicinity Map
Meridian City Council Meeting Agenda April 17, 2018 – Page 221 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 9
Exhibit B: Agency Comments
On February 8, 2018, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and
Republic Services. Staff has included all comments and recommended actions below.
1. PLANNING DIVISION
1.1 The existing house shall hook-up to City water and sewer service within sixty (60) days of the
annexation ordinance approval by City Council as set forth in MCC 9-1-4A.
1.2 With redevelopment of this property, access to this property shall be in accord with UDC 11-3A-
3.
2. PUBLIC WORKS DEPARTMENT
2.1 The city owns and maintains a sanitary sewer main along the south boundary of the subject
parcel. With the reconstruction of E. Pine Avenue, a new sewer main is being installed across the
frontage of the subject parcel.
2.2 The city owns and maintains a 10-inch diameter water main along the north boundary of the
subject parcel in E. Pine Avenue, and the existing home is currently being served. With the
reconstruction of E. Pine Avenue, a new 12-inch diameter water main is being installed across the
frontage of the subject parcel
2.3 Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue
when it becomes available.
2.4 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.5 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.6 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.7 Any and all grading of the site shall be performed in conformance with MCC 11-12-3H.
2.8 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 The proposed project has no Fire Department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department recommends that direct access to S. Locust Grove Road is prohibited.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
Meridian City Council Meeting Agenda April 17, 2018 – Page 222 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 10
6. PARKS DEPARTMENT
6.1 There are no pathways designated for this site. Therefore, the Park’s Department has no
comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 There is no impact fee due for this application and an ACHD inspection is not required.
Meridian City Council Meeting Agenda April 17, 2018 – Page 223 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 11
Exhibit C: Annexation Legal Description & Exhibit Map
Meridian City Council Meeting Agenda April 17, 2018 – Page 224 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 12
Meridian City Council Meeting Agenda April 17, 2018 – Page 225 of 491
Exhibit A
Lasken Annexation H-2017-0154 PAGE 13
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Commission finds that the proposed map amendment to R-2 is generally consistent with
the provisions of the Comprehensive Plan noted above in Section VII.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the R-2 zoning district is
generally consistent with the purpose statement of the residential districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Commission recommends that the Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Commission finds annexing this property with an R-2 zoning district is in the best
interest of the City as the property will be able to utilize available City services and it will
reduce the enclave areas in this area of the City.
Meridian City Council Meeting Agenda April 17, 2018 – Page 226 of 491