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HomeMy WebLinkAboutBabbitt Annexation AZ-06-055 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JAN 0 9 2006 ~'itY fMeridian . . erk Office """'- 0 /,flty nf .t!i. '\.../VltJridian - '<\ . \ ;.. If MHO /t} ~ ., ~ ...._.".."~,,,' ' . .~.. ""D In the Matter of Annexation and Zoning of 1.12 acres from RUT to R-4 for Gene and Freda Babbitt, by The City of Meridian Public Works Department. Case No(s). AZ-06-055 For the City Council Hearing Date of: January 2,2007 (Findings on the January 16, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 2,2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 2,2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 2,2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 2,2007 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 (LC. 967-6503). 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 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/provisions 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the applicable provisions listed in the attached Staff Report for the hearing date of January 2,2007 incorporated by reference. The conditions (if applicable) are concluded to be reasonable and the applicant shall meet such requirements as a provision of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The annexation legal description submitted with the application (stamped on October 20, 2006 by Glenn K. Bennett, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. There are no site-specific or standard conditions of approval for this application. Please see the attached Staff Report for the hearing date of January 2,2007 incorporated by reference. D. Attached: Staff Report for the hearing date of January 2,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 By action of the City Council at its regular meeting held on the :T~n'(. 6t- ~' 2007. ('fib P day of COUNCIL MEMBER DA VID ZAREMBA VOTED ~ COUNCIL MEMBER JOE BORTON VOTED t?- COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED ~ TIE BREAKER -- MAYOR TAMMY de WEERD VOTED \ \ \ 1\ \1111 , 1111 ,II - a..u- III. ",I ~ 1',"1:::, . " .<" " ,'\.., ;;:' U' ~oR.1 ATTEST: f ~..f.;O r~o c::JI.~ P-~ ( ~ .. 8[;''.\0 J WILLIAM G. BERG, JR., CITY CL~~ ~:r ,g~..f:f "'", '1 .....~ ,...' "'l" ("\,.,.. . '\v 'I; "''''/11 -'U(}NTi, ,\",,, flll1111111 \11\1\\1\ ~ft{ MY de WEERD Copy served upon: ~ Applicant V Planning Department ----:T; Public Works Department --V City Attorney By:.J:wvn.::!1IJIlN City Clerk's Office7 Dated: \-,;);>-01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 STAFF REPORT TO: FROM: Hearing Date: 1/2/07 Mayor & City Council C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 roo.... P /' ''''."' .~ " V'YI.tJridz::'t 't \ IDAHO .' ~ y J~" SUBJECT: Babbitt Annexation AZ-06-055 Annexation and Zoning of 1.12 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, City of Meridian Public Works Department, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 1.12 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 1/3 mile north of Victory Road. This site is currently improved with one single. family residential building and accessory building. The subject request for annexation is based upon the fact that the well that services this home has dried up and the home needs to be hooked up to City water. Gene and Freda Babbitt have signed an affidavit of legal interest, granting the Public Works Department the authority to submit the subject application on their behalf. This property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis and recommends that the subject application be approved. Staff is recommending approval of the proposed Babbitt Annexation (AZ-06-055) as detailed in this report. The Meridian Plannin!! and Zonin!! Commission heard this item on December 7. 2006. At the public hearin!!. thev moved to recommend approval. a. Summary of Commission Public Hearing: i. In Favor: None ii. In Opposition: None Hi. CommentinlZ: None IV. Written Testimonv; None v. Staff Presenting: Application: Caleb Hood vi. Other Staff Commenting: on Application: Mike Cole b. Key Issues of Discussion by Commission: i. None c. Key Commission Chang:es to Staff Recommendation: i. None d. Outstanding Issues for City Council: i. None The Meridian City Council heard this item on Januarv 2. 2007. The City Council annroved the subiect annJications with no chan~es to the staff reDort. a. SummarY of Public Hearin~: 1. In Favor: ~ 11. In ODDosition~ NQne 111. Commentimr: None Babbitt Annexation - AZ-06-055 PAGE] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 IV. Written testimonv: None v. StaffnresentinQ" anolication:_Anna Borchers CanninQ" vi. Other staff ,commentinQ" on annlication: LeIl.Gradv b. Kev Issues of Discussion bv Council: i. None c. Kev Council ChanR"es to Commission Recommendation: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-06- 055 as presented in the staff report for the hearing date of January 2, 2007, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06-055 as presented during the hearing on January 2, 2007: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-06- 055 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2570 S. Locust Grove Road / Section 20, Township 3 North, Range 1 East b. Owner: Gene & Freda Babbitt 2570 S. Locust Grove Road Meridian, ill 83642 c. ApplicantJRepresentative: Karie Glen, Meridian Public Works Department d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to R-4 for 1.12 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: In March of 1994 when Los Alamitos Subdivision public hearing was held we thought that the addition of our farm property to the city included our home site. Later we discovered that we were not included and would need to be annexed separately. The City of Meridian is contiguous to and extends in every direction from our property. We are now out of water and are in dire need of water to live in our home (see letter from Gene & Freda Babbitt, dated October 15, 2006 for more information.) 5; PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. Babbitt Annexation - AZ.06-055 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 20 and December 4,2006 (for P&Z Conunission hearing) and, December 11 and 25.2006 (for City Council hearinQ:) c. Radius notices mailed to properties within 300 feet on: November 9, 2006 (for P&Z Commission hearing) and, December 8. 2006 (for City Council hearinQ:) d. Applicant posted notice on site by: November 27, 2006 (for P&Z Commission hearing) and, December 22.2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: Over the past several years, this area has transformed from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Residential, Los Alamitos Subdivision, zoned R-4 2. East: Residential, Los Alamitos Subdivision, zoned R.4 3. South: Single-family home on large parcel, zoned RUT (Ada County) 4. West: Residential, Salmon Rapids Subdivision, zoned R.4 d. History of Previous Actions: In 1994 the City Council approved the annexation and zoning of the Los Alamitos development. The subject parcel was not included within the boundaries of the development, it was an out parcel. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Residence is currently connected to City sewer. Location of water: Residence is currently connected to City Water. Issues or concerns: None. The sewer and water hook-up fees for the existing residence have already been paid. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for, when this property develops. 3. Floodplain: N/ A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-4 (Medium Low-Density Residential) 7. Size of Property: 1.12 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. Staff believes that the applicant does not have any intention of further developing this property at anytime in the future. Further, once ACHD acquires right-of-way for Locust Grove Road from this site, there will be very little "useable" area on this site for redevelopment. Staff believes that the subject Babbitt Annexation - AZ-06-055 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 use on this site, a single-family home, will continue as is, for the foreseeable future. g. Landscaping: 1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is required adjacent to Locust Grove Road, an arterial roadway, when this property re- develops (UDC 11-2A-4). 2. Width ofbuffer(s) between land uses: N/A h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is provided from Locust Grove Road, and not Time Zone Drive. If and when this property re-develops in the future, Staff will recommend that direct lot access to Locust Grove Road be restricted/prohibited. 7. COMMENTS MEETING On November 17, 2006 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 ofthe Comprehensive Plan.) Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal ill, Objective A, Action 1) 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 lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be 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. Babbitt Annexation - AZ-06-055 PAGE 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 · 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 and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department. the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is not proposing any new land use for this property. Staff believes that the existing single-family home is compatible with the other residences in this area. . Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application includes a request for the R-4 zoning designation. Except for one property to the south currently zoned RUT in Ada County, all of the adjacent properties are currently zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, the zoning of other properties in this vicinity, and further enhances the variety of zoning designations south of the interstate. Stafffinds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Pennitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: As mentioned above, the subject property is proposed for annexation because the well serving the existing home has dried up and the residence needs to be hooked up to city services. There is no additional development planned for this property. Based on the policies and goals contained in the Comprehensive Plan, and what is happening in this area, Staff believes that the requested R-4 zone is appropriate for Babbitt Annexation - AZ-06-055 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 this property. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on October 20, 2006 by Glenn K. Bennett, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-5B-3D2 and Idaho Code 9 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In anticipation of this application being approved, the applicant has already paid the required sewer and water hook-up fees for the existing residence. There are no additional requirements that staff can think of regarding annexing this property. Therefore, Staff believes that a DA is not necessary in this instance. All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R-4 zoning designation. On December 7. 2006. the Meridian Plannin!! & Zonin!! Commission voted to recommend approval of AZ-06-055. On .Januarv 2. 2007. the Meridian City Council voted to ann rove AZ-06-055. 11. EXHffiITS A. Legal Description B. Required Findings from Unified Development Code Babbitt Annexation - AZ-06-055 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 A. Legal Description BOUNDARY DESCRImON FOR THE CITY OF~RIDIAN.1DABO BABBITT ANNEXATiON A parcellocatcd intbe NW ~ of the sw V. of Section 20, Township] North, Range lEilst, Boise Meridillll, Ada County. Idaho, more particularly described as follows: CommencirigBta 518 inch diameter iron pin marking the southwesterly comer ot the Sw 'It. of saUd SeCtion 20, from whicb a steel bar marking the northwesterly comer of said SWv. beats N 0044'49" E a distance of2:654.68 feet; . Thence N 0"44'49" E along the westetlyboundary of said SW ~ a distance of 1991.01 feet to the POINT OF BEOThlNING; Thence continuing N 0044'49" E a distance of 203.04 feet toa point on the extension of the boundary ofLOS ALAMlTOS P .ARK SUBDIVISION NO. J; Thence l~Ving said westerly boundary S 89015'11" E along said LOS A.J..AkfITOS PARK SUBDlJI1SION NO. J bounclaty a distance of 242,78 ~ to a point mmking ,an angle pOint in said WS AL4MlTOSPARK SUBDIVISION NO, J; Thence continuing along said WS ALAMlTOS PARK SUBDIYISION NO. 1 boundary S 0"44'49" W adistaDCe of Zoo.OO feet to II point; Thence leaving last said boundaty N 89"58'11" W a distance of 242.80 feet to the POINT OF BEGINNING, This parcel coJ:itains 1.12 acres. PtepIu'Cd by: Glenn Ie Bennett. PLS Civil surVey Consultants, Inc. 0<1t0ber 20, ,2006 :iVI~OY"'1. , OCi : ~ 2006 t/.ERIOt"WPUBLIC VolORI<S OEPT. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 SKETcnTO ACCOMPANY ANNEXATION DESCRIPTION FOB PARCEL LOCATED IN THE N1Y 1/4 OF TliE SW 1/4 OF SECTION 20; TOWNSHIP 3 NORTH. RANGE 1 EAS1; BO/SE MERIDIAN, ADA COU~ IDAHO. 1/~ ~ ~ ~ !! ~ ~ '~ ,~ (:0 -..J ' ! 1/i 20 JO 29 ~ ~, , " ~: "ME ZONe -DI?/vC -----...........,......~-------......--...--.......... -'--- --,--------"--'----------._---: 1 BLOCK ~ S 89'15 ,,- E 242.78' f:WJBtTT '.'2 AQi'E.5' N 89"5/1',," W 242.80' s~~ nROYA~ OCT 2'; 200S MERIDIAN 1i'U6UC WORKS DEPT- ~ ~ ~ ~ SC4LE.-- ,...50' '-~ '-..,........~ ',,-- ,. '", .~ :t: . BLOCK J Or. ~ LOS ALAMfTOS PARK ~ SUiJlJMSION NO. 1 If) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 B. 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 and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. 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 City Council 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. 5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E). The City Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. B -]