HomeMy WebLinkAboutPfost Property AZ-07-005
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of the Request of Annexation and Zoning of 1.46 acres from RUT (Ada
County) to R-2, by Thomas & JoAnn Pfost.
Case No(s). AZ-07-00S
For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 5,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 5, 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 (I.C. S67-6503).
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 S
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-005 Page 1 00
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 ifthe 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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the provisions of the
Development Agreement contained in the attached Staff Report for the hearing date of
June 5, 2007, incorporated by reference. The conditions are concluded to be 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 S 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 Annexation as evidenced by having submitted the legal description and
exhibit map stamped and dated March 7, 2007 by Clinton Hansen, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
June 5, 2007, incorporated by reference.
D. Attached: Staff Report for the hearing date of June 5, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-005 Page 2 on
By action of the City Council at its regular meeting held on the
Jlif;-M, , 2007.
!r~
day of
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
Attorney.
B~~
City Clerk
Dated: LO-2.l.D-o,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-005 Page 3 of3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
SUBJECT:
Hearing Date: June 5, 2007
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Pfost
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STAFF REPORT
TO:
FROM:
· AZ-07-005
Annexation and Zoning of 1.46 acres from RUT (Ada County) to
&4 R-2 (Medilifl'l Low-Density Residential).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Thomas and JoAnn Pfost, have applied for Annexation and Zoning (AZ) to R-4
(Medium Low-Density Residential) of 1.46 acres of property currently zoned RUT in Ada County.
The site is located at 1205 W. Overland Road on the south side ofW. Overland Road, approximately
~ mile east of S. Linder Road. This site is currently improved with one single-family residential
home and accessory outbuildings. The subject request for annexation is based upon the fact that the
well that services this home is located in the path of the Overland Road widening project. For this
reason, the applicants are requesting annexation to hook up to city water. This property is within the
City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits.
2. SUMMARY RECOMMENDATION
The subject application (AZ) was submitted to the Planning Department for review. Below, staff
has provided a detailed analysis, comments, and recommended actions for the requested AZ
application. Staff is recommending approval of the Pfost Annexation and Zoning (AZ-07-005)
request as presented in the staff report for the hearing date of May 3, 2007, based on the
Findings of Fact listed in Exhibit D of this staff report.
The Meridian Planninl! and Zooinl! Commission heard this item on May 3.2007. At the public
hearinl! the Commission voted to recommend approval.
a. Summary of Commission Public Dearinl!:
i. In favor: Thomas Pfost (Owner/Applicant)
ii. In opposition: None
iii. Commentinl!: None
iv. Written testimony: None
v. Staff presentinl! application: Sonya Watters
vi. Other staff commentinl! on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Chanl!es to Staff Recommendation:
i. ~
d. Outstandinl! Issue(s) for City Council:
i. None
The Meridian City Coundl heard these items on .June 5. 2007. At the Dublic hearing thev
aDnroved the subiect AZ reouest with an R-2 zoning designation.
.a. Summarv of City Coundl Public Hearing:
i. In favor: Thomas Pfost (Owner/ AnDlicantl
ii. In onnosition: None
Pfost AZ-07-005
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
iii. Commentin!!: None
iv. Written testimonv: None
v. Staff nresentinp anDlication: Anna Canninp
vi. Other staff commentin!! on aDDlication: None
hs Kev Issues of Discussion bv Council:
i. Providin!! water service to the Dronertv without annexation
ii. Annexation of the DroDertv with an R-2 zone instead of R-4 zone
.to. Kev Council Chanl!es to Commission Recommendation:
i. ~
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 AZR07.
005 as presented in the staff report for the hearing date of June 5, 2007, with the following
modifications: (Add any proposed modifications)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZR07-005 as
presented during the hearing on June 5, 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-07-
005 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:
1205 W. Overland Road (Parcel #S1224223 105)
Section 24, Township 3 North, Range I West
b. Owner:
Thomas and JoAnn Pfost
1205 W. Overland Road
Meridian, ill 83642
c. Applicant/Representative: Same as Owner
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the
City with an R-4 zone.
g. Applicant's Statement/Justification: "We are requesting annexation into the city so that we can
hook.up to city water. Our well is currently in the path of the widening project of Overland
Road." (See applicant's narrative submitted with application.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By
Pfost AZ-07-005
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: April16t\ 2007 and April 30th, 2007 (Commission); Mav
14th. 2007 and Mav 28th. 2007 (Citv Council)
c. Radius notices mailed to properties within 300 feet on: April 5th, 2007 (Commission); Mav 11th.
2007 (Citv Council)
d. Applicant posted notice on site by: Apri12ih, 2007 (Commission); Mav 26th. 2007 (Citv
Council)
6. LAND USE
a, Existing Land Use(s): There is an existing home and associated outbuildings on the subject site,
b, Description of Character of Surrounding Area: The area surrounding the subject property consists
of rural residential properties and vacant undeveloped land.
c, Adjacent Land Use and Zoning:
1. North: Vacant property, zoned I-L
2. East: Rural residential property, zoned RUT in Ada County
3, South: Rural residential property, zoned RUT in Ada County
4, West: Rural residential property, zoned RUT in Ada County and Christian Family Matters
Church, zoned R-8
d, History of Previous Actions: None
e, Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is not available yet.
Location of water: The applicant has already connected to City Water.
Issues or concerns: Ensuring the applicant connects to City sewer when it becomes
available.
2, Vegetation: NA
3. Floodplain: NA
4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this
property develops.
5. Hazards: Staff is unaware of any hazards associated with this property.
6, Proposed Zoning: R-4 (Medium Low-Density Residential)
7. Size of Property: 1.46 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 intend to further develop this property in the near future.
g, Landscaping:
1. Width of street buffer(s): Upon development of this property, a 25-foot wide landscape street
buffer will be required adjacent to W. Overland Road, an arterial roadway per the UDC.
Pfost AZ-07-005
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
2. Width ofbuffer(s) between land uses: Upon development of this property, a buffer between
land uses may be required, depending on the future use of the property.
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 currently provided from one
driveway to Overland Road. No new access points are proposed or approved with this
application.
7. COMMENTS MEETING
On April 13, 2007 a j oint 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 did not submit comments on this application as no development is proposed at this time and
the use of the property is not changing.
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 of the 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 fmds 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 III, 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 applicant'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.
>>- The subject lands are currently serviced by the Meridian School District No.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.
Pfost AZ-07 -005
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
· 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. The
Comprehensive Plan Future Land Use Map designates all qfthe properties in this vicinity on
the south side of Overland Road as Medium Density Residential. Staff finds that the requested
zoning designation is generally consistent with the Comprehensive Plan designation for this
property, the future land use designated for other properties in this vicinity, and further
enhances the variety of zoning designations south of the interstate.
Staff finds 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 Permitted 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:
AZ Application: As mentioned above, the subject property is proposed for annexation because
the well serving the existing home is located within the Overland Road widening project and the
residence needs to be hooked up to city water. There is no additional development planned for
this property at this time.
Based on the policies and goals contained in the Comprehensive Plan, the future land use
designation of Medium Density Residential for this property, and the widening of Overland Road,
Staff believes that the requested annexation and R-4 zone is appropriate for 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 March 7, 2007 by
Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
Development Agreement: UDC 11-5B-3D2 and Idaho Code ~ 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 water hook-up fees
Pfost AZ-07-005
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
for the existing residence and been hooked up to City water. Because sewer is not currently
available to this property, staff is recommending that a Development Agreement be
required to ensure that when sewer is available to this property that the home be required
to hook up at that time. If the Commission or Council feels additional development agreement
requirements are necessary, staff recommends a clear outline of the commitments of the
developer being required.
A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at the time of annexation ordinance adoption). The
applicant shall contact the City Attorney, Bill Nary, at 8884433 within 3 months of
Council approval to initiate this process. The DA shall include, at minimum, the following:
· That the existing home on this property shall be required to connect to City sewer
within 6-months of service being available to this property.
· The applicant shall be responsible for all costs associated with sewer service installation
including payment of sewer assessments.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
b. Staff Recorrunendation: Staff recommends that the subject property be annexed into the
City with an R-4 zoning designation and requirement of a Development Agreement per the
comments listed in Exhibit B of this staff report. The Meridian Plannin!! and Zonin!!
Commission heard this item on Mav 3.2007. At the public hearinl! the Commission voted to
recommend approval. The Meridian Citv Council beard these items on .June 5. 2007. At the
DubHe bearinl! thev annroved the subiect AZ reouest with an R-2 zoninl! desil!nation.
11. EXHmITS
A. Legal Description & Exhibit Map
B. Planning Department Comments
C. Required Findings from Unified Development Code
Pfost AZ-07 -005
PAGE 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
A. Legal Description & Exhibit Map
Legal Description
PFOST PROPERlY ANNEXATION
A parcel for annexation purposes. being located in the NW % of the NW % of Section 24.
Township 3 North. Range 1 West. Boise Meridian, Ada County, Idaho. and more
particularty described as follows;
CommencIng at a 518 inch diam8I8f iron pV1 marking the I10Ithweet comer of said Section
24. frvm which a 112 Inch diameter Iron pin martdng the northeest comer of said NW % of
the fIN" bears S 89-45'00'" E a cfistanoe 1327.78 feet;
Thence S 89.45'00" E along the northerly boundary of said Section 24 8 distance of
800.20 feet to the POINT OF BEGINNtNG;
Thence continuing along said northerly boundary S 89'"46'00" e a distance of 527.58 feet
to a 112 Inch diM.. iron pin merklng the I1Of1heest comer of said NW % of the NW Y.;
Thenc8leaving said nor1herty boundary S 0.18'00. E along the easterly boundary of said
tNI % of the NW % a distance of 328.75 feet to a poilt;
Thence leaving said ees1erty boundary N srSS'34- Wa distance of 824.30 feet to the
POINT OF BEGINNING;
This parcel contails 1.99 BCr88 and Is subject to any easements _ling or in use,
CUnlon W. Hansen. PlS
Land SOlutions. PC
March 7,2007
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Job No. 07-15
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
B. Planning Department Comments
1. The annexation legal description submitted with the application (stamped on March 7, 2007 by
Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
2. A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at the time of annexation ordinance adoption). The
applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of
Council approval to initiate this process. The DA shall include, at minimum, the fOllowing:
· That the existing home on this property shall be required to connect to City sewer
within 6-months of service being available to this property.
· The applicant shall be responsible for all costs associated with sewer service installation
including payment of sewer assessments.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
B-1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007
C. 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:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all ofthe subject property to R-4. The Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan; however. Council finds that annexine the property with an R-2 zone
would be more appropriate for this property. Please see Comprehensive Plan Policies and
Goals, Section 8, of the Staff Report.
b. 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 Council finds
that future development ofthis property should comply with the established regulations and
purpose statement of the &-4 R-2 zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The 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 fmding.
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 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.
b. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Council fmds that the annexation and zoning ofthis property to R.-4 R-2 would be in the
best interest of the City.
C - 1