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HomeMy WebLinkAboutDunwood Property AZ-07-015CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E ID$ IAN+~- ~J In the Matter of Annexation and Zoning of 1.88 Acres from RUT (Ada County) to R-2 (Low-Density Residential), for Dunwoody by Marshall Williams. Case No(s). AZ-07-015 For the City Council Bearing Date of: December 18, 2007 (Findings on the January 8, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 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. §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 August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-O15 -1- 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in the attached Staff Report for the hearing date of December 18, 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 § 11-SA 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 September 24, 2007 by Dean Briggs, PLS, is hereby approved. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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 maybe filed. 2. Please take notice that this is a final action of the governing 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 maybe adversely affected by the issuance or denial of the conditional use permit approval 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. E. Attached: Staff Report for the hearing date of December 18, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-015 -2- By action of the City Council at its regular meeting held on the ~~~ day of ~, 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED VOTED~_ VOTED_~ VOTED_~ VOTED `\\\\`~R~ ,,~~~~,, DE WEERD ATTEST: ,~A~o ~ ~, ~~~~L WILLIAM G. BERG, JR. IT ~% T i~~ , ~ ~~,~~\ Copy served upon: ~ Applicant Planning Department ~/ Public Works Department ~/ City Attorney By: Dated: ~ ' ~~ 'fig City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-015 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 STAFF REPORT Hearing Date: December 18, 2007 E' IDIAN~ TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Dunwoody Property • AZ-07-015 Annexation and Zoning of 1.88 acres from RUT (Ada County) to R-2 (Low-Density Residential) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Marshall Williams, has applied for Annexation and Zoning (AZ) of 1.88 acres of land from the RUT (Ada County) zoning district to the R-2 (Low-Density Residential) zoning district. A new single-family residential home has recently being constructed on this lot. This property is already hooked up to City services; however, a condition of hook-up was that the applicant applies for annexation and zoning of the property into the City. The site is located at 1650 Dunwoody Court in Dunwoody Subdivision, on the northeast corner of N. Locust Grove Road and Dunwoody Court. 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 subject Annexation and Zoning (AZ-07-O1S7 request as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact listed in Exhibit C of this staff report. The Meridian. Planning & Zoning Commission heard this item on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearine: i. In favor: Marshall Williams (Owner/Applicant) ii. In opposition: Ken Borgman, Patricia Gridler, and Bill Weiser iii. Commenting: None iv. Written testimony: Don & Sally Atkin; Richard Price & Maureen Miller; John & Patricia Gridler; Michael & Kim Callahan; David & Luane Dean; Kent Borgman; and Terry Copple v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Scott Strickland 1t. Key Issue(s) of Discussion by Commission: i. Whether or not to require a Development Agreement that would prohibit the property from being further subdivided in the future. ~. Key Commission Change(s) to Staff Recommendation: i. None ~. Outstanding Issue(s) for City Council: i. None Dunwoody Property AZ-07-01.5 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ;lt< Summary of City Council Public Hearin: i. In favor: Marshall Williams (Owner/Annlicantl ii. In oRnosiHon: John Grei~er~ Patricia Greiner. Richard Galloway. Toby Merriman. Darwin Porter. iii. Commenting:. None iv. Written testimony: Kent Borman, John & Patricia Gridler v. Staff nresentinP annlicaHon: Caleb Hood vi. Other .staff commentinP on aRnlication: None g. Key Issues of Discussion by Council: i. None ~_ Key Council Changes to Staff/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-07- O15 as presented in the staff report for the hearing date of December 18, 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-07-015 as presented during the hearing on December 18, 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- O15 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: 1650 Dunwoody Court (Parcel #81966960100) Section 29, Township 4 North, Range 1 East b. Owner: Markar Design & Construction, Inc. 2065 E. Fairview Avenue Meridian, ID 83642 c. Applicant: Marshall Williams 1420 S. Hidden Island Place Eagle, ID 83616 d. Applicant/Representative: Marshall Williams Dunwoody Property AZ-07-015 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 e. Present Zoning: RUT (Ada County) £ Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an R-2 zone as a condition of hook up to City services. The property is currently hooked up to City services. h. Applicant's Statement/Justification: "We are requesting annexation of Lot 1, Block 1, of Dunwoody Subdivision into the City of Meridian and connection to City water and sewer systems." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: October 29~', 2007 and November 12"', 2007 (Commission); October 29, and November 12, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: October 19"', 2007 (Commission); October 19, 2007 (City Council) d. Applicant posted notice on site by: November Sh, 2007 (Commission); December 4, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Anew single-family home has recently been constructed on this site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of rural residential properties. c. Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned RUT in Ada County 2. East: Rural residential properties (Dunwoody Subdivision), zoned RUT in Ada County 3. South: Rural residential property, zoned RUT in Ada County (southwest/across Locust Grove Road: Madelynn Estates, zoned R-4) 4. West: Rural residential property, zoned RUT in Ada County; Reserve Subdivision, zoned R-4 d. History of Previous Actions: This property was included in the Dunwoody Subdivision plat as Lot 1, Block 1, in Ada County. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service has been provided to this property from mains in Locust Grove Road. Location of water: Water service has been provided to this property from mains in Locust Grove Road. Issues or concerns: None 2. Vegetation: NA Dunwoody Property AZ-07-015 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3. Floodplain: NA 4. Canals/Ditches Irrigation: All open irrigation ditches, laterals and canals on the property should be tiled. 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-2 (Low-Density Residential) 7. Size of Property: 1.88 acres f. Subdivision Plat Information: Currently, this property is a platted lot in Dunwoody Subdivision. The applicant has not submitted a concept plan or a plat application to further subdivide the property with the subject annexation application. The applicant has recently constructed a new home on this property; Staff believes that the applicant does not intend to further develop this property in the near future. g. Landscaping: There is currently a 40-foot wide landscape easement on the west boundary of this property adjacent to Locust Grove Road. h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant has recently constructed a new home on this property. Access to this site is currently provided from Dunwoody Court. Direct lot access to Locust Grove Road is prohibited. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On October 26, 2007 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 did not submit comments on this application as only asingle-family dwelling is proposed on the site. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). One single-family dwelling is being constructed on the subject property, which is 1.88 acres in size. The density for this property is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (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 have been 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. Dunwoody Property AZ-07-015 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 - 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. Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is in the process of constructing a single family dwelling on this property. Staff believes that the new single family home will be 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-2 zoning designation. The Comprehensive Plan Future Land Use Map designates all of the properties in this vicinity on the east side of Locust Grove Road as Low 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 in this area of the City. Staff finds that the proposed R-2 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-2 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 applicant is requesting annexation and zoning of the subject property as a stipulation of the City providing water and sewer services to this property. Dunwoody Property AZ-07-015 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 In anticipation of this application being approved, the applicant has already paid the required water and sewer hook-up fees for this property and been hooked up to City services. Asingle- family dwelling has recently been constructed on this property. Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Low Density Residential for this property and adjacent properties, Staff believes that the requested annexation with an R-2 zoning district is appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on September 20, 2007 by Dean Briggs, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-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. Staff does not feel that a DA is necessary in this instance. If the Conunission or Council than a development agreement is necessary, staff recommends a clear outline of the commitments of the developer being required. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R-2 zoning designation per the comments listed in Section 10 of this staff report. The Meridian Planning & Zoning Commission heard this item on November 15. 2007. At the public hearing they moved to recommend approval of the .subject AZ request. Thg eridian City Counc'1 heard thic item on December 18. 2007. At he nuhlic hearin t ouncil annroved the cubiectA7, reauec 11. EXHIBITS A. Vicinity/Zoning Map B. Legal Description & Exhibit Map C. Required Findings from Unified Development Code Dunwoody Property AZ-07-015 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 A. Vicinity/Zoning Map CITY OF MERI'''DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. Legal Description & Exhibit Map DESGRIPTiON t~OiZ ANNEXA710N E3F;LCiT ~, BLOCK 1, AND A PC1RTtON OF DUNWOOa)Y StJBl3IVdStON September 13, 2007 A. 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LOCUST GROV1= ROAD,, ALSQ BEIIV,G ThIE NORTHI+VEST CORDER OF LOT'1, BLO.CK'~ Q'F S'A'ID bUNW0.0aY SUBDIVISION; THENCE CONI`tNUlNC S a9°21'4"1;'" E 21U.00 FEET TO THE N'QRTN EAST CORNER OF SAIb LOT 1,,BL0'Ct< 1, OF~SAID' DUNUUO~D~Y SUBDiViSI,~N TFiEiNCE S 00'01'36" E 340:.24'FEETTO~;q t?.{)`fN,T ON THE CEtV`>•ERI:IfvE OF t7tJ.N1NOC?C?Y COC1t21`; THENCE ALONG SA{D CENTERLINE O:F DUNWOODY COURT S 89°4q'16"`W 239'.99 :F'E.ET T'Q A F't7INl' t7N SAID 1NEST LINE O.F SAID SECTION 29~ 14LSO~ BEING THE C~i~1T~ERLfNF C7F N, LQ.CUST GROVE F2QAD;. T1-tENCE ALONG SAID `VNEST t.lNE OF SAiI? SECl~IU'N 29 N ,40°01:''3fi" l!11 344:29 FEET TCQ THE REAL POINT O[~ ~8EG1NNlNG QE THIS QESGRIPTION,, SA1L3 DES'GRIPT;iO:N COI~TAI NS 1.88 ACRES, MO'R,E 0 2' LI`SS. DEAN r%U.:f3RIGGS E'LS 361:9 ~i ~ .~1P~QVAL BY. 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'~ 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 of the subject property to R-2. 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. 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 City Council finds that any future development of this property should comply with the established regulations and purpose statement of the R-2 zone. c. 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. 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 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. b. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that the annexation and zoning of this property to R-2 would be in the best interest of the City.