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HomeMy WebLinkAboutAlter Property AZ-08-006CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN£- ~J In the Matter of Annexation and Zoning of 0.92 of an Acre from RUT (Ada County) to R-2 (Low-Density Residential), by Denise Alter, Case No(s). AZ-08-006 For the City Council Hearing Date of: July 8, and 22, 2008 (Findings on the August 12, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 2008, 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. 3. 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-08-006 -I- 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 Deparhnent 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 July 22, 2008, 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: The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated April 14, 2008 by Steven Haug, PLS, is hereby approved. D. Attached: Staff Report for the hearing date of July 22, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-006 -2- By action of the City Council at its regular meeting held on the 12~"' day of ~ ~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~- (TIE BREAKER) Attest: ;~.~ C1' eerd REAL = Jaycee o an City Clerk = '``~ ~ a .~~ 7w T 1~'t ~ ~: Copy served upon Applicant, The Planningrf~'~~~inent, Public Works Department and City Attorney. By: Dated: p ' 2~ ' 0 ~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-006 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 STAFF REPORT Hearing Date: July 22, 2008 (Continued from July 8, 2008) E IDIAI~T TO: Mayor & City Council I ®~ ~ ~ FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Alter Property AZ-08-006 Annexation and Zoning of 0.92 of an acre from RUT (Ada County) to R-2 (Low-Density Residential) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Denise Alter, has applied for Annexation and Zoning (AZ) of 0.92 of an acre of land from the Rl (Ada County) zoning district to the R-2 (Low-Density Residential) zoning district. The property has an existing residence and RV shop on it, which are hooked into a well and septic tank. The owner is proposing to build a new shop and house to replace of the existing ones and wishes to annex and rezone the property and hookup to City water and sewer service. The site is located at 2741 E. Leslie Drive in Carol Subdivision No. 2, west of N. Eagle Road and south of E. Ustick Road. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SiJNIlVIARY 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-08-0116) request as presented in the staff report for the hearing date of June 5, 2008, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, 2008. At the public hearine they moved to recommend aunroval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Denise Alter; Lester Alter ii. l:n ouposition: None iii. Commentin~• None iv. Written testimony: None v. Staff uresentins application: Sonya Waters vi. Other staff commenting on apulication: None b. Key Issue(s) of Discussion by Commission: i. None c. Kev Commission Chance(s) to Staff Recommendation: i. None d. Outstandinc Issue(s) for City Council: i. None ~. Summary of Citv Co nc'1 Public Hea 'ng: Alter Property AZ-OS-006 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 L In favor: Denise Alter ii. In onnosition: None jji, Commentinge None iy. Written testimony: None y. Staff nresentins< anulication: Pete Friedman yi. Other staff commenting on aeplication: None h. Kev Issues of Discussion by Council: L_ ~I~ ~. Key Council Change to to / om i ion Reco mendation L 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-08- 006 aspresented in the staff report for the hearing date of July 22, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-006 as presented during the hearing on July 22, 2008: (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-08- 006 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: 2741 E. Leslie Drive (Parcel #81294550065) NE'/a of Section 5, Township 3 North, Range 1 East b. Owner: Denise & Lester Alter 3918 E. Vantage Point Lane Meridian, ID 83642 c. Applicant: Same as Owner d. Applicant/Representative: Denise Alter, Owner/Applicant e. Present Zoning: Rl (Ada County) f. 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 zoning district and hookup to City water and sewer service. The property is currently served by a well and septic system. h. Applicant's Statement/Justification: "Existing property has a residence and RV shop on it which are hooked into a well and septic tank. We are going to build a new shop and house in place of Alter Property AZ-08-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 the existing and wish to annex and rezone so that we can hook into City sewer and water." 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: May 19, 2008 and June 2, 2008 (Commission); June 16. and 30.2008 (City Council) c. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); June 27, 2008 (City Council) d. Applicant posted notice on site by: May 16, 2008 (Commission); July 8, 2008 (Council) 6. LAND USE a. Existing Land Use(s): The property has asingle-family residence and detached RV shop on it, which are proposed to be replaced with a new home and shop. 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 residences (Carol Subdivision), zoned Rl in Ada County, and R-2 2. East: Rural residences (Carol Subdivision), zoned Rl in Ada County 3. South: Rural residences (Carol Subdivision), zoned Rl in Ada County 4. West: Rural residences (Carol Subdivision), zoned Rl in Ada. County d. History of Previous Actions: This property is included in the Carol Subdivision No. 2 plat as Lot 8, Block 2, in Ada County. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service will be from mains in Leslie Drive Location of water: Water service to this property will be from mains in Leslie Drive Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-2 (Low-Density Residential) 7. Size of Property: 0.92 of an acre [Annexation area: 1.22 acres (includes property to centerline of Leslie Drive and Justin Place)] f. Landscaping: NA g. Summary of Proposed Streets and/or Access: Access is depicted on the site plan from E. Leslie Drive and N. Justin Place. Alter Property AZ-08-006 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 22, 2008 7. COMMENTS MEETING On May 16, 2008 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 submitted comments on this application, which are included in Exhibit B of this report. S. 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 and RV shop are proposed to be re- constructed on the subject property, which is 0.92 of an acre in size. The density for this property is within the anticipated density of the Comprehensive Plan for this area. Staff fords 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 ses-vices to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manneY• - Sanitary sewer and water service will be extended to the property at the applicant's expense. - The subject land currently lies 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 land currently lies 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 (ACFID). This service will not change. - The subject land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is 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 e~sting residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is planning to replace the existing residence and shop with a new residence and shop. Staff believes that the continued residential use of the property will be compatible with the other residences in this area. Alter Property AZ-08-006 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 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 lv, 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 subdivision as Low Density Residential. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property and the future land use designated for other properties in this vicinity. Stafffinds that the proposed R-Z 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 zoning district. 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 with an R-2 zoning district in order to hook-up to City sewer and water service. The Comprehensive Plan future land use map designation for this property is Low Density Residential, which is consistent with the proposed R-2 district. The applicant proposed to replace the existing single-family home and RV shop with a new home and shop. The applicant has submitted a site plan, attached in Exhibit A.2, showing how the property will redevelop with a new home and shop. The new structures must comply with the dimensional standards of the R-2 zoning district listed in UDC 11-2A-4. Two driveways are proposed to the property; one from Leslie Drive and one from Justin Place. 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 D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on April 14, 2008 by Steven Haug, 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 Commission or Council believe that a development agreement is necessary, then staff recommends a clear outline of the commitments of the developer being required. Alter Property AZ-08-006 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 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 Sections 9 & 10 and the findings in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, 2008. At the public hearing they moved to recommend approval of the subject AZ request. a Meridian Citv Council_ heard this item on Julv 8. & 22. and AuQnst 12. 2008. At the nubLic hearing on August 12~ 2008 the Council approved the subiect AZ 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Alter Property AZ-08-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 A. Drawings 1. Vicinity/Zoning Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 2. Site Plan ''.~1, adlss~, ~SD~ Z 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 B. Agency Comments 1. FIRE DEPARTMENT 1.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 1.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face, a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 %a" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 1.3 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 2. PUBLIC WORKS DEPARTMENT 2.0 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. 2.1 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. 2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2. POLICE DEPARTMENT 2.1 The Police Department has no concerns related to the site design submitted with the application. 3. SANTTARY SERVICES 3.1 SSC has no comments related to this application. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 C. Legal Description & Exhibit Map IDAHO ~~~ ~w~L°~~~ st Suite 150 SURVEY o~~ iaa~,® 83to47! GROUP s 1~) t~t~.asro Fan fZ~) 8&4-5399 Project No. t)8-068 April lei, 2~8 Descrlpitoa for Lot & Block 2 Cero1's Subdtvtaan No. 2 R~oneJAmes Being all of Lot S, $loclc 2 of Carol's Subdivision No. 2, as filed in Book 39 ofPtaffi ~ Page 3248, records of Ada County, ldeho, and portions of p~.tblic rights-of-~vay located is the NE V4 of Section 5, Towvnsltip 3 North, Rang®1 East, Boise Meddie~i, Meridian, Ada County, Idaho, more particularly desota'bed as follows: Begtnning at the SouWeast cornea of said Lot 8, Bloelt 2 of Carol's Subdivision No. 2; Tftenee North ?7°24'6° Were, 275.96 feeet; Thence North l2°3S'24" fie. 192.15 feet; Thence South 77°24'3¢" East, 275.96 feet; Thence South 12'35'24" West, 192.15 feet to the POl'NT OF BEGINNING. This description is t3um data of record and has not bec~1 verified or surveyed as the ground by Idaho Survey Groap. i~ ~Z$ Prepared Hy. Idaho Survey i3rQUp. P.C. Seeven T. flattg, PLS Prvfeasienot tatt+d surveyors CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 BLOCK 1 ~ ~eS~~ oR1~ , ~~ w' ~~ .~ I ~ I ~ ~i BLOCK 2 N+ i, z f ,N .J V fi J~ -~ ~ ,2 7'7 4,~~ ~~ ~ $ ~ N • ` ''^A ~CJ vJ BLOCK 2 C3+ 8Y ~~a~ ~~ [DAHQ ~: ~aUppRyVEIr' ~'R~~Pe ~aVe ~f PROPERTY BauNnARY uNl` JL ~r 5O' 6LOCK LOT LINE ~~ 10q CENTERLINE ~' S9 2C~D SCALE: 1 " = i DO' EXHIBIT DRAWING 1=0R RE-ZONE 8, BL~CI~ 2. CARaL'S St18DtVISlat~ Nfl. lP.1Fr CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 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 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; The City Council finds that the existing and proposed use of the property as a residence is a permitted use in the R-2 district and that the density is consistent with the future land use map designation of low density residential for this property. The building setbacks depicted on the concept plan are consistent with the dimensional standards listed in the UDC for the R-2 zoning district. Further, hookup to the City sewer and water system is proposed with annexation of the property as required by the UDC. 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. 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 11-5B-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.