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Dunwoody Lot 5 AZ-15-006CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-15-006 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District, for the Property Located a ¼ Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road, by Michael and Linda Williams. Case No(s). AZ-15-006 For the City Council Hearing Date of: July 7, 2015 (Findings on July 21, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-15-006 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 19, 2015, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 7, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 7, 2015 By action of the City Council at its regular meeting held on the o' day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT I{EITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED P14 pQ � COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTEDLA MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de erd Onp(CD A0CL Z S Attest: I $�o4e t�J. City4 City Clerk SEAL. _ pV Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C Dated: S7 City C erk's Ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -I5-006 -3- Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 1 STAFF REPORT Hearing Date: July 7, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-15-006 – Dunwoody Lot 5 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicants, Michael and Linda Williams, have submitted an application for annexation and zoning (AZ) of 1.57 acres of land with an R-2 zoning district for the construction of one single-family residential home. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 4, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Williams v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on July 7, 2015. At the public hearing, the Council moved to approve the AZ request. a. Summary of City Council Public Hearing: i. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-15- 006, as presented in the staff report for the hearing date of July 7, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-15-006, as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number AZ-15-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located ¼ mile south of E. Chinden Blvd. on the east side of N. Locust Grove Road, in the NW ¼ of Section 29, Township 4 North, Range 1 East. (Parcel No.: R1966960500) B. Owners: Michael & Linda Williams 3819 Collister Drive Boise, ID 83703 C. Applicant: Same as owner D. Representative: Jeremy Telford 2048 W. Astonte Street Meridian, ID 83646 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: May 26, 2015 (Commission); June 24, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of vacant land, zoned RUT in Ada County. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 3 B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: The Ambrose School, zoned C-C 2. East: Rural residential property in Dunwoody Subdivision, zoned RUT in Ada County 3. South: Residential property in Dunwoody Subdivision, zoned R-2 4. West: N. Locust Grove Road and single-family residential properties in Reserve Subdivision, zoned R-4 C. History of Previous Actions: The subject property was included as Lot 5, Block 1in the Dunwoody Subdivision plat, recorded in 1990. The lot was deed restricted to only be used for open space for a period not less than 15 years from the recording date of the plat. D. Utilities: 1. Location of sewer: A sanitary sewer service line intended to provide service to the subject parcel currently exists near the southwest corner of the parcel. 2. Location of water: A water service line intended to provide service to the subject parcel currently exists near the southwest corner of the parcel. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the north boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the density desired in LDR designated areas. The City Council should consider the applicant’s request for a step down in density for this property. The applicant proposes to annex the subject property with an R-2 zoning district and develop one single-family home on the property consistent with the density designation in the LDR FLUM designation. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) A 25-foot wide street buffer with landscaping is required along N. Locust Grove Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for any new fencing. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 4  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential home should be compatible with the adjacent low density residential properties to the east and south.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the applicant upon development of the site in accord with UDC 11-3A-21. Analysis: Annexation of this property with an R-2 zoning district for the construction of one single- family home is consistent with the FLUM designation of LDR and should be compatible with adjacent residential and school uses. Therefore, Staff feels the proposed development is appropriate under the LDR designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The low- density residential (R-2) district allows a maximum gross density of 2 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for a single-family detached dwelling is a principal permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-4 for the R-2 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 1.57 acres of land with an R-2 zoning district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted. A conceptual site/landscape plan was submitted with this application that is included in Exhibit A.2. The applicant proposes to develop one new single-family residential detached home on the property. Because this site takes access directly from N. Locust Grove Road, an arterial street, staff recommends future development of this site is restricted to a maximum of two dwelling units. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 5 This property was previously deed restricted through the Dunwoody Subdivision plat to only be used for open space uses for a period not less than 15 years from the recording date of the plat. Because that time period has expired, the lot is now eligible to be built upon. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. Dimensional Standards: All development on the site is required to comply with the dimensional standards listed in UDC Table 11-2A-4. Access: The site plan depicts one access via N. Locust Grove Road; the driveway should align as closely as possible with E. Commander Street on the west side of Locust Grove. Access is restricted to one driveway in accord with UDC 11-3A-3. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City’s adopted standards, specifications and ordinances. One Type 1 street light is required along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). Pressurized Irrigation (PI): An underground PI system is required to be provided for this development in accord with UDC 11-3A-15. Landscaping: A minimum 25-foot wide street buffer is required along N. Locust Grove Road landscaped in accord with the standards listed in UDC 11-3B-7C. The site/landscape plan depicts 5 trees within a 25 buffer in accord with UDC standards; vegetative groundcover should also be provided. Fencing: The site/landscape plan does not depict any proposed fencing. If fencing is constructed on the site, it should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required to be constructed on this site within the street buffer along N. Locust Grove Road. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb. The applicant should coordinate the location of the sidewalk with ACHD. Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 6 1. Vicinity Map 2. Site/Landscape Plan 3. Water & Sewer Service Plan (dated: 5/15/15) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Exhibit A - 2 - A. Drawings 1. Vicinity Map Exhibit A - 3 - 2. Site/Landscape Plan Exhibit A - 4 - 3. Water & Sewer Service Plan (dated: 5/15/15) Exhibit A - 5 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. One (1) access via N. Locust Grove Road, an arterial street, is allowed for this property as depicted on Exhibit A.2 in general alignment with E. Commander Street on the west side of N. Locust Grove Road. b. Future development of this property is restricted to a maximum of two (2) dwelling units. c. A minimum 25-foot wide street buffer shall be provided along N. Locust Grove Road as set forth in UDC Table 11-2A-4 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. d. This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. e. All development shall comply with the dimensional standards for the R-2 zoning district listed in UDC Table 11-2A-4. f. A minimum 5-foot wide detached sidewalk is required to be constructed along N. Locust Grove Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11-3B-7C.1a(2). Coordinate the location of the sidewalk with ACHD. g. An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. h. The irrigation ditch that runs along the north boundary of this site is required to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space in accord with UDC 11-3A-6. i. One (1) Type 1 street light is required to be installed along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). j. Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. k. Prior to granting occupancy of a dwelling, the provisions listed above shall be satisfied. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. Exhibit A - 6 - 2.2 General Conditions of Approval 2.2.1 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. 2.2.2 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. 2.2.3 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall apply for a Driveway Approach Permit from ACHD. Exhibit A - 7 - C. Legal Description & Exhibit Map for Annexation Boundary Exhibit A - 8 - Exhibit A - 9 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 1.57 acre property with an R-2 zoning district and develop one new single-family residential home consistent with the LDR FLUM for this property. The Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent school and residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determinine 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 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. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with an R-2 zoning district is in the best interest of the City.