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2016 City Initiated AZ H-2016-0093CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0093 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of approximately 67.5 acres with proposed R-4 (Medium-low Density Residential) (53.25 Acres); R-8 (Medium-density Residential) (11.64 Acres) and C-C (Community Business District) (2.61 Acres) Zoning Districts, by the City of Meridian Planning Division. Case No(s). H-2016-0093 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, 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 Community Development 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). H-2016-0093 - 2 - 7. That this approval is subject to the Agency Comments all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The comments are concluded to be reasonable and the applicant shall meet such requirements 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 approved per the Agency Comments in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of September 20, 2016 Ll By action of the City Council at its regular meeting held on the T day of 0A" 60% 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEE RD (TIE BREAKER) Mayor T Attest: CAy Cole City Cleric VOTED VOTED VOTED Y&� VOTED Ye? VOTED &-4 VOTED i4� VOTED W eerd oow Rp,T E D A I) woCily ofw DIgN�. �T SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. Anon By: C'l•�/`�- --U� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). H-2016-0093 - 3 - EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 7 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor and City Council FROM: Caleb Hood, Planning Division Manager 208-884-5533 SUBJECT: 2016 City Initiated Annexation – H-2016-0093 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 67.5 acres with proposed R-4 (Medium-low density residential) (53.25 acres); R-8 (Medium-density residential) (11.64 acres) and C-C (Community Business District) (2.61) zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on August 18, 2016. At the public hearing, the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Brian McClure vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on September 20, 2016. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Brian McClure vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 8 i. c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0093, as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0093, as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0093 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: There are six (6) ACHD properties, generally located: near the northeast corner of S. Eagle Road and E. Amity Road in the SW ¼ of Township 3N, Range 1E, Section 28; southeast corner of N. Meridian Road and E. Carmel Drive in the SW ¼ of Township 3N, Range 1E, Section 06; east side of N. Ten Mile Road, north of W. Ustick Road in the SW ¼ of Township 4N, Range 1W, Section 35; 3955 E. Ustick Road in the NW ¼ of Township 3N, Range 1E, Section 04; 2910 W. Franklin Road in the SW ¼ of Township 3N, Range 1W, Section 11; and, 6175 N. Linder Road in the NE ¼ of Township 4N, Range 1W, Section 26. There are three (3) Idaho Power properties located at: 3275 E. Amity Road in NW ¼ of Township 3N, Range 1E, Section 33; 1635 S. Stoddard Road in the NW ¼ of Township 3N, Range 1W, Section 24; and, 3539 N. Ten Mile Road in the SE ¼ of Township 4N, Range 1W, Section 34. There are forty-nine (49) parcels in the Blackrock Subdivision proposed for annexation. Blackrock Subdivision is generally located north of E. Lake Hazel Road, between S. Locust Grove Road and S. Eagle Road in the S ½ of Township 3N, Range 1E; Section 32. The City of Meridian property is located at 3064 W Malta Drive (northwest corner of Heroes Park) in the NW ¼ of Township 4N, Range 1W, Section 26. B. Owner(s): The proposed annexation is comprised of multiple parcels owned by fifty-two (52) property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 9 D. Applicant's Statement/Justification: Please see applicant’s narrative for information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1, and 15, 2016 (Commission); August 29 and September 12, 2016 (City Council) C. A public service announcement was emailed on: July 29, 2016 (Commission); August 29, 2016 (City Council) D. Vicinity notifications mailed on: August 30, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally residential in nature. Several are developed with residences and some of them are being used for storm drainage, Parks or Idaho Power substations. All properties are currently zoned RUT Ada County. B. History of Previous Actions: The Blackrock Subdivision was platted in Ada County however; City utilities were provided with that development contingent upon the property being annexed into the City once the land was contiguous to City limits. The subdivision is now contiguous. C. Utilities: Three of the subject properties are existing substations owned and operated by Idaho Power, and will continue function as such. D. Physical Features: 1. Canals/Ditches Irrigation: Not applicable 2. Hazards: Staff is unaware of any hazards that exist on the subject properties. 3. Flood Plain: Not applicable VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are fifty-nine (59) parcels on 67.5 acres included with the annexation request. There are five (5) distinct land use designations shown on the Future Land Use Map for the subject properties. The subject properties have the following land use designations: 1) “Low Density Residential” (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) “Medium Density Residential” (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. 3) “Mixed-use Commercial (MU-C) – The MU-C areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 10 4) “Commercial” – The Commercial designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. 5) “Civic” – The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. City staff is proposing the annexation of the subject lands with the R-4, R-8, and C-C zoning districts. Idaho Power has submitted signed consent forms to annex all three of their properties and the Ada County Highway District has indicated that they will not dispute annexation of their public facilities. The Blackrock Subdivision has provided consent as part of their original agreement to receive City services, and was memorialized in both the subdivision CC&R’s and individual property title reports. No development is proposed with the subject annexation application. Staff finds the following Comprehensive Plan policies to be generally applicable to this application (policy number in parenthesis; staff analysis in italics):  Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) Annexation of these parcels allows for more efficient expansion and growth of City limits and the subsequently of provision of City services.  “Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services.” (3.04.01H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. (See Exhibit B).  “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) No permits are requested and none are being approved with this application, however the developed subject lands are contiguous to the City.  “Require adequate fees from new development to fund expansion of services.” (6.02.01C) The Blackrock subdivision was developed with City services and in coordination with the City of Meridian Public Works Department. Required infrastructure and land from the developer needed to provide services was determined and memorialized in a recorded memorandum of understanding that outlined responsibilities of the developer in exchange for services.  “Enforce City Codes.” (3.05.02D) The Blackrock subdivision was developed to meet City Code, and included language in their CC&R’s that reinforced continued compliance. By annexing these properties, including those outside of Blackrock, the City can more consistently and better enforce continued compliance across the City. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 11 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: 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. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C-C zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8 and C-C zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Any further development on any property subject to this annexation must comply with the dimensional standards listed in UDC Table 11-2A-5, UDC 11-2A-6 and UDC 11-2B-3 for the R-4, R-8 and C-C zoning districts. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 67 acres of land contiguous with the City corporate boundaries and within Meridian’s Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property has previously consented to annexation, either implied or explicitly. Idaho Power has submitted signed consent forms to annex all three of their properties and the Ada County Highway District has indicated that they will not dispute annexation of their public facilities. The lots within Blackrock Subdivision have provided consent as part of their original agreement to receive City services, which was memorialized in both the subdivision CC&R’s and individual property title reports. No new development is proposed, and in most cases the properties are already fully developed. The Ada County Highway District properties are for the most part stormwater facilities and will remain as such. The Idaho Power properties are all established electrical substations, though some may expand to undeveloped portions of their respective property in the future. The City of Meridian property is small, and provides space for only a small pathway connection between Heroes Park and North Ten Mile Road. Finally, the portion of the Blackrock Subdivision that is proposed for annexation is already fully developed with homes, roads, sewer, water, and other utilities. A few lots within Blackrock are still vacant, and are expected to be developed with single-family homes in the future. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 (53.25 acres); R-8 (11.63 acres); and C-C (2.61 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 12 The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Vicinity Maps B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 12 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 13 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 14 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 15 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 16 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 17 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 18 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 19 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 20 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 21 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 22 B. Agency and Department Comments 2016 City Initiated AZ – H-2016-0093 PAGE 23 1. PLANNING DIVISION 1.1 Annexation - Comments 1.1.1 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.2 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8 and C-C zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on the subject application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 24 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 25 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 26 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 27 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 28 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 29 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 30 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 31 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 32 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 33 C. 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Required Findings from Unified Development Code 2016 City Initiated AZ – H-2016-0093 PAGE 82 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full i nvestigation 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 City of Meridian Planning Division is proposing to annex approximately 67.5 acres to the R-4, R-8 and C-C zoning districts. The Council finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). 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-4, R-8 and C-C zoning districts is generally consistent with the purpose statements for residential and commercial 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 amendment will not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony 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 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 these properties with the R-4, R-8 and C-G zoning districts is in the best interest of the City as it reduces a number of enclaves within the City and allows the collection of property taxes from properties currently using City utilities.