Mark Enos Annexation FFCL H-2020-0119 Item#12.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIA
AND DECISION&ORDER �N,--
In the Matter of the Request for Annexation of 1 Acre of Land with a R-2 Zoning District,by Mark
Enos.
Case No(s).H-2020-0119
For the City Council Hearing Date of: February 16, 2021 (Findings on March 2, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 16,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 16, 2021,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 16,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 16, 2021, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 16,2021,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119)
- I Page 164
Item#12.
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 to R-2 is hereby approved per the conditions
of approval in the Staff Report for the hearing date of February 16,2021,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
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 six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 February 16, 2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119)
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Item#12.
By action of the City Council at its regular meeting held on the 2nd day of March
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-2-2021
Attest:
Chris Johnson 3-2-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-2-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119)
-3 Page 166
Item#12.
EXH I BIT A
STAFF REPORTC�WEIIIDIAN .
COMMUNITY DEVELOPMENT DEPARTMENT `
HEARING 2/16/2021 Legend
DATE: 0
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TO: Mayor&City Council
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FROM: Alan Tiefenbach,Associate Planner --- EPPIC4 00
Bruce Freckleton,Development r �
Services Manager x LU
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61
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SUBJECT: H-2020-0119
W
Mark Enos Annexation ~ , - �
LOCATION: 2972 E. Leslie Dr.
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I. PROJECT DESCRIPTION
This is a proposal to annex and rezone 1 acre of property to R-2 to obtain City services. The property
contains an approximately 2,450 sq. ft.house,is presently zoned R-1 in unincorporated Ada County,
and is served by individual well and septic. The Applicant desires to construct a detached accessory
building for an approximately 1,750 sq. ft. shop,RV garage and upstairs living area. The applicant
has been unable to obtain a new septic permit from the County due to the location and limitations of
the existing system to accommodate an additional bathroom. The Applicant has determined it would
be cheaper to annex into the City and connect to City water and sewer than to upgrade the septic
system.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.0 acre
Future Land Use Designation Low Density Residential
Existing Land Use(s) Single Family Residential
Proposed Land Use(s) Single Family Residential
Lots(#and type;bldg./common) 1
Phasing Plan(#of phases) 1
Number of Residential Units(type 1 house,possibly 1 secondary dwelling unit
of units)
Density(gross&net) 1 du/acre
Open Space(acres,total N/A
[%]/buffer/qualified)
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Description Details Page
Amenities N/A
Physical Features(waterways, Finch lateral parallels the northern property line
hazards,flood plain,hillside)
Neighborhood meeting date;#of November 13,2020,2 attendees.
attendees:
History(previous approvals) None
B. Community Metrics
Description Details Page
Ada County Highway District No comments
Access(Arterial/Collectors/State Property is accessed from N.Eagle Dr to E.Leslie Dr.
Hwy/Local)(Existing and Proposed) (local).
Traffic Level of Service N/A
Stub Street/Interconnectivity/Cross N/A
Access
Existing Road Network E.Leslie Dr
Existing Arterial Sidewalks/ No buffer—E.Leslie Dr.is an existing local street. There
Buffers is a sidewalk on the south side.
Proposed Road Improvements E.Leslie Dr is an existing road with sidewalk
Distance to nearest City Park(+ 0.75 mile to Julius M.Kleiner Park
size)
Distance to other key services
Fire Service No site-specific comments on this proposal.
Police Service No comments
Wastewater
• Distance to Sewer Directly adjacent
Services
• Sewer Shed Five Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.06
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Flow has been committed
• No proposed changes to Public Sewer
Infrastructure within Record.Any changes or
modifications,to the Public Sewer Infrastructure,
shall be reviewed and approved by Public Works.
Water
• Distance to Water Services Directly adjacent
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • No proposed water infrastructure is shown in the
application but the narrative stated this property
needs to connect to City water and sewer.
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C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Owner/Applicant/Representative:
Mark Enos—2972 E. Leslie Dr. Meridian,ID 83646
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification
published in newspaper 1/1/2021 1/29/2021
Radius notification mailed to
properties within 500 feet 1/l/2021 1/25/2021
Public hearing notice sign posted
1/8/2021 1/30/2021
on site
Nextdoor posting 12/29/2020 1/26/2021
V. STAFF ANALYSIS
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. Staff typically requires a development agreement as part of the annexation
approval to ensure the site develops as proposed by the applicant.As the intent of this annexation
and rezoning is to connect to city water and sewer for an existing house and new accessory
building, staff does not find a development agreement necessary.
B. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
The Future Land Use Map(FLUM)designates the property for Low Density Residential(LDR).
This designation allows for the development of single-family homes on large and estate lots at
gross densities of three dwelling units or less per acre. With one existing home on one acre,the
proposed rezoning is consistent with the FLUM.
C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan):
(Staff analysis is in italics after the cited policy)
• Encourage diverse housing options suitable for various income levels,household sizes,and
lifestyle preferences. (2.01.01)
The property contains an existing single-family residence. The applicant intends to construct
an accessory building which includes an approximately 650 sq.ft. "bonus"room with a
bathroom. This could be used as a secondary dwelling unit which increases the diversity of
housing options.
• Remove regulatory barriers and develop design criteria that support the construction of
accessory dwelling units and micro homes where appropriate. (2.01.01K).
As mentioned, the bonus room in the accessory building contains a bathroom, a wet bar, and
is within the 700 sq.ft. requirement to allow it to be used as a secondary unit in accordance
with the specific use standards per UDC 11-4-3-12.
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• Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval,and in accord with any adopted levels of
service for public facilities and services. (3.03.03F)
The subject property is located directly adjacent and west of the City Limits. Water and sewer
mains are located in front of the property along E. Leslie Dr. Fire service can be provided to
the property in less than 4 minutes. Meridian Police and Fire expressed no concerns with this
request.
Ensure that new development is connected to the City's sanitary sewer system(no septic
systems). (4.09.01A)
The impetus for this annexation and rezoning is for the applicant to obtain City water and
sewer service in order to construct an accessory building with an additional bathroom.
D. Existing Structures/Site Improvements:
There is an existing 2,450 sq. ft.house on the property,which was constructed in 1976. This
house will remain. An approximately 1,760 sq. ft. detached accessory building is proposed to be
constructed at the rear of the lot. Based on the site plan submitted by the applicant, all existing
and proposed structures meet the minimum 20' front setbacks, 7.5' rear setbacks and 15' rear
setback.
E. Proposed Use Analysis:
Single family residences and detached accessory structures with a secondary dwelling unit are
allowed and accessory uses in the R-2 zone district.
F. Specific Use Standards(UDC 11-4-3):
If the upstairs"bonus room"of the detached accessory structure is used as a secondary dwelling,
it would be required to meet specific standards in accord with UDC 11-4-3-12. This includes
owner occupancy of the main structure,maximum size limited to 700 sq. ft. (650 sq. ft.
proposed),located to the side or rear of the principle structure, and provided with at least one
parking space(ample parking is available in the rear yard).
G. Dimensional Standards(UDC 11-2):
As mentioned above,both existing and proposed structures meet all required setbacks. The height
of the accessory structure is indicated to be 23',well within the maximum allowed height of 35'
in the R-2 zoning district.
H. Access(UDC 11-3A-3, 11-3H-4):
Existing access occurs from E. Leslie Dr. The applicant has been informed that the driveway to
access the new accessory structure will be required to be paved per UDC 11-3C-5-B1.
1. Parking(UDC 11-3C):
At least four parking spaces exist for the present structure (two driveways,two garage). If the
applicant intends to use the accessory structure as a secondary dwelling unit,an additional
parking space will be required per UDC 11-3C-6.
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J. Sidewalks(UDC 11-3A-17):
There is existing sidewalk on the south side of E. Leslie Dr. There is no sidewalk on the north
side of E. Leslie Dr.No additional sidewalk is required with this proposal to annex and zone to
obtain city water and sewer service.
K. Landscaping(UDC 11-3B):
No additional landscaping is required with this proposal to annex and zone to obtain city water
and sewer service.
L. Waterways(UDC 11-3A-6):
The Finch Lateral, a seasonal ditch,parallels the property along the northern property line. The
applicant does intend to pipe this lateral as part of the annexation and rezoning for the existing
single-family residence. Given the nature of this application request, staff does not believe
requiring the applicant to tile the ditch is warranted.
M. Fencing(UDC 11-3A-6, 11-3A-7):
Any new fencing will be required to meet the standards of UDC 11-3A-7.
N. Utilities (UDC 11-3A-21):
Water and sewer is available at E. Leslie Dr in front of the property. The applicant should be
required to abandon the existing well and septic system and connect to city services as a condition
of the annexation.
O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The applicant has submitted concept elevations of the proposed accessory structure. The structure
meets the height requirements of the dimensional standards per UDC 11-4-3-12 and reflects a
pitched roof and dormers comparable to the character of the primary structure. Once the property
is annexed into the City no other approvals are required from the Planning Division. The
applicant is required to submit plans to the building division for review and approval prior to
commencing with construction of the detached accessory structure.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the comments noted in
Section VIII. and per the Findings in Section IX.A development agreement is not being
recommended with the subject annexation request.
B. The Meridian Planning&Zoning Commission heard this item on January 21,2021.At the public
hearing.the Commission moved to approve the subject annexation and zoning request.
1. Summary of the Commission public hearing:
a. In favor: Mark Enos
b. In opposition:None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
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Item#12.
4. Commission change(s)to Staff recommendation:
a. None
C. The Meridian City Council heard these items on February 16,2021.At the public hearing,the
Council moved to approve the subject annexation and zoning request.
1. Summary of the City Council public hearing:
a. In favor: Mark Enos
b. In opposition:None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
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Item#12.
VII. EXHIBITS
A. Site Plan(date: 7/20/2012)
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Item#12.
B. Elevations(date: 7/20/2012)
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C. Annexation Legal Description and Exhibit(date: 9/14/2020)
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Rr4JEct No.20-143
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Leal 13MCrlp101x frif
Annex fflor%mnd Rerom ixr R,2
I ao#5,block t of CwuPS-%bdM5don
A parcel of land being all of Ent S,Black 1 of Carol's SuhdivWan y600k 38 of Plats at Pages 5164 through
3iCi5,records of Ada cauntYr Idaho)and take nartberly 25M fret of East Leslie OrNe adjacent to saW Lot
5,Block 1,situated in the Northeast 1/4 el Sestlor.5, r wnship 3 North,flange 1 East, E3.M.,Ada County,
Idaho and bung more particvlarly described as follows
Beginning at the Nor:hwe5t miner of said W1 S,thence foRovArq the northerly boundary arsaid Lot 5r
N77'2b'3G"E a distance of 182.50 ftet to the Northeast corner of said Lot 5,
Theflce leaving said northerly[Eno and fallowing the east,ey line of said Lot Sr S:3$°01.47"E a distance of
247.90 feet projected to the centerflne of fast Les Ile Drive;
'thence 1`cIWwiN said ceriterHne,581'58•i3•'W a distance of 181.93 feet,
Thence IeavIng 5aid centerlintz and foEln+uing the projected westerly lfne of said Lot 51 WPM a
distance of 233.49 fee`to the POINT OF BEGINNING.
Sala parceii cantalnS a total of 1.1X5 acres,more or less_
Attached hereto is Exhibit R and by this reiererroa Es hereby made a part of.
45
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Item#12.
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Annexation and Rezone to R-2
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Item#12.
VIII. CITY/AGENCY COMMENTS
A. PLANNING DIVISION
1. Existing well and septic system shall be abandoned and the applicant shall connect to City
water and sewer service.
2. All driveways shall be paved in accordance with UDC 11-3C-5-131.
3. If the accessory building is used as a secondary dwelling unit,the applicant shall be
required to comply with the specific use standards listed in UDC 11-4-3-12.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-4.
5. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7, as applicable.
6. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
B. PUBLIC WORKS
1. Sanitary sewer and water services were extended into this subject property at the time
mains were installed in E.Leslie Drive. Applicant shall be responsible for the payment
of water and sewer assessment and meter fees.
2. 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 Water
Department at(208)888-5242 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.
3. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8.Contact the Central District Health Department for
abandonment procedures and inspections.
IX. FINDINGS
A.Annexation and/or Rezone(UDC 11-5B-3E)
Required 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:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Commission finds annexation of the subject site with an R-2 zoning designation is consistent with
the Comprehensive Plan LDR FL UM designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
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Item#12.
Commission finds the size of the existing house and lot will be consistent with the purpose
statement of the residential districts and if the accessory building is used as a secondary dwelling
unit, would meet the recommendations of the Plan to provide a diversity of housing.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Commission finds that the proposed zoning map amendment should not be detrimental to the
public health, safety, or welfare. Commission recommends Council consider any oral or written
testimony that may be provided when determining this finding.
4. 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
Commission 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.
5. The annexation(as applicable)is in the best interest of city
Commission finds the proposed annexation is in the best interest of the City if the property is
developed in accord with City/Agency comments in Section VIII.
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