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Schnebly Annexation H-2020-0115 Findings Item#12. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for Annexation of 0.75-Acre of Land with an R-2 (Low-Density Residential)Zoning District,by Richard Schnebly. Case No(s). H-2020-0115 For the City Council Hearing Date of: February 23, 2021 (Findings on March 9,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 23,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 23, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 23, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 23,2021,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 23,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCHNEBLY ANNEXATION H-2020-0115 - I - Page 205 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 is hereby approved without the requirement of a Development Agreement per the Staff Report for the hearing date of February 23,2021, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of February 23,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCHNEBLY ANNEXATION H-2020-0115 -2- Page 206 Item#12. By action of the City Council at its regular meeting held on the 9th 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 3-9-2021 Attest: Chris Johnson 3-9-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCHNEBLY ANNEXATION H-2020-0115 -3- Page 207 Item#12. EXHIBIT A STAFF REPORTC�WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 2/23/2021 Legend DATE: leiPraject Lacfliian TO: Planning&Zoning Commission 01 FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0115 Schnebly Annexation y =FRA tcLIN'RD LOCATION: 2690 E. Franklin Rd., in the SE 1/4 of h Section 8,Township 3N.,Range IE `----' I. PROJECT DESCRIPTION Annexation of 0.75-acre of land with an R-2 (Low-Density Residential)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.75-acre,including adjacent right-of-way to section line of E.Franklin Rd.; 0.63-acre,exclusive of right-of-way Future Land Use Designation Commercial Existing Land Use Rural residential(one single-family home) Proposed Land Use(s) No change(continue existing residential use) Current Zoning RUT in Ada County Proposed Zoning R-2 Lots(#and type;bldg/common) NA Amenities NA Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 11/21/20; 1 person called,no one attended meeting attendees: History(previous approvals) None Page 1 Page 208 Item#12. B. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legends, f .� Pro}ect 0 Lacafmn I Project Lflc7-or I T J I pp " 6. 2 76_ s E LANARK ST ` E LANARK Civic I F ST 1 ' -FRA fcLIN-RD 2.73 ensih� E'FRAN VTIN'RD Lo - R sie nt aI . o Zoning Map Planned Development Map (fLegend let Project Laca-Ror _ �- I Pro4ect Lflcafian 0 I-L — Plar red Parcels JC72� ST i i t CI RUT 21 'FRA KLIN'RD =FRA fcL IN, - L-O R1 L4L F III. APPLICANT INFORMATION A. Applicant/Representative: Richard Schnebly—4050 E. Hubbard Rd.,Kuna,ID 83634 B. Owner: Same as Applicant C. Contact: Same as Applicant Page 2 Page 209 Item#12. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published 1/1/2021 2/5/2021 Radius notification mailed to properties within 300 feet 12/29/2020 2/2/2021 Public hearing notice sign posted 1/9/2021 2/13/2021 Nextdoor posting 12/29/2020 2/2/2021 V. STAFF ANALYSIS The Applicant proposes to annex 0.75-acre of land,including adjacent right-of-way to the section line of E.Franklin Rd.,with an R-2(Low-Density Residential)zoning district. A legal description for the annexation area is included in Section VII.A.,which depicts the area within the Area of City Impact boundary. The reason for annexation is the existing septic system on the single-family residential property failed late last year and the Applicant had to hook-up to City water and sewer service.No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst. #2020-151430). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. The Comprehensive Plan Future Land Use Map (FLUM) designation for this property is Commercial. Because there is an existing home on this property and the use is proposed to remain residential,an R-2 zoning district is requested as a"placeholder"zoning district until the property redevelops in the future.A commercial zoning district would create a non-conforming use(i.e. a single-family residential dwelling is not a permitted use in a commercial zoning district),which is not preferred. Prior to re-development, a rezone should be requested and development proposed consistent with the Commercial FLUM designation. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property, Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A,that requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. With future redevelopment of the property, access via E. Franklin Rd. and access and interconnectivity with adjacent properties will be evaluated in accord with the provisions listed in UDC 11-3A-3. An attached sidewalk exists along E. Franklin Rd.; a detached sidewalk may be required as set forth in UDC 11-3A-17C. A street buffer will be required along Franklin Rd. as set forth in UDC Table 11-2A-4 with landscaping per the standards listed in UDC 11-313-7C. VI. DECISION A. Staff: Staff recommends approval of the Applicant's request for annexation&zoning with the requirement of a Development Agreement per the Findings in Section IX. Page 3 Page 210 Item#12. B. The Meridian Planning&Zoning Commission heard these items on January 21, 2021. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Rich Schnebly,Applicant b. In opposition:None c. Commenting. None d. Written testimony: Brad Miller,Adler Industrial; Rich Schnebly,Applicant e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Concern pertainingtpatibility of R-2 zoningof f the property with adjacent industrial uses to the north—suggests commercial zoning might be more compatible and a better option. b. The Applicant requests not to have a development agreement requirement for this property due to financial constraints pertaining to paying an additional DA fee. 3. Ke, ids)of discussion by Commission: a. Buffer requirements that may apply on adjacent industrial property if the subject property is zoned residential instead of commercial as designated on the FLUM (a buffer was already required on the adjacent property to the north), b. The reasons for requirement of a Development Agreement and whether or not one is needed to ensure future development is consistent with the Commercial designation. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard this item on February 23,2021. At the public hearing the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Rich Schnebly.Applicant b. In opposition: None c. Commenting:None d. Written testimony,None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The Applicant requested either no requirement for a DA or waiver of fees for such if one is required. 3. Key issue(s)of discussion by City Council: a. The reasons for requiring a DA and if one is necessary as a provision of annexation. 4. City Council change(s)to Commission recommendation. a. The City Council did not require the Applicant to enter into a development agreement with the City as a provision of annexation. Page 4 Page 211 Item#12. VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map SURYETINS L RIPPIBO � 'k 4L $FRV1C1 Anncxaton Land Description A parcel of la d being a portion of the southwest quarts of 1ha aautheast quarter of Seuiort S, Township 3 North.Range 1 EW of the Boise MuAan,Ada County,Idaho,being mare- pw[cuiarly described as follows= Commencing at the brass cap Manu4trerlt U tht earner common to Sectiam$,9, 16 and 17,T3N, R1 E as shnum on Recwd of Sun-e+r N.D.7711.Records of Ada{'witty.Idaho from which the found ka m cap monnmmt at the quarter comer commcm iD vud Sectians l£and 17 bexe,S SW 32'00'W a Aistunoc of 2571.02 fiat as shown on said Rcurd of Suacy rasp:thttx S 8913�1' W'W along the section line for a dMance of l571.18 feet to the REAL POINT OR BF:GENNING;. Theace continuing S SW 32'Or W for a distance-of 100.ioo feet: Thew,e lei 00'29'W'yr for a dirmwe of 342.11 feet; 'nccnec S 72"37'WE far a distance or 105-23 fcvt; Tl --wc S 00'26' 11"E for a distance of300.95 feet to the lRRAr. PONT OF BEGINNING; Psrc,�-1 8Mt4ns 0_749 ages or 32,626 squme feet,morc Dr Icsg_ The Wx"description is wrinm from r=ord data shown on R$eord ofSurvey alp_7711,records of Ad%C ,Idaho. L 1 46 A4. 0 . 1 tM W.FWS$I..Sulks 306` Bch,ID n7U2 °Phone:309-4e15�4221 WWW-aoCUr urMY0t5-Qr,M Page 5 Page 212 Item#12. -EXHIBITMA -- - A RM ICV OF Nt SW T 4 OF THE SE P 4 If >P ADA COUNTY PDAM0 ti fia SCALE "=50' � 2690 E FRANKLfN sc AAWFX4 TION AREA 4.1 4 0.74!9 Acrew i M,626 -qquure Feed 4 s � 11463 OF 4 I � . L4 pj% I -- $W— I t`d' E Fi?Al1 UOV ROAD LEGEND BASIS OF aCAWC +t+i'NEXA TlF BotlrrAfi7 * r PARCEL LWE �. � 1t�W-}I0p�:rert kIN —WM —FA —R'w —W—R�'— RIGKT—OF—IAA Y �bt,Idaho B3702 tto www.8ct„retesurvey�1mffl A GAE ,A T€O PONT ROS No. 7711 y SATE NOV,.MM JOB 20-3[10 Page 6 Page 213 Item#12. VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION Prior-to approval of the annexation ordinanee, a DA shall be entered into between the City o Gtiffently, a fee of$303.00 shall be paid by the Applieant to the Planning Division prior-to eommeneement of the DA. The DA shali be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA a. Prior-to any ehange in use or redevelopment of the subjeet property, a rezone to -a eommer-eial zoning distfiet and a madifieation to this agreement shall be requested to inelude a eeneeptttal development plan eeasisten�with the Commer-eial Ftttttr-e ha-ad Us-e Map (FLUM) designation and guidelines in the Compr-ehensive Plan. b. Futufe development of this site shall be eonsistefA with the applieable standards in the The City Council did not require a development agreement as a provision of annexation. B. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=217667&dbid=0&repo=MeridianC 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; The City Council finds annexation of the subject property with an R-2 zoning district and requirement for the property to redevelop in the future consistent with the Commercial future land use map designation in the Comprehensive Plan is appropriate for this property(see Section Vfor more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1 in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Page 7 Page 214 Item#12. 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 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. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 8 Page 215