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
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Item#12.
B. Project Area Maps
Future Land Use Map Aerial Map
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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
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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.
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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.
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VII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
SURYETINS L RIPPIBO � 'k 4L
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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.
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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.
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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.
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