ACHD Ten Mile Annexation - AZ-10-005CITY OF MERIDIAN E IDIAI~T~--
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of a Request for Annexation of 1.50 Acres of Land (3 Parcels) from the Rl
Zoning District in Ada County to the R-4 Zoning District in the City, by City of Meridian
Public Works Department.
Case No(s). AZ-10-005
For the City Council Hearing Date of: February 1, 2011 (Findings on the February 15,
2011 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 1, 2011,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 1, 2011,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 1, 2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 1, 2011, 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-005
-1-
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.
7. That this annexation boundary is subject to the Legal Description and Exhibit Map in the
attached Staff Report for the hearing date of February 1, 2011, 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Annexation as evidenced by having submitted the legal description and
exhibit map, stamped by Glenn K. Bennett and dated December 2, 2010, is hereby
conditionally approved per the conditions of approval in the attached Staff Report for
the hearing date of February 1, 2011, 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 (UDC 11-SB-3D).
A modification to the development agreement maybe 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 one year
period (UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 maybe filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-005
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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 maybe 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 1, 2011.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-IO-005
-3-
~~ of
By action of the City Council at its regular meeting held on the Y
2011.
COUNCIL MEMBER DAVID ZAREMBA VOTED__l.
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant,
Attorney.
VOTED_ ~~~~-
VOTED_~~,~~
VOTED
VOTED
Ma~Q,~, ~~~my de Weerd
\\~,.\~ O~ ~~/Q~4~,,~~~i
G ~°~°'~T~o ',
~~~
UGC ,~~°~' \
,,~~ ,9 C `~P\\~,.
The Plaf~y~~ (~~rt~a~t, Public Works Department and City
Dated: a'~~ ~~~-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-005
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Exhibit A
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
February 1, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
AZ-10-005 - ACHD Ten Mile
~E IDIZ IAN+~-
~J
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The City of Meridian Public Works Department has applied for annexation and zoning (AZ) of 1.50
acres of land from the R1 zoning district in Ada County to the R-4 (Medium Low-Density residential)
zoning district in the City. The annexation boundary includes three (3) individual parcels.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this
item on January 6.2011. At the public hearing the Commission moved to recommend approval
of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: City of Meridian Public Works Department
ii. In opposition: None
iii. Commenting: Warren Stewart
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman
b. Kev Issue(s) of Discussion by Commission:
i. The non-conformities on the property.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Annexing non-conforming property.
as Summary of City Council Public Hearing:
L In favor: City of Meridian Public Works Department
its In opposition: None
111. Commenting: Warren Stewart
lYa Written testimony: None
y. Staff nresentin~ application: Bill Parsons
yia Other staff commenting on application: None
1i, ev Issues of Discussion by Couny l:
i~ None
~_ Key Council Changes to Staff/Commission Recommendation
i< None
ACHD Ten Mile Annexation - AZ-10-005 PAGE 1
Exhibit A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-10-
005 as presented during the hearing on February 1, 2011, with the following modifications: (Add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-10-005 as
presented during the hearing on February 1, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number AZ-10-005 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:
Parcel No. 51203110031; 51203110010; 51203110054
Southwest corner of N. Ten Mile Road and W. Ustick Road; located in the northeast '/ of Section
3, Township 3 North, Range 1 West
B. Owner(s):
Ada County Highway District (ACHD)
3775 N. Adams Street
Garden City, ID 83713
C. Applicant:
City of Meridian Public Works Department
33 E. Broadway Avenue
Meridian, ID 83642
D. Representative:
City of Meridian Planning Department
33 E. Broadway Avenue
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and zoning request. 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: December 20, 2010 and January 3, 2011 (Commission);
January 10 and 24, 2011 (City Council)
C. Radius notices mailed to properties within 300 feet on: December 9, 2010 (Commission);
January 7, 2011 (City Council)
D. Applicant posted notice on site by: December 27, 2010 (Commission); January 20, 2011 (City
Council
ACRD Ten Mile Annexation - AZ-10-005 PAGE 2
Exhibit A
VI. LAND USE
A. Existing Land Use(s): The subject properties are currently developed with a single family
residence. The property adjacent to the Ustick and Ten Mile intersection is also developed with a
mother in law quarters and outbuilding which is used to operate a construction business.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property, zoned R-4 to the south, west, east and vacant commercial property, zoned C-
Gand L-O to the north.
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: Services are available from N Firelight Pl.
b. Location of water: Services are available from N Ten Mile Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
F. Access: The existing residences takes access from N. Ten Mile Road and W. Ustick Road.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units
per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R-4 zoning
designation with the annexation of this property. A portion of the site is currently developed with
single family residences, consistent with the comprehensive plan. However, a portion of the site just
east of the City's pump station is currently being used as for a construction business. This type of
use is a prohibited use in the R-4 zoning district and does not comport with the comprehensive plan.
This type of use is appropriate on industrial zoned property. Staff is of the opinion that the use
should eventually cease in order for the property to conform to the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
- Water service will be extended to the existing residences. At this time, sewer will not be
extended to the property per the City Engineer. It will be extended when the property
redevelops in the future.
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
ACHD Ten Mile Annexation - AZ-10-005 PAGE 3
Exhibit A
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACRD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Since the majority of the property is
surrounded by single family residences; the residential use of the property is compatible with
the adjacent residences.
The existing construction business is more suitable for industrial zoned property and is a
prohibited use in the R-4 district. Staff is of the opinion this use is not consistent with the
surrounding uses. Provisions should be put in place to ensure this use ceases in the future.
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on
collectors and arterial streets.
Two (2) of the existing residences take access for N. Ten mile Road and the secondary
dwelling and construction business take access from W. Ustick Road. Both these roads are
designated arterial streets. UDC 11-3A-3 requires access restrictions when the use
intensifies. At this time, no new development is proposed that would prohibit access from the
adjacent roadways; however staff is recommending condition that will limit future access to
this site if it redevelops.
VIII. UNIFIED DEVELOPMENT CODE
A. The applicant is requesting an R-4 zoning district for the property. The purpose of the
residential districts is to provide for a range of housing opportunities consistent with the
Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems
is a requirement for all residential districts. 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.
B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal
permitted uses in the R-4 zoning district.
C. Dimensional Standards: Any new construction or future building expansions shall comply
with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning
district.
ACHD Ten Mile Annexation - AZ-10-005 PAGE 4
Exhibit A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
AZ: The Public Works Department requests approval to annex and zone three (3) parcels of land
from the R1 zoning district in Ada County to the R-4 district in the City. The purpose of the
annexation is to provide city services (water only) to the subject properties which are necessitated
by the City's water reuse infrastructure project.
Specifically, the reuse water main is planned to be installed in front of these properties extending
south to the new Ten Mile Interchange. During the planning stages of the project, the Department
of Environmental Quality determined that there would be inadequate separation between the
reuse water main and the existing domestic wells, necessitating the need to provide city services
to the properties.
The Public Works Department has initiated the annexation and plans to pay for the water service
lines to the properties. Per UDC 11-3A-21, the City Engineer has waived the requirement for
connection to city sewer due to lack of any development plans and the additional costs of
extending a sewer main to service the properties. It is anticipated that sewer service will be
installed when the property redevelops in the future.
Non-conformity: There is one (1) parcel (51203110031) that does not meet the dimensional
standards (frontage and size requirements) of the R-4 zone and is adjacent to another District
owned parcel to the west (51203110030) that is currently zoned R-4 which does not meet the
dimensional standards as well. The District indicates this property is currently being used for two
purposes. The primary residence that fronts on the corner of Ten Mile and Ustick Road is a
residential rental property and the western half of the property houses a construction business
which is a nonconforming use in the R-4 zoning district.
Staff is recommending a condition requiring a property boundary adjustment (PBA) be processed
and recorded to combine said lots into one parcel and should also include parcel #1203110010 to
reduce the number ofnon-conforming lots. The PBA process will reduce the number of lots from
three to two. The PBA will bisect the property and segregate the two uses occurring on the
property.
It is important to note that the some of the existing structures will not conform to the R-4 districts
dimensional standards (setbacks and minimum home size) outlined in UDC 11-2A-5. The PBA
would not remedy this issue with the property unless the structures were removed. Staff is
supportive of these structures remaining as non-confomung; however any future development on
the site must conform to the UDC regulations in effect at the time of development.
As mentioned above, a construction business is operating from a secondary dwelling and
accessory building on the site. This use is prohibited in the R-4 zoning district. Staff has
contacted Ada County Development Services to see if the County has any record of such
activities. An e-mail from the Ada County has confirmed that said business was not permitted by
Ada County Development Services (see Exhibit A.2).
Ada County Highway District intends to sell the property in the future and has no plans to
develop the property. Staff believes the use should cease when one of the following occurs:
1) the property is sold and re-developed; or
2) the use is abandoned.
Because there is a prohibited use on the site, as well as access and utility issues that will affect
redevelopment, staff recommends a development agreement be initiated between the City and
ACHD with the subject annexation request. If the property is annexed with the requirement of a
ACHD Ten Mile Annexation - AZ-10-005 PAGE 5
Exhibit A
development agreement, staff believes it is in the City's best interest to annex the property (see
exhibit B for the recommended DA provisions). Annexation of the property would allow the
necessary infrastructure to help facilitate the activation of the City's water reuse system.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. E-mail from Ada County Development Services
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
ACHD Ten Mile Annexation - AZ-10-005 PAGE 6
Exhibit A
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
Exhibit A
Exhibit A
Exhibit A-2: E-Mail from Ada County Development Services
Bill,
Hello. I researched the above referenced parcels and we do not have any
data/information that proves that the construction business operating at 3175 N. Ten
Mile is approved.
Let me know if you have any other questions.
Meg Leatherman
Associate Planner
Ada County Development Services
200 W. Front Street
Boise, ID 83702
(208) 287-5715
Exhibit A - 2-
Exhibit A
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The legal description for the proposed annexation submitted with the application (prepared on
December 2, 2010, by Glenn Bennett, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
executed between the City of Meridian and the property owner. The owner shall contact the
City Attorney's Office to initiate this process. The DA shall be signed by the property owner
and returned to the city within two years of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future access to this site shall be in accord with UDC 11-3A-3.
b. The commercial use activities located at 3175 N. Ten Mile Road shall cease when
one of the following occurs on the property:
1) the property is sold and redeveloped or;
2) the use is abandoned.
c. Sanitary sewer shall be extended to this site upon re-development of the property and
that extension shall be borne by the owner.
d. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development. Existing non-conforming structures
may remain as is until the property redevelops in the future.
e. The applicant shall process a property boundary adjustment for the purpose of
combining parcels (S 1203110031) and (S 1203110030) and shall include parcel
#1203110010 to create lots consistent with the R-4 zoning district once the property
is annexed into the City.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant will be responsible for all costs involved with the extension of water service to
the subject parcels.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD comments on this application are forthcoming.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B - 1 -
Exhibit A
C. Legal Description and Exhibit Map
ANNEXATION DB~CRIPTION
FOR. THB
t:Tl'Y OF MERIDIAN
3137 asui 3175 NORTB TEN MILLIt ROAD PARCSLB
A parcel Iooatied to ffie NB ~'- of the NB St of Seaton 3, Tourns6ip 3 Nasih, Range 1 West, Bosse
Maridias-, Ada taua:y, Idaho, more perttcnlaiy deecrtbed as follows:
B134INNINCi at a buss Dap monument maw die northa~arly Dame of ssid NB S6 of the
NE 16 fi+nnn vrbich a brass ~P monument madang the nocthwa~aiy corner of NB ii of said
Section 3 beers N 89°07' 11" W a distance of 2640.71 feet;
Thence N 89°07' 11" W along the narthaciy brnmdary of said NB S4 of the NB i4 a distan<x of
255.76 $ed to a point matiria~g the eatmalon of Oee easterly bau~ary of Lot 2 of Bock S of
ENGLBIFDOD CRBEK BSTA:FNS SUBDI i7SION ND. 1 as ~o~vn in Boaic 73 of Pits at Page
7488 is the office of the Reootde~ Ada Coaoty, Idaho;
Thence Leaving sad norrhe[Ey bounday 30°24'02" W along sad exbe~dod baimdaty a d~eooe
of 255.73 feet to a point on rnid easberlY Y. ~d P~ aLw ~g ~ ~~'~Y comer
of L,ot 8 of Block 2 of FIRBLIQf~T'EST.ITFS as slwwn in Book 72 of Plats at Page 7399 is said
otTice of the Reoos+da;
Thenx leaving said easterly bomndary S 69°07'48" B along the aotiDeoeion of the northerly
bonnada1- of saw L.ot 8 a distance of 255.77 feat tc a point on the easterly bo~nda~ry of said NB 46
of the NB',i;
Thence leaving Last said extended boondary N 0°23'56" B along said aastaiy bou~ary a
disduotce of 255.68 feet to fhe POINT OF BB(3INNlNC~.;
This panel coa~ns 1.50 actres.
Propaared by: Cllenn K. Bennett, PL3
Civil Survoy t7orraultants, b~
Decanter 2, 2010
RE1~ PiIOVAL
BY
pEC D 2010
MERCIRKS DEf'T.tC
Exhibit C
Exhibit A
Exhibit C - 2 -
Exhibit A
D. Required Findings from Unified Development Code
1. Annexation & Zoning 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:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex and zone the subject property from R1 in Ada County to
R-4. The Council finds that the proposed map amendment is consistent with the MDR future
land use designation for this site if the construction business ceases in the future. Therefore,
the Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan.
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 district is consistent with the
purpose statement of the residential district. The City Engineer has waived the requirement
for sewer hook-up until the property redevelops in the future (see Sections 7 and 9 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.
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-SB-3.E).
The Council finds the annexation of this property is in the best interest of the City because it
furthers the goals and objectives of the City's capital improvement plan.
Exhibit D