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Pecchenino Annexation - AZ-10-004CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDR IAN~- ~J In the Matter of a Request for Annexation of One (1) Acre of Land from the RUT (Rural Urban Transition) Zoning District in Ada County to the R-4 (Medium Low-Density Residential) Zoning District in the City, by the City of Meridian Public Works Department. Case No(s). AZ-10-004 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. 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-10-004 -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 November 17, 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 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. 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. E. 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-10-004 -2- By action of the City Council at its regular meeting held on the day of ~~~~ , 2011. COUNCIL MEMBER DAVID ZAREMBA VOTED~~ COUNCIL MEMBER BRAD HOAGLUN VOTED~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~ COUNCIL MEMBER KEITH BIRD VOTED ~ 2 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~ C ~ ~~yar Ta de Weerd '"~ Attest: . ~.,~`~ , r~ ~ r" ~ ~~ , ;. ~ ~ fir.. .. ~J i -, a Jay e o ~_'^~ ~~ 4 ~ 1. Af P Copy served upon Applicant, Ing Department, Public Works Department and City Attorney. By: ~~~~" ~ ,~~V`- ~~~~~~t Dated: City Clerk's Office ~-~~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-10-004 -3- Exhibit A STAFF REPORT T T HEARING DATE: February 1, 2011 ~ I~h~.N~--' TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-10-004 -Pecchenino I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Public Works Department has applied for annexation and zoning (AZ) of one (1) acre of land from the RUT (Rural Urban Transition) zoning district in Ada County to the R-4 (Medium Low-Density Residential) zoning district in the City. 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, City Engineer iv. Written testimony: Treasea Pecchenino v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman b. Kev Issue(s) of Discussion by Commission: i. Storage of recreational vehicles on the property and UDC requirements for screening. c. Kev Commission Change(s) to Staff Recommendation: i. Commission modified condition of approva11.1.4 to read the recreational vehicles shall be screened with a 6-foot solid fence in accord with UDC 11-3C-4A.2. ii. Received ACHD's comments on the Annexation application (see Exhibit B). d. Outstanding Issue(s) for City Council: i. None Council heard this item on February 1.2011. At the public hearing. t ouncil approved the subiect AZ reauest as Summary of City Council Public Hearing: L In favor: Treasea Pecchenino. City of Meridian Public Works Department 11. In opposition: None iii. Commenting: Mike Pecchenino lY. Written testimony: None ~ Staff presenting application: Bill Parsons yi. Other staff commenting on application: Warren Stewart Pete Friedman, Bill Narv 1~ ~Y, ~ 1. Fenci ~ ~ ~~ 1: None Pecchenino Annexation - AZ-10-004 PAGE 1 Exhibit A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-10- 004 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-10-004 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-10-004 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. S 1203449012 1955 N. Ten Mile Road; located in the southeast'/ of Section 3, Township 3 North, Range 1 West B. Owner(s): Mike and Treasea Pecchenino 1955 N. Ten Mile Road Meridian, ID 83646 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 Pecchenino Annexation - AZ-10-004 PAGE 2 Exhibit A VI. LAND USE A. Existing Land Use(s): The subject property is currently developed with a single family residence and accessory buildings. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential property, zoned R-4. C. History of Previous Actions: NA D. Utilities: 1. Public Works: a. Location of sewer: Services are available from W Hatch Ct. 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 residence takes access from N. Ten Mile Road and has access to W. Hatch Court. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated as "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. Currently the property is developed with one single family residence. At this time, there are no plans for developing the property. The annexation request is necessary to facilitate the extension of city services to the property. Since the property is developed with a single family residence; this use and the proposed R-4 zone is consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • 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 currently provides municipal services to the subject property in the following manner: Sanitary sewer and water service will be extended to the existing residence. 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 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). Pecchenino Annexation - AZ-10-004 PAGE 3 Exhibit A • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Municipal, fee-supported, services will continue to 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 D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. The existing residence has access from two different streets. The driveway for the residence fronts along Ten Mile Road and serves as the main access to the residence. A secondary access is provided from W. Hatch Court (a local street); a cul-de-sac located at the northwest corner of the property which allows access to the rear of the property. The UDC requires access to be taken from a local street if one is provided. At this time additional development is not proposed for the property and intensity of the use of the site is not proposed to change. The annexation request is merely to extended city services to the property to allow the city to move forward with expanding the water reuse line in front of this property down to the new interchange. If future development is planned for the property, access to N. Ten Mile Road should be restricted and the future access to the property should be from W. Hatch Court. 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 building expansions comply with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Public Works Department requests approval to annex and zone one (1) acre of land from the RUT zoning district in Ada County to the R-4 district in the City. The purpose of the annexation is to provide city services to the subject property which are necessitated by the City's water reuse infrastructure project. Specifically, the reuse water main is planned to be installed in front of this property down to the new Ten Mile interchange. While in the planning stages of the project, it was determined by the Department of Environmental Quality that there is an inadequate separation between the reuse water main and the property owner's domestic well thus necessitating the need to provide city services to the property. The City has agreed to initiate the annexation and pay for the service hook ups. Pecchenino Annexation - AZ-10-004 PAGE 4 Exhibit A A contractual agreement on the terms and costs of the service installation between the City and the owner will be prepared in place of a development agreement. The property owner has consented to the annexation and has granted permission to the City to act on their behalf in respect to the annexation application. At this time, there is no development proposed with the annexation. Future development will be subject to the development standards of the UDC in effect at the time of development. Currently, a number of recreational vehicles are being stored on the property which appears to be a RV storage facility (accessory outdoor storage). In order to facilitate the outdoor storage, the property owner would first need to be annexed in to the city and then follow-up with a certificate of zoning compliance (CZC). In addition, the accessory outdoor storage would have to comply with the specific use standards in accord with UDC 11-4-3-33. After speaking with the property owner, it was not his intent to have accessory outdoor storage on the site. Thus, any recreational vehicles that are not under the ownership of the property owner should be removed from the property. In addition, any recreational vehicle owned by the property owner is required to be screened by a 6-foot solid fence as set forth in UDC 11-3C-4A.2. The existing fencing on the property is 4-foot chain link. Staff is of the opinion that proper fencing should be erected to adequately screen the recreational vehicle. Said fencing should replace the existing 4-foot chain link fence the runs from the north side of the existing residence and terminate at the northern property boundary. The Public Works Department has agreed to coordinate with the property owner for the construction of the new fencing. Staff anticipates the new fencing to be in place in conjunction with the home being hooked-up to city services. Staff finds zoning this property R-4 and providing city service connection is consistent with both the Comprehensive plan and the Unified Development Code. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 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 Pecchenino Annexation - AZ-10-004 PAGE 5 Exhibit A Exhibit A.1: Vicinity/Zoning Map & Aerial Map RUT d "" ~. i W KANDICE ST r n; i ~ . -" , W Q ~ W HIGAN z ST w J_ z o ~ Z 3 ~ ~ 1 z z 1 ~ , o i a y ,. _ 3 -- ~ _ -- Exhibit A Exhibit A B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The legal description for the proposed annexation submitted with the application (prepared on November 17, 2010, by Glenn K. Bennett, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.3 Development of the subject property shall comply with the R-4 standards listed in UDC 11- 2A-5. The uses allowed pursuant to this agreement are those uses allowed in the R-4 zoning district listed in UDC Table 11-2A-2. 1.4 ' _ .The e~xe~~ recreational vehicles shall be screened by a 6-foot solid fence in accord with UDC 11-3C-4A.2. 1.5 Future redevelopment of the site or replacement of the existing structure shall cause access for this site to be from W. Hatch Court, unless waived by City Council. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant will be responsible for all costs involved with the extension of sewer and 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 This application is for a rezone only. Listed below are site-specific conditions o~pproval that the District may require when it reviews a future development application for this site. The District maY add additional site-specific requirements when it reviews a specific re-development application. 6.1 SITE SPECIFIC CONDITIONS OF APPROVAL 6.1.1 Dedicate an additional 10-foot of right-of-waYto tota150-feet of right-of-way from the centerline of Ten Mile Road. OR Provide the District with a 10-foot wide sidewalk easement. 6.1.2 If Hatch Court is used to access the site, apply for a drivewa~pproach permit through ACHD's Construction Services. Call 387-6280 for more information on the permit process. 6.1.3 Comply with all Standard Conditions of Approval. Exhibit B - 1 - Exhibit A 6.2 STANDARD CONDITIONS OF APPROVAL 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 6.2.2 Private sewer or water systems are prohibited from being located within the ACHD ri hg tof- way. 6.2.3 In accordance with District policy, 7203.6, the applicant maybe required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping_proposed within ACHD right-of--way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The ~plicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking_ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing_by the District. Contact the District's Utili~ Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occ~anc~ 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writin ag nd signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site elan or use should change in the future. ACRD Plannine Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Polio and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is r by the ACHD Commission. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. Exhibit B Exhibit A C. Legal Description and Exhibit Map ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN 1955 NORTH TEN NIILE PARCEL A parcel located in the SE Y. of the SE % of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commcx-cing at an aluminum cap monumea-t marking the northeasterly corner of said SE k of the SE % from which a brass cap momunent marking the southeasterly corner of said SE ~G of the SE `/. bears S 0°18'56" W a distance of 1321.44 feet; Thence S 0°18'56" W along the easterly boundary of said SE %. of the SE'/. a distance of 26.07 feet to the POINT OF BEGINNING; Thence continuing S 0°18'56" W a distance of 170.05 feet to a point marking the extension of the boundary of CHERRYLANE VILLAGE NO. 3 SUBDIVISION as shown in Book 58 of Plats at Pages 5473 and 5474 in the office of the Roeder, Ada County, Idaho; Thence leaving said easterly boundary S 89°58'40" W along said subdivision boundary a distance of 255.90 feet to ~ angle point in said subdivision boundary; Thence N 0°18'56" E along said subdivision boundary and also the boundary of CHERRPLANE VILLAGE NO. S SUBDIVISION as shown in Book 69 of Plats at Page 7033 in said office of the Rewarder a distance of 171.55 feet to an angle point in last said subdivision boundary; Thence S 89°41'04" E along last said subdivision boundary a distance of 255.90 feet to the POINT OF BEGINNING. This parcel contains 1.00 acres. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 17, 2010 REVI PPE~/Al- BY --------- ~CQ~ ~lEalDtnrl pusuc 1Nt~KS DEPT Exhibit C Exhibit A ~~ ~ ~ ~ ;~~ r a~ W gQ ~~ ~ ~ ~ gS ~ ~ ~ ~ b s~ O $ ~' ,tt•l~'l M „95,81.0 S OIR71d/ 37/~ I1Q[ N 1 w ,LD'9d , SO ~Ll £'S l l ~ p W a ~ ~ oZ ~~ ~,,~. W~ ZZo o~~ ~q ~ ~ D ~ ~ ~~ Q.~© N Ze N ~~~ ~ ~ o v W ~ZQ ~ 4 "~ ~ ~ ~ pp 'ro, s O~~ ~ ~ ~ 6 ,~ 20 v $ 2 2 ~ ~ ~, ~a ~ ~ Q h ~~ ~~ ~$ Q ~ ~ A ~~ d vl w ~' ca o a V~ ~~ ~ ~'~ 5~ ~' ~ W ~ ~ ~' ~y ~~ 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 RUT 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. 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. 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