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Victory South - AZ-13-015CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDR IAN ~~ In the Matter of Annexation of 310.08 Acres of Land from the RUT, Rl, R4 and R6 Zoning Districts in Ada County to the R-4 (Medium-Low Density Residential) and the R-8 (Medium- Density Residential) Zoning Districts for Victory South, Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road, by City of Meridian Planning Division. Case No(s). AZ-13-014 For the City Council Hearing Date of: December 3, 2013 (Findings on January 7, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 3, 2013, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-014 -1- 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 Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Comments all in the attached Staff Report for the hearing date of December 3, 2013, incorporated by reference. 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 request for annexation is hereby approved per the comments in the attached staff report for the hearing date of December 3, 2013, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 may be 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 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 December 3, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-014 -2- L By.action of the City Council at its regular meeting held on the day of ~J ~~~~- , 2014. COUNCIL PRESIDENT BRAD HOAGLUN VOTED~+~ COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED~A COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. ~ ~- By: '! ~ ~_ __-"~ Dated: ~ - ~ " ~ L I City lerk; s ~ ~ ice ~~-- ~, CITY OP MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-O14 -3- EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: December 3, 2013 Mayor and City Council E IDIAN~-- IDAHO SUBJECT: Caleb Hood, Planning Division Manager 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Victory South - AZ-13-014 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division has applied for Category B annexation of approximately 310.08 acres of land from the RUT, R1, R4 and R6 zoning districts in Ada County to the R-4 (Medium-low density residential) (221.94 acres) and R-8 (Medium-density residential) (88.14) zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on November 7, 2013. At the public hearing, the Commission voted to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division, Public Works, Merle Hansen, Christy Rve and Gordon Hamilton (Neutral) and Becky McKay ii. In opposition: Connie Tewalt. Curtis Hoagland and Steve Falter iii. Commenting: Becky McKay and Alexandria McNish iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: Bill Narv, Tom Barry and Warren Stewart b. Key Issue(s) of Discussion by Commission: i. Future water quality. ii. Code violations and non-conforming structures/uses in the existing subdivisions. iii. Timing and integration of the Meridian Water and Sewer District's infrastructure with City's water and sewer infrastructure. iv. City service connections vs. existing well and septic for the McNish property. v. Timing and requirements for the decommissioning of the sewer lagoons. vi. Use of the existing wells and septic systems remaining until development is proposed or private systems fail. c. Key Commission Change(s) to Staff Recommendation: i. Commission modified Planning Division's comment 1.1.1 including the Meridian Heights Water and Sewer District. d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on Decemher 3.2013. At the public hearings the ouncil annroved the subiect AZ, request Victory South - AZ-13-014 PAGE 1 EXHIBIT A ~_ itv Council Public Hearing: y In favor: Planning Divicinn_ Public Wnrks_ .Tack Dotson, Robert Gamble, Darlene Lunch and Val Hill jj, ],1LQl2nosition: Colleen Cnle_ Mike Cnle_ Tnny Aramburu, Tamera Hamilton, Charlaine Fisch, Curtis Hoagland. Fred Tillman and Brenda Jones jji, Commenting: .nrdnn Hamiltnn_ Alexandria McNish and Becky McKay jy, Written testimony: Ron Abel. Rob Mitchell. Annactasia Miles and a petition with ninety-five (9 1 si na ~r c from r cid nrec in the K nt ~cky RidPe Estates Subdivision objecting to the proposed R-R zoning district nn the Hansen/Tewalt nronerties. y, taff presenting annlication: Caleb Hood and Tom Barry yl: ther staff commenting on annlication: Ted Baird and Jeff Lavev 12, ev Issues of Discussion by Council• j, Continuation and future enforcement of the non-conformity uses and/or structures within the Kentucky Ridge Estates and Meridian Heights Subdivisions. jk Water and sewer hook-un of the McNish nronerty. jjja Transitional lot sizes adjacent to the Kentucky Ridge Estates Subdivision. jy, Annexing the Hansen. Tewalt and MHWSD nronerties with the R-8 zone. y, Future and existing street connectivity in the area. y1, Pressuri .ed irri atinn system for the Kentneky Ridge state and Meridian Heights Subdivisions. yjj, i,ivestock remaining on annexed nronerty. viii. uture development of the Hansen. Tewalt. MHWSD and Centers nronerties requiring itv review and approval ~, Kev Council Changes to Staff/Commission Recommendation j, comment (1.1.11. to require the Hansen nronerty develop wit transitional lots sizes and/or landscape buffer matted as a common lot adjacent to the entuckv Ridge Estates Subdivision. Compliance will be required with the future evelopment of the nronerty. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-13- 014, aspresented in the staff report for the hearing date of December 3, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-13-014, as presented during the hearing on December 3, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number AZ-13-014 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: The properties are generally located south of W. Victory Road, east of S. Linder Road and west of S. Meridian Road in Section 25, Township 3 North, Range 1 West. B. Owner(s): The proposed annexation is comprised of land owners in the Meridian Heights Subdivision, the Kentucky Ridge Estates Subdivision, the Meridian Heights Sewer and Water Victory South - AZ-13-014 PAGE 2 EXHIBIT A District, and multiple other parcels owned by the Centers, Tewalt, and Hansens. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 7, and November 4, 2013(Commission); November 11, and 25, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: October 7, 2013 (Commission); November 8, 2013 (Council) D. A public service announcement was emailed on: October 21, 2013 (Commission); November 18, 2013 (Council) E. The properties were posted on: October 24, 2013 (Commission); November 19, 2013 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are either developed as County residential subdivisions or are being farmed; zoned RUT, R1, R4 and R6 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Bear Creek and Strada Bellissima Subdivisions, zoned R-4 (City) 2. East: Future phases of the Cavanaugh Subdivision, zoned R-8 (City) 3. South: County residences and agricultural land, zoned RUT (Ada County) 4. West: County residences and agricultural land, zoned RUT (Ada County) C. History of Previous Actions: The Kentucky Ridge Estates Subdivision and the Meridian Heights Subdivision were approved through the County. The Tewalt, Hansen and portions of the Centers properties were previously considered for development. These projects were withdrawn by the applicant prior to Council action. D. Utilities: 1. Public Works: a. Location of sewer: The subject area can be served by an extension of the existing sewer main located in W. Victory Road south of Bear Creek No.4 Subdivision. b. Location of water: The subject area can be served by an extension of the existing water mains located in W. Victory Road and S. Meridian Road. c. Issues or concerns: Conversion of existing private sanitary sewer and water systems over to municipal service. Victory South - AZ-13-014 PAGE 3 EXHIBIT A E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal, Sundall Lateral, Calkins Lateral and other smaller laterals transverse the subject properties. These waterways impact underdeveloped properties and will be addressed when future development is proposed. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses through a portion of the properties proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The gas company has provided comments on the annexation request and those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated "Low Density Residential" (LDR) and "Medium Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation anticipates densities of 3 dwelling units or less per acre and the MDR designation anticipates densities of 3 to 8 dwelling units per acre. The City is proposing to annex approximately 310.08 acres of land with the R-4 and R-8 zoning districts which is generally consistent with the Future Land Use Map (FLUM) designations. Based on the densities and lot sizes platted with the Kentucky Ridge Estates and Meridian Heights subdivisions, staff is of the opinion that the requested R-4 and R-8 zoning districts are appropriate for these existing developments. With the future development of the vacant and underdeveloped parcels subject to this annexation, staff will ensure compliance with the comprehensive plan and the dimensional standards of the R-4 and R-8 zoning districts. No development is proposed concurrent with the subject annexation request. Staff finds the following Comprehensive Plan policies to be applicable to this application (staff analysis in italics): • "Eliminate existing inadequate private treatment systems in the City and discourage their use within future City limits." (5.07.0X) The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the City's water and sewer systems will necessitate the decommissioning and reclamation of two sewer lagoons which are owned and operated by the Meridian Heights Water and Sewer District. • "Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services." (3.04.01 H) Prior to submittal of the subject application, Police, Fire, Parks, and Public Works staff were notified and asked to analyze the annexation for impacts. With the accompanying annexation plan, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. (See the application file for specific comments for all City Departments). • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The properties contained within the annexation boundary are designated LDR and MDR. Much of this area of Meridian is rural in nature. Under the R-4 and R-8 zoning districts a Victory South - AZ-13-014 PAGE 4 EXHIBIT A mix of residential housing is allowed that should provide additional housing choices in the area. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) No new development is proposed with the subject annexation application. With the future development of the vacant properties, the developer will be require to comply with the landscape, fencing, open space and amenity requirements set forth in the UDC. Because the Kentucky Ridge Estates and the Meridian Heights Subdivisions were approved through the County and subject to the County zoning regulations at the time of development, existing structures and ancillary uses may not comply with all of City Code. If the subject annexation is approved, all existing non-conforming structures and uses that do not comply with the City's zoning regulations will be documented. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) The properties proposed for annexation are contiguous with the current City limits. With the annexation of the properties, the existing, developed residences in the Meridian Heights and Kentucky Ridge subdivisions will be connected to the City of Meridian's water and sewer systems. The remaining properties being annexed (Hansen, Tewalt, Centers and the Meridian Heights Water and Sewer District properties) are undeveloped (vacant) or underdeveloped and city utilities will be extended with future development of these properties. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) Several stubs streets were constructed with the development of the Kentucky Ridge and Meridian Heights subdivisions as they were platted in Ada County. Existing stub streets will be extended with any future development of adjacent properties. There is an existing private lane (Arcaro) that will need to be abandoned or converted to a public street if properties adjacent redevelop in the future. • "Implement the City's Pathways Master Plan." (5.03.O1A) The comprehensive plan depicts a 10 foot pathway through the Centers property. If/When future development is proposed, the developer will be required construct a 10 foot wide multi-use pathway in accord with the Plan. • "Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.01 I) A portion of the Centers property is impacted by a 75 foot wide Williams-Northwest pipeline easement. Staff will transmit application to the gas company when/if future development(s) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. • ``Require adequate fees from new development to fund expansion of services." (6.02.01 C) With any future development of the vacant/underdeveloped properties, the developer will be required to pay impact fees to the City and ACHD to help fund the expansion of City services and future road improvements. The financial and performance responsibilities of connecting the Meridian Heights and Kentucky Ridge subdivisions to the City of Meridian's sewer and water distribution systems will be borne by a developer, whose property will also be annexed under this proposal Victory South - AZ-13-014 PAGE 5 EXHIBIT A (Centers). Upon the physical connection of the existing homes in the subdivisions to the City's water system, full water hook-up fees of $1794 and full sewer hook-up fees in the amount of $2749, will be paid to the City of Meridian by the Meridian Heights Water and Sewer District. Any new home constructed in this area will be required to pay their individual hook-up fees at the time of building permit. • ``Enforce City Codes." (3.05.020) Because the Kentucky Ridge Estates and the Meridian Heights Subdivisions were approved through the County and have been subject to the County zoning regulations, existing structures and ancillary uses may not comply with all of City Code. With the annexation of the property, the City will "inherit" any existing code violations. In 2008, the City's Code Enforcement Off cers were asked to do a preliminary investigation of how many violations may exist in this area; off cers found 75 properties with violations. If the subject annexation is approved, all existing non-conforming structures and uses that do not comply with the City's zoning regulations will be documented so code enforcement can address any new violations that may come up in the future. • "Engage the public in land use planning processes by using a variety of methods to inform and solicit comments." (7.01.01 D) In addition to the noticing requirements of State and City Code, the City of Meridian and the Meridian Heights Sewer and Water District held two (2) open house meetings to discuss the annexation plan with property owners. These meetings were held on October 1 S, and 19, 2013. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. 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. The medium-low density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre and the medium-density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: The lots platted with the Kentucky Ridge Estates and Meridian Heights subdivisions comply with the dimensional standards of the proposed zoning districts. Any development proposed for the vacant or undeveloped properties must comply with the dimensional standards outlined in the UDC. All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11-2A-5 and UDC 11-2A-6 for the R-4 and R-8 zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- 6C-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC 11-3G) will apply to any future proposed development. Victory South - AZ-13-014 PAGE 6 EXHIBIT A F. The non-conforming section (UDC 11-1B) of the UDC applies to the properties developed with the Kentucky Ridge Estates and Meridian Heights Subdivisions. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning Overview: The City of Meridian (City) is proposing to annex 310.20 acres of land adjacent to the existing City corporate boundaries and within Meridian's Area of City Impact (AOCI). The proposed annexation is comprised of the lots in the Meridian Heights Subdivision, the lots in the Kentucky Ridge Estates Subdivision, lands owned by the Meridian Heights Sewer and Water District, and multiple other parcels owned by Hansen, Tewalt and Centers. The proposed zoning designations for the area are R-4 (Medium low-density residential) and R-8 (Medium-density residential) which are consistent with the Future Land Use Map designations. The proposed zoning designations are based on the Comprehensive Plan Future Land Use Map designations, the current densities and lots sizes within the existing subdivisions, zoning of other properties in the area, and probable suitable future uses and densities. State Code: The proposed annexation is subject to the State of Idaho's rules and requirements of a Category B annexation; the subject lands contain more than one hundred separate private ownerships and platted lots where landowners owning more than fifty percent of the area have consented to the subject annexation. Category B annexations require the City to prepare an Annexation Plan which includes, at a minimum, the following elements: (A) The manner of providing tax-supported municipal services to the lands proposed to be annexed; (B) The changes in taxation and other costs, using examples, which would result if the subject lands were to be annexed; (C) The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed; (D) A brief analysis of the potential effects of annexation upon other units of local government which currently provide tax-supported or fee-supported services to the lands proposed to be annexed; and (E) The proposed future land use plan and zoning designation or designations, subject to public hearing, for the lands proposed to be annexed. The City prepared an annexation plan as required under State Statute that provides information to property owners, current and potentially future residents of the City of Meridian, and other interested parties about anticipated changes in taxes, fees, zoning, and services should the subject properties be annexed into the City (see project application for specific details of the Annexation Plan). Utility Extension: The main purpose of the annexation is to assist the Meridian Heights and Sewer District in the logical extension of City utilities due to a public safety concerns with the existing private systems. There is an executed three-party agreement that outlines the roles, responsibilities and timing of utility extension in this area. The annexation of the Meridian Heights and Kentucky Ridge subdivisions will require design and installation of a 12" water main and a sewer main to connect the two subdivisions to the City of Meridian's water and sewer systems. The remaining properties being annexed (Hansen, Tewalt, Centers and the Meridian Heights Water & Sewer District properties) are undeveloped or underdeveloped. As such, no extension of water or sewer services will be made to these properties at this time. Rather, any Victory South - AZ-13-014 PAGE 7 EXHIBIT A future development of these properties will require the extension and connection to the City's water distribution and sewer collection systems by the property owner at the time of development, as is required in other property development cases citywide. However, if a well and/or septic system on an underdeveloped property fails, prior to further development, and the property is within 300 feet of the City's water and/or sewer system, the residence will be required to connect to the City's system(s). The financial and performance responsibilities of connecting the Meridian Heights and Kentucky Ridge subdivisions to the City of Meridian's sewer and water distribution systems will be borne by a developer, whose property will also be annexed under this proposal (Centers). Upon the physical connection of the existing homes in the subdivisions to the City's water system, full water hook-up fees of $1794 and full sewer hook-up fees in the amount of $2749, will be paid to the City of Meridian by the Meridian Heights Water & Sewer District. Any new home constructed in this area will be required to pay their individual hook-up fees at the time of building permit. The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the City's water and sewer systems will necessitate the decommissioning and reclamation of two sewer lagoons which are owned and operated by the Meridian Heights Water & Sewer District. If the existing homes in Meridian Heights and Kentucky Ridge subdivisions are connected to the City of Meridian's water and sewer collection systems, the property owners will be required to pay their monthly water and sewer service fees which include a base fee and a usage fee. Properties within the Meridian Heights Water & Sewer District that receive both sewer and water service currently pay $70 per month for those services. If the annexation is approved, the City of Meridian will collect fees for water, sewer, and trash in this area. The current base fee for water is $1.86 per 1,000 gallons plus a $5.38 monthly administration fee. The current base fee for sewer is $5.43 per 1,000 gallons plus an $8.48 per month administration fee. These fees adequately cover the Operation and Maintenance costs for providing the services. As such, annexation of the area will have little financial impact on the City's Water and Sewer Enterprise Fund Operation and Maintenance Budget. Non-conforming Uses: As mentioned previously in this report, a portion of the property proposed for annexation contains two (2) residential subdivisions approved under the County's ordinances. There are likely uses and structures within the proposed annexation area that do not comply with current Meridian code. Code enforcement officers have patrolled the proposed developments and noted over 75 properties with code violations. The primary City violations noted on the properties consisted of the following: 1) Accessory structures (e.g. -sheds) in the front and or side setbacks; 2) Inoperable and/or unregistered vehicles; 3) Recreational vehicles parked on driveways and; 4) Fencing in disrepair. Any existing structure or activity that is being conducted on properties within the proposed annexation area that is legal under Ada County code will be "grandfathered", if not outright allowed, under City code as an existing non-conforming use or non-conforming structure provided there is not alife/safety hazard. Upon annexation, all existing non-conforming uses and/or structures will need to be documented to form a baseline on what violations are grandfathered so code enforcement can address any new violations that may come up in the future. Victory South - AZ-13-014 PAGE 8 EXHIBIT A Post annexation all proposed building additions, expansions, subdivision and the establishment of new uses will require application to the City's Community Development Department. Miscellaneous: Prior to submitting the application, the City obtained consent from several property owners subject to this annexation: Hansen, Tewalt, Centers and Meridian Heights Water & Sewer District (MHWSD). One of the provisions contained in all Declaration of Consent to Annexation documents is a provision that the property may not be developed (or receive development approval) until such time as the property owners and the City execute a Development Agreement. The Ordinance of Annexation and Zoning shall contain a provision prohibiting any development approvals on the Hansen, Tewalt and Centers properties until such time as the property owner(s) and the City execute a Development Agreement. The MHWSD, Centers and Tewalt properties are proposed for R-8 zoning; the Centers properties are proposed for R-4 zoning. No development of the properties subject to this annexation is currently proposed. A Development Agreement will be part of any future proposed development application. In summary, Staff recommends approval of the proposed annexation request in accord with the findings contained in Exhibits D and E. X. EXHIBITS A. Maps 1. Vicinity Maps 2. Future Land Use Map B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps for Annexation D. Required Findings from Unified Development Code E. Required Findings from Idaho Code Victory South - AZ-13-014 PAGE 9 EXHIBIT A A. Drawings 1. Vicinity Maps Victory South - AL-13-014 PAGC 8 EXHIBIT A 2. Future Land Use Map ,~ v r. ~~ ( { C I I __ ,. ~r c. I E ~'~ r i _~ Victory South - A7-13-014 PAGI; 9 EXHIBIT A B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation -Comments l .l .l The Ordinance of Annexation and Zoning shall contain a provision prohibiting any development approvals on the Hansen, Tewalt, Meridian Heights Water and Sewer District and Centers properties until such time as the property owner(s) and the City execute a Development Agreement. With the development of the Hansen property (R-81. the developer shall provide either a landscape buffer platted as a common lot or plat at a minimum ] 0.000 square foot residential lots abutting the Kentucky Ride Estates Subdivision. 1.1.2 Any development of land containing the 75-foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. l .13 Any future development of the site must comply with the City of Meridian ordinances in effect at the time. 1.1.4 Any future development shall comply with all bulk, use, and development standards of the R-4 and R-8 zoning district listed in UDC Table 1 1-2A-5 and UDC Table 11-2A-6 l .l .5 Upon annexation all properties will be subject to all current City of Meridian ordinances. 2. PUBLIC WORKS DEPARTMENT 2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-83). The city requires that any existing surface or well water source shall be used for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. 2.5 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, unless they are expressly allowed to remain temporarily under the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release. Contact the City of Meridian Engineering Department at (208)898-5500 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 Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8, Lmless they are expressly allowed to remain temporarily under the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release. Contact Central District Health for abandonment procedures and inspections (208)375-521 1. 2.9 All parties to the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release shall be responsible for adherence to the terms and conditions thereof. 3. POLICE DEPARTMENT 3.1 As unincorporated land within Ada County, the owners of the property within the proposed annexation area are currently served by the Ada County Sheriff's Department. If the proposed annexation is approved the Meridian Police Department (M PD) will serve this area. Victory South A7.-13-014 PAGE 10 EXHIBIT A Meridian Police Department services will extend to the proposed annexation area but not without adjustment to current staffing requirements, some immediately. In 2008, when discussions first started about annexing property in this area, code enforcement officers were asked to document the code violations of Meridia-~ City ordinances. Officers found 75 properties with violations. In 2012, officers were asked to reevaluate the area. Very few compliance changes were seen. If a decision is made to annex this property and to "grandfather" all existing violations in the area as non-conforming uses and/or structures, MPD will need to have the entire team of five code officers including their supervisors, document each property parcel in this annexation to form a baseline on what violations are grandfathered, so MPD can protect existing homeowners and address any new violations that -nay come up in the future. This work will take time and will need to start upon annexation. Code officers will continue to work in the communities as needed. As MPD looks at patrol officer staffing levels, this annexation will trigger a need for more patrol officers sooner than later. This is an established group of subdivisions with a researchable history of calls for service that have been handled thru the Ada County Sheriff's Office. An annexation of this size would include 305 homes with 805 estimated new Meridian residents (305 X 2.63). The Meridian Police Department assigns its staff and resources according to a system of two different geographical areas coupled with crime analysis data. MPD can anticipate additional call load and calculate the demands that will be placed on current police resources. To ensure adequate resources, the Police Department may be required to submit a budget enhancement for the fiscal budget year 2015. h~ addition to police responses to calls for service through the E911 and non-emergency dispatch system, many other police services will be extended to the communities' -•esidents. Existing patrol officers and specialized patrol traffic teams will help to reduce vehicle accidents and enhance safety. MPD is also able to provide crime prevention resources, school resource officers, crime analysis data and assistance, victim witness coordination, anti-drug education resources, a Criminal Investigation Division to examine any crimes that may take place, and Code Enforcement services to help resolve problems and enhance the quality of life as it relates to peace and safety of the community. As our population continues to grow, we will need to increase these resources for residents. 4. P'IRH; DH:PAa'rn~-~.v'r 4.1 The lands proposed to be annexed are currently served by the Meridian Fire Department tinder a Joint Powers Agreement with the Meridian Rural Fire Protection District. Fire Station ],located at 540 E. Fra-lklin Road, currently serves this area. In 2015, Fire Station 6, located near the Ten Mile/Overland intersection, is expected to be built. In addition, the area of Meridian Road south of I-84 between Victory Road and Lake Hazel Road is currently in the Fire Department long term master planning for a future fire station location to better serve this area. Annexation of the proposed lands would reduce the tax revenues collected by the Rural Fire District, which would be offset by a formulaic reduction in the amount the District pays to the City to provide fire services. Coordination with Public Works will occur to ensure any changes or additions to water delivery systems support adequate fire flow. Emergency Medical Services (EMS) will continue to be provided by the Meridian Fire Department and Ada County Paramedics; no change is proposed to this service. 5. RHa~u-3t.-c SGRVICGS Victory South AZ-13-014 PAGE 11 EXHIBIT A 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMF,NT 6.1 Parks and recreation services are currently provided in this area by the Ada County Department of Parks and Waterways. All existing City parks and pathways are available for use by the residents of the area to be annexed. Recreation programs, such as adult sports, are available to City residents at a disco~mt compared to County residents. The City currently has a 19-acre Community Park, Bear Creek Park, located approximately '/z mile north of the area to be annexed. The City also has two public Neighborhood Parks in South Meridian, namely Gordon Harris Park (11 acres, located near Mountain View High School) and Renaissance Park (6.5 acres, located in Tuscany Subdivision). There is a Park System Master Plan that identifies future park needs and sites for all of the area of impact; that plan will be updated in 2014. The City's Future Land Use Map shows a future park just south of the properties proposed for am~e~ation, northwest of the Amity/Meridian intersection. The City currently owns a 77-acre site for a future major park in South Meridian, Y4 mile east of Locust Grove Road on Lake Hazel Road. No new City parks will need to be planned as a result of the proposed annexation. 7. ADA COUNT}' HIGIi~~'Al' DIS"1'R1CT Comments have not yel bee~i received fi•onz ACHD on this application. 8. COMMUNITY PLANNING ASSOCIATIO\ OF SOU'f llwES"I' ID.n110 S.l The 2035 Planning Functional Classification Map indicates State Highway 69 (Meridian Road) as a principal arterial, Victory Road and Linder Road as minor arterials. There are no projects identified in the FY2014-2018 Regional Transportation Improvement Program (TIP) within the study area. The proposed annexation location is not within a quarter mile of existing transit stops or transit routes. The closest bus stop is approximately 1.5 miles north at the Axiom Gym park and ride facility. This facility is utilized by carpoolers, and serves several Commuteride vanpools as well as Valley Regional Transit's intercity Route 40. The proposed annexation is in the Meridian School District boundary, and is within the Mary McPherson Elementary enrollment area. 9..TOINT ScuooL DIS"I`RIC'1' #2 Comrnenls have not heen received. Victory South AZ-13-014 PAGE 12 EXHIBIT A C. Legal Descriptions and Exhibit Maps for Annexation September 27, 2013 Description fyr R-4 Zone Meridian Ci~jrAnnexation Portion of Section Z5, Township 3 N., Range I W., B.M. A parcel of land located in tho NE '/< and the W % of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ade County, Idaho, and more particularly described as follows: COMMENCING at a 5!8" iron pin monument marking the northwest corner of said Section 25, from which a 5/B" iron pin monument marking the NW '/, corner of said section bears South 89°42'27" East, 2640.22 feet; thence along the west boundary of the NW '/. of the NW '/. of said Section 25 South 00°15'21" West, 1325.72 feet to the SW corner of said NW Y. of the NW 1/4, the POINT OF BEGINNING; Thence along the south boundary of said NW '/. of the NW '/ South 89°45'13" East, 1321.85 feet to the SE corner of said NW Y. of the NW Y<, said point being the southwesterly corner of Kentucky Ridge Estates Subdivision, as filed for record in Book 70 of Plats at Page 7191, records of Ada County, Idaho; Thence along the southerly boundary of said Kentucky Ridge Estates Subdivision, the southerly boundary of Kentucky Ridge Estates Subdivision No. 2, as filed for record in Book 72 of Plats at Page 7389, records of Ada County, Idaho, and the south boundary of the NE Y. of the NW Y. of said Section 25 South 89°45'13" East, 835.02 feet to the southeast corner of Lol 3, Block 3 of said Kentucky Ridge Subdivision; Thence along the easterly boundary of said Lot 3: Thence North 00°05'51" East, 528.85 feet; Thence North 10°25'21" East, 339.91 feet Thence North 61°14'19" East, 33.74 feet to a point on the westerly right-of-way of S. Kentucky Way; Thence continuing along said easterly boundary, and along said right-of-way: Thence North 57°37'50" Wesl, 65.36 feet to a point of curvature; Thence 259.99 teat along the arc of a curve to the right, said curve having a radius of 258.00 feet, a delta angle of 57°44'15", and a long chord bearing North 28°45'42" West, 249.13 feet to a point of tangency; Thence North 00°06'25" East, 141.72 feet; Thence leaving said boundary and right-of-way, and continuing North 00°06'25" East, 49.94 feet to a point on the north boundary of the NW '/° of said Section 25; 120503-R-4.docs Victory South AZ-13-014 PAGE ] 3 EXHIBIT A Thence along said north boundary South 89°42'27' East, 572.00 feet to the N '/+ corner of said Section 25, said point being the northeasterly comer of said Kentucky Ridge Subdivision; Thence along the easterly boundary of said Kentucky Ridge Subdivision; Thence South 00°05'51" West, 505.26 feet; Thence North 61°14'19° East, 24.12 feet; Thence North 84°23'51" East, 128.00 feet; Thence South 88°28'51" East, 183.15 Feet; Thence South 78°46'31" East, 375.27 feet; Thence South 07°03'15" East, 773.94 feet to the southeasterly corner of said Kentucky Ridge Subdivision, said point being on the south boundary of the NW % of the NE '/+ of said Section 25; Thence leaving said subdivision boundary, and along said south boundary South 89°44'41" East, 523.97 feet to the SE corner of said NW 'J of the NE'/., said point being on the extension of the westerly boundary of Meridian Heights Subdivision No. 3, as filed for record in Book 62 of Plats at Page 6274, records of Ada County, Idaho; Thence along said westerly boundary and extension thereof, and the west boundary of the SW '/. of the NE % of said Section 25 South 00°04'50" West, 1323.11 feet to the southwesterly corner of said Meridian Heights Subdivision No. 3, said point also being the SE corner of said SW '/. of the NE '/.; Thence leaving said westerly twundary and along the south boundary of said SW Y.~ of the NE '/ North 89°44'53" West, 1320.21 feet to the Center'/, corner of said Section 25, said point being the NE corner of Parcel B as shown on Record of Survey No. 5104, records of Ada County, Idaho; Thence along the southerly and westerly boundary of said Parcel B: Thence South 00°05'29" Wesl (formerly South 00°09'52" East), 1324.03 feet to the SE corner of said Parcel B; Thence North 89°51'36" West (formerly South 89°53'03° West), 1829.22 feet to the southwesterly corner of said Parcel B; Thence Norlh 41°46'40" West (formerly North 42°02'00" West), 913.60 feet; Thence North 44°06'40" West (formerly North 44°22'00" West), 45.00 feet; Thence North 59°37'40" West (formerly North 59°53'00" West), 42.00 feet; Thence North 70°50'40" West (formerly North 71°06'00" West), 50.00 feet; 120503-R-4.docz Victory South A7.-13-014 PAGF. 14 EXHIBIT A Thence North 83°13'05" West (formerly North 83°28'25" Wesl}, 95.25 feet to a point on the west boundary of the SW '/. of said Section 25; Thence along said west boundary North 00°09'31" East (formerly Norlh 00°05'50" West}, 565.72 feet to the W'/, corner of said Section 25, the NW corner of said Parcel B; Thence leaving the boundary of said Parcel B and along the west boundary of the NW Y. of said Section 25 North 00°15'21" East, 1325.90 feet to the POINT OF BEGINNING. Said parcel containing 221.94 acres, more or less. Thls description was prepared from data of record and does not represent a field survey of the subject property. yy\ONpI LANoS,A 157E L c ~ ti 11118 A ~`113~lr3 s </yy r~ O f ,O ~~`V2 T pN W H~ 120503-R-4.docx Victory South AZ-13-014 PAGI? 15 EXHIBIT A ~~ 1 ~~ 1 uvE (lo LII l12 U3 LII US L16 L17 __ ~. _~. J j- 1~ _ J. ~ U '. ~': ~;~I --x II-- . W / I 1/\ c~2T~F 0v s°'~5~. r~t oM W. NP 11NF TART F BEARING 015TANCE LNE GEARING OISIANCE N 11'06Y0' W 15.00' ll8 N 00'06'25" F 141.72• ___. ___.W. AMITY.R_D, _ ~ (.... ._ _._ N 59'3T40~ W 12.00' l19 N 00'06'25' E 19.91' - - `---- ~-- ~-- - ~ ~ -~~~ --- N 70'50'40' W 50.00' L20 5 00'05'51' W 505.26' N 8J't3'OS' W 95.25' t2t N 61'14'19' E 21.12' ~ N 00'05'51' E 528.85' L22 N 84'23'51' E 128.00' ` ' N 10'25'11' E 3J9.91' l23 S 8tl'18'SI' E 18J 15' CURVE TABLE N 61'14'19" E J3.It' l24 5 7B'16'JI' E 3)5.27 CURVF Lf.NG1H RAD815 CELiA CHORD GRG CHORD N 5]3)50' w 6536' CI 259.99 258.00 5744'15' N 28'45'42 w 249.13 scALF 1'-loco' PROPOSED MERIDIAN CITY ANNEXATION DW'GDA.TE 09/27/13 R-4 ZONE ENGINEERING FROJ ND. 120503 CENTERS/MERIDIAN HEIGHTS SQ( (/TIONS SHEET , 1 OF i __ _ _ LOCATED IN SECTION 2S T.3N., R.IW„ B.M. 1029 N ROSnRlO 5T, StE 100 MERIDUN, IDAHO 83642 '7it.`,0.}-AAx OA'G bkb MERIDIAN, ADA COUNTY, IDAHO vhore (705) 9J8-0980 !o. (208) 918-09~r Victory South A7.-13-014 PAGE 16 EXHIBIT A September 27, 2013 Description for R-8 Zone Meridian City Annexation Portion of Section 25, Township 3 N., Range 1 W., B.M. A parcel of land located in the NE '/< and the W % of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING al a 5/8" iron pin monument marking the N '/, corner of said Section 25, from which a 5/8" iron pin monument marking the northwest corner of said section bears North 89°42'27" West, 2640.22 feet, said point being the northeasterly corner of Kentucky Ridge Estates Subdivision, as filed for record in Book 70 of Plats at Page 7191, records of Ada County, Idaho, and being on the existing Meridian City Limits boundary (Meridian City Ordinance #878); Thence along the north boundary of the NE Y< of said Section 25 and the existing City Limits boundary South 89°43'11" East, 1145.51 feet; Thence leaving the existing Gity Limits boundary and continuing along said north boundary South 89°43'11" East, 173.58 feet fo the northwesterly corner of Parcel A as described in Instrument No. 110048361, records of Ada County, Idaho; Thence along the westerly boundary of said Parcel A: Thence South 00°08'19" West, 385.55 feet; Thence South 89°46'31" East, 198.19 feet; Thence South 75°27'20" East, 41.41 feet io the northwesterly corner of Meridian Heights Subdivision No. 2, as filed for record in Book 41 of Plats at Page 3353, records of Ada County, Idaho; Thence leaving said westerly boundary, and along the northerly and easterly boundary of said Meridian Heights Subdivision No. 2: Thence continuing South 75°27'20" East, 170.40 feet; Thence South 63°54'20" East, 247.28 feet; Thence South 59°04'20" East, 210,37 feet; Thence South 60°32'50" East, 562.21 feet; Thence South 89°43'11" East, 25.00 feet to a point on the east boundary of the NE'/, of said Section 25 and the existing Cify Limits boundary (Meridian City Ordinance No. 06-1259); Thence along said east boundary and existing City Llrnlts boundary South 00°03'40" West, 803.14 feet; 120503-R-8.docx Victory South Al-13-014 PAGE 17 EXHIBIT A Thence leaving said existing City Limits boundary and continuing along said east boundary South 00°03'40° West, 135.28 feet to a point on the existing City Limits boundary (Meridian City Ordinance No. 06-1259); Thence along said east boundary and existing City Limits boundary South 00°03'40" West, 442.98 feel to the northeasterly corner of Meridian Heights Subdivision No. 1, as filed for record in Book 27 of Plats at Page 1692, records of Ada County, Idaho; Thence along the easterly and southerly boundary of said Meridian Heights Subdivision No. 1 Thence continuing along the east boundary of the NE Y, of sa(d Section 25 and the existing Ciiy Limits boundary South 00°03'40" West, 335.09 feet to the SE corner of said NE '/+; Thence leaving the existing City Limits boundary and along the south boundary of said NE '/. North 89°51'21" West, 830.70 feet to the southwesterly corner of said Meridian Heights Subdivision No. 1, said point also being the southeasterly corner of Meridian Heights Subdivision No. 3, as filed for record in Book 62 of Plats at Page 6274, records of Ada County, Idaho; Thence continuing North 89°51'21" West along the southerly boundary of said Meridian Heights Subdivision No. 3, 489.92 feet; Thence along the westerly boundary of said Meridian Heights Subdivision No. 3 and the extension thereof North 00°04'50" East, 1323.11 feet to the southeast corner of the NW '/, of the NE'/. of said Section 25; Thence leaving said westerly boundary, and along the southerly boundary of said NW '/+ of the NE '/< North 89°44'41" West, 523.97 feet to the southeast corner of said Kentucky Ridge Estates Subdivision; Thence along the easterly boundary of said Kentucky Ridge Subdivision Thence North 07°03'15° West, 773.94 feet; Thence North 78°46'31` West, 375.27 feet; Thence North 88°28'51" West, 183.15 feet; Thence South 84°23'51" West, 128.00 feet; Thence South 61°14'19" West, 24.12 feet; Thence North 00°05'51" East, 505.26 feet to the POINT OF BEGINNING. Said parcel containing 88.14 acres, more or less. This description was prepared from data of record and does not represent a field survey of the subject property. l 20503-R-8.docx Victory South A7,-13-014 PAGE 18 EXHIBIT A Victory South AZ-13-014 PAGE 19 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation 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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division is proposing to annex approximately 310.08 acres to the R-4 and R-8 zoning districts. The Council finds that the proposed map amendment is generally consistent with the Low Density Residential and Medium Density Residential Future Land Use Map designation for these properties. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). 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 and R-8 zoning districts is consistent with the purpose statements for residential districts as detailed in Section VIII 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. The Council considered all oral and written testimony provided when determining this fi-lding. 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 ll-5B-3.E). The Council finds annexing these properties with the R-4 and R-8 zoning districts is in the best interest of the City. Victory South A7,-13-014 PAGE 20 EXHIBIT A E. Required Findings from Idaho Code 1. I.C. 50-222.S.b.vi After considering the written and oral comments of property owners whose land would be annexed and other affected persons, the city council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance, the city must make express findings, to be set forth in the minutes of the city council meeting at which the annexation is approved, as follows: (A) The land to be annexed meets the applicable requirements of this section and does not fall within the exceptions or conditional exceptions contained in this section; The Council finds the proposed annexation meets the requirements of Idaho Code § 50-222 and does not fall within the exceptions or conditional exceptions contained in that section. (B) The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the city; The Cotmcil finds the annexation is consistent with the public purposes stated in the annexation plan. (C) The annexation is reasonably necessary for the orderly development of the city. The Council finds the subject annexation is necessary for the orderly development of the City. Victory South A7-13-014 PAGE 21