Loading...
CC - Staff ReportSTAFF REPORT HEARING DATE: April 3, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Lasken Annexation – H-2017-0154 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Thomas Lasken, has submitted an application for annexation and zoning (AZ) of 0.99 of an acre of land with an R-2 (Low Density Residential) zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with an R-2 zoning district, 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 March 1, 2018. At the public hearing, the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Tom Lasken ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Public outreach to the other Ada County parcels in the area the ability to have City services stubbed to their property. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0154 as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications.) Lasken Annexation H-2017-0154 PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0154 as presented in the staff report for the hearing date of April 3, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0154 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 subject property is located at 721 E. Pine Avenue, in the NE ¼ of Section 7, Township 3 North, Range 1 East. B. Owner/Applicant(s): Thomas H. Lasken 721 E. Pine Ave. Meridian, ID 83642 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. 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: February 9, 2018 (Commission); March 16, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: February 2, 2018 (Commission); March 12, 2018 (Council) D. Applicant posted notice on site by: February 18, 2018 (Commission); March 23, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is a single-family residential home and associated outbuildings on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Pine Avenue and single-family homes in the Danbury Fair Subdivision zoned R-8. 2. East: Single-family residential property, zoned RUT in Ada County 3. South: Single-family residential property, zoned RUT in Ada County 4. West: Single-family residential property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: Lasken Annexation H-2017-0154 PAGE 2 1. Public Works: a. Location of sewer: The city owns and maintains a sanitary sewer main along the south boundary of the subject parcel. With the reconstruction of E. Pine Avenue, a new sewer main is being installed across the frontage of the subject parcel. b. Location of water: The city owns and maintains a 10-inch diameter water main along the north boundary of the subject parcel in E. Pine Avenue, and the existing home is currently being served. With the reconstruction of E. Pine Avenue, a new 12-inch diameter water main is being installed across the frontage of the subject parcel. c. Issues or concerns: Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. E. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below (Figure 3-3 in the Comprehensive Plan, pg. 27). This site is not proposed to redevelop in the foreseeable future; the use is intended to remain residential. Because the subject property is too small (.99 acres in size) to develop as a true mixed use project, staff recommends an R-2 zoning designation in the interim because the property is anticipated to be used in its current form for a number of years. When the property develops in the future, staff anticipates that this property will be consolidated into Lasken Annexation H-2017-0154 PAGE 3 a larger project that will provide for the uses required to have a true mixed use project, and then the project will meet all of the requirements of a mixed use project. R-2 seems to be the most appropriate zoning designation for the property as it currently exists. At this time, the sole reason for annexation is that the property owner would like to utilize city services since Pine Avenue. Pine Avenue is currently being widened and the applicant would like to utilize this expansion to add a utility connection to his property. At such time as a change in use and/or redevelopment is proposed, the applicant should rezone the property to a commercial or high density residential zoning district to be consistent with the FLUM. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • “Require that development projects have planned for the provision of all public services.” (6.02.01B) 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 subject property in the following manner:  Sanitary sewer and water service is available to the property.  The lands are capable of being serviced by the Meridian Fire Department (MFD).  The lands are capable of being 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 (ACHD). This service will not change.  The subject lands are currently serviced by the Meridian School District #2. This service will not change.  The subject lands are currently serviced by the Meridian Library District. This service will not change. 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. • “Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) The property owner has requested annexation of the subject property into the City. The site is contiguous with City limits and City services will be provided to the property once it is annexed which will allow for the efficient provision of City services. • “Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J) The continued residential use of this property is compatible with the residential nature of the neighborhood. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access for this property is provided via E. Pine Avenue. This access will remain as part of this application. With future redevelopment of the property, the direct access to E. Pine Avenue may be restricted. Lasken Annexation H-2017-0154 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The existing use of the property for single-family detached dwellings is a principally permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): The Comprehensive Plan Future Land Use Map designation for the property is Mixed-Use Community. The applicant requests annexation to hook-up the existing home and outbuildings to City water and sewer service. This site is comprised of 0.99 of an acre of land zoned RUT in Ada County. The applicant proposes to annex the property with an R-2 zoning district. Staff anticipates this property to be developed as a larger mixed use project but feels that the zoning given to the property should match existing conditions. In order to develop further, this property will need to be rezoned. The applicant is requesting annexation because it is an opportune time to acquire sewer service for the property since Pine Avenue will be reconstructed. Staff recommends the property is zoned R-2 consistent with the existing and continued residential use of the property. When a change in use or redevelopment of the site occurs, the applicant should rezone the property to a commercial or high density district consistent with the FLUM at that time. The City has the ability to require a development agreement but in this case we are not. This parcel is part of a larger mixed used area, the parcel is small and other properties need to be consolidated to develop a well-integrated mixed-use development in the area. City water & sewer service: Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. Access: The site currently takes access from E. Pine Avenue; however, upon redevelopment or a change in use of the site, access via Pine shall be prohibited in accord with UDC 11-3A-3A, unless otherwise waived by City Council and approved by ACHD. Staff recommends approval of the proposed AZ application with an R-2 zoning in accord with the comments and conditions listed in Exhibit B. Lasken Annexation H-2017-0154 PAGE 5 X. EXHIBITS A. Drawings 1. Vicinity Map B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Lasken Annexation H-2017-0154 PAGE 6 Exhibit A.1: Vicinity Map Lasken Annexation H-2017-0154 PAGE 7 Exhibit B: Agency Comments On February 8, 2018, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Republic Services. Staff has included all comments and recommended actions below. 1. PLANNING DIVISION 1.1 The existing house shall hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-1-4A. 1.2 With redevelopment of this property, access to this property shall be in accord with UDC 11-3A- 3. 2. PUBLIC WORKS DEPARTMENT 2.1 The city owns and maintains a sanitary sewer main along the south boundary of the subject parcel. With the reconstruction of E. Pine Avenue, a new sewer main is being installed across the frontage of the subject parcel. 2.2 The city owns and maintains a 10-inch diameter water main along the north boundary of the subject parcel in E. Pine Avenue, and the existing home is currently being served. With the reconstruction of E. Pine Avenue, a new 12-inch diameter water main is being installed across the frontage of the subject parcel 2.3 Applicant shall be required to connect to the new sanitary sewer mainline in E. Pine Avenue when it becomes available. 2.4 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 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. 2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.6 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.7 Any and all grading of the site shall be performed in conformance with MCC 11-12-3H. 2.8 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department recommends that direct access to S. Locust Grove Road is prohibited. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. Lasken Annexation H-2017-0154 PAGE 8 6. PARKS DEPARTMENT 6.1 There are no pathways designated for this site. Therefore, the Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 There is no impact fee due for this application and an ACHD inspection is not required. Lasken Annexation H-2017-0154 PAGE 9 Exhibit C: Annexation Legal Description & Exhibit Map Lasken Annexation H-2017-0154 PAGE 10 Lasken Annexation H-2017-0154 PAGE 11 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 Commission finds that the proposed map amendment to R-2 is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-2 zoning district is generally consistent with the purpose statement of the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 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 Commission 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 11-5B-3.E). The Commission finds annexing this property with an R-2 zoning district is in the best interest of the City as the property will be able to utilize available City services and it will reduce the enclave areas in this area of the City. Lasken Annexation H-2017-0154 PAGE 12