CC - Staff Report750 E Ustick Rd – AZ H-2018-0061 PAGE 1
STAFF REPORT
Hearing Date: August 28, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: 750 & 772 E. Ustick Road – AZ (H-2018-0061)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Zina Denny, has submitted an application for annexation and zoning (AZ) of 1.65
acres of land with an R-2 zoning district.
II. SUMMARY RECOMMENDATION
Commission recommends approval of the proposed AZ application with the requirement of a
development agreement in accord with the provisions in Exhibit B and the Findings of Fact and
Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 2, 2018. At the
public hearing, the Commission moved to recommend approval of the subject Annexation and
Zoning.
a. Summary of Commission Public Hearing:
i. In favor: Rick Row (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
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-2018-
0061, as presented in the staff report for the hearing date of August 28, 2018, with the following
modifications: (Add any proposed modifications).
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Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0061,
as presented during the hearing on August 28, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0061 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 site is located at 750 (Parcel #S0531438411) and 772 (Parcel #S0531438457) E. Ustick
Road, in the south ½ of Section 31, Township 4 North, Range 1 East
B. Owners:
Zina Ann Denny
750 E. Ustick Rd.
Meridian, ID 83646
C. Applicant:
Same as Owner
D. Representative:
Same as Owner
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation. A public hearing is required before the Planning &
Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 13, 2018 (Commission); August 10, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: July 6, 2018 (Commission); August 3,
2018 (Council)
D. Applicant posted notice on site(s) on: July 23, 2018 (Commission); August 18, 2018 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned R1 in Ada
County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned R1 in Ada County
2. East: Rural residential property, zoned RUT in Ada County
3. South: E. Ustick Road and single-family residential properties, zoned R-8
4. West: Rural residential property, zoned R1 in Ada County; and vacant/undeveloped land,
zoned R-4
C. History of Previous Actions: A Record of Survey (#9145) was recorded on March 6, 2012 for the
subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have
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any documentation of an approved split resulting in this configuration; therefore, this property is
deemed to be one parcel, eligible for one building permit.
D. Utilities:
1. Location of sewer: A sewer main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road.
2. Location of water: A water main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road
3. Issues or concerns: The applicant has previously entered into an Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits, and annexation is a
requirement contained in that agreement.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no significant waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low
Density Residential). The LDR designation allows for the development of single-family homes on
large lots where urban services are provided. Uses may include single-family homes at gross densities
of three dwelling units or less per acre.
The applicant is not proposing to redevelop the property at this time. The existing single-family
residential use of the property is consistent with the LDR designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (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 dimensional standards of the corresponding zone and
housing types that can be accommodated.
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. Single-family detached dwellings are
listed as a permitted use in the R-2 zoning district.
C. Dimensional Standards: Any development on the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Landscaping: Not applicable
E. Off-Street Parking: Not applicable
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning:
The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the
Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits,
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recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2,
consistent with the property’s FLUM designation of LDR.
The applicant’s well on the property ran dry earlier this year. The City agreed to extend City
water and sewer service to the property with the stipulation the applicant submit a request for
annexation into the City within 10 business days of approval of the Agreement. The property was
connected to City water and sewer service in May of this year. No new development is proposed
with this application.
Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not
comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as
such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC
11-1B-5, Nonconforming Structure.
Direct access to the subject property is provided from E. Ustick Road via a circle driveway across
both properties. If the property redevelops in the future, access is required to comply with
the standards listed in UDC 11-3A-3, Access to Streets.
As noted in the Section VI.C above, although the Record of Survey (#9145) depicts two parcels,
only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a
building permit. The property would need to be subdivided in order to be eligible for a building
permit on that property.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation
included in this report in Exhibit B, staff recommends a DA is required that contains the
provisions listed in Exhibit B as discussed above.
In summary, Staff recommends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Aerial View of the Property
3. Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits
B. Agency & Department Comments
C. Legal Description and Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity/Zoning Map
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Exhibit A.2: Aerial View of the Property
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Exhibit A.3: Agreement for Extension of Domestic Water and Sewer Service outside Meridian City
Limits
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS
1. PLANNING DIVISION
1.1 Annexation & Zoning Comments
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The property owner shall comply with the standards for nonconforming structures listed in
UDC 11-1B-5. The nonconformity of the structure is due to the structure not meeting the
minimum front setback requirement of UDC Table 11-2A-4 due to the widening of E. Ustick
Road and the additional right-of-way needed for the expansion.
b. Access to the property via E. Ustick Road is required to comply with the standards listed in
UDC 11-3A-3, Access to Streets, upon redevelopment of the property.
c. The property owner is required to comply with the terms of the Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits recorded as Instrument No.
2018-047087 attached in Exhibit A.3.
d. The property at 772 E. Ustick Rd. (Parcel #S0531438457) is not eligible for a building permit
unless a subdivision application creating a legal lot is approved by the City and a final plat is
recorded.
e. Any existing domestic well system within this property 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.
f. Any existing septic systems within this property 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. POLICE DEPARTMENT
2.1 The Police Department has no comments on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
4. ADA COUNTY HIGHWAY DISTRICT (ACHD)
No comments were submitted from Ada County Highway District on this application.
5. PARKS DEPARTMENT
5.1 The Park’s Department has no comments on this application.
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6. IDAHO TRANSPORTATION DEPARTMENT (ITD)
7. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
7.1 NMID has no comments on this application.
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C. Legal Description & Exhibit Map for Annexation Boundary
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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 Applicant is proposing to annex the subject 1.65 acre property with an R-2 zoning
district consistent with the LDR FLUM designation for this property. Commission finds that
the proposed map amendment and residential use complies with the provisions of the
Comprehensive Plan and should be compatible with the adjacent residential uses (see section
VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Commission finds that the proposed map amendment to the R-2 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Commission finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities have been extended to the property at the
expense of the applicant. 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,
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).
Commission finds annexing this property with an R-2 zoning district is in the best interest of
the City.