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CC - Commission Recommendations to Council and Staff Report Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0098 840 E. Ustick Rd. LOCATION: 840 E. Ustick Rd., in the SW ¼ of Section 31, Township 4N., Range 1E I. PROJECT DESCRIPTION Annexation of 2.29 acres of land with an R-4 (Medium Low-Density) zoning district request. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 2.29 including right-of-way; 2.09, exclusive of right-of-way Future Land Use Designation Low Density Residential (LDR: 3 or fewer units/acre) Existing Land Use Rural residential/agricultural (one single-family home) Proposed Land Use(s) No change (continue existing use) Current Zoning RUT in Ada County Proposed Zoning R-4 Lots (# and type; bldg/common) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) None known Neighborhood meeting date; # of attendees: 8/20/19; 4 attendees History (previous approvals) None Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Existing residential driveway to E. Ustick Rd. (arterial street); no change proposed Stub Street/Interconnectivity/Cross Access None existing Existing Road Network Ustick Road is built to its ultimate configuration: 5-travel lanes, bike lanes, curb, gutter and sidewalk. Existing Arterial Sidewalks / Buffers There is sidewalk but no street buffer along E. Ustick Rd. Wastewater  Distance to Sewer Services 0  Sewer Shed Five Mile Trunkshed  Estimated Project Sewer ERU’s See application info.  WRRF Declining Balance 13.75  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0  Pressure Zone Three  Estimated Project Water ERU’s See application info.  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts/Concerns None Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Representative: Scott Lamm, Silver Maple Farms, LLC – 1217 E. Lone Creek Dr., ID 83616 B. Owner: Same as Applicant C. Contact: Same as Applicant Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 4 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 10/18/2019 11/12/2019 Radius notification mailed to properties within 300 feet 10/15/2019 11/12/2019 Public hearing notice sign posted 10/24/2019 11/18/2019 Nextdoor posting 10/15/2019 11/12/2019 V. STAFF ANALYSIS The land proposed to be annexed is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Low Density Residential (LDR). 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 3 dwelling units or less per acre. No development is proposed at this time; the existing single-family home on the property is proposed to remain. Annexation of the property into the City is requested due to the failure of the existing septic system and the need for connection to the City sanitary sewer system. The Applicant recently entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property (Inst. #2019-088366). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City. The Applicant requests an R-4 (Medium Low-Density Residential) zoning district for the subject property. The R-4 zoning district is consistent with the LDR designation for this site but could allow development to occur above 3 dwelling units per acre. Density is essentially dictated by the dimensional standards of the district (i.e. the minimum property size, resulting in how many lots can be developed on a property). The R-4 district requires a minimum property size of 8,000 square feet (s.f.). Because no development is proposed at this time, Staff recommends an R-2 (Low Density Residential) zoning district instead, which requires a minimum property size of 12,000 s.f., to ensure if/when the property redevelops in the future it’s consistent with the density envisioned for this area. With future redevelopment of the property, access via W. Ustick Rd. and access and interconnectivity with adjacent properties will be evaluated in accord with the provisions listed in UDC 11-3A-3; a detached sidewalk along Ustick Rd. may be required as set forth in UDC 11-3A- 17C; and a street buffer will be required along Ustick Rd. as set forth in UDC Table 11-2A-4 with landscaping per the standards listed in UDC 11-3B-7C. A legal description for the annexation area is included in Section VII.A. The City may require a Development Agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. Because no development is proposed at this time, Staff does not believe a DA is necessary if the property is zoned R-2 as recommended by Staff. However, if Commission/Council determines the requested R-4 zoning is appropriate, Staff recommends a DA is required to ensure future density is consistent with the LDR FLUM designation. In this case, the project should be continued to a subsequent hearing date to allow for Staff to prepare recommended DA provisions. Note: Page 5 Staff discussed the R-2 zoning with the Applicant and the Applicant had no objection to the recommended zoning if a DA isn’t required. VI. DECISION A. Staff: Staff recommends approval of the Applicant’s request for annexation & zoning but instead of the requested R-4 zoning, Staff recommends an R-2 zoning district consistent with the LDR FLUM designation per the Findings in Section IX. If Commission/Council determines the requested R-4 zoning is appropriate, Staff recommends a DA is required to ensure future density is consistent with the LDR FLUM designation. In this case, the project should be continued to a subsequent hearing date to allow for Staff to prepare recommended DA provisions. B. The Meridian Planning & Zoning Commission heard these items on November 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ request with an R-2 rather than an R-4 zoning district. 1. Summary of Commission public hearing: a. In favor: Scott Lamm, Applicant b. In opposition: None c. Commenting: None d. Written testimony: Scott Lamm, Applicant (in agreement w/Staff recommendation); Alyssa & John Villanueva e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. R-2 vs. R-4 zoning. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Page 6 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Page 7 Page 8 VIII. CITY/AGENCY COMMENTS A. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177307&dbid=0 B. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177882&dbid=0 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds annexation of the subject site with an R-2 zoning designation is consistent with the Comprehensive Plan LDR FLUM designation for this property (see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that a map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1 in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. 4. 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. 5. The annexation (as applicable) is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City.