HomeMy WebLinkAboutACHD Locust Grove Road Pond.AZSTAFF REPORT Hearing Date: 12/7/06
TO: Planning & Zoning Commission
FROM: C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208-884-5533
SUBJECT: ACHD Locust Grove Road Pond Annexation
AZ-06-053
Annexation and Zoning of 2.0 acres from RUT (Ada County) to
L-O (Limited Office).
1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to L-O (Limited Office) for 2.0 acres of property currently zoned RUT in Ada County. The site is
located on the east side of Locust Grove Road, approximately 1/3 mile south of Fairview Avenue. This site is currently improved with one single-family residential building. The subject
request for annexation is based upon the fact that ACHD wants to use this entire property as a storm drain pond. This property is within the City’s Area of Impact and Urban Service
Planning Area.
2. SUMMARY RECOMMENDATION
Staff has provided detailed analysis and recommends that the subject application be approved. Staff is recommending approval of the proposed ACHD Locust Grove Road Pond Annexation (AZ-06-053)
as detailed in this report.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number AZ-06-053 as presented in the staff report for the hearing
date of December 7, 2006, with the following modifications: (Add any proposed modifications)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-06-053 as presented during the hearing on December 7, 2006:
(Please state specific reasons for denial of the annexation request)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-06-053 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 1280 N. Locust Grove Road / Section 8, Township 3 North, Range 1 East
b. Owner/Applicant:
Ada County Highway District
3775 N. Adams Street
Garden City, ID 83713
c. Representative: Doug Russell, The Land Group Inc.
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to L-O for 2.0 acres of property currently zoned RUT in Ada County. The applicant intends to construct
a storm drain pond on this site.
g. Applicant's Statement/Justification: Currently the property consists of uninhabited and dilapidated residential structures. After approval of this application, we intend to build
an ACHD drainage facility that will store all storm water from Locust Grove between Franklin and Fairview. The entire perimeter of the project will be fenced (see letter from Doug Russell,
dated September 21, 2006 for more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing
is required before the City Council on this matter.
b. Newspaper notifications published on: November 20 and December 4, 2006
c. Radius notices mailed to properties within 300 feet on: November 9, 2006
d. Applicant posted notice on site by: November 27, 2006
6. LAND USE
a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. The applicant intends to remove the existing structures.
b. Description of Character of Surrounding Area: Over the past several years, this area has transformed from rural to urban. There are still several underutilized properties on Locust
Grove Road near this site.
c. Adjacent Land Use and Zoning:
1. North: Residential, Large county parcel, zoned RUT
2. East: Residential, Large county parcel, zoned RUT
3. South: Single-family home on large parcel, zoned RUT (Ada County)
4. West: Residential and future commercial, Keziah Subdivision, zoned R-40 and C-C
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: No sewer adjacent to this site.
Location of water: Locust Grove Road.
Issues or concerns: None.
2. Vegetation: There are some existing trees on this site that should be protected or
mitigated for, when this property develops.
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: L-O (Limited Office)
7. Size of Property: 2.0 acres
f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. However, the applicant has submitted a landscape plan for
how the site will be developed as a storm drain pond. Staff believes that the applicant does not have any intention of further developing this property at anytime in the future; all
of the property will be used for drainage purposes.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is required adjacent to Locust Grove Road, an arterial roadway, when this property develops (UDC
11-2A-4). The applicant is proposing a 30-foot wide landscape buffer along Locust Grove Road.
2. Width of buffer(s) between land uses: N/A
3. Other: The City and ACHD have a master agreement regarding these storm drain ponds. As part of that agreement, at ACHD’s sole cost and expense, the Highway District shall construct
and install the Storm Water Drainage System and landscaping and landscape irrigation system in Meridian, Idaho, in accordance with designs, plans and specifications approved by the
City in advance and in writing, and in compliance with all applicable statutes, City approved design standards. The City shall maintain the landscaping and operate and maintain the
landscape irrigation system thereafter, at its sole cost and expense. The City shall, at its sole cost and expense, perform the following maintenance on the landscaping surrounding
ACHD’s Storm Water Drainage Facilities covered by this Master Agreement: Grass care, pruning trees and shrubs, clean-up of litter and debris and application for shrubs, trees and groundcover.
Staff is supportive of the landscaping proposed on the plan prepared by The Land Group, dated 9-25-06, Sheet L-1, as it appears to comply with the design standards of the master agreement.
h. Summary of Proposed Streets and/or Access: The applicant is proposing a loop maintenance road around the future drainage pond. This loop road is gated at both locations near Locust
Grove Road. Generally, Staff does not support direct lot access for developments along arterial streets. However, the future use of this site as a storm drain pond will generate very
few vehicle trips. Therefore, Staff is supportive of the design, as proposed. NOTE: A multi-use pathway along the Jackson Drain is shown on the Comprehensive Plan Future Land Use Map.
However, it has been determined that the path belongs on the north/east side of the Drain in this area, not the south/west.
7. COMMENTS MEETING
On November 17, 2006 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
Except for the Parks Department’s comments regarding the proposed landscaping, no other agency/department comments are included with this report. Prior to construction of the future
pond (or any other use) a certificate of zoning compliance should be submitted. At such time other departments like the Fire, Police, Building and Public Works Departments will have
the opportunity to review and comment.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Mixed Use - Community” on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part
as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use – Community designation
allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Staff
recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy):
Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1)
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 lands
proposed to be annexed in the following manner:
Sanitary sewer and water service will be extended to the project at the developer’s expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff’s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD).
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 and the Meridian Library District should suffer no revenue loss as a result of
the subject annexation.
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.
Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1)
Staff believes that the use of this site for a storm drain facility should be compatible with the other uses in this area.
Staff finds that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists minor public utilities as a Permitted Use in the L-O zone. Public Utility, Minor is defined as: The use of a site for minor public
utility infrastructure including, but not limited to: 1) pumping station for water, sewer, or gas; 2) electric sub-transmission line, electric distribution line; 3) water tank; and
4) storm drainage facility and storm detention facility that is not within a right-of-way.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
c. General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: As mentioned above, the subject property is proposed for annexation because ACHD intends to build a drainage pond on this site. The City requested that the subject
property be annexed, so it would not be a county enclave. There is no additional development planned for this property.
Based on the policies and goals contained in the Comprehensive Plan, and what is happening in this area, Staff believes that the requested L-O zone is appropriate for this property.
Please see Exhibit B for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on October 4, 2006 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
Special Considerations:
Development Agreement: UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that
may require some written commitment for all future uses. As mentioned above, the City and ACHD have a master agreement regarding these drainage facilities. Aside from amending the master
agreement with the City for this specific pond, ACHD should be required to file a CZC application prior to constructing the storm drain pond (as was required with the other storm drain
ponds recently built) so City Staff can verify that all landscaping will be completed per the submitted landscape plan. There are no additional requirements that Staff can think of
regarding annexing this property that are not currently
included in the master agreement. Therefore, Staff believes that a DA is not necessary in this instance.
All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect
at the time of development.
b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an L-O zoning designation. Staff further recommends that the City and ACHD amend Exhibit
A of the master agreement and license regarding ACHD storm drain ponds to include this site.
11. EXHIBITS
A. Legal Description
B. Required Findings from Unified Development Code
C. Vicinity Map and Landscape Plan
A. Legal Description
B. 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 and/or
rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The applicant is proposing to zone all of the subject property to L-O. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive
plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. Staff finds that future development of this property as a storm drain retention pond should comply with the established
regulations and purpose statement of the L-O zone.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on 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,
Staff 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.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Staff finds that the annexation and zoning of this property to L-O would be in the best interest of the City.
C. Vicinity Map and Landscape Plan