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Home My WebLink AboutACHD Locust Grove Road Pond AZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 STAFF REPORT TO: FROM: Hearing Date: 1/2/07 Mayor & City Council C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 I ~rldi~ '\ \, .A IDAHO :I :JI.IK.._ _ SUBJECT: ACHD Locust Grove Road Pond Annexation AZ-06-053 Annexation and Zoning of2.0 acres from RUT (Ada County) to DEe 2 8 2006 L-O (Limited Office). City Of Meri.dian City Clerk Office !,. RECEIVED 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. The Meridian Planoin!! and Zooin!! Commission heard this item on December 7. 2006. At the public hearin!!. they moved to recommend approval. a. Summary of Commission Public Hearin!:!: i. In Favor: Dou!! Russell. The Land Group. Inc. ii. In Opposition: None lll. Commentin!!: None lV. Written Testimony: None v. Staff Presenting Application: Caleb Hood vi. Other Staff Commentilll! on Application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Chan!!es to Staff Recommendation: i. None d. Outstandin!! Issues for City Council: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-06- 053 as presented in the staff report for the hearing date of January 2, 2007, with the following modifications: (Add any proposed modifications) Denial ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 After considering all staff, applicant and public testimony, I move to deny File Number AZ-06-053 as presented during the hearing on January 2, 2007: (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, ill 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 ofthe 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 (for P&Z Commission) and, December 11 and 25. 2006 (for City Council hearinl!) c. Radius notices mailed to properties within 300 feet on: November 9,2006 (for P&Z Commission hearing) and, December 8. 2006 (for City Council hearinl!) d. Applicant posted notice on site by: November 27,2006 (for P&Z Commission hearing) and, December 22.2006 (for City Council hearing) 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 ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 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. CanalslDitches 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 ofbuffer(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 ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 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-l, 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 ofthis 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 ofthe 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 ofthe Comprehensive Plan, the mixed use designation is defIDed 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 ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 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. Stafffinds 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 lninor 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. ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 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 9 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. On December 7. 2006. the Meridian Plannin!! & Zonine Commission voted to recommend approval of AZ-06-053. 11. EXHIBITS A. Legal Description B. Required Findings from Unified Development Code C. Vicinity Map and Landscape Plan ACHD Locust Grove Road Pond Annexation - AZ.06-053 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 A. Legal Description II.. ~ .... TNB L.\ND GIlOUl', lNC. QC\ober 4; 2006 ~ Oescri,ucm ~OrO~~.Pond 12&ON.l.oeust <hove Rd. (FlenkHn to F8irview) 2.00 llICnlS . . A 1ract.oflandsitva.tc:d in a ~CJfthe NQrthwest Q1Mu1wj)tSectlon 8. Township 3 Nol'th.RIinp 1 ~ mote ~ dtillieril1Cd u fCJUoM: ~ at ..point 9D $Ild Section line whlcll beG South Odcgreo 41'East 822.0 ibct from S<<iIion comer .~ losectlons S;6;1,lIJd a, TOWnship 3 North. Itanse.l Seat. Bo* M~ and belnathePOINT OP BBOINNlNG; TlIenoe South 00. 41'OOit East Ilona. said sec:tlon liae . ~ of 342.83 fOetlo 8 PQj~; Tl1ence North a~ 19'~ East a distance ofSOU7 feet to the ccnlerllne of aditdt; lb&mcle North 56641 WWest idong Midditdt ce~ a ~ of613.08 fcettothe Poim QfBeQiM{ng. , . &ceptRig1lt of Way tor Locust drove Road. 11M ~bed f:rllet olJail.d CQD(Une 2.00 acreS; ~ 811ddghts-of~way. PnpllftldBy: tHE. LAND GROUP. INC. 462 B. SJIORB,DRIVB. SUITE 100 BA(JLEtIDAH083616 2os.939~1 2Os..939-444S (FAX) ~~ ::-~I?,~ Ot1 U.lt 2006 ",~~iOI~l'l !~ wo~"'S \,JI>' . , ~~...........OtiI~.~"....~..~Cr_-'~" _&......~lIIo. .............w".P-__~t p....",,444$. """,tUtool".+""", .00\2OllNl52ll'\AtWo\Lrl*\l.Jll'\JM_0UB1~!1"J;~"'V'" .... .. ....",.,_.._.,..~...~ .,," _,. 'n__. ...~"".~.__ ~..~....w,.. ..... .~.,_._~....'""..".,w~.,.. ".".="""", ~,,......~.....-..,.~~~,...,._~-,..,._,..,, . -, . A-I w. .." ., '~"W' w' " ,~,'~w~""W~",~~""-Y'''''-'~'~'~ _~\,,~.... ,-,_. -,'-,' _._u. --. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2,2007 LOClJ8T ~VE RD. I IC~OO.t . L~ _ m-.w~~' ... CD. UI ~~-:r Ji ~.,O ~11 Iii ~I I~ i~ I .-. ~ . . _ . . _ _.' _ .. . _ 4 . _ .." - ~ I _ . " II -l-l .~.~ I ~H !~ roil; 8'""' .r;-~ jE;~ !::I~ ~i I~ I . ~ ~ ;:: <:I;) ~i B U'i a~ =- J, [:) "'" mjg ~ . ~J!! ~ I'i . ~ / III i : I I ~ . I . II: ~ ~U~ ~ ~ ,.~~. ~ ~i~~ .~I. '" I ~ ~ ~ .~ ~ i ~ ~ --I ACHO ANNEXATION & REZONE sEe.a T3N Rlt ,-' -,' .- A-2 0) 8cAl.E:1';<>8O' .~ PfK)JE!CT jIO..08281 10F1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006 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. The Commission 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. The Commission 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; The Commission 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 fmding. 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 is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds that the annexation and zoninl! of this property to L-O would be in the best interest ofthe Citv. B-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 C. Vicinity Map and Landscape Plan %~ ~ i fjll ." ,t------ .11 -~~ ~ . ;-:~ji L . Y r '.- ~I'i.'.....m I!Z. ) r r ~_ ".. ~ ..".J ~__. ai. 'lil:<. ,'(7'- ' H ~1I " . AiiO>t~! 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