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HomeMy WebLinkAboutPfost Property AZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 SUBJECT: Hearing Date: June 5, 2007 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Pfost . AZ-07-005 Annexation and Zoning of 1.46 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). STAFF REPORT TO: FROM: 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Thomas and JoAnn Pfost, have applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) of 1.46 acres of property currently zoned RUT in Ada County. The site is located at 1205 W. Overland Road on the south side ofW. Overland Road, approximately ~ mile east of S. Linder Road. This site is currently improved with one single-family residential home and accessory outbuildings. The subject request for annexation is based upon the fact that the well that services this home is located in the path of the Overland Road widening project. For this reason, the applicants are requesting annexation to hook up to city water. This property is within the City's Area ofImpact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the Pfost Annexation and Zoning (AZ-07-00S) request as presented in the staff report for the hearing date of May 3, 2007, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Plannine and Zonine Commission heard this item on Mav 3.2007. At the public hearin!! the Commission voted to recommend approval. a. Summary of Commission Public Hearine: i. In favor: Thomas Pfost (Owner/Applicant) ii. In opposition: None iii. Commentin!!: None iv. Written testimony: None v. Staffpresentin!! application: Sonya Watters vi. Other staff commentin!! on application: None b. Kev Issues of Discussion bv Commission: i. None c. Key Commission Chan!!es to Staff Recommendation: i. None d. Outstandin!! Issue(s) 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-07- 005 as presented in the staff report for the hearing date of June 5, 2007, with the following modifications: (Add any proposed modifications) Pfost AZ-07-005 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-07-005 as presented during the hearing on June 5, 2007: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue Pile Number AZ-07- 005 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: 1205 W. Overland Road (Parcel #S1224223105) Section 24, Township 3 North, Range 1 West b. Owner: Thomas and JoAnn Pfost 1205 W. Overland Road Meridian, ill 83642 c. Applicant/Representative: Same as Owner d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an R-4 zone. g. Applicant's Statement/Justification: "We are requesting annexation into the city so that we can hook-up to city water. Our well is currently in the path of the widening project of Overland Road." (See applicant's narrative submitted with application.) S. 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: April 16th, 2007 and April 30th, 2007 (Commission); May 14th. 2007 and Mav 28th. 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: April 5th, 2007 (Commission); Mav 11th. 2007 (Citv Council) d. Applicant posted notice on site by: Apri127th, 2007 (Commission); Mav 26th, 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings on the subject site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of rural residential properties and vacant undeveloped land. Pfost AZ-07-005 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 5, 2007 c. Adjacent Land Use and Zoning: 1. North: Vacant property, zoned I-L 2. East: Rural residential property, zoned RUT in Ada County 3. South: Rural residential property, zoned RUT in Ada County 4. West: Rural residential property, zoned RUT in Ada County and Christian Family Matters Church, zoned R-8 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is not available yet. Location of water: The applicant has already connected to City Water. Issues or concerns: Ensuring the applicant connects to City sewer when it becomes available. 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this property develops. 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-4 (Medium Low.Density Residential) 7. Size of Property: 1.46 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. Staff believes that the applicant does not intend to further develop this property in the near future. g. Landscaping: 1. Width of street buffer(s): Upon development of this property, a 25-foot wide landscape street buffer will be required adjacent to W. Overland Road, an arterial roadway per the UDe. 2. Width ofbuffer(s) between land uses: Upon development of this property, a buffer between land uses may be required, depending on the future use of the property. h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is currently provided from one driveway to Overland Road. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On April 13, 2007 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. These agencies did not submit comments on this application as no development is proposed at this time and the use of the property is not changing. Pfost AZ-07-005 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF ruNE 5,2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) 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 fmds 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 applicant'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 su~ject 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 NO.2. This service will not change. );> The su~ject 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) The applicant is not proposing any new land use for this property. Staff believes that the existing single-family home is compatible with the other residences in this area. . Support a variety of residential categories (low-, medium-, and high.density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application includes a request for the R-4 zoning designation. The Comprehensive Plan Future Land Use Map designates all of the properties in this vicinity on the south side of Overland Road as Medium Density Residential. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this Pfost AZ-07 -005 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 5, 2007 property, the future land use designated for other properties in this vicinity, and further enhances the variety of zoning designations south of the interstate. Stafffinds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC ll-2A-2 lists single-family dwellings as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the subject property is proposed for annexation because the well serving the existing home is located within the Overland Road widening proj ect and the residence needs to be hooked up to city water. There is no additional development planned for this property at this time. Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Medium Density Residential for this property, and the widening of Overland Road, Staff believes that the requested annexation and R-4 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 March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC ll-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. In anticipation of this application being approved, the applicant has already paid the required water hook-up fees for the existing residence and been hooked up to City water. Because sewer is not currently available to this property, staff is recommending that a Development Agreement be required to ensure that when sewer is available to this property that the home be required to hook up at that time. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments ofthe developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: . That the existing home on this property shall be required to connect to City sewer within 6-months of service being available to this property. . The applicant shall be responsible for all costs associated with sewer service installation Pfost AZ-07-005 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OP JUNE 5, 2007 including payment of sewer assessments. · All future development of the subject property shall comply 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 R-4 zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B of this staff report. The Meridian Plannine and Zoninl! Commission heard this item on Mav 3. 2007. At the public hearinl! the Commission voted to recommend approval. 11. EXHmITS A. Legal Description & Exhibit Map B. Planning Department Comments C. Required Findings from Unified Development Code Pfost AZ-07-005 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007 A. Legal Description & Exhibit Map Legal Description PFOST PROPERTY ANNEXATION A parcef for annexation purposes, being located in the NW % of the NW % of Section 24, Townshlp 3 North, Range 1 West, Boise MerIdian, Ada County, Idaho. aod more particularty described as follows: CommencIng ata 518 inch di8meIet iron pin marking the northwest comer of sUI Section 24, from which a 112 Inch diameter Iron pin marking the northeast comer of said NW % of the tNI" bears S 89045'00"' E a distanQe 1327.78 feet Thence S 89045'00- E along the northerty boundary of said Section 24 a distance of 800.20 feet to the POINT OF BEGINNING; Thence continuing along said nor1herIy boundary S 89"'45'00" E a distanQe of ~7.S8 feet to a 112 inch diameter iron pm marking the not1heast comer of saki NW % of the NW Y.; l11erKle leevfng said northerfy boundary S 0018'00" E along the eesfJerly boundary of said NW % of the PNI % a distance of 328.75 feet to a poirt; ThenCe leaving uid eesterty boundary N 57058'34- Wa distance of 624.30 feet to the POINT OF BEG"NINe: This parceC contains 1.99 lICr88 and Is subject to any easements exjstjng or in use. Clinton W. Hansen, PLS Land Solutions, PC March 7, 2007 B~~P~~ .1,4;' 1 2 :'. ~ 7 Mf~lOiAN PUBLIC WOftK8 DIPt a.a~.utIons ~---. Pfost Property Annexation Job No. 07~15 A-I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007 ~- 2..JTU Y 800.20 i~ II I o "40 SO L...n...-l ' A-2 PFOST PROPERTY ANNEXATION lOCATED IN THE NW J!4 OF THE NW 1/4 OF SEalON 24 TOWNSHIP 3 NORTH. RANGE I WEST. BOISE MERIDIAN. . ADA COUNTY, IDAHO 2007 BASIS OF 8ENi1NO S 89'45'00. C 527.58' IiNPu. TTED kE~PI'ROVA~ ev."j~..._ MAl? l,~ . M~.RIDlA" PUl:ld(; WORKS llEPT 160 I O/9lAM'} ROAD ANNEXA 710N AREA 1.99 ACRes LEGEND o 5/8' PIN D CALCULATED POINT o 1/2"PlN W 1/16 S89'54'OO' E"~ ~ '327.84' 2f 1/4 ' CI) ~~ ~q O!.<:'i . I"'J IJNPc..A TTED ~~~~~ J'~'T mHl~~t~." WRI~ W".M4) 1""'1 '''NO.., I>OOl_l~" r", .......,-....-... ..1 v; Wi h ,~ t CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. Planning Department Comments 1. The annexation legal description submitted with the application (stamped on March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: · That the existing home on this property shall be required to connect to City sewer within 6-months of service being available to this property. · The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. B-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 C. 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: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. 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. b. 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 should comply with the established regulations and purpose statement of the R-4 zone. 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. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. 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. b. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds that the annexation and zoning ofthis property to R-4 would be in the best interest of the City. C - 1