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Amar @ Wapoot AZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 STAFF REPORT Hearing Date: 8/14/2007 SUBJECT: Amar @ Wapoot . AZ-07 -007 Armexation and Zoning of 1.56 acres from RUT (Ada County) to R-8 (Medium Density Residential) 'r1' cM'cridi'fn --. - \ \ .;I( 11).\1-10 f .-/ ~V"., :'t""".,,) -. !ill TO: FROM: Mayor & City Council Amanda Hess, Associate City Planner 208-884-5533 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Land Pro Development, Inc., has applied for Armexation and Zoning (AZ) to R-8 (Medium Density Residential) of 1.56 acres of property currently zoned RUT in Ada County. The Applicant requests annexation to hook up to city water and sewer services. The site is located at 2400 W. Wapoot Drive generally north of W. McMillan Road, approximately Yz mile west of N. Linder Road. This site is currently improved with a single.family residential home and accessory outbuildings. This property is within the City's Area of Impact 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 Amar @ Wapoot Annexation and Zoning (AZ-07-007) request as presented in the staff report for the hearing date of June 21, 2007, and based on the Findings of Fact listed in Exhibit D. The Meridian PlanRine: and ZoRine: Commission heard this item on Julv 5. 2007. At the public hearine:. the Commission voted to recommend approval. a. Summary of Commission Public Hearine:: i. In favor: Kevin Amar (Property Owner / Applicant) 11. In opposition: None iii. Commenting: None lV. Written testimony: None v. Staff presentinll application: Amanda Hess vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Key Commission Chang:es to Staff Recommendation: i. None d. Outstanding: Issue(s) for Citv 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- 007, as presented in the staff report for the hearing date of August 14, 2007, with the following Amar @ Wapoot - AZ-07-007 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 modifications: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ-07-007, as presented during the hearing on August 14, 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-07- 007 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: 2400 W. Wapoot Drive (Parcel No. S0426314910) Section 26, Township 4 North, Range 1 West b. Owner: Kevin Amar 2400 W. Wapoot Drive Meridian, ill 83646 c. Applicant's Representative: Shannon Moser Land Pro Development, Inc. 2364 S. Titanium Place Meridian, ill 83642 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 RM8 zone. g. Applicant's Statement/Justification: "I, Kevin Amar, owner of 2400 W. Wapoot Dr., would like to annex into the City of Meridian in order to connect to City water and City sewer." (See Applicant's narrative submitted with application.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4,2007, & June 18,2007 (Planning & Zoning Commission) July 23.2007. & AUllUst 6. 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: May 30, 2007 (Planning & Zoning Commission) Amar @ Wapoot - AZ-07-007 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 Julv 20. 2007 (Citv Council) d. Applicant posted notice on site by: June 25, 2007 (Planning & Zoning Commission) AUl!Ust 4. 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 City residential properties within platted subdivisions. c. Adjacent Land Use and Zoning: 1. North: Single-family residential (Fulfer No.3 Subdivision), zoned R-4 & R-8 2. East: Single-family residential (Lochsa Falls No.5 Subdivision), zoned R-4 3. South: Single-family residential (Fulfer No.3 Subdivision), zoned R-4 4. West: Single-family residential (Fulfer Nos. 5 & 7 Subdivisions), zoned R-4 & R-8 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is stubbed out to the north of the property located west of 2443 W. Ditch Creek Drive Location of water: Site is currently serviced by city water. Issues or concerns: None 2. Vegetation: Existing trees on-site proposed to remain 3. Floodplain: N/ A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals, and canals should be tiled. 5. Hazards: N/A 6. Proposed Zoning: R-8 (Medium Density Residential) 7. Size of Property: 1.56 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): The subject property fronts N. Goddard Creek Way, a local street. An existing 20-foot wide landscape buffer with detached sidewalks is already provided on this property along N. Goddard Creek Way. 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 two drives; one driveway to N. Goddard Creek Way Amar @ Wapoot - AZ-07-007 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 and one driveway to W. Wapoot Drive. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On May 18, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Only the Meridian Fire Department elected to submit comments on this application, as no development is proposed at this time and the use of the property is not changing. 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 finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): . Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. 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 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 No.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. . Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. 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. Amar @ Wapoot - AZ-07-007 Page 4 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 · Chapter VII, Goal IV, Objective C, Action 10 - Support a variety ofresidential 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. The subject application includes a request for the R-8 zoning designation. The Comprehensive Plan Future Land Use Map designates this property as Medium Density Residential. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designationfor this property and the existing land uses of other properties within the vicinity. Staff finds that the proposed R-8 zoning designation is generally harmonious and in accordance with the City's Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-8 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. COlUlection 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 alUlexation because the property owner wishes to be hooked up to City water and City sewer. There is no additional development plalUled for this property at this time. Based on the policies and goals contained in the Comprehensive Plan and the future land use designation of "Medium Density Residential" for this property, Staff believes that the requested alUlexation and R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and [mdings. The alUlexation legal description submitted with the application (stamped on April 4, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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. If the Commission or Council feels additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the alUlexation of this property. Prior to the alUlexation 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: . The Applicant shall be responsible for all costs associated with water and sewer service installation including payment of sewer assessments. . All future development of the subject property shall comply with City of Meridian ordinances for the R-8 district in effect at the time of development. Amar @ Wapoot - AZ-07-007 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 b. Staff Recommendation: Staff recommends approval of the subject AZ application per the comments listed in Exhibit B of this staff report. The Meridian Plannin2 and Zonin2 Commission heard this item on Julv 5. 2007. At the public hearin2. the Commission voted to recommend approval. 11. EXHffiITS A. Legal Description & Exhibit Map B. Agency Conditions / Comments C. Required Findings from Unified Development Code Amar @ Wapoot - AZ-07-007 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 A. Legal Description & Exhibit Map . IDAHO SURVEY GROUP 14S0Eas[ Water::rower St. Suite I SO Meridian. Idaho 83642 Phone: (208) 846'-8570 Fax (208) 884-5399 Amar AaoexatioD Description April 4, 2007 A parcel ofland located in !beNE 1/4 oftheSW 114 of Section 26, T.4N., R1W., R.M.. Ada County, Idaho, more particularly deScribed l1S follQws: BEGlNNING at the Northeastcomer of Lot 8. Block 7 of Fulfer Subdivision No.3, as same is recorded in Book 92 of Plats at Page 10888, records of Ada County, Idaho; Thence along the exterior boundary of said subdivision North 89009'33"West, 365.90 feet; Thence North 00"37'07" Ea.'lt. 185.90 feet; TheJiCl(South 89"09'33" East, 365.90 feet 10 the Southeast comer of Lot 17, Block 7 of said Fulfer Subdivision No. 3 lying On lhe. West boundary of Lochsa Falls Subdivision No. 5.88 sameis recClrded in Book 88 of Plats at Page 10134, recorda of Ada Cowmy, Idaho; . Thence along said West boundary.South 00"37'07" West, 185,90 feet to the Point of Beginning. Containing 156 acres. inore or less. Prepared By: Idaho Survey Group, p,c. ~p ~Al- tte'<l' BY \.1 _ 1001 p\lB\.\G ""&~\O\~~ ot-V1. wo~ . D. Terry Peugh. PLS ProfessIon.' Land Sur".yor. A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 A b en >-- :3 <t: 3: -. ~ I W ~, W 0:::: 0 .9, I:) "I Q:: !"l <( 0 Cl 0 Cl 0 Z 0 I-'ULFER SU DIVISION Q..3 @ @ @ @ S 89'09'33" E 365.90' ----------------- ---------------------- .. 89'09'33" W 365.9' @ @ @ o rLJLFER SUBDIV,SION ~O. 3 ~""L rte,v G'I . . ~., Q ~ 2U07 M~~"~lC wOfU(S \,K7 w PROPERTY BOUNDARY LINE LOT LINE o LOT NO. IDAHO ,Go'.....~5T SURVEY ~='IC>.H08*.l (81"""''''' GROUP, P.C. o 8 a 0). ui 00 ,..... I~ tr-. ,p .,.... r' o o tf) ~REAL POINT OF BEGINNING CD LOCHSA FALLS SUBDIVISION NO. 5 0) fULFER SUBDIVISiON NO. 2 N t t 1 SCALE: 1"=100' AMAR ANNEXA TlON EXHIBIT 1 !ro. l.OcAmI.. ~ _1/4 Of" $f:ClIClIl zs. l'~n 1I:1W.. 8.11.. . .... ~ 0lUtT1'. IDAHO o.o.lt: ../Sft17 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 B. Agency Conditions / Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on April 4, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 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: · The Applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. . The Applicant shall comply with all City of Meridian Public Works and Fire Department requirements outlined in the associated staff report for the Amar @ Wapoot annexation. . All future development of the subject property shall comply with City of Meridian ordinances in effect for the R-8 zone at the time of development. 2. PUBLIC WORKS DEPARTMENT 2.1 This property is currently served by city water and sewer. Both services are stubbed out to the property. Coordinate size and routing with Public Works. 2.2 The Applicant shall provide a 20.foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.3 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this proj ect. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five.foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1A and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross, or lie within the area being developed, shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.10 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the craw I spaces of homes is at least I-foot above. 3. MERIDIAN FIRE DEPARTMENT 3.1 One- and two~family dwellings not exceeding 3,600 square feet will require a fue-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One- and two-family dwellings greater than 3,600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 Operational fue hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST ]4,2007 shall have a clear driving surface. Streets with less than a 29-foot street width shall have no parking. Streets with less than a 33-foot street section shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accormnodate an imposed load of 75,000 GVW. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a ftre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site ftre hydrants and mains shall be provided where required by the code offtcial. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 All R-2 occupancies with 3 or more units shall be required to be ftre sprinklered. B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14,2007 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~8. 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-8 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 and the Commission recommend the Council rely on 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, 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. e. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E). The Commission finds that the annexation and zoning of this property to R-8 would be in the best interest ofthe City. C