HomeMy WebLinkAboutPecchenino AZ 10-004 - PZ Recs/Staff ReportSTAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
February 1, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
AZ-10-004 -Pecchenino
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The City of Meridian Public Works Department has applied for annexation and zoning (AZ) of one
(1) acre of land from the RUT (Rural Urban Transition) zoning district in Ada County to the R-4
(Medium Low-Density Residential) zoning district in the City.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this
item on January 6, 2011. At the public hearing the Commission moved to recommend approval
of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: City of Meridian Public Works Department
ii. In opposition: None
iii. Commenting: Warren Stewart. City Engineer
iv. Written testimony: Treasea Pecchenino
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman
b. Kev Issue(s) of Discussion by Commission:
i. Storage of recreational vehicles on the property and UDC requirements for screening.
c. Kev Commission Change(s) to Staff Recommendation:
i. Commission modified condition of approva11.1.4 to read the recreational vehicles shall
be screened with a 6-foot solid fence in accord with UDC 11-3C-4A.2.
ii. Received ACHD's comments on the Annexation application (see Exhibit B).
d. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-10-
004 as presented during the hearing on February 1, 2011, with the following modifications: (Add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-10-004 as
presented during the hearing on February 1, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number AZ-10-004 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
Pecchenino Annexation - AZ-10-004 PAGE 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Parcel No. S 1203449012
1955 N. Ten Mile Road; located in the southeast % of Section 3, Township 3 North, Range 1
West
B. Owner(s):
Mike and Treasea Pecchenino
1955 N. Ten Mile Road
Meridian, ID 83646
C. Applicant:
City of Meridian Public Works Department
33 E. Broadway Avenue
Meridian, ID 83642
D. Representative:
City of Meridian Planning Department
33 E. Broadway Avenue
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and zoning request. A public hearing is required
before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 20, 2010 and January 3, 2011 (Commission);
January 10 and 24, 2011 (City Council)
C. Radius notices mailed to properties within 300 feet on: December 9, 2010 (Commission);
January 7, 2011 (City Council)
D. Applicant posted notice on site by: December 27, 2010 (Commission); January 20, 2011 (City
Council
VI. LAND USE
A. Existing Land Use(s): The subject property is currently developed with a single family residence
and accessory buildings.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property, zoned R-4.
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: Services are available from W Hatch Ct.
b. Location of water: Services are available from N Ten Mile Road.
Pecchenino Annexation - AZ-10-004 PAGE 2
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
F. Access: The existing residence takes access from N. Ten Mile Road and has access to W. Hatch
Court.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Medium Density Residential" on the Comprehensive Plan
Future Land Use Map. Medium density residential areas are anticipated to contain three to eight
dwelling units per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R-4
zoning designation with the annexation of this property. Currently the property is developed with one
single family residence. At this time, there are no plans for developing the property. The annexation
request is necessary to facilitate the extension of city services to the property.
Since the property is developed with a single family residence; this use and the proposed R-4 zone is
consistent with the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
YVhen the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner.•
• Sanitary sewer and water service will be extended to the existing residence.
• 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.
Municipal, fee-supported, services will continue to 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 D, Action 2 (page 114) -Restrict curb cuts and access points on
collectors and arterial streets.
The existing residence has access from two different streets. The driveway for the residence fronts
along Ten Mile Road and serves as the main access to the residence. A secondary access is
provided from W. Hatch Court (a local street); a cul-de-sac located at the northwest corner of the
Pecchenino Annexation - AZ-10-004 PAGE 3
property which allows access to the rear of the property. The UDC requires access to be taken
from a local street if one is provided.
At this time additional development is not proposed for the property and intensity of the use of the
site is not proposed to change. The annexation request is merely to extended city services to the
property to allow the city to move forward with expanding the water reuse line in front of this
property down to the new interchange. If future development is planned for the property, access
to N. Ten Mile Road should be restricted and the future access to the property should be from W.
Hatch Court.
VIII. UNIFIED DEVELOPMENT CODE
A. The applicant is requesting an R-4 zoning district for the property. 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.
B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal
permitted uses in the R-4 zoning district.
C. Dimensional Standards: Any new construction or building expansions comply with the
dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Public Works Department requests approval to annex and zone one (1) acre of land from the
RUT zoning district in Ada County to the R-4 district in the City. The purpose of the annexation
is to provide city services to the subject property which are necessitated by the City's water reuse
infrastructure project.
Specifically, the reuse water main is planned to be installed in front of this property down to the
new Ten Mile interchange. While in the planning stages of the project, it was determined by the
Department of Environmental Quality that there is an inadequate separation between the reuse
water main and the property owner's domestic well thus necessitating the need to provide city
services to the property. The City has agreed to initiate the annexation and pay for the service
hook ups.
A contractual agreement on the terms and costs of the service installation between the City and
the owner will be prepared in place of a development agreement. The property owner has
consented to the annexation and has granted permission to the City to act on their behalf in
respect to the annexation application.
At this time, there is no development proposed with the annexation. Future development will be
subject to the development standards of the UDC in effect at the time of development.
Currently, a number of recreational vehicles are being stored on the property which appears to be
a RV storage facility (accessory outdoor storage). In order to facilitate the outdoor storage, the
property owner would first need to be annexed in to the city and then follow-up with a certificate
of zoning compliance (CZC). In addition, the accessory outdoor storage would have to comply
with the specific use standards in accord with UDC 11-4-3-33. After speaking with the property
owner, it was not his intent to have accessory outdoor storage on the site. Thus, any recreational
vehicles that are not under the ownership of the property owner should be removed from the
Pecchenino Annexation - AZ-10-004 PAGE 4
property.
In addition, any recreational vehicle owned by the property owner is required to be screened by a
6-foot solid fence as set forth in UDC 11-3C-4A.2. The existing fencing on the property is 4-foot
chain link. Staff is of the opinion that proper fencing should be erected to adequately screen the
recreational vehicle. Said fencing should replace the existing 4-foot chain link fence the runs
from the north side of the existing residence and terminate at the northern property boundary. The
Public Works Department has agreed to coordinate with the property owner for the construction
of the new fencing. Staff anticipates the new fencing to be in place in conjunction with the home
being hooked-up to city services.
Staff finds zoning this property R-4 and providing city service connection is consistent with both
the Comprehensive plan and the Unified Development Code.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Pecchenino Annexation - AZ-10-004 PAGE 5
Ea;hibit A.1: Vicinity/Zoning Map & Aerial Map
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Exhibit A
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The legal description for the proposed annexation submitted with the application (prepared on
November 17, 2010, by Glenn K. Bennett, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
1.2 All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
1.3 Development of the subject property shall comply with the R-4 standards listed in UDC 11-
2A-5. The uses allowed pursuant to this agreement are those uses allowed in the R-4 zoning
district listed in UDC Table 11-2A-2.
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e~I recreational vehicles shall be screened by a 6-foot solid fence in accord with UDC
11-3C-4A.2.
1.5 Future redevelopment of the site or replacement of the existing structure shall cause access
for this site to be from W. Hatch Court, unless waived by City Council.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant will be responsible for all costs involved with the extension of sewer and water
service to the subject parcels.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only Listed below are site-specific conditions of approval that the
District may require when it reviews a future development implication for this site. The District may
add additional site-specific requirements when it reviews a specific re-development application.
6.1 SITE SPECIFIC CONDITIONS OF APPROVAL
6.1.1 Dedicate an additional 10-foot of ri t-of-wa to tota150-feet of ri t-of-way from the
centerline of Ten Mile Road.
OR
Provide the District with a 10-foot wide sidewalk easement.
6.1.2 If Hatch Court is used to access the site apply for a driveway approach permit through
ACHD's Construction Services. Ca11387-6280 for more information on the permit process.
6.1.3 Comply with all Standard Conditions of Approval.
Exhibit B - 1 -
6.2 STANDARD CONDITIONS OF APPROVAL
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
6.2.2 Private sewer or water systems are prohibited from being located within the ACHD ri hg t-of-
way
6.2.3 In accordance with District policy, 7203.6, the applicant maybe required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280
with file number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping~roposed within ACHD right-of--way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.7 It is the responsibility of the applicant to verify all existine utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking_~ound within ACHD right-of--way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are
compromised during any_phase of construction.
6.2.8 Utility street cuts in pavement less than five ears old are not allowed unless approved in
writing by the District. Contact the District's Utili~ Coordinator at 387-6258 (with file
numbers) for details.
6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certif ay 11 improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy
6.2.11 No change in the terms and conditions of this ~proval shall be valid unless theme in
writin ag nd signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain written
confirmation of any change from ACHD.
6.2.12 If the site elan or use should chance in the future. ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is granted
by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B - 1 -
C. Legal Description and Exhibit Map
ANNEXATION DESCRIPTION
FOR THE
CITY OF MERIDIAN
19SS NORTH TEN MILE PARCEL
A parcel located in the SE % of the SE '/. of Section 3, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at an aluminum cap monument marking the northeasterly corns of acid SE 'k of
the SE '/, from which a brass cap mam~ment marking the southeasterly corner of said SE '/. of the
SE °/+ beats S 0° 18'56" W a distance of 1321.44 feet;
Thence S 0°l8'S6" W along the easterly boundary of said SE '/. of the SE Y. a distance of 26.07
feet to the POINT OF BEGINNING;
Thence continuing S 0°18'56" W a distance of 170.05 feet to a point marking the extension of
the boundary of CHERRYLANE VILLAGE NO. 3 SUBDIVISION as shown in Book S8 of Plata
at Pages 5473 and 5474 in the oE'ice of the Reorder, Ada County, Idaho;
Thence leaving said easterly boundary S 89°58'40" W along said subdivision boundary a
distance of 255.90 feet to an angle point in said subdivision boundary;
Thence N 0°18'Sb" E along said subdivision boundary and also the boundary of CHERRFLANE
VILLAGE NO. S StIBDIt'ISION as shown in Book 69 of Plats at Page 7033 in said office of the
Recorder a distance of 171.55 foal t4 an angle point in last said subdivision boundary;
Thence S 89°41'04" E along last acid subdivision boundary a distance of 255.90 feet to the
POINT OF BEGINNING.
This parcel eantains 1.00 acres.
Prepared by: Glenn K. Bennett, PIS
Civil Survey Consultants, Incorporated
November 17, 2010
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D. Required Findings from Unified Development Code
1. Annexation & Zoning 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 annex and zone the subject property from RUT in Ada County
to R-4. The Commission finds that the proposed map amendment is consistent with the MDR
future land use designation for this site. Therefore, the Commission finds the amendment is
consistent with the applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the R-4 district is consistent with
the purpose statement of the residential district.
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.
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 of interest of the City (UDC 11-5B-3.E).
The Commission finds the annexation of this property is in the best interest of the City
because it furthers the goals and objectives of the City's capital improvement plan.
Exhibit D - 1 -