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CC - PZ Recs Staff / Report to CC - REV - 12/11South Meridian AZ – H-2015-0019 PAGE 1 STAFF REPORT Hearing Date: December 15, 2015 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: South Meridian – H-2015-0019 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 1322.14 acres of land from the RUT zoning district in Ada County to the R-4 (Medium-low density residential) (1241.10 acres); R-8 (Medium-density residential) (10.37 acres); R-15 (Medium high-density residential) (30.10 acres) and C-G (General retail and service) (40.57 acres) zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on November 19, 2015. At the public hearing, the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division (Caleb Hood), Mari Taysom, Robin Willeman, Brian White(neutral); Carl and Bonnie Reiterman, Susan Blomberg, Kurin Ramis and Cynthia Davis ii. In opposition: Ronald Galloway iii. Commenting: Kent Mills, Gary Hanson (opposition), Jay Christensen, Dave Taysom, Gordon Hamilton and Aaron Raap iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. District boundaries between the established Fire Districts, the Kuna School District and West Ada School District and how/if those are affected with the proposed annexation boundary. ii. Future development of the City park site. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None South Meridian AZ – H-2015-0019 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0019, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0019, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject properties are generally located along W. Amity Road, east of S. Linder Road, west of S. Eagle Road and north of E. Columbia Road in Section 25, Township 3 North, Range 1 West; Section 36, Township 3 North, Range 1 West; Section 1, Township 2 North, Range 1 West; Section 6, Township 2 North, Range 1 East; Section 31, Township 3 North, Range 1 East; Section 32, Township 3 North, Range 1 East and Section 5, Township 2 North, Range 1 East. B. Owner(s): The proposed annexation is comprised of 42 parcels owned by 22 different property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2, and November 16, 2015 (Commission); November 23, and December 7, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (Council) D. The properties were posted on: November 6, 2015 (Commission); December 2, 2015 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally rural residential in nature. Some are developed with residences or are being farmed; several of the properties have commercial/industrial type uses operating from them. All properties are currently zoned RUT South Meridian AZ – H-2015-0019 PAGE 3 Ada County. B. History of Previous Actions: NA C. Utilities: There are two phases in which the infrastructure will be extended. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. These commitments are memorialized in the development agreements signed by the property owners. D. Physical Features: 1. Canals/Ditches Irrigation: The Rawson Canal, Farr Lateral, Calkins Lateral, Carlson Lateral, Beckdolt Lateral, McBirney Lateral and various other irrigation ditches transverse the subject properties. 2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses through a portion of the properties west of S. Meridian Road proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are 1,322 acres on 42 parcels included with the annexation request. While a majority of the properties are planned for residential, there are seven (7) distinct land use designations shown on the Future Land Use Map. The subject properties have the following land use designations: 1) “Low Density Residential” (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) “Medium Density Residential” (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. 3) “Medium High Density Residential” (MHDR) - The MHDR designation envisions residential developments consisting of townhomes, condominiums, and apartments at anticipated densities of 8 to 15 dwelling units per acre. 4) “Mixed-use Community (MU-C) and Mixed-use Regional” (MU-R) - In the broader content of these mixed use areas, the Comprehensive Plan envisions these areas to develop, including but not limited to, the following characteristics:  Residential densities at a minimum of 6 dwelling units to the acre;  Where feasible higher density along SH 69 to serve employment destination centers;  A conceptual site plan;  Provide community serving facilities such as hospitals, schools, parks, public safety facilities and churches;  Provide some form of common, usable area, such as a plaza or green space;  Landscape buffering between commercial and existing low or medium density residential;  Three different types of land uses and;  Be accessible to neighborhoods by both vehicles and pedestrians.  Provide street sections consistent with the Ada County Highway District’s M aster Street Map. South Meridian AZ – H-2015-0019 PAGE 4 5) “Mixed-use Non-residential” (MU-NR) – The MU-NR designation envisions areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned/or existing uses in these areas. Sample uses include a mix of employment, professional offices, warehousing, flex buildings and storage uses. 6) “Civic” – The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. The City, at the request/consent of the property owners, is proposing to annex approximately 1,322 acres of land with the R-4, R-8, R-15 and C-G zoning districts. It is envisioned that some of the subject properties will seek re-zoning consistent with the Future Land Use Map (FLUM) designations in the future. At this time, no development is proposed with the subject annexation request and therefore a vast majority of the property (1,241 acres) is proposed to be annexed as R-4. All of the subject property owners have signed a Development Agreement (DA) that will be executed if the subject annexation is approved. Within each DA is a requirement that any proposed development plan be reviewed and approved as an amendment to the executed Development Agreement. Upon development/re-development of all these properties in the future, adherence to the characteristics of their respective land use designation described above will be required. Staff also finds the following generally Comprehensive Plan policies to be applicable to this application (staff analysis in italics):  “Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services.” (3.04.01H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. (See Exhibit B).  “Support a variety of residential categories (low-, medium-, medium-high 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.” (3.07.01E) Much of this area is rural in nature. A majority of the properties contained within the annexation boundary are designated for residential uses and will be zoned with a residential zone. Under the R-4, R-8 and R-15 zoning districts a mix of residential housing is allowed in these districts that should provide additional housing choices in the area, when development is proposed in the future.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) No permits are requested and none are being approved with this application. As mentioned above, this is not the final approval for any of the subject properties; urban service availability will be evaluated when development is proposed. As part of the subject application, the City of Meridian is proposing to extend sewer service into this area, to just south of Amity Road at Meridian Road. Water, fire, police, parks and other urban services will be evaluated for each property when development is proposed.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties.” (3.03.02O) Future development of these properties will be required to comply with the City’s subdivision standards in UDC 11-6C-3 and ACHD’s Master Street Map and street section standards to provide an appropriate street network for this area of Meridian. South Meridian AZ – H-2015-0019 PAGE 5  “Implement the City’s Pathways Master Plan.” (5.03.01A) The Comprehensive Plan depicts a 10-foot pathway through numerous properties in this area. When future development is proposed, the developer will be required to construct segments of the10-foot wide multi-use pathway in accord with the City’s Master Pathways Plan.  “Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian.” (6.05.01I) A portion of properties south of Meridian Road are impacted by a 75-foot wide Williams- Northwest pipeline easement. Staff will transmit applications to the gas company when future development(s) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction.  “Require adequate fees from new development to fund expansion of services.” (6.02.01C) With any future development of the subject properties, the developer will be required to pay impact fees to the City (fire, police and/or parks) and ACHD (traffic) to help fund the expansion of City services and future road improvements.  “Enforce City Codes.” (3.05.02D) Future development of these properties will be required to comply with all City codes in effect at the time of application submittal. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C-G zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8, R- 15 and C-G zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11-2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3 for the R-4, R-8, R-15 and C-G zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- 6C-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC 11-3G) will apply to any future proposed development. South Meridian AZ – H-2015-0019 PAGE 6 F. Future development of the proposed C-G zoned property must comply with the design standards in effect at the time of application submittal. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 1322.14 acres of land contiguous with the City corporate boundaries and within Meridian’s Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property owner has submitted consent to annex form. These written consent to annex forms have been recorded. These property owners desire to annex so their respective properties can be developed to urban densities at some time in the near future. However, no development is proposed at this time. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 (1241.10 acres); R-8 (10.37 acres); R-15 (30.10 acres) and C-G (40.57 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Pursuant to Idaho Code §67-6511A, the City may require a development agreement (DA) in conjunction with an annexation. In order to ensure the subject properties develop consistent with the policies and codes of the City, staff recommends a DA as a provision of annexation. Over the past year, City Staff has worked with the subject property owners to develop an annexation plan. As mentioned previously, each of the property owners has submitted a signed consent to annex form and development agreements that address current uses and future development of their properties. Each development agreement is customized for the owner and parcel. Some provisions within the development agreements vest owners with land uses and/or operations that are not typically allowed within City limits. For example, some of the properties currently have livestock. In these situations, the development agreement allows that use to continue until development occurs. Further, typically with annexation, existing structures are required to hook-up to services and switch to the City’s solid waste schedule. However, in this case, existing structures will not be close enough to hook-up and changing solid waste at this time did not make sense; these and other City Code provisions will be enforced when development occurs. Essentially, the agreements allow the current land uses and operations to continue until development is proposed within the City. Part of the annexation plan involved an active role by the Public Works Department to ensure extension of City utilities, specifically sewer and water. There are a couple of different sewer sheds in this area. Sewer trunks currently existing in Meridian Road near the Victory Road intersection and in Linder Road near the Ridenbaugh Canal (see attached South Meridian Conceptual Plan). Within each Development Agreement is a section titled “Commitments and Conditions by the City of Meridian”. This section outlines the advancement of sewer and water infrastructure for the benefit of the subject properties. This section explains the City’s role in South Meridian AZ – H-2015-0019 PAGE 7 planning, designing and construction of infrastructure over time. There are two phases in which the infrastructure will be installed. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. NOTE: These extensions of utilities are not comprehensive and will not allow all of the subject properties to develop immediately after installation. Additional extension of these utilities is needed in the future. It is envisioned that the additional extension of these utilities be done by/with developers in the future. The future development of these properties will have to adhere to the characteristics of their underlying land uses and all City of Meridian ordinances in effect at the time of development, including any necessary utility extensions. A more thorough review of development and utility plans will occur once development is proposed for the subject properties. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Maps 2. Future Land Use Map 3. Exhibit Map of Annexation Boundary 4. South Meridian Conceptual Plan B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code South Meridian AZ – H-2015-0019 PAGE 8 A. Drawings 1. Vicinity Map South Meridian AZ – H-2015-0019 PAGE 9 2. Future Land Use Map South Meridian AZ – H-2015-0019 PAGE 10 3. Exhibit Map of Annexation Boundary South Meridian AZ – H-2015-0019 PAGE 11 4. South Meridian Conceptual Plan South Meridian AZ – H-2015-0019 PAGE 12 B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation - Comments 1.1.1 All property owners shall execute a development agreement with the City of Meridian prior to annexation into the City. 1.1.2 Any development of land containing the 75-foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. 1.1.3 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.4 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8, R-15 and C-G zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 As part of the annexation plan, the Public Works Department was actively involved to ensure extension of City utilities, specifically sewer and water. Within each Development Agreement is a section titled “Commitments and Conditions by the City of Meridian” as follows:  The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation and;  The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. 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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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division, on behalf of the property owners, is proposing to annex approximately 1322.14 acres to the R-4, R-8, R-15 and C-G zoning districts. The Commission finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see sections VII above). 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, R-8, R-15 and C-G zoning districts is generally consistent with the purpose statements for residential and commercial districts as detailed in Section VIII above. 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. The Commission recommends the Council consider 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 of interest of the City (UDC 11-5B-3.E). The Commission finds annexing these properties with the R-4, R-8, R-15 and C-G zoning districts is in the best interest of the City if the property owners enter into a development agreement with the City.