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PZ - Staff Recommendation to Commission 1-21 Page 1 HEARING DATE: 1/21/2021 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2020-0115 Schnebly Annexation LOCATION: 2690 E. Franklin Rd., in the SE ¼ of Section 8, Township 3N., Range 1E I. PROJECT DESCRIPTION Annexation of 0.75-acre of land with an R-2 (Low-Density Residential) zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.75-acre, including adjacent right-of-way to section line of E. Franklin Rd.; 0.63-acre, exclusive of right-of-way Future Land Use Designation Commercial Existing Land Use Rural residential (one single-family home) Proposed Land Use(s) No change (continue existing residential use) Current Zoning RUT in Ada County Proposed Zoning R-2 Lots (# and type; bldg/common) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 11/21/20; 1 person called, no one attended meeting History (previous approvals) None Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Representative: Richard Schnebly – 4050 E. Hubbard Rd., Kuna, ID 83634 B. Owner: Same as Applicant C. Contact: Same as Applicant Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 3 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 1/1/2021 Radius notification mailed to properties within 300 feet 12/29/2020 Public hearing notice sign posted 1/9/2021 Nextdoor posting 12/29/2020 V. STAFF ANALYSIS The Applicant proposes to annex 0.75-acre of land, including adjacent right-of-way to the section line of E. Franklin Rd., with an R-2 (Low-Density Residential) zoning district. A legal description for the annexation area is included in Section VII.A., which depicts the area within the Area of City Impact boundary. The reason for annexation is the existing septic system on the single-family residential property failed late last year and the Applicant had to hook-up to City water and sewer service. No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property (Inst. #2020-151430). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. The Comprehensive Plan Future Land Use Map (FLUM) designation for this property is Commercial. Because there is an existing home on this property and the use is proposed to remain residential, an R-2 zoning district is requested as a “placeholder” zoning district until the property redevelops in the future. A commercial zoning district would create a non-conforming use (i.e. a single-family residential dwelling is not a permitted use in a commercial zoning district), which is not preferred. Prior to re-development, a rezone should be requested and development proposed consistent with the Commercial FLUM designation. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property, Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A, that requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. With future redevelopment of the property, access via E. Franklin Rd. and access and interconnectivity with adjacent properties will be evaluated in accord with the provisions listed in UDC 11-3A-3. An attached sidewalk exists along E. Franklin Rd.; a detached sidewalk may be required as set forth in UDC 11-3A-17C. A street buffer will be required along Ustick Rd. as set forth in UDC Table 11-2A-4 with landscaping per the standards listed in UDC 11-3B-7C. VI. DECISION A. Staff: Staff recommends approval of the Applicant’s request for annexation & zoning with the requirement of a Development Agreement per the Findings in Section IX. Page 4 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Page 5 Page 6 VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Prior to any change in use or redevelopment of the subject property, a rezone to a commercial zoning district and a modification to this agreement shall be requested to include a conceptual development plan consistent with the Commercial Future Land Use Map (FLUM) designation and guidelines in the Comprehensive Plan. b. Future development of this site shall be consistent with the applicable standards in the City of Meridian’s Unified Development Code. B. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/DocView.aspx?id=217667&dbid=0&repo=MeridianC ity IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds annexation of the subject property with an R-2 zoning district and requirement for the property to redevelop in the future consistent with the Commercial future land use map designation in the Comprehensive Plan is appropriate for this property (see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1 in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. Page 7 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. Staff finds the proposed annexation is in the best interest of the City.