CC - Commission Recommendation to Council 2-23 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 2/23/2021 legend
DATE:
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TO: Planning&Zoning Commission
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FROM: Sonya Allen,Associate Planner
208-884-5533 ST
SUBJECT: H-2020-0115 -
Schnebly Annexation
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LOCATION: 2690 E. Franklin Rd., in the SE 1/4 of 1
Section 8,Township 3N.,Range IE ----'
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
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, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 11/21/20; 1 person called,no one attended meeting
attendees:
History(previous approvals) None
Page 1
B. Project Area Maps
Future Land Use Map Aerial Map
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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
Page 2
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification published 1/1/2021 2/5/2021
Radius notification mailed to
properties within 300 feet 12/29/2020 2/2/2021
Public hearing notice sign posted 1/9/2021 2/13/2021
Nextdoor posting 12/29/2020 2/2/2021
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 Franklin Rd. as
set forth in UDC Table 11-2A-4 with landscaping per the standards listed in UDC 11-313-7C.
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 3
B. The Meridian Planning&Zoning Commission heard these items on January 21, 2021. At the
public hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Rich Schnebly,Applicant
b. In opposition:None
c. Commenting. None
d. Written testimony: Rich Schnebly,Applicant
e. Staff presenting gpplication: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. The Applicant requests not to have a development agreement requirement for this
property due to financial constraints pertaining to paving an additional DA fee.
3. Key issue(s)of discussion by Commission:
a. Buffer requirements that may apply on adjacent industrial property if the subject
property is zoned residential instead of commercial as designated on the FLUM (a
buffer was already required on the adjacent property to the north);
b. The reasons for requirement of a Development Agreement and whether or not one is
needed to ensure future development is consistent with the Commercial designation.
4. Commission changes)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
Page 4
VII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
SURYETINS L RIPPIBO � 'k 4L
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Anncxaton Land Description
A parcel of lamtl being a portion of the southwest quarts of 1ha aautheast quarter of Seuiort S,
Township 3 North.Range 1 EW of the Boise MuAan,Ada County,Idaho,being mare-
pw[cuiarly described as follows=
Commencing at the brass cap Manu4trerlt U tht earner common to Sectiam$,9, 16 and 17,T3N,
R1 E as shnum on Recwd of Sun-e+r N.D.7711.Records of Ada{'witty.Idaho from which the
found ka m cap monnmmt at the quarter comer commcm iD vud Sectians l£and 17 bexe,S SW
32'00'W a Aistunoc of 2571.02 fiat as shown on said Rcurd of Suacy rasp:thttx S 8913�1'
W'W along the section line for a dMance of l571.18 feet to the REAL POINT OR
BF:GENNING;.
Theace continuing S SW 32'Or W for a distance-of 100.00 feet:
Thew,e lei 00'29'W'yr for a dirmwe of 342.11 feet;
'nccnec S 72"37'WE far a distance or 105-23 fcvt;
Tl --wc S 00'26' 11"E for a distance of300.95 feet to the lRRAr. PONT OF BEGINNING;
Psrc,�-1 8Mt4ns 0_749 ages or 32,626 squme feet,morc Dr Icsg_
The Wx"description is wrinm from r=oni data shown on R$eord ofSurvey alp_7711,records
of Ad%C ,Idaho.
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EXHIBIT MA
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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:llweblink.meridianciN.oLgzl ebLinkIDocView.aspx?id=217667&dbid=0&repo=MeridianC
ky
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;
The Commission 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;
The Commission 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;
The Commission finds that the proposed zoning map amendment should not be detrimental to
the public health, safety, or welfare. The Commission recommends 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
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.
5. The annexation(as applicable)is in the best interest of city.
The Commission finds the proposed annexation is in the best interest of the City.
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