CC - Staff Report Commission Recomendation to Council 5-18 STAFF REPORT C:�*%_
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/18/2021 Legend --M1- -
DATE:
Project Lncaffi:n - -
TO: Mayor&City Council 14 , LL,
FROM: Alan Tiefenbach,Associate Planner r FM
208-884-5533
Bruce Freckleton,Development -
Services Manager
208-887-2211
SUBJECT: H-2021-0013
Roberts Annexation -- EE
LOCATION: 1630 E. Paradise Ln - -- r_3
r
I. PROJECT DESCRIPTION
This is a proposal to annex 1.77 acres of land from the R-1 zone in Ada County to R-2 zone to
construct a new single-family residence.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.77 acres
Future Land Use Designation Low Density Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Single Family Residence
Lots(#and type;bldg./common) 2(to be consolidated into parcel with a future PBA
application)
Phasing Plan(#of phases) 1
Number of Residential Units(type 1 house with detached shop and RV garage
of units)
Density(gross&net) 0.56 du/acre
Open Space(acres,total N/A
[%]/buffer/qualified)
Amenities N/A
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of February 9,2021,2 attendees.
attendees:
History(previous approvals) Heritage Subdivision No 2
Page 1
A. Community Metrics
Description Details Page
Ada County Highway District No comments
Access(Arterial/Collectors/State Property will be accessed from E Paradise Lane(local).
Hwy/Local)(Existing and Proposed)
Traffic Level of Service N/A
Stub Street/Interconnectivity/Cross N/A
Access
Existing Road Network E.Paradise Ln
Existing Arterial Sidewalks/ There is existing curb and gutter on east side of N.Locust
Buffers Grove Rd.E.Paradise Ln is a rural local road with no
sidewalk on either side.
Proposed Road Improvements None required
Distance to nearest City Park(+ 1 mile to Champion Park
size)
Distance to other key services
Fire Service No comments
Police Service No comments
Wastewater
• Distance to Sewer 1,400 feet+/-
Services
• Sewer Shed North Slough Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.08
• Project Consistent with No.Property will be on septic until utilities are
WW Master Plan/Facility available in the area.
Plan
• Comments • Flow is committed
• Sewer is currently in N.Locust Road about 1,400
feet away from property. City Engineer has
approved a waiver to allow septic service until
the sewer line is extended.
Water
• Distance to Water Services 0
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Water is located in N Locust Grove Road.Water
main must be extended into Paradise Ln to the
east property line.Applicant requested a waiver
to only have to connect service line rather than
extending the water main.City Engineer
denied this waiver.
Page 2
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III. APPLICANT INFORMATION
A. Applicant/Representative:
Benjamin Semple,Rodney Evans and Partners— 1014 S. La Pointe St., Ste 3,Boise ID 83706
B. Owner
Denton Roberts—4461 N. Diamond Creek Ave,Meridian, ID, 83646
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification
published in newspaper 3/26/2021 4/30/2021
Radius notification mailed to
properties within 500 feet 3/24/2021 4/27/2021
Public hearing notice sign posted
4/2/2021 5/7/2021
on site
Nextdoor posting 3/24/2021 4/27/2021
V. STAFF ANALYSIS
The property is comprised of two lots presently zoned R-1 in unincorporated Ada County, of which
the southern lot until recently had contained a 4,000 sq. ft.residence. The applicant demolished this
single-family residence in anticipation of building a newer 6,000 sf ft+/-house with detached shop/
RV garage. The applicant contacted Ada County to merge the lots together and construct the larger
house and was told because the property directly abutted City limits, it would need to be annexed.
There is a 5-foot drainage,utility construction and maintenance easement platted between the subject
lots(Lots 2&3,Block 1 of the Heritage Subdivision No 2). Following this annexation and prior to
building permit,the easement will need to be vacated as part of the consolidation of lots.
The nearest available sewer main is located in N. Locust Grove Rd., approximately 1,400 feet north
of the subject property. The applicant has received City Engineer and Public Works Director approval
for a utilities waiver from UDC 11-3A-21 to not connect to City sewer at this time. Staff finds that
making a singular property owner pay for extending a sewer main 1,400 feet for one residence is
neither fair nor necessary.However,the development agreement will require connecting to City
sewer if and when a sewer main is extended in the future. The applicant will need to apply to Central
District Health(CDH)for a temporary septic system.
The applicant will be required to extend a water main from the intersection of N. Locust Grove Rd
and E. Paradise Ln along Paradise Lane to the eastern property line to serve adjacent properties in the
future. The applicant has also requested a waiver from this requirement, stating it would be cost
prohibitive and not necessary as adjacent properties to the east and south are remaining in
Unincorporated Ada County and already have wells providing water. Instead,the applicant prefers to
only be required to connect a service line from the main to the new home. The City Engineer denied
this waiver request.
Page 4
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. As mentioned above, all development is to be connected to the City of
Meridian water and sewer system,unless otherwise approved by the City Engineer. The City
Engineer has approved the waiver for the new house to be served by individual septic system
until a sewer line is extended south down N. Locust Grove Rd. To ensure the site develops as
proposed by the applicant, staff is recommending a development agreement as part of the
annexation approval.
B. Future Land Use Map Designation(https://www.meridiancity.org/eompplan)
The Future Land Use Map(FLUM)designates the property for Low Density Residential(LDR).
This designation allows for the development of single-family homes on large and estate lots at
gross densities of three dwelling units or less per acre. With one existing home proposed on 1.77
acres,the requested R-2 zone is consistent with the FLUM.
C. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
• "Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City" (2. 01. 01 G).
The purpose of the proposed development is to annex and zone the property to R-2 to
consolidate two lots into one and build a single-family residence. Ada County directed the
applicant to annex because the property is directly adjacent to the City limits. The property is
surrounded by single family detached homes on greater than one acre lots. This annexation
will not change the existing character of the surrounding development and will add an
additional single-family home for the City of Meridian.
• Establish and maintain levels of service for public facilities and services,including water,
sewer,police,transportation, schools,fire,and parks" (3.02.01 G).
Staff finds that the existing conditions in this area create conditions that do not allow for this
property owner to connect to City sewer services as required by code at the present. Public
Works, Meridian Police Department and Meridian Fire have no objections to this one house
residential project. No other services should be affected as the existing access is to remain.
• Annex lands into the corporate boundaries of the City only when the annexation proposal
conforms to the City's vision and the necessary extension of public services and infrastructure
is provided. (3.03.0)
The property can be provided fire and police service.Neither agency expressed any
comments on this proposal.As mentioned above, the applicant was granted a waiver from the
requirement to hook to sewer until the sewer main is extended. The applicant's request to not
have to extend the water main all the way up E. Paradise Ln to the east property line was
denied.
D. Existing Structures/Site Improvements:
The property is presently vacant.
E. Proposed Use Analysis (UDC 11-2A-2)
Single family residences are a principally permitted use in the R-2 zone district.
Page 5
F. Specific Use Standards(UDC 11-4-3):
UDC 11-4-3-13 allows only one single family residence per property.No fixture subdivision may
occur until this property is connected to both water and sewer.
G. Dimensional Standards(UDC 11-2):
The R-2 zone requires a minimum lot size of 12,000 sq. ft., 80' of street frontage, street setbacks
of 20 from a local street, 25' from an arterial, side setbacks of 7.5 per story, and rear setbacks of
15'. The concept plan as submitted indicates the proposed home meets these requirements.
H Access(UDC 11-3A-3, 11-3H-4):
Existing access occurs from E. Paradise Ln, a rural local street with no curb,gutter or sidewalk.
Future access will continue from E. Paradise Ln. ACHD noted they had no comments on this
proposal.
I. Parking(UDC 11-3C):
UDC 11-3C-6 requires at least 2 parking spaces per single family dwelling unit,with additional
parking spaces required for residences with more than 2 bedrooms. Parking will be ascertained at
time of building permit.
J. Sidewalks(UDC 11-3A-17):
There is existing sidewalk on the east side of N. Locust Grove Rd. Otherwise,the Heritage
Subdivision Filing One and Two reflects rural character and it does not appear any of the right of
way within this subdivision contains sidewalks (E. Paradise Ln.,E Star Ln.,N. Spangle Dr.,E.
Freedom Ln). However,UDC 11-3A-17 does require sidewalks along both sides of the street,or
only one side of the street when the average lot frontage is more than 150'. ACHD has not
commented on this application regarding any additional improvements. The Planning
Commission and City Council should determine whether requiring sidewalk along the property
frontage should be required with the development agreement.
K. Landscaping(UDC 11-3B):
Per UDC 11-3B-2, a landscape plan shall be required for all development,redevelopment,
additions,or site modifications except detached single-family and secondary dwellings.
Therefore, a landscape plan is not required.
L. Waterways(UDC 11-3A-6):
No ditches or waterways traverse the property. This application was referred to both Nampa-
Meridian Irrigation District and Parkins-Nourse Irrigation Association.Neither expressed
concerns with this application.
M. Fencing(UDC 11-3A-6, 11-3A-7):
Any new fencing will be required to meet the standards of UDC 11-3A-7.
N. Utilities (UDC 11-3A-21):
Water is located along N. Locust Road to the N. Locust Grove Rd/E Paradise Ln intersection.
The applicant is required to extend the water main along Paradise Ln to the east property line to
serve future properties. The applicant has requested a waiver from this requirement with the
explanation that this would be cost-prohibitive, and not serve any other properties in the vicinity,
as the remaining adjacent properties to the east and south are remaining in Ada County and
already have wells. The applicant requests to connect only their property to the main via a service
line. The City Engineer denied this waiver.
Page 6
Sewer is currently in N. Locust Road about 1,400 feet north of the property. The applicant has
requested a waiver from UDC 11-3A-21 to not connect to City sewer at this time. The City
Engineer has approved this waiver request. Staff recommends the development agreement require
connection to public sewer when a main is extended along N. Locust Grove Rd near the adjacent
to the subject property.
O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Staff has not requested architectural elevations with this application. The applicant proposes one
single family residence.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation with the comments noted in Section VIII.
and per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on April 15,2021. At the public
hearing,the Commission moved to approve the subject annexation request.
1. Summary of the Commission public hearing:
a. In favor: Ben Semple
b. In opposition: Eric Reece,Nicole Carr, Chris Ilgenfritz, Silvia Wilmock
C. Commenting: Ben Semple mentioned the applicant would seek a Council waiver from
requiring the extension of the water main to the east.
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Why are they extending water lines just for one project?
b. Is this the lowest density and would this allow more lots to be developed in the future?
C. Desire to keep the rural nature and do not want to see City limits extended into their
area.
d. Concerns re ag rding whether the infrastructure extension is setting p for more
development in their area.
3. Key issue(s)of discussion by Commission:
a. Comments about why they got rid of rural designations in the City.
b. Whether not requiring sidewalk would set precedent for future projects.
c. Clarified that any future development would require public hearings.
Page 7
d. Discussed whether it was reasonable to require the applicant to extend the water main to
the east or whether a service line was sufficient.
4. Commission change(s)to Staff recommendation:
a. Commission recommended the applicant not be required to extend the water main to the
east.
b Commission did not believe applicant should be required to install sidewalk.
Page 8
VII. EXHIBITSSITE PLAN : %/26/2021)
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' pARAD19E LN
A. Annexation Legal Description and Exhibit(date: 2/3/2021)
ANNEXATION
ROBERTS PARCEL
LEGAL DECRIPTIOIN
Lots 2 & 3, Block 1, Heritage Subdivision No. Z,situated in the Southwest Quarter of the Northwest
Quarter of Section 32, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, more
particularly described as folfows:
COMMENCING at the Corner of Sections 30, 29, 32, & 31 monurnented by a found aluminum cap as
described in CP&F Instrument No. 111099263 at the intersection of E, McMillan Road and N. Locust
Grove Road, from which the Quarter Corner common to 5ec:tions.32 and 31 monuirnented by a found
aluminum cap as described in CP&F Instrument No. 102102462 at the intersection of E. Leighfield Drive
and N. Locust Grove Road bears, South 00"33'0-S" Vest, 2,659.05 feet, thence South 00'33'08" Nest,
1,988.86 feet to the POINT OF BEGI NNING;
Thence along the Northerly Bounda ry of Lot 2, South 89'31'13" East, 287.63 feat to the Northwest
Corner of Lot 4-
Thence along the Westerly Boundary of Lot 4, South 00"32'52" West, 325.00 feet to the Center Line of
E. Paradise Lane,-
Thence along said Center Line, North 89'31'13" West, 287_65 feet to the to the Center Line of N. Locust
Grov-e Road and the Westerly Boundary of Section 32;
Thence North 00#33'08° East, 325.00 feet to the POINT OF Bi GINNII NCI_
Containing 2.146 acres, more or less.
End of description
Prepared By:
F
Ronald 1u1_ Hodge `
7
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Page 10
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Page I I
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,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
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. Future development of this site shall be generally consistent with the conceptual site plan
for the single-family dwelling included in Section VII and the provisions contained
herein.
b. When the sewer line is extended to the N. Locust Grove Rd/E. Paradise Lane
intersection,the existing septic system shall be abandoned and the applicant shall connect
the new residence to City sewer and pay any applicable sewer assessment fees at the time
of connection.
c. The existing well shall be abandoned,unless used to irrigate the property. The new
residence shall connect to City water and pay any applicable water assessment fees with
the building permit.
and Paradise Lane .,1.,ng Paradise Lane e to the easto,- p ..eAy 1; 0
£ Prior to building permit,the applicant shall vacate the 5-foot drainage,utility
construction and maintenance easement platted between the subject lots(Lots
2&3,Block 1 of the Heritage Subdivision No 2)and merge Lots 1 &2, Block 1
through a parcel boundary adjustment.
B. PUBLIC WORKS
2.1 Site Specific Conditions of Approval
2.1.1 Sewer is approximately 1,400 feet North on Locust Grove, it is a requirement of annexation
to connect to both City sewer and water. Any deferral or waiver to this requirement must be
provided in writing from the City Engineer.
2.1.2 Water-must be ex4ended in4o D.,,.adise Lane e to the East p ...el4y 1;ro
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
Page 12
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-
feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated
via the plat,but rather dedicated outside the plat process using the City of Meridian's
standard forms. The easement shall be graphically depicted on the plat for reference
purposes. Submit an executed easement(on the form available from Public Works),a legal
description prepared by an Idaho Licensed Professional Land Surveyor,which must include
the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and
distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated
by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing
this document. All easements must be submitted,reviewed, and approved prior to
development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well 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 prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the
final plat by the City Engineer. Any structures that are allowed to remain shall be subject
to evaluation and possible reassignment of street addressing to be in compliance with
MCC.
2.2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with
Idaho Code 42-1207 and any other applicable law or regulation.
2.2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there
are any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
2.2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities,etc.,prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on
the final plat as set forth in UDC 11-5C-3B.
Page 13
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a
plan approval letter.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 The design 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 crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
Page 14
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=224605&dbid=0&repo=MeridianC
i &cr=1
D. ADA COUNTY DEVELOPMENT SERVICES
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=223933&dbid=0&repo=MeridianC
E. NAMPA MERIDIAN IRRIGATION DISTRICT
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=224834&dbid=0&repo=MeridianC
F. PARKINS NOURSE IRRIGATION ASSOCATION
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=224834&dbid=0&repo=MeridianC
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 site with an R-2 zoning designation is consistent
with the Comprehensive Plan LDR FL UM designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
The Commission finds the size of the proposed house and lot will be consistent with the purpose
statement of the residential districts will be compatible with the low-density rural character.
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 the Council consider any oral or
written testimony that may be provided when determining this finding.
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 if the property is
developed in accord with City/Agency comments and recommended development agreement
provisions in Section VIII
Page 15