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PZ Staff Report / RecsSTAFF REPORT Hearing Date: TO: FROM: October 26, 2010 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN~--- IDAHO SUBJECT: AZ-10-002 and PP-10-002 -Barletta Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Russell Hunemiller, has applied for Annexation and zoning of 5.94 acres from R1 in Ada County to R-2 (Low-Density Residential) in the City. The applicant is also requesting Preliminary Plat approval for 2 buildable lots and 2 common lots on 5.80 acres. 2. SUMMARY RECOMMENDATION Staff recommends denial of the proposed development based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on September 16, 2010. At the public hearing the Commission moved to recommend denial of the subiect AZ and PP request' a. Summary of Commission Public Hearing: i. In favor' None ii. In opposition: None iii. Commenting: Becky McKay iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Development requirements for the County and the Title 9 agreement between the County and the City. ii. Future development that may occur in the area and increased traffic. iii. Driveway location in close proximity of Ten Mile Road. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Annexing the property without connection to city services and public street access. ii. The applicant is requesting City Council waive the requirement for tiling a service ditch and the Ridenbaugh Canal in accord with UDC 11-3A-6. 3. PROPOSED MOTIONS Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-10-002 and PP-10-002, as presented during the hearing on October 26, 2010, for the following reasons: (state specific reasons for denial of the annexation and preliminary plat request.) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-10-002 and PP-10-002, as presented during the hearing on October 26, 2010, with the following modifications to the conditions of approval: (add any proposed modifications) Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 1 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-10-002 and PP-10-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the west side S. Ten Mile Road, midway between W. Tasa Drive and re-aligned Overland Road in the northeast % of Section 22, T.3N, R.1 W. b. Applicant/Owner: Russell Hunemiller 3299 W. Davis Lane Meridian, Idaho 83642 c. Representative: Becky McKay, Engineering Solutions, (938-0980) d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is on this matter, is required consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: August 30, and September 13, 2010 (Commission); October 4, and 18, 2010 (City Council) c. Radius notices mailed to properties within 300 feet on: August 19, 2010 (Commission); September 29, 2010 (City Council) d. Applicant posted notice on site by: September 6, 2010 (Commission); October 13, 2010 (City Council 6. LAND USE a. Existing Land Use(s): The subject site is developed with a single family home and detached accessory building. The existing home is located on proposed Lot 2, Block 1. b. Character of Surrounding Area and Adjacent Land Uses: Much of the area is developed with county residences. The following uses surrounding the site include: 1. North: County Residence, zoned Rl in Ada County 2. East: Vacant property, zoned R-8 in the Southridge Subdivision 3. South: County Residence, zoned R1 in Ada County 4. West: County Residence/Agricultural, zoned R1 (Ada County) c. History of Previous Actions: NA d. Utilities: 1. Public Works a. Location of sewer: Sewer mains are currently installed in W. Overland Road and S. Ten Mile Road; approximately 1280 feet from the subject property. Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 2 b. Location of water: Water mains are currently installed in W. Overland Road and S. Ten Mile Road; approximately 1280 feet from the subject property. c. Issues or concerns: City sewer and water mains master planned to serve to this site are not currently located within reasonable distance. e. Physical Features: Canals/Ditches Irrigation: The Ridenbaugh Canal transverses the east and west boundary of the proposed subdivision; a 50-foot easement encumbers the proposed western lot. 2. Hazards: The subject property is bisected by 75-foot wide Northwest Pipeline Easement. 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. Flood Plain: NA 4. Topography: NA £ Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the site is provided from W. Davis Lane; a private street which connects to S. Ten Mile Road. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 2single-family lots on 5.80 acres for a total gross density of 0.34 dwelling units/acre. The density proposed with the subdivision generally complies with the density requirements of the Comprehensive Plan. Although the density may be consistent with the comprehensive land use designation, the description specifically states, "to allow the development of single family homes on large lots where urban services are provided." Staff finds the following Comprehensive Plan text and policies to be applicable to this property and apply to the proposed development (staff analysis in italics below): • Chapter VII, Future Conditions, Urban Planning Service Area (Page 98). The subject property is within the City of Meridian Area of City Impact. The City of Meridian desires all development within its Area of City Impact to be served with urban services from the City of Meridian. All requests for annexation into the city limits will require city-owned services. Expansion of urban services maybe at the discretion of the City or the developer. Currently, city services are not available to serve the proposed development and the applicant does not intend to extend services to the site. Therefore, staff finds the proposed development is not consistent with the Comprehensive Plan. • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands in the following manner: Sanitary sewer and water service should be extended to the project at the developer's expense. The applicant has stated city services will be extended to the development once services are available. In the interim, the proposed subdivision would be served by a well and on-site sewage disposal. 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. Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 3 • 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). • Davis Lane is a private street and is not maintained by the ACHD (District). Further, an email from ACHD (Exhibit A.4) states they will not accept Davis Lane as a public street. Therefore public street frontage is not available to provide public street access to the two proposed lots. • The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services are 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 IV, Goal I, Objective A, Action Item 6 -Permit new... residential development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Although the subject site is contiguous with the city limits, sanitary sewer and water are not available to this site. City Services are quite a distance from the subject parcel; approximately 1,280 feet. The applicant wishes to continue to use the existing well and septic system for the current home and establish a new well and septic system for the future home site. The note on the proposed plat indicates city services will be extended when available. However, the submitted plat does not show the utility profile for the extension of city services once they are available to the site. The applicant should coordinate with Public Works to determine the requirements for the extension of city services. Since city services are not readily available and the applicant has indicated that they would not extend the services, staff believes the subject property should not be annexed until such time as services are available or the applicant provides urban services. • Chapter VII, Goal IV, Objective C, Action Item 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is proposing 0.64 acres (or 11.01 % of the preliminary plat) as open space. • Chapter VII, Goal I, Objective D, Action Item 1 -Permit low-density (one unit per 5-10 acres) residential uses where city services are not available. When city services are unavailable, the Comprehensive Plan encourages low density residential at densities of one unit per S acres. A note on the proposed plat indicates city services are not available and the proposed lots sizes are 2.1 acres and 3.OS acres. Based on the proposed lots sizes, stafffinds the proposed plat is not consistent with the density requirements of the Comprehensive Plan since city services are unavailable. • Chapter VI, Goal II, Objective A, Action Item 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The Comprehensive Plan encourages vehicular connectivity between planned and existing subdivisions. Currently, the property takes access from a private lane. ACRD is not willing to accept Davis Lane as a public street. Staff has concerns with adding an additional home that will take access from a private street that connects to a major arterial. Approving this request may lead to additional requests to subdivide similarly situated properties on Davis Lane. Staff is of the opinion that Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 4 development of this property is premature given the fact that no other development is planned in the general vicinity of this property to efficiently develop an internal street network. Thus, staff believes the site cannot develop in a manner consistent with the Comprehensive Plan. 8. ZONING ORDINANCE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the R-2 zoning district. b. Purpose Statement of Zone: The applicant is requesting an R-2 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. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements of the R-2 zone established in the UDC. No dimensional modifications are being requested for the proposed development. d. Landscaping: 1. Percentage of site as open space: UDC 11-3G-3C requires 10% open space. The plan indicates the amount of open space provided is 0.645 acres (11.01 %). 2. Width of street buffer(s): A 25-foot wide landscape buffer is required along S. Ten Mile Road. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION The request is to annex and zone 5.94 acres from the Rl zoning district in Ada County to the R-2 zoning district in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map for Low Density Residential, which is consistent with the proposed R-2 district. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. At this time staff feels the subject site should not be approved for annexation and therefore has not provided any recommended development agreement provisions. 2. PRELIMINARY PLAT The applicant is requesting Preliminary Plat approval of 2single-family residential building lots and 2 common lots on 5.80 acres in the proposed R-2 zoning district. Lots sizes for the proposed plat range from 2.10 acres to 3.05 acres. Currently, the site is developed with an existing single family home and detached accessory building (Lot 2, Block 1). The other buildable lot is proposed to develop with a single family residence. Staff has reviewed the proposed preliminary plat and found that the dimensional standards proposed substantially comply with the Unified Development Code. The purpose statement of the Residential Districts states that connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Further, UDC 11-3A-21 requires all development connect to Meridian water and sewer systems. At this time, services are not readily available to the property. The applicant is seeking a waiver from the City Engineer to allow the existing and future residences to utilize wells and septic systems until city services are available to the site. Public Works has conditioned the connection of city services within 6-months of services being made available to the Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 5 subject property. However, these services are developer driven and approximately 1,280 feet away and may not be extended for quite some time. Typically, city services are extended to the site upon annexation and with the approval of a plat at the developer's expense. Staff concurs with the applicant that city services are quite a distance from the property. Since city services are not readily available to the site, staff is recommending denial of the proposed plat. Access: The existing and proposed properties take access from Davis Lane (private street) which connects to S. Ten Mile Road (arterial street). Currently, ACHD is negotiating with the applicant to purchaseright- of-way for the expansion of Ten Mile Road. The proposed plat depicts the additional right-of--way prescribed by ACHD. The applicant has provided an exhibit of the reconstructed Davis Lane and S. Ten Mile intersection (Exhibit A.5). Staff has concerns with the close proximity of the existing driveway with the intersection as it nearly fronts on S. Ten Mile Road. Staff believes the driveway should be off-set from the intersection to provide safer ingress/egress to the existing residence. The applicant should coordinate with ACHD on how to facilitate the realignment of the driveway to address this concern. It is important to note that the reconstruction of the intersection will happen whether or not the property is annexed and platted. UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes access from an arterial or collector street. In order for the local street access to be provided the applicant would have to dedicate the portion of Davis Lane that abuts the east side of the property. ACHD has informed the applicant they are not willing to approve Davis Lane as a public street. Thus, the applicant is unable to provide local street access at this time. Further, single family homes are not intended to access from private streets (UDC 11-3F-1). Approving this request may lead to additional requests to subdivide similarly situated properties on Davis Lane. Based on the lack of the public street frontage and the likelihood ACHD would not take ownership, staff is of the opinion that applicant needs to reconstruct a portion of Davis Lane as a public street or other properties need to develop around the subject property to adequately develop an internal public street system consistent with the Comprehensive Plan and the UDC. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The UDC requires a 25-foot wide landscape buffer adjacent to Ten Mile Road; designated an arterial roadway. In addition, all landscape buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover. Staff has reviewed the submitted landscape plan and finds the landscape plan submitted substantially complies with the UDC. Common Open Space: The property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 10 percent of common open space for the single family developments of five (5) acres or more. The plat shows two common lots totaling 0.645 acres (11.1%) proposed as open space. The proposed open space complies with the open space standards of the UDC. Staff has included additional analysis below that discusses the possibility of using the service canal as a waterway amenity. Ditches, Laterals, and Canals: UDC 11-3A-6 requires all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided be covered. The Ridenbaugh Canal transverses the eastern and western boundary of the proposed plat. The applicant is seeking Council waiver not to the the canal. Based on the size of the facility, staff believes the canal should remain open. In addition, a smaller service ditch bisects the middle of the proposed plat which the applicant is proposing to remain open. Staff believes the proposed ditch could be improved as an amenity for the proposed subdivision. If the proposed plat is approved, staff is recommending the landscape plan be revised to depict how the open service ditch could be incorporated as amenity within Lot 3, Block 1. Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 6 Northwest Pipeline: A 415-foot long section of the Northwest Pipeline bisects this site between both buildable lots. 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. The proposed plat depicts a 75-foot wide easement for use by the pipeline company. The easement is proposed to be an open landscaped area with landscape material and one vehicular crossing for access to proposed Lot 4, Block 1. The City has been informed that the Northwest Pipeline Company has a development handbook that defines the requirements for improvements within the 75-foot easement. In summary, the site is unable to develop in a manner consistent with the Comprehensive Plan and the Unified Development Code due to the lack of urban services and the inability to provide public street access. Therefore, Staff is not supportive of the Applicant's proposal to annex and plat this site. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Landscape Plan 4. Letter from ACHD regarding Access to the Property 5. Reconstructed Davis Lane and S. Ten Mile Road Intersection B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Barletta Subdivision - AZ-10-002 and PP-10-002 PAGE 7 A. Drawings 1. Vicinity Map Exhibit A - 1 - 2. Preliminary Plat .. ~, ; , , ~, ; I' ~ ~~ ~ ~~; ~~` i ~ ,1,.. "'~' ..... ~ I ~, ' ~ ~' j ~, ~ _-_--_ ~ ~ ... _... ~..... r ~ ~ .... wi.. i.n.. ....i r ~ ~ / •.--•~,~, •ow it ~, ,'~ ~ ~r !, ~ ~ ~ ~ ~ ~~ w . . . r ~ ' ~ ~ 'i6~1R~R01~ ~6~7'Y~i~ rule ..~a.e~.e.~.~~ • 7lRSt~i~'w•••r .vr "pi~4fiff7ll6~i. r` PRE Exhibit A - 2 - 3. Landscape plan t r ~ ifii i i" i ~~ ~~,~ ~ ~ ~,~~ I~~~~~'l~~~i~lt~.~~ ~~ i t~, i ~~ ~ wwr• t I 1 ~ .ii ~ (,1 ~,~t~~ ~ ~L~ ~~ ~ ~ ~~ ~ ~ ~~ ~ I ~ -. a \ •:•; ', /y/ r ~ ~ i '~ } ~ ~~ :. ~ 1,~ ~ LMO~011f[ N07M :f ~ ~ • \ ~~ al ~w 1 G~~~ LANDSCAPE PLAN m s • r ~ M r~rr . w i 1•MO•f rC•LR K ~•~~• ~~ L1.0 .t rrw ....~ Exhibit A - 3 - 4. Letter from ACHD regarding Access to the Property Becky McKay From: M(ndy Wallace [Mwallace®achdidaho.org] Bent: Thursday, May 27, 2010 3:39 PM To: 'Becky McKay' 8ubJect: Davis Lane Attachments: image001.gif Becky, After meeting with you on Tuesday I had a chance to talk to Gary about the proposed Hunemiller SubdNision, in particular Davis Lane. ACHD would not accept Davis Lane as a public street. As it is today it would not meet ACHD standards and even If it was rebuilt we would still not accept the roadway. It would not serve a public benefit since it would not be extended or stubbed to an adjacent property in the future due to the Ridenbaugh Canal wrapping around the existing subdivision access by Davis Lane. Please let me know if you need any additional information or have any questions. Thanks, MincLy Wallace, Planning Review Supervisor Right of Way and Development Services Ada County Highway District 3775 Adams Garden City, ID 83614 (208)387-6178 Fax (208)387-6393 ~in.~noart..t$e Sr+.... Exhibit A - 4 - 5. Reconstructed Davis Lane and S. Ten Mile Road Intersection N O T E S ~>K r aw ~ ulra r. waaw ~t wl.w aryl - nrrl~ a: Ilrll 70KIta Q hYYltw Iltw~ N+++r n.+.~ e..lw r. xu.rH.l O O,YU Mtiu 711w 4 ~ NL6V.1 © ~~ A ~ M 101AtAt O IIIYaY ti~YU !w. r 1-11!!1 O7 ~{' lYml 6rt 47h~ ir/IYA /Y~II ~A.111 Q /~' arw sere rM. >a a PIIC. Illw e1.wlAa.s ®/r al.. w.w M slre x rw 11~ 01.6/A8A Iltpr nt'r.: t/r is . r •.^- r.l r-ans ® ~""' .r ~r.~. r o..., IIIYiY r Ilrn rl.alal ®OrrM~ ~r d~ IIIw 70{A.IJ./ ® h~ui 4r AWy K Yw 1FfM/i ® IYwwltr N ~~ Ylrq IYn ~-lNU ®Mlw IY~t, IdIHMw. IYw ]q.6tA7 ® /MM TYM bM ~ ~ IYYI 1wY. IYw >r10AtJ11 ® w~' ally. e..atw ~ rR W !IL M 11-1, Mtw »-o-a0~ ® anrltllr liwrw~ /arA rr. ar-foes f16f Min M M ~~ OwMi, fMl I1W.AiJ.1 ® 710f MrM ~ lr LAN Cwiii- Illw 11gLAiJ.1 ® FMII WY 01~r ! t~ 1 IIrw~K 11wt l~10 ®11w aWf /1f rlflf \ ~YIIY~ W ~ M btAtAl ® UfUf P M Y 4M I~ffMp ~N4fM full 1-ffW ® BpIMf OMY, fb Y, ftw 110f.At.Lf OwAA >\ ` ~~~ ;. ~~ ~~ a ~~ ., ,. ~'4 . Z ILE ROAD (Lemont Rd. to 1-84) ~ II 70ttMp4 ~[ fMl10Li HAW K Mf I~ MIIf Shest 6 Ot 13 Exhibit A - 5 - B. Conditions of Approval 1. PLANNING DEPARTMENT (THE PLANNING DEPARTMENT IS RECOMMENDING DENIAL OF THE SUBJECT APPLICATIONS THUS NO CONDITIONS OF APPROVAL ARE PROPOSED. SAME FOR ALL OTHER DEPARTMENTS - IF COMMISSION RECOMMENDS APPROVAL THEN WE CAN INCLUDE ALL THIS IN THE FINDINGS.) 2. PUBLIC WORKS DEPARTMENT 2.1 Sewer mains are currently installed in W. Overland Road and S. Ten Mile Road approximately 1280 feet from the subject property. 2.2 Water mains are currently installed in W. Overland Road and S. Ten Mile Road approximately 1280 feet from the subject property. 2.3 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, asingle-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 any common areas prior to signature on the final plat by the City Engineer. 2.4 Within six months of City services becoming available the applicant shall be required to connect to both city sewer and water. All cost associated with the connection to city services shall be the responsibility of the owner/developer. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times; 2) Streets less than 35-feet in width shall have no parking; and 3) Streets less than 39-feet in width shall have parking only on one side. These measurements shall be based on the back of curb dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no comments related to the application. Exhibit B - 1 - 6. SANITARY SERVICES DEPARTMENT 6.1.1 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. SSC will not provide trash pick-up services from the collector or arterial street. 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS RECEIVED) Exhibit B - 2 - C. Legal Description and Exhibit Map i W t a DTI SURVEYING, LLC Professional Land Sunnyo- a7G1G s ~ ~' Jnly 26, 2010 Dacriptlon for Annention Barletta Snbdtvhdo~ A parcel of land located in the NE'/s of the NB y+ of Section 22, T.3N;, R 1 ., B.M., Ada Comity, Idaho, being Parcel 2 as shown on Record of Survey No. 4605, records of Ada County, Idaho, mane partiealarly described sa follows: Co at the corner common to Sections 14,15, 22 and 23, T.3N., R1W., B.M., from which e N 1/16 comet of said Section 14 bears South 00°56' 13" West, 1314.75 feety thence el the east line of said NE '/. of the NE %+ South 00°56' 13" West, 670.90 feet to ~ po' the centerline of the Ridenbaugh Canal being the REAL POINT OF BEG1~fN1N Thence continuing along said east line South 00°56' 13" West, 79.86 fioet; Thence North 89°12' 15" West, 1002.68 feet to a point on a curve on tl~ centerline of the Rideabaagh Canal; Thence along said centerline: Thence 50.83 feet along the arc of a non-tattgeat curare to the 11eR, s curve having a radius of 80.00 feet, a delta angle of 36°24' 12", sad a ~ong bearing North Ol°45'30" East, 49.98 feet m a poir-t of tangency; Thence North 16°26'36" West, 122.06 feet; Thence North 06°37'54" West, 99.35 feet; Thence leaving said centerline South 89°12' 15" East, 944.58 feet to a the centerline of the Ridenbaugh Canal; Thence along said centerline: Thence Sotrth 14°28'06" East,124.56 feCt; Thence South 47°46'06" East, 98.28 feet to Containing 5.94 acres, more or less. REVD ~h4~PROVAL ~ L¢ 4 ~ '~ BY 1 `~- ,,~7-~ AUG 3 1 2010 0''~ oi: ~o* ~' MERIDIAN PUBLIC WORKS DEPT. Exhibit C ItN-~Pt aop .~ awrwv uoa •ws olna 'uNw rm 001 3LIN "tlMi OMIKOY~N 6TAl ll'B 'M 1 3Nfl01 'M [ •61M01 Yi MOMOlS f0 f/1 3M 3N1 N WM001 ~ ~ E Q-~-Q "'SN~~107~ NOllb'X3Nnroul~ NVIaIFJ3W = ~ ~ 9NIII~~N/9N~ NOISIAIQSIIS VJNL~'I'gVg I ~ tt ~ ~ c~ O ~; sa n ~ ~I ~1 ~I i ~~ ~; ~~ ~, of I e p m~ a aw 0 "'~ ¢ Y o~ `w ` ~ w 3 } m Exhibit C - 2 - D. 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 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 zone the subject property to the R-2 zoning district. The proposed zoning district is consistent with the Comprehensive Plan. The plan further defines low density residential to allow the development of single family homes on large lots where urban services are provided. Currently, city services are not available and the applicant has indicated that they do not intend to extend services. Therefore, the Commission finds that the proposed development does not comply 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 proposed Preliminary Plat would not comply with the established regulations and purpose statement of the R-2 zoning district. The purpose statement states that a connection to the City of Meridian, water and sewer systems is a requirement for all residential districts. The applicant is proposing to use wells and septic systems to service the site. Thus, the Commission fmds that the proposed map amendment does not comply with the regulations of the proposed 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 may be detrimental to the public health, safety, or welfare due to the lack of public street access to the subject property and the concerns that ACHD has no desire to accept the extension of a public street system. Staff recommends that the Commission and Council rely on 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 since services are not available. Because of the inability to provide public street access and urban services, development of the site at this time conflicts with the UDC. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The overall density proposed in the R-2 district generally complies with the anticipated density for this area (see Section 7 of the staff report for more information). However, the Commission finds that all essential services are not available to the subject site and the extension of a public street network is not provided. The Commission believes this is not a logical expansion of the City limits at this time. Therefore, the Commission finds that Annexation and Zoning of this property to R-2 would not be in the best interest of the City. Exhibit D - 1 - 2. Preliminary Plat Findings: A. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed preliminary plat is not in substantial compliance with the adopted Comprehensive Plan due to the lack of urban services and the extension of the public street network. Please see Comprehensive Plan Policies and Goals, Section 7, and Analysis, Section 9 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are not readily available to accommodate the preliminary plat proposed for development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Currently City Services are approximately 1,280 feet from the subject property and are not readily available. The applicant states the properties will connect to city services when they are available. However, the extension of urban services is predicated upon other properties developing in the area. Thus, the Commission finds the proposed plat is not in conformance with any scheduled public improvements. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Northwest Pipeline bisects this site between both buildable lots. The easement is proposed to be an open landscaped area and one vehicular crossing for access to proposed Lot 4, Block 1. If the applicant follows the recommended practices of the Northwest Pipeline Company, the Commission believes there no additional health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Commission fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D - 2 -