REVISED Staff Report 11/17STAFF REPORT
HEARING DATE: November 17, 2011
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: AZ-11-003 -King Property
~E IDIZ IAN
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dexter King, has applied for annexation and zoning (AZ) of 8 acres of land from the
RUT (rural urban transition) zoning district in Ada County to the R-8 (medium density residential)
zoning district in the City.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed application with a development agreement based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Number AZ-11-003 as presented in the staff report for the hearing date of November 17, 2011, with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Number AZ-11-003 as presented during the hearing on November 17, 2011, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number AZ-11-003 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:
1195 W. Overland Road -Parcel No. S 1224212805
Located in the northwest % of Section 24, Township 3 North, Range 1 West
B. Owner(s):
Dexter King
1195 W. Overland Road
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Same as owner
King Property AZ-11-003
PAGE1
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and zoning request. A public hearing is required
before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
D. Newspaper notifications published on: October 31, and November 14, 2011
E. Radius notices mailed to properties within 300 feet on: October 20, 2011
F. Applicant posted notice on site by: November 7, 2011
VL LAND USE
A. Existing Land Use(s): Rural residential property
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C-G
South: Vacant land owned by Meridian Joint School District No. 2, zoned RUT in Ada County
East: Rural property, zoned Rl and RUT in Ada County
West: Rural residential properties, zoned R-2 and RUT in Ada County
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Services are available from W. Overland Road
b. Location of water: Services are available from W. Overland Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is a ditch that traverses this site from east to west.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
F. Access: Access to this property is provided via a driveway to/from W. Overland Road.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Medium Density Residential (MDR)" on the Comprehensive Plan
Future Land Use Map. Per the Comprehensive Plan (page 20), the purpose of MDR designated areas
is to allow smaller lots for residential purposes within City limits. Uses may include single-family
homes at densities of 3 to 8 dwelling units per acre.
The applicant does not propose to redevelop the property at this time; the property will continue to be
used as asingle-family residence. The applicant is requesting annexation into the City because his
drain field has failed and needs to hookup to city sewer service.
Staff finds the current single-family residential use of the property is consistent with the MDR land
use designation with regard to use (single family residence), but below the recommended target
King Property AZ-11-003 PAGE 2
density. However, neither the plan designation nor requested zoning require a minimum density. In
addition, the availability of city water and sewer services enhances the ability of the site to redevelop
in the future at a higher density consistent with the MDR designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the existing use (staff analysis in italics):
• Ensure that adequate public services are provided for existing and future residents and
businesses.
City water and sewer service are available in Overland Road for hook-up to this property
• Explore options to annex County parcels that are contiguous with City limits to allow for
more efficient provision of City services.
Annexation of the subject property will allow for more efficient provision of City services.
• Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.
Staff has included comments from these public service providers in Exhibit B of this report.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City.
The subject property is contiguous to the City and urban services can be provided to the
property at the time of annexation.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: 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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. Single-family detached
dwellings are listed as a principal permitted use in the R-8 district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to annex and zone 8 acres of land with an R-8 zoning district,
consistent with the future land use map designation for this property of medium density
residential.
King Property AZ-11-003 PAGE 3
The legal description for the proposed annexation submitted with the application (prepared on
October 12, 2011, by Joseph D. Canning, PLS) shows the property contiguous to the existing
boundary of the City of Meridian (see Exhibit C).
This property consists of rural residential property that is developed with asingle-family detached
home. Due to the failing drain field at the home, the applicant requests annexation into the City to
hook up to City sewer service.
The applicant states in his narrative submitted with the application that City water and sewer
services were not stubbed to his property when Overland Road was widened. Therefore, there
will be a substantial cost to install the amount of pipe necessary to hook up to City sewer. For this
reason, the applicant requests approval to be allowed to hookup to City water service later upon
redevelopment of the property rather than at the time of annexation as required by UDC 11-3A-
21.
The UDC (11-3A-21) requires all development to be connected to the City of Meridian water and
sewer systems unless otherwise approved by the City Engineer. Because City water is available in
Overland Road, the City Engineer is not amenable to waiving this requirement.
UDC 11-SB-3D2 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. Because hookup to City water and sewer service is
required as a provision of annexation, staff recommends a DA be required to ensure that hook-up
takes place within 6 months of the date of annexation ordinance approval by City Council.
Additionally, staff recommends a provision that requires the applicant to modify the DA to
include a conceptual development plan when redevelopment of the property is proposed in the
future.
Staff finds zoning this property R-8 and providing city service connections to water and sewer is
consistent with both the Comprehensive plan and the Unified Development Code. Therefore, staff
recommends approval of the AZ request with the requirement of a development agreement that
includes the provisions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
King Property AZ-11-003 PAGE 4
Exhibit A.1: Vicinity Map
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B. Agency Comments
1. PLANNING DEPARTMENT
1.1 A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, 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. The Applicant shall contact the City Attorney's Office to initiate this process. The
DA shall be signed by the property owner and returned to the city within two (2) years of the
City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant
to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum,
incorporate the following provisions:
a. The applicant shall hook-up to City water and sewer services within 6 months of the date
of annexation ordinance approval by City Council.
b. The applicant shall modify the development agreement to include a conceptual
development plan when redevelopment of the property is proposed in the future.
1.2 General Comments
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in
UDC 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.4 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.2.5 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-
14.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W
Overland Road. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service. 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 Water service to this site is available via extension of mains in W Overland Road.
2.3 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.
2.4 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering
Department at (208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitney at (208)334-2190.
3. FIRE DEPARTMENT
King Property AZ-11-003 PAGE 6
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 If there are any code violations that exist on the property, the applicant shall bring them into
compliance prior to annexation of the property. Please contact John Overton, Meridian Police
Department with any questions.
5. SANITARY SERVICES
5.1 SSC did not submit comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 54-feet ofright-of--way from the centerline of Overland Road, abutting the site. The
right-of--way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of--way dedication after receipt of all requested material.
The District will purchase the right-of--way which is in addition to existing right-of--way from
available Corridor Preservation Funds.
6.1.2 Replace the existing 20-foot wide driveway, located approximately 1,050-feet west of the
intersection of Overland Road and Stoddard Road with vertical curb, gutter and sidewalk so
as to match the existing conditions on either side.
6.1.3 Payment of impacts are due prior to issuance of a building permit.
6.1.4 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way.
6.2.2 Private sewer or water systems are prohibited from being located within the
ACHD right-of--way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to
update any existing non-compliant pedestrian improvements abutting the site to
meet current Americans with Disabilities Act (ADA) requirements. The
applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is
required for all landscaping proposed within ACHD right-of--way or easement
areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
King Property AZ-11-003 PAGE 7
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
811-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
6.2.8 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
6.2.9 All design and construction shall be in accordance with the ACHD Policy
Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Standards unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all
applicable requirements of ACHD prior to District approval for occupancy.
6.2.11 No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of ACHD. The burden shall be
upon the applicant to obtain written confirmation of any change from ACHD.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will
review the site plan and may require additional improvements to the
transportation system at that time. Any change in the planned use of the
property which is the subject of this application, shall require the applicant to
comply with ACHD Policy and Standard Conditions of Approval in place at
that time unless awaiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
King Property AZ-11-003 PAGE 8
C. Legal Description and Exhibit Map
A Engineers, Inc.
onsul-ling Gngfneers d~ Surveyors
508 W. Franklin Rd. Boise, Id. 83TO5
h. 208-343-3381 Fax 208.342.572
Annex»Ition Description
For Dexter King
October 2019
A portion of land :}lusts in the north half of the northwest quarter of Seen 24, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particu#arty descried
as fapows:
Commencing at the northwest corner of said Section 24, thence S89°45'00"E, 1,327.78 feet
along the centerline of West OveriarM Road and the northerly bourx#ary of the northwest quarter
of said Section 24 to the Point of Bagfnnlrlg
Thence S00°18'00"E, 328.75 feat;
Thence S~'17'30"W, 768.08 feet;
Ther-ce S89°03'00"E, 346.83 Meet;
Thence N00°t5'00"E, 9,101.50 feet to the centerline of West Overland Road and the
northerly boundary of the northwest quarter of said Section 24 to a point which bears
N89°54'00"W, 1,008.34 feet from the northeast comer of the northwest querter of said
Section 24;
Thence N69°54'00"d1/, 319.50 feet along th® northerly boundary of ~ northwest quarter
of said Section 24 and arorlq the center~ne of West C)verland Road to the Point of
9eglnn/nq.
Comprising 8.00 acres, more or lass.
This description was prepared from Record of Survey Number 1515, records, Ada County,
Idlrho. A new land survey was not performed.
REV PROVAL
BY .__---
OCT ~ 2011
MERlC1AN Pt)gLIC
WQRKS pEPT.
King Property AZ-11-003 PAGE 9
Dennis King
Annexation Sketch
A PARCEL OF WJD SITUATE IN THE NORTH HALF OF THE
NORTHIf~ST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH,
RANCE 1 WEST BOISE MERIDIAN, ADA COUNTY, IDAHO
aasrva~av'E, 3ti.lT
NOTE
THIS SMETCH WAS PREPARED FROM R€CORO Of
SURVEY NUM~R TSi3, RECORDS, ADA COUNTY,
IDAHO. A NEW VWO SURVEY WAS NOT P€RFORM€0
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King Property AZ-11-003 PAGE 10
D. Required Findings from Unified Development Code
1. Annexation & Zoning 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 annex and zone the subject property from RUT in Ada County
to R-8. Staff finds that the proposed map amendment is consistent with the MDR future land
use designation for this site. Therefore, Staff finds the amendment is consistent 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;
Staff finds that the proposed map amendment to the R-8 zoning district and existing single-
family residential use of this property is consistent with the purpose statement of the
residential district in that it contributes to the range of housing opportunities available in the
City.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. The provision of sewer service to replace a failing drain field protects
public health. Staff recommends that the Commission and 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,
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.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
Staff finds the annexation of this property and subsequent zoning of the property to R-8 is
consistent with the future land use map designation of medium density residential for this
property and is consistent with the objectives contained in the Comprehensive Plan.
Therefore, staff finds the proposed annexation and is in the best interest of the City.
King Property AZ-11-003 PAGE 11