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PZ Recs/Staff ReportSTAFF REPORT HEARING DATE: December 20, 2011 E IDIAN~-- TO: Mayor & City Council I D A H O FROM: Sonya Waters, Associate City Planner 208-884-5533 SUBJECT: AZ-11-003 -King Property 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. The Meridian Planning & Zoning Commission heard these items on November 17, 2011. At the public hearing, the Commission moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Chet Pipkin ii. In opposition: None iii. Commenting: None iv. Written testimony: Dexter King (response to the staff report) v. Staff_presenting application: Sonya Wafters vi. Other staff commenting on application: Scott Steckline b. Kev Issue(s) of Discussion by Commission: i. The timing of hook-up to City water and sewer services. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-11- 003 as presented in the staff report for the hearing date of December 20, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-11-003 as presented during the hearing on December 20, 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.) King Property AZ-11-003 PAGE 1 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 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 (Commission); November 28, and December 12, 2011 (City Council) E. Radius notices mailed to properties within 300 feet on: October 20, 2011(Commission); November 24, 2011 (City Council) F. Applicant posted notice on site by: November 5, 2011 (Commission); December 5, 2011 (City Council) VI. 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 King Property AZ-11-003 PAGE 2 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 adriveway 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 hook up to city sewer service. Staff fmds 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 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-21ists the permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. Single-family detached King Property AZ-11-003 PAGE 3 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. 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 hookup 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 hook up 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. King Property AZ-11-003 PAGE 4 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 5 Exhibit A.1: Vicinity Map King Property AZ-1 1-003 PAGE 6 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. King Property AZ-11-003 PAGE 7 3. FIRE DEPARTMENT 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. King Property AZ-11-003 PAGE 8 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 ACHD 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 9 C. Legal Description and Exhibit Map B & A Engineers, Inc. ~nsulting Cngineers & Surveyors 05 W. Franklin Rd. Boise, Id. 83705 .208.343-3381 Fax 208.342.572 Annexation Description For Dexter King October 2011 A portion of land. situate in the north half of the northwest quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the northwest corner of said Section 24, thence S89°45'00"E, 1,327.78 feet along the centerline of West Overland Road and the northerly boundary bf the northwest quarter of said Section 24 to the Point of Begfnning. Thence S00°18'00"E, 328.75 feet; Thence S00°1T30"W, 768.06 feet; Thence S89°03'00"E, 316.93 feet; Thence N00°15'00"E, 1,101.50 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 quarter of said Section 24; Thence N89°54'00'W, 319.50 feet along the northerly boundary of the northwest quarter of said Section 24 and along the centerline of West Overland Road to the Point of Beginning. Comprising 8.00 acres, more or less. This description was prepared from Record of Survey Number 1515, records, Ada County, Idaho. A new land survey was not performed. REV. ; PROVAL UCT t ~ 2011 ~ WORKS pEPT1C King Property AZ-11-003 PAGE 10 Dennis King Annexation Sketch A PARCEL OF LAND SITUATE NJ THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST BOISE MERIDIAN, ADA Ct)UAlIY, IDAHO ,SECTION CORNER SE9'03"©ft"E, 316.93' NOTE THIS SKETCH WAS PREPARED FROM RECORD OF SURVEY NUMBER 1515, RECORDS, ADA COUNTY, IDAHO. A NEW LAND SURVEY WAS NOT PERFORMED B&A E~ncegineers, Inc. e~ scas~ei Q r a 41I~ n Py 0. C1-'!- scALE110~'i.-too' King Property AZ-11-003 PAGE 11 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. The Commission fmds that the proposed map amendment is consistent with the MDR future land use designation for this site. Therefore, the Commission 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; The Commission 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; The Commission 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. The Commission recommends that the 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, 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. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Commission 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, the Commission finds the proposed annexation and is in the best interest of the City. King Property AZ-11-003 PAGE 12