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CC - Staff Report1 Charlene Way From:Sonya Allen Sent:Tuesday, January 30, 2018 11:45 AM To:Barbara Shiffer; C.Jay Coles; Charlene Way Cc:trevor@tgirealestate.com; Bill Parsons Subject:Linder Mixed Use - AZ H-2017-0095 Commission Recommendation to Council for 2/6 CC Mtg Attachments:Linder Mixed Use - AZ H-2017-0095 Commission Recommendation to Council.pdf Attached are the Planning & Zoning Commission’s recommendations and the Staff Report for the proposed annexation & zoning for Linder Mixed Use. These items are scheduled to be on the City Council agenda on February 6 th . The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Trevor - Please submit any written response you may have to the recommendations in the report to the City Clerk’s office ( cjcoles@meridiancity.org , cway@meridiancity.org , bshiffer@meridiancity.org and myself (e-mail or fax) by 3:00 the Thursday prior to the meeting. Thanks, Sonya Linder Mixed Use – AZ H-2017-0095 PAGE 1 STAFF REPORT Hearing Date: February 6, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Mixed Use – AZ (H-2017-0095) [Note: At the Commission hearing on October 19th, the Commission voted to continue this project to a subsequent meeting in order for the applicant to revise their development plan to remove the multi-family residential component of the plan. In lieu of multi-family, the Commission suggested other uses such as townhomes, mixed commercial and/or offices. The applicant submitted a revised development plan as requested, the staff report has been updated accordingly and the project has been re-noticed. This application originally included a request for a rezone of 3.36 acres of land from the L-O to the R-15 and C-C zoning districts for the two adjacent properties to the south. Since the Commission hearing on October 19th, the applicant has withdrawn the rezone request.] I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trevor Gasser, submitted an application for Annexation and Zoning (AZ) of 5 acres of land with a C-C zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on October 19, November 16 and December 21, 2017. At the public hearing on December 21st, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Trevor Gasser; Sally Reynolds (read letter from Greg Reynolds) ii. In opposition: None iii. Commenting: None iv. Written testimony: Trevor Gasser, Applicant (response to the staff report); Justin Carpenter, Jeremy Evans, Karen Gallegos, Sally Reynolds and a petition signed by the adjacent homeowner’s opposing the development. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of the revised plan. c. Key Issues of Discussion by Commission: i. In favor of the revised plan. d. Commission Change(s) to Staff Recommendation: i. Include a requirement for a pedestrian walkway to be provided from the sidewalk along the north/south backage driveway to the entrance of the building proposed on the east side of the site (i.e. the dance studio/event center). Linder Mixed Use – AZ H-2017-0095 PAGE 2 e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0095, as presented in the staff report for the hearing date of December 21, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0095, as presented during the hearing on December 21, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0095 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: The site is located at 5960 N. Linder Road, in the northwest ¼ of Section 25, Township 4 North, Range 1 West. (Parcel #: S0425233700) B. Owner(s): Archie Douglas Stewart and Kelle Watkins 5960 N. Linder Rd. Meridian, ID 83642 C. Applicant: Trevor Gasser 74 E. 500 S. #200 Bountiful, UT 84010 D. Representative: Trevor Gasser, TMEG Properties, LLC 74 E. 500 S. #200 Bountiful, UT 84010 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 1, 2017 (Commission); January 19, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: November 27, 2017 (Commission); January 19, 2018 (City Council) Linder Mixed Use – AZ H-2017-0095 PAGE 3 D. Applicant posted notice on site(s) on: December 9, 2017 (Commission); VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of one rural residential property with an existing home and accessory outbuildings, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant/undeveloped property, zoned RUT in Ada County 2. East: Single-family residential homes in Paramount Subdivision, zoned R-8 3. South: Rural residential property, zoned L-O 4. West: N. Linder Road and single-family residential homes in Lochsa Falls Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road, approximately 575-feet south of the southwest corner of the subject site. b. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted as Figure 3-3 in the Comprehensive Plan below. Linder Mixed Use – AZ H-2017-0095 PAGE 4 Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) • Residential densities should be a minimum of six dwellings/acre. No residential uses are proposed. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. No residential uses are proposed to develop on this site. At the previous hearing, the Commission directed the applicant to remove the multi-family residential component of the project. • A conceptual site plan for the entire mixed-use area should be included in the application. A concept site plan for the site is proposed (see Exhibit A.2). • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan for the commercial area at the rear of the site includes an outdoor plaza area between the two buildings. • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The concept plan depicts a 25-foot wide landscape buffer along the east boundary of the site adjacent to medium density residential uses. • A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed development consists of commercial retail and indoor arts/entertainment facility uses; because the site is fairly small, staff is not recommending a third land use type is provided. Because this property is part of a larger mixed- Linder Mixed Use – AZ H-2017-0095 PAGE 5 use area, additional land use types should be provided on other properties within the overall designation. Office uses exist to the south. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. Because this is a smaller mixed-use development, staff does not recommend these types of facilities are required on this site. A school exists within a ¼ mile to the south of this site; a church exists on the adjacent property to the south(east); and a daycare is anticipated to be constructed on the property to the south(west). • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan depicts an outdoor plaza area between the two buildings on the east end of the development. • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. There are no pedestrian or vehicular connections to this site from the adjacent Paramount Subdivision development; vehicular connections are proposed to the north and south with this application. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. No public streets are proposed within this development. • Because of the existing small lots within Old Town, development is not subject to the Mixed- Use standards listed herein. The proposed development is not within Old Town. In reviewing development applications, the following items will be considered in MU-C areas: • Development should comply with the general guidelines for development in all Mixed-Use areas. See above. • All developments should have a mix of at least three land use types. The applicant is only proposing two types of land uses; staff is not recommending a third is provided due to the smaller size of this site and the adjacent office uses to the south which provide a third land use type is nearby. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Residential uses are not proposed with this development; at the Commission’s request, the applicant removed the previously proposed multi-family residential uses. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. Conceptual elevations were submitted for the commercial buildings; final elevations should be consistent with this requirement. • Vertically integrated structures are encouraged. No vertically integrated structures are proposed. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000-square foot building footprint. For the development of public school sites, the maximum building size does not apply. The proposed building footprints of the buildings at the back of the site are below 10,000 square feet; building footprints are not shown on the pads fronting on Linder Road but they should be limited to 30,000 square feet as required. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that Linder Mixed Use – AZ H-2017-0095 PAGE 6 comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. The concept plan depicts an outdoor plaza area for the buildings at the rear of the site; the buildings at the front of the site should also share a public/quasi-public space for the area (i.e. 5%) required. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. The applicant proposes to develop the front portion of the site along N. Linder Road with commercial retail uses and the rear portion with an indoor arts/entertainment use. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) A cross-access easement will be required to be provided to adjacent properties to the north and south to reduce access points on Linder Road. • “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) The concept plan proposes small-scale commercial retail uses adjacent to N. Linder Road and 7,000 and 10,000 square foot buildings at the rear of the site for an indoor arts/entertainment use.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Single-family homes in Paramount Subdivision exist to the east of this site; a 25’ wide landscape buffer is proposed to assist in buffering the residences from the proposed commercial uses. • “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on N. Linder Road, will eventually connect Meridian with adjacent cities. • “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is required to be provided in accord with UDC standards with development of the site. • “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Staff recommends a walkway is provided along one side of the north/south driveway separating the retail from the arts, entertainment use to enable pedestrian access within the development. • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. Linder Mixed Use – AZ H-2017-0095 PAGE 7 • “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscaped street buffer is required along N. Linder Road, an entryway corridor, with development of the site. • “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) See the COMPASS development review letter in the project file. • “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” The retail stores are proposed adjacent to N. Linder Road, an arterial street, and an indoor arts/entertainment use is proposed adjacent to the residential neighborhood to the east. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning Districts: Commercial: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11 -2B-1). Allowed uses in the C-C district consist of a larger scale and broader mix of retail, office, and service uses and typically have access to arterial streets or non-residential collector streets. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-C zoning district. Retail stores and indoor arts/entertainment uses are listed as principle permitted uses in the C-C zoning district. Indoor arts/entertainment uses are subject to the specific use standards listed in UDC 11-4-3-2. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. D. Landscaping: Landscaping is required within street buffers, parking areas, and buffers to adjoining residential uses in accordance with the standards listed in UDC 11-3B-7C, 11-3B-8C, and 11-3B- 9C respectively. Street buffers and buffers to residential uses are required as set forth in UDC Table 11-2B-3. E. Open Space & Site Amenities: NA F. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. G. Structure and Site Design Standards: The proposed commercial structures must comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex & zone 5 acres of land with a C-C zoning district consistent with the FLUM designation of MU-C for this site. The applicant has submitted a conceptual development plan, included in Exhibit A.2, which depicts (2) pad sites that are a little less than an acre each fronting N. Linder Road; a north/south driveway and a 7,000 and a 10,000 square foot building with an outdoor plaza area between the two with associated parking. Linder Mixed Use – AZ H-2017-0095 PAGE 8 Direct access via N. Linder Road is not proposed. However, if in the future when this site develops, if access isn’t available via a north/south backage road paralleling Linder Road, an access via Linder may be needed. In this case, staff recommends it be a temporary access until such time as access is available from the properties to the north and south; at that time, the access would be removed. A cross-access/ingress-egress easement is required to be provided to the properties to the north and south for access to the site and interconnectivity between properties. There are no pedestrian walkways depicted on the concept plan along the north/south backage road that separates the commercial retail uses from the arts/entertainment uses. Staff recommends a walkway is provided on one side of the driveway for safe pedestrian access and connectivity. The applicant has a potential tenant that would like to develop a dance studio and event center for dance recitals and performances on the rear 3+/- acre portion of the site. The applicant also plans to develop the two adjacent properties to the south that front on Linder Road with a childcare facility. Conceptual building elevations were submitted for the commercial structures fronting on Linder Road that depict 1-story buildings with stucco, horizontal siding, and brick/stone veneer accents. Conceptual elevations were also submitted for the event center, which is planned to be at least 2 stories in height, depicting CMU as the primary building material. All structures are required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation and zoning pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of the proposed annexation and zoning application with the provisions included in Exhibit B. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Conceptual Development Plan (dated: 12/7/2017) 3. Proposed Conceptual Building Elevation Photos B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Exhibit A.1: Zoning/Aerial Map - 2 - Exhibit A.2: Proposed Site Plan (dated: 12/7/2017) - 3 - Exhibit A.3: Proposed Conceptual Building Elevation Photos Commercial Buildings Fronting on Linder Road - 4 - Event Center - 5 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 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 annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the conceptual site plan, building elevations and provisions contained herein. b. Provide supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area within the site development area. c. Non-residential buildings should be proportional to and blend in with adjacent residential buildings. d. The existing homes and associated outbuildings shall be removed from the site prior to issuance of any building permits. e. If access isn’t available to this site at the time of development, a temporary access will be allowed via N. Linder Road with approval from the Ada County Highway District. At such time as access from the north and/or south is available, the temporary access shall be removed and the use discontinued. f. The developer shall grant a cross-access/ingress-egress easement to the properties to the north (parcel #S0425223010) and south (parcel #S0425233810) in accord with UDC 11-3A-3 and the Comprehensive Plan (action item #3.03.02N). A recorded copy of the easement agreement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application for the development. g. Future development shall comply with the structure and design standards listed in UDC 11 - 3A-19 and in the Architectural Standards Manual (ASM). h. A 10-foot wide segment of the City’s multi-use pathway is required along N. Linder Road in accord with the Pathways Master Plan. Landscaping shall be installed in accord with the standards listed in UDC 11-3B-12C on either side of the pathway. i. Provide a pedestrian pathway connection to the church property at the south boundary of the site. j. Provide a walkway along one side of the north/south backage driveway for safe pedestrian access and connectivity. k. Prior to removing any of the existing trees from the site, the developer/owner shall contact the City Arborist to determine mitigation requirements for any healthy trees 4” caliper and greater that are removed from the site in accord with UDC 11-3B-10C.5. l. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit applications. m. Prior to the application for any development on the subject site, sanitary sewer and water serviceability will need to be reviewed. This is due to the potential timing of development of - 6 - adjacent properties and the ability or inability to create loops in the water system and to determine the routing of sanitary sewer. n. Provide a pedestrian walkway from the sidewalk along the north/south backage driveway to the entrance of the building proposed on the east side of the site (i.e. the dance studio/event center). 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application at this time. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments at this time. 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265 office, or 208-371-1745 cell; email: ROlson@republicservices.com ) on the location and design of the trash enclosure(s) that includes recycling prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B- 10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to determine mitigation requirements. 6.2 Construct a 10-foot wide detached multi-use pathway along the frontage of this site on N. Linder Road in accord with the Pathways Master Plan (Eagle Island pathway). 6.3 Submit a 14-foot wide easement for the multi-use pathway along Linder Road; coordinate the details of the easement with Kim Warren, Pathways Project Manager, 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval This application is for annexation and rezone only. Listed below are some of the site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional site specific conditions of approval when it reviews a specific redevelopment application. 7.1.1 Dedicate additional right-of-way to total 48-feet from the centerline of Linder Road abutting the site. 7.1.2 Provide a road trust deposit in the amount of $16,750.00 to pay for 5-foot wide detached concrete sidewalk to be constructed abutting the site, as part of ACHD’s Linder Road widening project. 7.1.3 Construct one temporary full access driveway onto Linder Road located at the site’s south property line. The driveway is restricted to a maximum width of 36-feet. Construct the driveway as a curb return type driveway with 30-foot radii. Pave the driveway, it’s full width at least 30-feet into the site beyond the edge of Linder Road. The driveway may be restricted in the future as traffic conditions warrant; as determined by ACHD. 7.1.4 Payment of impact fees is due prior to issuance of a building permit. 7.1.5 Comply with all Standard Conditions of Approval. - 7 - 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located with in the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, 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. 7.2.4 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. 7.2.5 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. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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. 7.2.8 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. 7.2.9 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. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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. 7.2.12 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 a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. - 8 - Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary - 9 - - 10 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E) 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 Commission finds that the proposed map amendment to the C-C zoning district and proposed use is consistent with the Comprehensive Plan FLUM designation of MU-C for this site. (See section VII above for more information.) 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 C-C zoning district is consistent with the purpose statement of the commercial district as detailed in Section VIII above. 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. City utilities will be extended at the expense of the applicant. 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 11-5B-3.E). The Commission finds the proposed annexation and zoning of this property is in the best interest of the City if the applicant develops the site in accord with the provisions listed in Exhibit B.