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CC - Staff Report and Commission RecommendationSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 2, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0122 TM Crossing Expansion PROPERTY LOCATION: East of S. Ten Mile Rd. on the north side ':'' of 1-84, in the SW'/ of Section 14, T.3N., R.1 W. (Parcel #R7192800750) I. PROJECT DESCRIPTION C J f1E NDIAI4*,, Annexation and zoning of 1.68 acres of land with a C -G zoning district for expansion of the TM Crossing site to allow additional parking to be provided in a future development phase. II. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) B. Community Metrics Details 1.68 Low Density Residential (LDR) Vacant/undeveloped (pasture) NA (floating adjacent Commercial FLUM designation) RI in Ada County C -G Purdam Gulch Drain runs along southern boundary of site Un -numbered lot in Primrose Sub. designated "public use area" Details ACHD report (yes/no) Yes Requires ACHD No Commission Action (yes/no) Page 1 Page Page Details Page Access (Arterial/Collectors/State Access via the TM Crossing development; emergency access Hwy/Local)(Existing and Proposed) via W. Verbena Dr. (no public street access proposed) Stub Street/Interconnectivity/Cross Cross -access with adjacent property to west (i.e. TM Access Crossing) C. Project Area Maps Future Land Use Map Legendn Medium Der 0Residentic High Emp Park Civic TM .� Aerial Map III. APPLICANT INFORMATION A. Applicant: SCS Brighton, LLC — 12601 W. Explorer Dr., #200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Mike Wardle, Brighton Corporation —12601 W. Explorer Dr., #200, Boise, ID 83713 IV. NOTICING A. Newspaper notification published on: November 16, 2018 B. Radius notice mailed to properties within 300 feet on: November 13, 2018 C. Applicant posted notice on site on: November 21, 2018 D. Next door posting: November 13, 2018 E. Neighbor meeting date and number of attendees: September 27, 2018; 9 attendees + Applicant Page 2 1i�.y1 V\ 015IIOEIT 1`�.UF The proposed annexation area is within the Area of City Impact boundary and is contiguous to land that has already been annexed into the City. A legal description for the area proposed to be annexed is included in Section VII, Exhibit A. The site consists of land included in the Primrose Subdivision plat designated as a public use area but never developed as such; the site has been being used as a pasture and contains no structures. In 1979, the Meridian City Council vacated the public use area designation on the plat (Ordinance #352). An Affidavit Authorizing Change to Official Plat Record was recorded on September 14, 2018 as Instrument No. 2018-087272, to remove the "public use area" notation on the plat. The Comprehensive Plan Future Land Use Map (FLUM) designation for this site is Low Density Residential (LDR), which allows residential densities of 3 or fewer units per acre. The adjacent property to the west is designated Commercial. Because FLUM designations are approximate and not necessarily parcel specific, the Applicant requests the adjacent Commercial designation be allowed to "float" to this property without an amendment to the FLUM. With this request, Staff recommended the Applicant submit letters of support from abutting affected property owners (i.e. Atwood's, Hennis', Plummer's), which the Applicant has done (see Section VII, Exhibit C). The Applicant submitted two (2) options to these property owners for landscape buffers adjacent to their properties; Option 1, which consists of a 25 -foot wide buffer with 6 -foot tall fence on the property line consistent with UDC Table 11-2B-3, was chosen by all (see Section VII, Exhibit D). Landscaping within this buffer should be provided with development of the site in accord with the standards listed in UDC I I - 3B -9C. The buffer (or right-of-way along the north boundary) should facilitate pedestrian access from the residential to the abutting commercial development as set forth in UDC 11 -3B - 9C.3. Once annexed, the property will be improved as a parking area to serve a future development phase (i.e. professional offices) in the adjacent TM Crossing commercial development to the west; a conceptual development plan is included in Section VII, Exhibit B. The UDC (Table 11-2B-2) allows parking facilities as a principal permitted use in the C -G district; future development must comply with the dimensional standards listed in UDC Table 11-2B-3 for the C -G district and the parking standards listed in UDC 11-3C-5. A continuous pedestrian walkway that is a minimum 5 feet in width should be provided from the parking lot to the main building entrance in accord with UDC 11 -3A -19B.4. There is existing unimproved dedicated right-of-way (ROW), 25 -feet wide, adjacent to the north boundary of the site. The Applicant proposes to provide an emergency only access to the TM Crossing site from this ROW via W. Verbena Dr. as contemplated with TM Crossing subdivision. Access is proposed via a driveway from the west from Navigator Dr. within the TM Crossing development; public access via W. Verbena Dr. is not proposed or required at this time. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25 - foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north is dedicated, a public street connection may occur at that time. This site is separated from I-84 by a 15' wide sliver of land, under different ownership, where the Purdam Gulch Drain is located that appears to be a remnant of land leftover when the interstate was widened. The UDC (Table 11-2B-3) requires a 50 -foot wide street buffer to be provided on properties adjacent to Interstate 84 landscaped in accord with the standards listed in UDC 11 -3B -7C consistent with the Comprehensive Plan (0.06.0217), which requires appropriate landscaping and buffers along transportation corridors. Although this property doesn't directly abut I-84, there is not sufficient depth on that property to provide the required buffer and it's not likely to be improved since it's not part of a larger parcel. For this reason, staff recommends a minimum 35 -foot wide street buffer is provided on this site as a provision of annexation. Additionally, Staff Page 3 recommends the multi -use pathway within the street buffer along I-84 on the adjacent property to the west is extended across this site within the buffer to the east boundary of the site. The City may require a Development Agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff's recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. Prior to development, an application for Certificate of Zoning Compliance and Administrative design review is required to be submitted for the proposed parking area to ensure compliance with the DA provisions in this report and UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning application per the Findings in Section IX with the requirement of a Development Agreement including the provisions in Section VIII. B. Commission: The Meridian Planning & Zoning Commission heard this item on December 6, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None in. Commenting: None iv. Written testimony: Mike Wardle, Applicant (in agreement with staff report) v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: L None d. Commission Changes) to Staff Recommendation: i. None L. Outstanding Issue(s) for City Council: i. None Page 4 VII. EXHIBITS A. Legal Description & Exhibit Map I= 9233 WEST STATE STREET @ B0I5E, IM714 I 2CE.6399,6939 I PAX208,639,69i3t7 October 16, 2018 Project Na. 18.129 Legal Description Exhlbdt A Annexation and ke mne to C -G {General Retail and Service Comrnerdal Mtrlcta A parcel of land being the TM Crossing Expansion Area as shown on that Affidavit of Correction recorded as Instrument No. 2018.087272 of Ada County records which is a Portion of Block 4 of Primrose Subdivision {Bnok25 at Pages 15716-1577 of Ada Q.)unty records) situated in the North 11� of the5outt"st 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada GDunty, Idaho and being more particularty described as follows: Commencing at an aluminum cap marking the South 114 corner of said Section 14, which hears sm'35'54"W a distance of 2,656.81 feet from a 5/Voichl rebar marking the Center -of said section 14, thence Nb[l'3,YWE a distance of 1,3Z8.04 fee[ jo the Southwest roamer of said Primrose 5ubdtvl5lan and belt the PAINT OF BEGINNING. Thence following the westerly, line of said Primrose .Subdivision, NOO'3S'54" E a distance of 440.84 feet to the northwest corner of said TM Crossing Expansion Area; Thence leaving said westerly line and fgllowing the northerly line of said TM Crossing Expansion Area, 559'11'391E a distance of 166.06 feet to the westerly line of Lot ?r Block 4 of said Primrose Subdivision,, Thence leavhng said northerly line and folhawingthe westerly linea} of Lots 1 and 2, Block 4 of said Primrose Subdiwision, SOD 33'54"W a distance of 440.68 feet to the 5mahwest corner of said Lot 2, Block4; Thence leaving said vaesterty fines and. following the scrrrtherly line of said Primrose Subdivislon, NW1452 W a d ista nr=e of 166.34 feet to the P011+lt" 4r REGINNING. Said parcel contains 1.682 acres, mare or km, and Is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is EXHIBIT B a rid byr this reference is made a part of. ENGINEERS I SURVEYORS I PLANNERS Page 5 CENTER OF SECTION 14 i I Cl f 15w1 300 1 Block 3, U 1 ` = 15 �k Primrose �" J Subdivision wi sag, I T'L5LE W. Verbena Dr. 166.08' La ¢ R brp -4-1v w EO 'E M r"` t� E31oek 4, a, C 0 , 4+i V Ln" w b �� imrose Q 4 V) SubdiVision C POINT OF BFG1FjNING Interstate $4 ENGNAMS. SVRVEMRS _ K ANNER! 9233 WEST 5TAYL STAM SE,"HQU@lad PHONE Moak09'EMS FAY (40) W mrE: yJlwzuu FRolELT_ 18-129 SHEET: I OF I �I �I k POINT OF CaMMENGEMENT S 1/4 COINER SECTION 14 Exhibit B Annexation and Rezone to C -G A Portion of Block 4 of Primrose Subdlvisien situated in forth 1/2 of the Southeast 1/4 of Section 14, T3f, RIW, SM, Ada County, Idaho Page 6 B: Conceptual Development Plan u4 o o-ymin o- j o o A u a u F o -u. 9HHANINH s til. t �— .. 00—� s = l , _ I I9 4 URI Approved TM Crossing Subdivision � i of sio-µum � j - S - - 1 �'J lT TM CROSSING EXPANSION AREA _ Agerta I& ftneePt Plan • Tfill Crossing Revised Master Plan !41 Page 7 Exhibit C: Support from Abutting Property Owners I have reviewed and support the concept for the proposed Parking Area Expansion of the TM Crossings project, and agree with Landscape Buffer Option # Darrell (Jay) Atwood, 2290 W. Verbena Dr., Meridlan, ID 83642 1 Signature — - Date -- G have reviewed and support the concept for the prWsed Larkins Area Expansion of the TA4 Crossing project, and agree with Landscape Buffer Option # L_ Edmond HeRnis, 2295 W. Verbena Dr,, Meridian, ip 83642 Signature aturt Date r } I have reviewed end support the concept for the proposed Parking Area Expansion of the TM Crossing project, and agree with Landscape Buffer Option # John Plowman, 1125 W— Lilac St., Meridian, ID 83642 Signature r Page 8 Elate '� o ) i Ir i r— Exhibit D: Landscape Buffer to Abutting Residential Properties rsPr I - LANDSCAPE GRAVEL FIRE MAINE WITH GATE AT EACH END . 25 -FOOT WIDE = LANDSCAPE BUFFER W[TH 6 -FOOT FENCE ON PROPERTY LIME r ��t ' tit 4 -- LANDSCAPE E BUFFER OPTION Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: 1. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII, Exhibit B and the provisions contained herein. 2. A Certificate of Zoning Compliance and Administrative Design Review application is required to be submitted and approved for the proposed parking lot expansion area prior to construction. The site and landscape plans submitted with those applications shall include the following: a. A 25 -foot wide buffer as set forth in UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11 -3B -9C, shall be provided along the north and east property boundaries of the site with a 6 -foot tall privacy fence on these property lines as committed by the Applicant to the property owners of Parcels #R7192800490, #R7192800480 & #R7192800470, as shown in Section VII, Exhibit D. b. A minimum 35 -foot wide street buffer with a 10 -foot wide multi -use pathway shall be provided along Interstate 84, landscaped in accord with the standards listed in UDC 11-313-7C. c. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25 -foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north (Lot 7, Block 3) is dedicated, a public street connection may be required at that time. d. A pedestrian connection shall be provided from the residential neighborhood (i.e. Primrose Subdivision) to the commercial development to the west in accord with UDC 11-313-9C.3. The location of the pedestrian connection may be within the right-of-way adjacent to the north property boundary. e. A continuous pedestrian walkway that is a minimum 5 feet in width shall be provided from the parking lot to the main building entrance in accord with UDC 11 -3A -19B.4. Page 11 B. IDAHO TRANSPORTATION DEPARTMENT (ITD) 9pAHp Your Safety • Your Mobility 4 r Your Economic Opportunity Flow ' October 25, 2018 C.Jay Coles Meridian City Clerk's Office 33 East Idaho Avenue Meridian, Idaho 83642 VIA EMAIL IDAHO TRANSPORTATION DEPARTMENT P.O. Bax 8028 • Boise, IQ 83707-2028 (208) 334-830D • itd.idaho.gov Development Application H-2018-0122 AZ Project Name TM CROSSING EXPANSION Project Location Northeast corner of 1-94/South Ten Mite Road, west of 1125 South Lilac Street, north of I-84 milepost 42.55 Project Description Annexation and Zoning of 1.68 acres of land with a C -G zoning district. Area will be used for parking area expansion for TM Creek Subdivision Applicant SCS Brighton, LLC The Idaho Transportation Department (ITD) reviewed the referenced annexation and zoning application and has the following comments: 1. This project does not abut the State highway system. 2. Idaho Code 40-1910 does not allow advertising within the right -of --way of any State highway. 3. IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Iustin Pond, Program Manager for ITD's Headquarters Right -0f --Way Section at (208) 334-8832 for more information. 4, lTD does not object to the annexation and zoning of the parcel with G -G zoning as presented in the application. If you have any questions, you may contact Ken Couch at (248) 332-7190 or me at (208) 334-8338. Sincerely, 5---1 �� Sarah At ona Development Services Sarah .Arj onaA, i td. idaho. gov Page 12 C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) 0 �� a;5 RACENTRAL DISTRICT HEALTH DEPARTMENT HEALTH Environmental Health Division Fietumto: ❑ ACZ DEPARTMENT Boise Eagle Rezone # ❑ Garden City Conditional Use # �A-ZOL%—OUL r't2-- ❑ Kuna Preliminary 1 Final 1 Short Plat YMeridian l Cxr ��r�� � _ x►� L) star ❑ 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal_ ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data ccnceming snit conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal. we will require more data concerning the depth of: ❑ high seasonal groundwater ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑ 6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After wdtlen approval from appropriate ent ies are submitted, we can approve this proposal for ` IED!ntralsewage LJ community sewage system ❑ communitywatef well � interim sewage qPcentral water U individual sewage L3 individual water 09. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: central sewage Z) community sewage system ❑ community water sewage dry lines Vicentral water U 10, This Department would recommend deferral until high seasonal ground water can be determined d other considerations indicate approval. ❑ 11. If restroom facilities are to be instatled. then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment Cl swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 13. Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be submitted to GDHD. J 14. Page 13 Reviewed By: Review Sheet CC,IT W.1 CENTRAL DISTRICT HEALTH DEPARTMENT D15TRI[:YHF► ah Environmental Health Division DEPARTMENT Rezone # Conditional Use # �J-ZOl$—ON ZZ A2— Preliminary 2— Preliminary I Final 1 Short Plat Return to: l❑ ACZ ❑ Boi se ❑ Eagle ❑ Garden City ❑ Kuna WMleridlan ice_ CA uzjz:�-f r, "1\SVFnn❑ Star ❑ 1. We have No Objections to tfus Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment conceming individual sewage disposal. we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑ 6, This office may require a study to assess the impact of .nutrients and pathogens to receiving ground waters and surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. $. After written approval from appropriate entities are submitted, we can approve this proposal for: j gl3centraf sewage C] community sewage system ❑ community water well ❑ interim sewagecentral water C] individual sewage C3individual water �9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: central sewage 0 community sewage system ❑ community water sewage dry lines VIaentral water 0 10. This Department would recommend deferral until high seasonal ground water can be determined I other considerations indicate approval. ❑ 11. It restroom facilities are to be installed, then a sewage system MIDST be installed to meet Idaho State Sewage regulations. ❑ 12. We will require plans be submif#ed for a plan review for any: ❑ food establishment 0 swimming pools or spas ❑ child care center 11 beverage establishment ❑ grocery store 13. Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be submitted to CDHD. LJ 14. Page 14 A Reviewed By: Date- kU 1 Review Sheet D. NAMPA & MERIDIAN IRRIGATION DISTRICT October 31, 2018 C. ]ay Coles, City Clerk Meridian City ;flall 33 E. Broadway Avenue Suite 102 Meridian, ID 83642 1503 FIRST STREET SOUTH FAX #2011463.0692 cavi Q1.t,rz � NAWA, DAHO836514395 rrnid.org OFFICE: Nuripe 23B-46&-7861 S!"' Nam 205-46643663 RE: H20184122 AZ, TM Crossing Expansion; E of S Ten Mile on N5 of 1-84 Dear C. Tay, Nampa & Meridian Irrigation District (NNM) has no comment on request for annexation and zoning changes only. However, NMID will require a filed Land Use Change Application for review, prior to final platting, as the District's Purdam Drain lies along the south boundary of this property. The District's easement for the flurdam Drain at this location is a minimum of eighty five feet (85') total, thirty five feet (35') left and fifty feet (50") right from centerline facing downstream. This easement must be protected. Any construction or encroachment prier to a signers License Agreement and approved plan is unacceptable. All municipal surface drainage must be retained on-site. If any municipal surface drainage leaves the site, NMID must review drainage plans. Developers must comply with Idaho Cade 31-3805. Sincerely, &ire Curtis Nater Superintendent Nampa & Meridian Irrigation District C'GC/ cc Cc: Office/ file Page 15 APPRO)WMTE RRr-AJ EA0?E5 RMER FLOW RW --H5 -13)XQ &DISE PROJECr RIGHTS -46,090 02 November 2018 Michael D. Wardle Brighton Corporation 12601 W. Explorer, #200 Boise, ID 83713 r 15W FIRSTSIREEr SOUTH NAMPA, IDAHO 83651-4345 FAX # d i-U[PA2 nnvd,org OFRCE NmW 23"66-7861 SHOP: Wwrpn 20046&W63 RE, Land Use Change Application — TM Crossing Expansion Please nate the District now requires three (3) sets of plans Dear Mr. Wardle: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal cfteck, it must clear the bank before processing the application. Should this development be planning a pressurized urban irrigation system that will be owned. operated and maintained by the Irrigation District, I strongly urge you to coordinate with Greg G_ Curtis.. Water Superintendent for the Irrigation District. concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the [district's office: or Greg G. Curtis, at the District's shop. Sincerely, Elke Adams. Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT EAlcm g cc= File Water Superintendent Meridian City, City Clerk's Office 33 E. Broadway Ave., Ste 102 Meridian, ID 83642 enc, Page 16 wRC-4I ACRE RINFIR FLOW -ZUM BOWS PROJKT MUMS - 40.0m E. ADA COUNTY HIGHWAY DISTRICT (ACHD) ACHD November 16, 2018 To: Mike Wardle SCS Brighton, LLC 12601 W. Explorer ## 200 Boise, [D 83713 Subject: MER18-01231 H-2018-0122 AZ East of Ten Mile Road Annexation and rezone for parking lot expansion Sara M. Baker, Pre4dent Rebecm W- Arnold, Vim President Tim D. Hansen, Commissioner Kent GokMwxW, Commissioner Paul Woods. Commissioner north Of 1-84 In response to your request for comment. the Ada County Highway District has reviewed the submitted application and site plan for the item referenced above.. It has been determined that ACHO has site specific conditions of approval for this application. A. Findings of Fact 1. Unopened Right -of -Way — Verbena Drive a. Existing Conditions: There is 25 -feet of unopened right-of-way for Vebena Drive abutting the site's north property line. b. Applicant's Proposal: The applicant has proposed to construct a gravel emergency access drive aisle within the unopened right-of-way for Verbena Drive. The applicant has proposed to install gates within the right-of-way on the east and west end of the emergency access drive aisle.. Staff Comments/Recommendaticns: The applicant's proposal to construct an emergency access drive aisle within the existing unopened right-of-way for Verbena Drive is consistent with ACHD's 2013 approval of Ten Mile Crossing Subdivision, which required the construction of an emergency access though the unopened right-of-way for Verbena Drive if secondary emergency access could not be obtained or the proposed stub streets are not extended prior to the second phase or any phase of the Ten Mile Crossing development exceeding 10. 526 vehicle trips per day, However, the applicant's proposal to install gates an the east and west ends of the right-of-way is not approved, as proposed. Idaho Code 40-2319 prohibits obstructions such as gates, fences, etc- from being located with right-of-way- If the Meridian Fire Department requires the emergency access to be gated, then the gate should be located outside of the right -of -way - The emergency access drive aisle should be constructed meeting the requirements of the Meridian Fire Department and the applicant should be required to enter into a license agreement with ACHID for use of the unopened right -of -way - Ada County Highway district • 3775 Adams Sheet • Garden City, [D • 83714 - PH 208-387-6100 • FX 345-7650 - www,achdid-aho.org Page 17 B. Site Specific Conditions of Approval 1. Enter into a license agreement with ACHD for use of the unopened right-of-way for Verbena Drive, as an emergency access drive aisle. 2. Construct an emergency access only drive aisle within unopened right-of-way for Verbena Drive meeting the City of Meridian Fire Department standards. 1 If a gate is required. install the emergency access only date outside of the right-of-way for Verbena Drive. Gates are prohibited within the right-of-way. 4. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 5. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 5. plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7. Comply with the Standard Conditions of Approval as noted below. C. Traffic Information Trip Generation This development is not estimated to generate any additional traffic, as a parking lot is an axuilary use for the TM Crossing development. D. Attachments 1. Vicinity Map 2. Site plan 3. Standard Conditions of Approval 4. Appeal Guidelines Ada County Highway District • 3775 Adams Street * Garden City, ID + 83714 . PH 208-387-6100 . FX 345-7650 • wwww.acindicbho.org Page 18 If you have any questions, please feel free to contact me at (208) 387-8178. Sincerely, Mindy Wallace, AICD Planner III Development Services cc: City of Meridian Ada County Highway DsWd • 3775 Adams Street - Garden City, ID - 83714 - PH 208-387-6100 • FX 345-7650 • wwrwr.a"idaho.org Page 19 VICINITY MAP r Un©pend Right-cf-Way t� �W8InOrstAd. U4 — S0. IiIbLRyt�leEE9till vv11#; dO ER IA[nA:me84 s E6 lmw.tate 84 LW Exit 42 Ada County Highway District • 3775 Adarns Street • Garden Cky, IID • 83714 ■ PH 208-387-6100 + FX 345-7630 + www.adxfidahD.org Page 20 Standard Conditions of Approval 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). 2_ Private Utilities including sewer or water systems .are prohibited from being located within the ACHD right -of -way - 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 rF-vi€-w 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 387-6286 (with file number) for details. 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. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7_ It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cast 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. 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_ 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. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 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 waiverlvariance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Highway District - 3775 Adams Street - Carden City, 11D - 83714 - PH 208-387-610D • FX 345-7650 - www.achdidaho.org Page 21 SITE PLAN �I fr TM CROSSING FUTURE BLDG TTI I i ITFFITFIFFMTFFFTI, _{-III W1 Pa — F!L. A'ilril�!!1 ---- — �iL Ptd �o a HENNIS PA ILING AJWA .WJi1111 S — PAL PiL Ada County Highway District . 3775 Adams 5bvd • Garden City, ID • 83714 - PH 208-387-610D • FX 345-7650 - www.adrdkJaha.cxrg Page 22 Request for Appeal of Staff Decision Appeal of Staff 'Decision: The Commission shall hear and decide appeals by ar applicant of the final decision made by the Development Services Manager when it h alleged that the Development Services Manager did not properly apply this sectioi 7161.6, did not consider all of the relevant facts presented, made an error of fact 0 law, abused discretion or acted arbitrarily and capriciously in the interpretation 0 enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals.. to cover administrative coats. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name. address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the fling of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant (Cr discuss the matter, and may also consider and/car modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing can the appeal. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager's reply to the notice of appeal_ A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing_ e, Action by Commission: Following the hearing, the Commission shall either affirm Or reverse, in whole or part. or otherwise modify, amend or supplement the decisicn being appealed, as such action is adequately supported by the law and evidence: presented at the hearing. Ada Count{ Highway Riskridt . 3775 A,darns Street • Carden Uy, TD + 83714 • PH 208-387-6100 + FDC 345-74550 • wwrw,achdkUho.org Page 23 IX. FINDINGS 1. ANNEXATION & ZONING (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 a 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 -G zoning district is consistent with the Comprehensive Plan FLUM designation of Commercial that is being "floated" to this site from the adjacent property to the west. (See section V 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 -G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. The abutting neighbors have submitted letters in support of the proposed map amendment. 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 11-513-3.E). The Commission finds the proposed annexation of this property is in the best interest of the City. Page 24