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Home My WebLink AboutAshtyn Park AZ 05-020 MERIDIAN PLANNING &. ZONING MEETING APPLICANT David Price June 2, 2005 ITEM NO. 17 REQUEST Public Hearing: Annexation and Zoning of 2.3 acres to L-O zone for Ashtyn Park - SWC of North Meridian Road and West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY SEWER DEPT: CITY PARKS DEPT: No Comment ~oW\~~ J ~rO\J~ , út ~Ã) CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached Comments No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: No Comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: 12 d Contacted:'" (J t ...{lú /' - Emailed: Date: (; - ('~o5 Staff Initials: Phone: é[31~ {¡ 3>(l\~ Materials presented at public meetings shaH become property of the City of Meridian. I MAYOR Tammy de Weerd '1. olfe;;dl~ñ ' IDAHO "', LEGAL DEPARTMENT (208) 888-4433 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Transmittal Date: May 27, 2005 Hearing Date: June 2, 2005 To: Mayor, City Council and Planning & Zoning Commission . '-)" '1't' "1 .I~-!, .I"\r]~~"; "r'~ .R.:Ei t/ ,.<"., .' ..","J"", MAY 2 7 2005 From: Craig Hood, Associate City Planner (lH Michael Cole, Development Services Coordinator rv\ c.. Cj~y Of Merid1~an City Clerk Office Re: Ashtvn Park Annexation . Request for Annexation and Zoning (AZ) Approval of 2.9 Acres from R4 (Ada County) to L-O (Limited Office District), by David Price (File No. AZ-O5-020) We have reviewed this submittal and offer the fallowing comments. These comments shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & HISTORY The applicant, David Price, has requested Annexation and Zoning (AZ) approval of 2.9 acres (2.3 aCres exclusive of right-of-way) from R4 (Ada County) to L-O (Limited Office District). The subject property is located on the southwest comer ofU stick Road and Meridian Road. Currently, the site is zoned R4 in Ada County and contains two homes and an outbuilding. The applicant intends to remove the existing structures, one of which is currently in the right-of-way for Ustick Road, and construct an office development. Approval of the subject AZ application would allow the applicant to obtain an office zone. According to current City Code, professional and sales offices and clinics are principally permitted in the proposed L-O zone (MCC-II-8-I). The applicant has submitted two conceptual site plans ofhow this site may be developed with office buildings. The applicant states, in the submittal letter, that the subject property makes a good site for an office development because ofthe frontage on two arterial streets, the relation the property has to adjacent properties and easy access to the site for patrons coming from the north (see the applicant's submittal letter). On the submitted conceptual plans, the applicant has depicted one access to Meridian Road. The driveway is located approximately l50-feet south of Us tick Road and aligns with Eastbrook Court to the east. ACHD has approved this driveway location. Please see Finding "J" and Special Consideration #1 below for detailed analysis of vehicular access to the subject site. In 2003, after the current Comprehensive Plan was adopted, a record of survey for a property boundary adjustment was done on Lots 3 and 4 of Strasser Farms Subdivision. Lot 4, which was 1.1 AZ-05-020 Ashtyn ParkAZ,doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 2 acres, became 2.3 acres (not including right-of-way) after the record of survey was done and the remainder of Lot 3 became 5.5 acres. Prior to the record of survey, all of Lot 3 was designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot 4 was designated Medium Density Residential, as there was, and still is an existing dwelling on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the subject site (1.1 acres, exclusive of right-of-way) is designated Medium Density Residential on the Comprehensive Future Land Use Map, while the southern half (1.2 acres, exclusive of right- of - way) is designated Public/Quasi-Public. The applicant is not proposing residential or public quasi-public zones/uses for this site. However, the City recently approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." See Annexation & Zoning Analysis "A" below for detailed analysis of the requested zone and its relationship to the Comprehensive Plan. In late 2004, applications were filed with the City for annexation and zoning of this property to C-C (AZ-04-032), and to modify the Comprehensive Plan Future Land Use Map designation ofthis site to commercial (CP A-04-004). After an unfavorable recommendation from the Planning & Zoning Commission, the applications for the comprehensive plan map amendment and annexation were withdrawn for the Maverick Country Store. Staffis recommending approval of the subject annexation request to L-O, with a requirement for a development agreement as outlined in this report. LOCATION The subject site is located on the southwest corner of Ustick Road and Meridian Road, within Section 1, Township 3 North, Range 1 West. SURROUNDING PROPERTIES North: Settlers Park, zoned L-O South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada County). East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County) West: Presbyterian Church, zoned R4 (Ada County) The properties directly to the north (park) and west (church) are designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map. The properties to the east and south are both designated Medium Density Residential on the Future Land Use Map. The northeast corner ofU stick and Meridian is also designated Medium Density Residential, but as part of the Sundance Subdivision the corner has been approved for office uses as a use exception to the primarily residential development. AZ-OS-020 Ashtyn ParkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 3 Settlers Park, to the north of this site, is currently being improved. The church to the west and the residences to the east are built out. Staff anticipates that the large lots platted with Strasser Farms to the south of the subject site, will soon redevelop with higher residential densities. As mentioned above, the northeast comer of Us tick Road and Meridian Road has been approved for office uses. Construction of the office use exception to Sundance Subdivision has not yet begun. CURRENT OWNERS OF RECORD Presbytery of Boise is the current property owner and Blair Clark, President of Presbytery of Boise, has submitted notarized consent for David Price to submit the subject applications. ANNEXA nON & ZONING ANALYSIS According to Ordinance II-IS-II, General Standards Applicable to Zoning Amendments, both the P &Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in II-IS-II and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; As noted in the summary above, the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential" for the northern half, and "Public/Quasi-Public" for the southern half. The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities ofthree to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). Chapter VII ofthe Comprehensive Plan defines Public, Quasi- Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. The City recently approved Resolution No. 04-454, which amended Chapter VII, Section I, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on two arterial streets (Meridian Road and Ustick Road) and is less than 3 acres in size (2.9 acres total). Because a majority of the property is AZ-O5-020 Ashtyn ParkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 4 designated for residential use, but the property is only 3-acres in size and is located on an arterial/arterial intersection, staffbelieves that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office uses. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plans, the applicant is proposing a single access to Meridian Road, approximately 15 O'¡eet south of Ustick Road. A CHD has approved one access to the site as proposed. See Finding "J" and Special Consideration #1 below for further analysis. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road and Ustick Road are designated arterial streets. By City Ordinance, a 25'¡00t wide landscape buffer is required adjacent to Meridian Road and Ustick Road (MCC 12-13-10-4). Landscape buffers along Meridian Road and UstickRoad will be required by the City with CZC/Subdivision approval. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaping. . "Permit new. . . commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via Settlers Park to the north. Sanitary sewer and water are available to this parcel. AZ-05~O20 Ashtyn ParkAZ-doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 5 . "Plan for a variety of commercial and retail opportunities within the hnpact Area." (Chapter VII, Goal!, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. Stafffinds that the new zoning to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for office users). B. Is the area included in the zoning amendment intended to be rezoned in the future; Concun-ent with the annexation and zoning application, the applicant has submitted two conceptual site plans. These site plans depict six office buildings on this property. Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated office/clinic uses may be allowed in the requested L-O zone. Please see Finding "C". c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that professional offices, laboratories, libraries and medical clinics would be pennitted uses within the requested L-Q zone. As mentioned above, however, there is no detailed development plan proposed at this time. There are several uses in the requested L-O zone that can occur with conditional use pennit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site. Please see Special Consideration #2 below. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the recent annexation and zoning of Sundance Subdivision, Cedar Springs Subdivision, Salisbury Subdivision, and the recent construction of Set tIers Park directly north of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and neither Ustick Road nor Meridian Road roadway improvements abutting this site are in the current ACHD Five-Year Work AZ-O5-020 Ashtyn ParkAZ,doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 6 Program. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. Although this area was intended for residential and public/quasi-public uses when the 2002 Comprehensive Plan was adopted, staff finds that an office zone also complies with what is intended for this intersection, as Resolution No. 04-454 allows the City Council to consider office uses in this location. Staff finds that the design of the submitted conceptual layouts for office buildings could be harmonious with the adjacent properties if cross-access is provided to the parcel to the west (church). Staff further finds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future usee s) should be harmonious and appropriate in appearance with the character of the overall area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial ( office) vehicular access to this site could cause a potential disturbance/hazard to existing and/or future uses. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north and west as public/quasi-public, and to the south and east as medium density uses. The Commission and Council should rely on public testimony to determine whether the proposed L-O zoning will be disturbing or hazardous to the neighboring uses. Staff finds that the use ofthis site for professional office/clinic type uses should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. In addition to staffs analysis, the Commission and Council should rely on public testimony to determine whether or not the potential disturbance of allowing a commercial access int%ut of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; AZ-O5-0Z0 Ashtyn ParkAZ_doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 7 Sanitary sewer is available in Meridian road, and water is available in Meridian Road and Ustick Road. The eight inch line through this property is a private service and is not eligible for additional hookups. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On May 13,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Subdivision approval process. The primary public costs to serve the future uses will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject annexation and zoning application is approved, the applicant intends to construct six office buildings on this site. Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residences. The level of impact will depend upon the type of future use(s) and the square footage of the buildings. Staff recognizes that traffic and noise will increase with the approval of this development; however, do to the smaller size of the site staff does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and AZ-O5-020 AshtYll ParkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 8 similar uses. . . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCC 11- 7 -2. G) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare ofthe area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, staff believes that a Development Agreement is necessary to ensure that the purpose of the L-Q zone is maintained. Please see Annexation & Zoning Facts and Comments below. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; This parcel has a limited amount of frontage on both Meridian Road and Ustick Road. Therefore, any driveway to the site is going to be close to the intersection. The applicant is conceptually proposing a driveway approach to Meridian Road that aligns with Eastbrook Court to the east. ACHD consider access points in their analysis of development applications and has approved this vehicular approach. Staff believes that this is the best location for an access, but it may be restricted to right-in/right-out movements in the future if safety does become an issue. To help future traffic flows in this area, staff believes that cross access between the subject property and the church property to the west should be provided. If cross access is provided then patrons of the church can access Meridian Road without going through the UstickiMeridian intersection and the proposed office development can access Ustick Road. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows. Further, staff finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the property to the west (church) is provided. See Special Consideration #1 below for more analysis. The Commission and Council should rely on public testimony, ACHD staff, and City staff's analysis when detennining whether or not a vehicular approach to Meridian Road, will create an interference with traffic on surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and AZ-O5-020 Ashtyn ParkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 9 finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by B & A Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly north, and northeast ofthe subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, staff finds that the annexation/zoning of this property would be in the best interest ofthe City. NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. SPECIAL CONSIDERATIONS (ANNEXATION & ZONING) 1. Access: Vehicular access to this property is a challenge. This property has approximately 255 feet of frontage on Ustick Road and 390 feet of frontage on Meridian Road. ACHD policy requires right-in/right-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has enough frontage to meet the District's policy, there is an existing roadway, Eastbrook Court, that creates potential turning conflicts if a driveway were to be located 220 feet south of U stick Road. Therefore, the applicant is proposing a driveway that is approximately 150 feet south of Ustick Road and in alignment with Eastbrook Court in Eastbrook Subdivision. Typically ACHD would restrict this driveway by requiring the applicant to construct a raised median in Meridian Road. However, ACHD tries to keep all public right-of-ways as full access, so no median is being required because it would also restrict turning movements from Eastbrook Subdivision to right -in/right-out only. When the UstickiMeridian intersection is signalized, or if safety of this driveway should become an issue, the ACHD may restrict the access to right-in/right-out only. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to the church to the west. The idea with providing cross access to the church is that when the church expands and/orredevelops, cross access will be reciprocated to the proposed office development. If cross access is provided then patrons of the church can access Meridian Road without going through the Ustick/Meridian intersection and the proposed office development can have access Ustick Road. NOTE: Staff will work with the subject applicant and the church on designing a plan that discourages cut-through traffic. See Annexation & Zoning Facts and Comments #2 below. AZ-O5-020 Ashtyn Park.AZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 10 2. Future Development: Office Use: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally pennitted uses within the requested L-O zone. Staffbelieves that these principally pennitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-O zone with conditional use pennit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to office/clinic type uses. This recommendation is intended to protect the neighbors from more intense commercial uses that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04-454 (light office, low-impact businesses) are upheld. See Annexation & Zoning Facts and Comments #3 below. NOTE: Staff has not consistently recommended that all properties requesting L-O zoning through Resolution No. 04-454 be restricted as noted above. In other instances it seemed more appropriate to have all uses/buildings, even if they were professional offices, within an area proposed for L-O zoning to obtain CUP prior to construction/operation. Staffhas been factoring things like number of potential buildings on the site, proximity to and nature of adjacent land uses, and location of the property (is it on a 2-lane minor arterial with relatively low traffic volumes or is it on a 5-lane highway) when making recommendations for use restrictions. Unless otherwise approved, all future L-O zoning requests through Resolution No. 04-454 will be restricted to: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services. According to MCC 11-19-I-A, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued only in confonnity with the provisions of this Title and shall be required before the issuance of a building pennit. Prior to construction of any building on this site, a certificate of zoning compliance pennit should be obtained. Upon annexation and zoning of the property to L-O, the existing residences will become legal non-conforming uses. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L-O zone. Prior to occupancy of any building for office use on this site, a certificate ofzoning compliance permit should be obtained. See Annexation & Zoning Facts and Comments #3 below. Hours of Operation: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Because this site abuts single-family residences, staff is recommending that the hours of operation for businesses on this site be AZ-O5-020 Ashtyn ParkAZ.doc J AZ-O5-020 Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 11 limited through a Development Agreement from 7 am to 7 pm. See Annexation & Zoning Facts and Comments #3 below. Landscaping: Meridian Road and Ustick Road are classified arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (MCC 12-13-10- 4). Landscape buffers along Meridian Road and Ustick Road will be required by the City with CZC/Plat approval. If the subject annexation and zoning application is approved, L-O property will be adjacent to rural residential properties zoned RUT in Ada County and a church. To buffer the existing land uses to the south and west from future commercial office uses on this site, landscape buffers along the perimeter ofthe site should be installed when a CZC/Plat is approved (see MCC 12-13-12). Parking: For professional offices, parking stalls are cuITently required at the rate of one space per 400 s.f. of gross floor area (MCC 11-13-5.B). 3. Sanitary Sewer: There is an existing 8-inch private sewer service that bisects this property, it is not a city-owned facility and would not be eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available in Meridian road and water is available in both Meridian road and Ustick road. ANEXA nON & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 11-10-04, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The apulicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc. . That no building or other structure shall be erected, moved, added to or structurally Ashtyn ParkAZ_doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 12 altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services. . That the hours of operation shall be limited to 7 a.m. to 7 p.m., unless otherwise modified through a Conditional Use Permit. . That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. . That the applicant agrees to provide cross-access to the church parcel to the west, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. . That vehicular access to this site shall be restricted to those approved by ACHD and the City. OTHER AGENCY /DEP AR TMENT COMMENTS MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-O4-029) 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. AZ-05-020 Ashtyn ParkAZ,doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 13 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The 6 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of5' from the building to the dumpster enclosure. 8. Provide a Knoxbox entry system for the complex prior to occupancy. 9. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 10. Provide exterior egress lighting as required by the International Building & Fire Codes. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 12. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN PUBLIC WORKS DEPARTMENT AZ-O5-020 Ashtyn ParkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 14 1. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. All grading of the site shall be performed in conformance with MCC 11-12-3H. 10. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 12. All irrigation ditches, laterals or canals, exclusive of natural wateIWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, AZ~O5-020 Ashtyn ParkAZ,doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 15 alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 13. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 14. Two-hundred- fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 15. Applicant's engineer shall be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ADA COUNTY HIGHWAY DISTRICT (ACHD) Site Specific Conditions of Approval 1. Dedicate 60-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. 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 owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right- of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 3D-foot wide curb return type driveway that intersects Meridian Road approximately ISO-feet south of the Ustick Road, as proposed. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. AZ-O5-020 Ashtyn ParkAZ.doc - - . - ---.0-- Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 16 3. Construct a 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Construct the sidewalk a minimum of 53-feet fÌom the centerline of Us tick Road. 4. Other than the access point that has specifically been approved on Meridian Road, direct lot access to Meridian Road and Ustick Road is prohibited. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street fÌontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant AZ-O5-020 Ashtyn ParkAZ.doc - -".oL-"'"",-1:--' Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 17 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. RECOMMENDA nON Staff is recommending that the property be annexed into the City with an L-O zoning designation with the aforementioned Annexation & Zoning Facts and Comments included in a Development Agreement. AZ-O5-020 Ashtyn ParkAZ,doc " < ;;aa. -- !lit ..tII'f" ~ - ~ ...., 1 ~ ~ ~ ~ (Jø~uttð ~ John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner May 3, 2005 Subject: David Price 2291 Greenview Court Eagle Idaho 83616 Ashtyn Park I MAZ-05-020 Rezone SWC Meridian Road and Ustick Road 'RE~ (~; l~~ I\lE I) MAY 0 5 2005 To: City Of Meridian City Clerk Office On May 3, 2005, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Andrea N. Tuning Planner III Right-of-way & Development Services, Planning CC: Project file, Construction Services, Utilities City of Meridian Presbytery of Boise 50 Maple Drive Weiser Idaho 83672 Ada County Highway District. 3775 Adams Street. Garden City, ID . 83714 . PH 208-387-6100 . FX 345-7650 . www.achd.ada.id.us ..J ~ Right-of-Way & Development SefYices ,,¿tIlt -!2\i..,..i.\ Planning Review Division ~'- (h,~uttø ~ This application does not require Commission action and is approved at the staff level on Tuesday May 2, 2005. Tech Review for this item was held with the applicant on Friday April 29, 2005. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208-387-6177- phone, 208-387-6393-fax, atuninaCâlachd.ada.id. us File Numbers: Ashtyn Park Subdivision / MAZ-O5-020 Site address: SWC Meridian Road and Ustick Road Owner/Applicant: Presbytery of Boise c/o Joyce Mills and Blair Clark 50 Maple Drive Weiser Idaho 83672 Representative: David Price 2291 Greenview Court Eagle Idaho 83616 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation and rezone approval. The site is currently zoned R4 and is proposed to be rezoned to L-O. The site is located on the southwest comer of Meridian Road and Ustick Road. Acreage: 2.298-acres Current Zoning: R4 Proposed Zoning: L-O Buildable Lots: 6-lots Common Lots: 1-lot Vicinity Map i 1'B:'î'--~ ¡I~ : i I ,-- - -~) 1==== r""", , _l ...__"_"m_"--- i ,,--.-- -. ",--"------",--""",,,,------1 i : l~:~)::~,-, ',."..--~-"'._!,._,,.i,,_i~_.---'.'.',-,.-,-, í"'--r"".-'-'~'~:'i:,.'t,':I-,:-_.,'\'-(~.~,.,-,-~~,',',-,. .,.-:_-=-."~.""II; ,I ',~ :' '.~""""- , ~ - ~- -_:-~, :~ '-~ ê,}~~/~J 1 A. 1. 2. 3. 4. Findings of Fact Trip Generation: This development is estimated to generate 290 additional vehicle trips per based on the Institute of Transportation Engineers Trip Generation Manual. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. Traffic Impact Study: A traffic impact study was not required with this application. Site Information: The site currently has two single-family residences. 5. Description of Adjacent Surrounding Area: a. North: 58-acre City Park b. South: 5.270-acres zoned RUT c. East: Eastbrook Subdivision and 1.489-acre site zoned R1 d. West: 5.540-acres zoned RUT 6. Impacted Roadways Ustick Road: Frontage: Functional Street Classification: Traffic count: 255-feet Minor Arterial West of Meridian Road was 6,349 on 4-23-02 East of Meridian Road was 7,142 on 4-23-02 Level of Service: Better than C Speed limit: 40 MPH An acceptable Level of SelVice for this segment of roadway is a Level of SelVice 0 based on COMPASS planning thresholds Meridian Road: Frontage: 390-feet Functional Street Classification: Minor Arterial Traffic count: South of Ustick Road was 7,355 on 4-23-02 Level of Service: Better than C Speed limit: 35 MPH An acceptable Level of SelVice for this segment of roadway is a Level of Service 0 based on COMPASS planning thresholds The Ustick Road and Meridian Road intersection currently operates at a Level ot Service F. 7. Roadway Improvements Adjacent To and Near the Site Ustick Road is currently improved with 2-traffic lanes (24-feet of pavement) with NO curb, gutter or sidewalk abutting the site. Meridian Road is currently improved with 3-traffic lanes with vertical curb, gutter and sidewalk abutting the site. 8. Existing Right-of-Way Ustick Road has a total at 58-feet of right-of-way (33-teet from centerline). Meridian Road has a total of 80-feet of right-at-way (40-feet from centerline). 9. Existing Access to the Site The site has an existing 3D-foot wide driveway that intersects Ustick Road approximately 185-feet west of the curb line of Meridian Road. 2 10. Site History The District previously reviewed this application as a comprehensive plan amendment. Prior to District and the City of Meridian acting on the proposal, the comprehensive plan amendment application was withdrawn. 11. Ustick Road and Meridian Road Intersection The Ustick Road and Meridian Road intersection is currently stop controlled. The District has obtained two public right's of way road trust deposits for the signalization of this intersection in the future. 12. Capital Improvements PlanlFive Year Work Program The segments of Ustick Road and Meridian Road that abut this site are not included in the District's Five Year Work Program. Although this segment is not included in the District's Five Year Work Program, the Ustick Road and Meridian Road intersection will be reconstructed as a part of the Ustick Road (Meridian Road to Locust Grove Road) project. The reconstruction of this intersection is estimated to be between 2016 and 2020. B. Findings for Consideration 1. Meridian Road Right-oF-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5~lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. . Typically the District requires the dedication of 48-feet of right-of-way from the centerline of an arterial roadway. The District will not acquire the full 48-feet of right-of-way abutting this parcel due to the fact that Meridian Road was identified as a future 3-lane roadway as a part of the North Meridian Traffic Impact Study. Although Meridian Road is anticipated to be a 3- lane roadway. the Ustick Road and Meridian Road intersection is anticipated to be a 4 by 6 intersection (4-lanes on Meridian Road and 6 lanes on Ustick Road). Due to the fact that there is 40-feet of right-of-way existing on Meridian Road (from centerline); the applicant will not be required to dedicated additional right-of-way with this application. This right-of-way will accommodate for the 4-lanes that are anticipated to be constructed in the future. Improvements District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). . Meridian Road is currently improved with 3-traffic lanes with curb, gutter and sidewalk abutting the site. Due to the fact that Meridian Road is fully improved at this time. the applicant will not be required to construct additional improvements on Meridian Road. Driveways District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled intersection to be located a minimum of 220-feet from the intersection for a full-access driveway and a minimum of 150-feet from the intersection for a right-in/right-out only driveway. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 3 2. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. . The applicant is proposing to construct a 30-foot wide curb return type driveway that intersects Meridian Road approximately 150-feet south of the Ustick Road. District policy requires driveway located on arterial roadways to be constructed a minimum of 150-feet from a stop controlled intersection for a right-in/right-out driveway ONL V and a minimum of 220-teet from a stop controlled intersection for a full access driveway. The applicant's proposed driveway location meets District policy tor a right-in/right-out driveway ONL V and is located in alignment with Eastbrook Drive. Typically the District would require the applicant to install as-inch raised median in Meridian Road to ensure that the driveway functioned as a right-in/right-out driveway ONL V, but the District tries to keep all public right-ot-ways as full-access (Eastbrook Drive). Due to the fact that the driveway is in alignment with Eastbrook Drive, the District will allow this driveway to be a full-access driveway. It the Ustick Road and Meridian Road intersection should become signalized in the future or safety ot the driveway should become an issue, this driveway will be restricted to a right-in/right-out driveway ONL V. Ustick Road Right-of- Way District policy requires 9S-feet ot right-of-way on arterial roadways (Figure 72-F1 B). This right-ot-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. . Typically the District requires the dedication of 48-feet of right-of-way from the centerline of an arterial roadway. The District does require additional right-ot-way at the intersection ot two arterial roadways when the intersection is anticipated to widened and signalized in the future. Due to the tact that the Ustick Road and Meridian Road intersection is anticipated to be a 4 by S intersection (4-lanes on Meridian Road and S-Ianes on Ustick Road) the District will be acquiring additional right-ot-way. The additional right-of-way will accommodate for signal equipment and an additional left turn lane or a free right turn lane on Ustick Road. The applicant should dedicate SO-feet of right-ot-way from the centerline of Ustick Road abutting the parcel. Improvements District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). . The applicant should construct a 5-toot wide detached concrete sidewalk on Ustick Road abutting the site. The sidewalk should be constructed a minimum ot 53-teet from the centerline of Ustick Road. Driveways . The applicant has not proposed to construct a driveway on Ustick Road. District staff is supportive ot the applicant's proposal to have sole access on Meridian Road. 3. Cross Access The applicant has discussed the possibility of obtaining cross access with the church located directly to the west. Staff is supportive of cross access in this area. The applicant should obtain written approval from the property owner to the west allowing cross access among the parcels. ***The cross access may utilized tor approved access points only. No new access points to Ustick Road will be allowed. 4. 4 Other Access C. 1. Ustick Road and Meridian Road are classified as minor arterial roadways. Other than the access point that has specifically been approved on Meridian Road, direct lot access to Meridian Road and Ustick Road is prohibited. Site Specific Conditions of Approval Dedicate 60-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. 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 owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 30-foot wide curb return type driveway that intersects Meridian Road approximately 150- feet south of the Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Construct a 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Construct the sidewalk a minimum of 53-feet from the centerline of Ustick Road. 4. Other than the access point that has specifically been approved on Meridian Road, direct lot access to Meridian Road and Ustick Road is prohibited. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 2. 3. 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. 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. 4. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval. prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5 8. 9. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 (1-800-342-1585) 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. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. 2. 3. Vicinity Map Site Plan Appeal Guidelines 6 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or 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 costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, 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 ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or 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 on the appeal. d. 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 ROWDS 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 decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 I - - " I I rr=r=- 8 II Development Process Checklist II !ZJSubmit a development application to a City or to the County !ZJThe City or the County will transmit the development application to ACHD !ZJThe ACHD Planning Review Division will receive the development application to review I8]The Planning Review Division will do ~ of the following: DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time. DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also appl: to this development application. !8IWrite a Staff level report analyzing the impacts of the development on the transportation system and evaluating th( proposal for its conformance to District Policy. DWrite a Commission level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Polley. I81The Planning Review Division will hold a Technical Review meeting for all Staff and Commission level reports. DFor All development applications, including those receiving a "No Review" or "Comply With" letter: . The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Revie'" Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) . The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of~way, includin, but not limited to, driveway approaches, street improvements and utility cuts. DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) 0 Driveway or Property Approach(s) . Submit a "Driveway Approach Requesr form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. 0 Working In the ACHD Right-of-Way . Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) 0 Sediment & Erosion Submittal . At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. 0 Idaho Power Company . Vie Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being scheduled. 0 Final Approval from Development Services . ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9 ! Figure 1 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET June 2, 2005 ITEM # 17 DATE PROJECT NUMBER AZ 05-020 Ashtyn Park PROJECT NAME NAME (PLEASE PRINT) FOR AGAINST NEUTRAL DJiW~j) j)~u5 X j .' '! ASHlYN PARK DEVEWPMENT c~ø1) -c"\';:¡j '-'j";.-,.", ~"ì ,~"),, ~:\\':'\- \:; ,.,.< 'd\.aß { ~el"Òffice C\.t~ oc:\e':)J.. C\W TO: City of Meridian Planning and Zoning Board Date: Public Hearing of June 2, 2005 Developer: David N. Price Dear Board Members: I appreciate the opportunity to meet before you this evening and present my proposal for annexation and rezoning of property I am in the process of purchasing, located at the southwest comer of the U stick and Meridian Roads intersection. Before proceeding, I would first like to express my appreciation to Ms. Anna Canning, the Planning Director, who was kind enough to take time from her busy schedule to meet with me and share her experience in behalf of this project. Secondly, I would like to thank Mr. Craig Hood, an Associate Planner for the City, who through several meetings and many phone conversations, helped give me direction and guidance through this process. I appreciate the staff recommendation to approve this request. I feel this L-O rezoning will enhance the development of the local community while providing a location for services that are both desirable and potentially essential to the vitality of the sun-ounding neighborhood. Professional offices that include health services such as dentists, medical doctors, chiropractic physicians, physical therapy, or an urgent care facility would add convenience stability and service quality to the local area. Other professional uses could include accounting, insurance, consulting firms, small business offices, attorneys, or real estate offices, to name just a few. I believe the location of a city park to the immediate north of the property, the heavily traveled arterials lining the east and north boundaries of the property, as well as the neighboring church to the immediate west of the site, make it a location much more suitable for professional office development than for family housing. Although I am grateful the staff report recommends approval of this request for annexation and rezoning, I wish to express my concerns regarding some of the staff comments and respectfully request that you deviate from those found in the "Annexation and Zoning Facts and Comments" section, on the following specific points: 1. Comment #3 recommends that no ". . . alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC)." Reouest: My current request is not an application for subdivision development, and it will still take some time for me to get to the point of proceeding with that application. The family currently occupying the large rental home on the development site have resided there for approximately 5 years. The wife/mother, is disabled and special living accommodations have been constructed by the husband/father. I have assured him that when the development time comes, I will do my very best to preserve his current living arrangement and delay for as long as possible any hardship/displacement that could face him and his wife/family. It is my intent to focus on possible development scenarios that could start at the south end of the property and delay any displacement of this family. This restriction on zoning compliance would place an undo hardship on this family by mandating relocation (to achieve zoning compliance) as soon as any development begins. I resoectfullv reQuest that the above listed reQuirement be exempted due to the uniQue situation this prooertv and development present. 2. Comment #3 recommends that ". . . that the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services." Reauest: The church that is the seller of the property has been operating a day care for years, without being obtrusive, or creating any inconvenience or disturbance to the surrounding neighborhoods. In fact, the current operator of the daycare facility at the church recently approached me concerning the possibility of utilizing a portion of this property for the operation of the daycare facility. Under these recommendations, an already established use such as this would fall outside the stated allowances. I believe that the neighbors of the property site are protected in the case of any future development of the property by the hearing process associated with subdivision application, and future required approval for platting of specific development sites on the property. Any use, even to include those recommended by the staff would still have to receive board approval for the future platting requests. With this future protection already in place for the neighborhood, I submit that it is redundant and unnecessary to place further restrictions upon future development considerations of this property beyond that already incorporated in the approved City of Meridian definition of L-O zoning. We have all witnessed unsurpassed growth, major developmental changes in the Meridian area and it is unclear what direction future development of the neighboring properties and surrounding area will be. Protections are already in place for my future neighbors, on future development of this property, and I am unclear on my timeline for the actual development of the site. I respectfullv reQuest that additional development or zonin2 restrictions not be Placed uoon this propertv beyond those already contained in the 1.-0 zonin2 desi2nation~ rec02nizin2 that any development will have to 20 throu2h the hearin2 process anyway. 3. Comment #3 recommends that ". . . that the hours of operation shall be limited to 7 a.m. to 7 p.m., unless otherwise modified through a Conditional Use Permit." Reauest: While it might be assumed that a limitation on the hours of operation will serve as a noise or disturbance protection to the adjacent neighborhoods, such a restriction has not been needed for current uses in the neighborhood. Located on the adjacent northwest comer of this property, is Settlers Park, which provides the potential for substantially greater traffic and noise for hours well outside of this limitation. Additionally, the church immediately adjacent to this property has activities well outside of these parameters. For example, in Maya carnival was held on the church grounds that completely filled all available parking (paved and dirt) including use of this property site, and was not even scheduled to conclude until well after this time limit. I recently visited the property site and observed the activities of the adjacent neighbors and neighborhoods, and noted car repair, lawn mowing and other such activities extending well past these hours. During the school year, some bus pickups in the area are occurring and many work commutes begin at or before these hours. Within the L-Q zoning definition, normal uses would be included that frequently extend hours outside of the 12 hour parameter recommended. For example, urgent care medical facilities in this valley are commonly open until 8pm or later. My own chiropractic office schedules patients at 6:30 or 6:45am, and it is not unusual to see patients after 7pm. Accounting firms will see clients well into the evening, beyond these hours (especially during tax season), attorney's firms may do depositions well into the evening and insurance agencies or real estate offices may hold meetings or classes well beyond these limitations. This is not even taking into consideration professional office times with only staff present. The designated use of this property is by its very nature going to be focusing toward quiet, neighborhood compatible services, with relatively low traffic volume when compared to the adjacent church and park facilities uses. I resoectfullv request that arbitrarv hours of ooeration limitations not be olaced uoon the orooertv as a condition of develooment.. as other adiacent facilities do not have such limitations. 4. The report contained a general statement indicating that all trees must be mitigated. I have walked the property with the arborist, and he told me that I should report to the planning and zoning board that 4 trees for a total of 60 inches need to be mitigated. ! resoectfullv request that aoorooriate notation be made that the tree mitieation is for 60 inches. rather than for all trees. 5. The report indicates that". . . there is an existing 8-inch private sewer service that bisects this property, it is not a city. owned facility and would not be eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available in Meridian road. . ." I am aware that code allows only one connection per service. However, this situation is unique. In my discussions with the public works department, I have learned that the 8 inch private service is adequate for additional connections. And, it would actually be better for a pipe of that large size to have more usage rather than less, so that it can have adequate clean out. The large size was used due to the higher elevation of the sewer main in the area, necessitating the larger connection pipe. I understand that to access this private service, the church would need to grant permission. Such use would be better for their pipe, save development cost, and eliminate the need for tearing up Ustick Road. I resoectfullv request that the board not soecificallv disallow the connection. while rec02l1izin2 that the church must aoorove such. and the oublic works deoartment must determine that such a connection meets code requirements and an exceotion would need to be made to the limitation of one connection oer service in this unique circumstance. Thank you for your kind consideration of my proposal and requests. Respectively yours, David N. Price 9508 Fairview Ave. Boise, Idaho 83616 323-1313 (W)