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HomeMy WebLinkAboutStrada Bellissima AZ RECEIVED MAR 3 1 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER City Of Meridian ~erk Office c«e~di ~n'!Jf; \ , ILJ.\HO V \~ ! ~'f"' ¿ "~!~ '-'"'~f ~-o:t'!. ~I'_!:~.-,,!,s;¡.p.,.?:.', '>m:¡ In the Matter of Annexation and Zoning of.43 acres from RUT to L-O (Limited Office) by Strada Bellissima, LLC. Case No(s). AZ-06-002 For the City Council Hearing Date of: April 4, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § lI-5A. 4. Due consideration has been given to the comment(s) received trom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-002- PAGE I on 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of April 4, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of April 4, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of April 4, 2006 By action of the City Council at its regular meeting held on the ,2006. day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-002- PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MA YOR TAMMY de WEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-002- PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 STAFF REPORT City Council Hearing Hearing Date: 4/4/2006 Mayor and City Council Josh Wilson, Associate City Planner Strada Bellissima Outparcel ~ .' ~ ctG;¡ d/:n -',;\ \ 1L>.\.i' O .: v. y ~~f"' I' ~'!i\-> "e!'¡¡.'!:<Io-I!'!.:o.;,.;.L'!!S~..Jo' '~mi TO: FROM: SUBJECT: . AZ-06.O02 Annexation and Zoning of .43 acres from RUT to L-O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Strada Bellissima, LLC, has applied for Annexation and Zoning (AZ) of .43 acres nom RUT (Ada County) to L-O (Limited Office). The site is surrounded on three sides by land zoned as L-Q which was approved with Strada Bellissima Subdivision, and the annexation and development of this property will complete the proposed office development which was conceptually presented with the subdivision approval. The site is located at 3015 S. Meridian Road, near the intersection of S. Meridian Road (SH 69) and Victory Road. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Chris Hobbs ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering all staff, applicant and public testimony, I move to approve File Number AZ- 06-002 as presented in the staff report for the hearing date of April 4, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Number AZ-06- 002 as presented in the staff report for the hearing date of April 4, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance Strada Bellissima Outparcel AZ-06-002 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3015 S. Meridian Road Section 24, T3N Rl W b. Owners: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 c. Applicant: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 d. Representative: Chris Hobbs, Pinnacle Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27,2006 d. Radius notices mailed to properties within 300 feet on: February 8, 2006 e. Applicant posted notice on site by: February 20,2006 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Approved as part of Strada Bellissima Subdivision for office uses along Meridian Road, with a single family residential development on the remainder of the property. c. Adjacent Land Use and Zoning 1. North: Strada Bellissima Subdivision, zoned L-O. 2. East: Strada Bellissima Subdivision, zoned L-O. 3. South: Rural properties, zoned RUT (Ada County). 4. West: Strada Bellissima Subdivision, zoned L-O. d. History of Previous Actions: None. Strada Bellissima Outparce! AZ-06-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced through Strada Bellisima #1. Location of water: Already serviced through Strada Bellisima # 1. Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Inigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L-O 7. Size of Property: .43 acres g. Landscaping 1. Width of street buffer(s): 25 feet on Victory Road. 2. Width ofbuffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Other landscaping standards: NA h. Proposed and Required Non-Residential Setbacks: per the L-O zone L-O Standard Front 20 feet Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from an existing public roadway (W. Galvani Drive) and commercial drive aisles within Strada Bellissima Subdivision. 7. COMMENTS MEETING On February 10, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated 'Low Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City approved Resolution No. 04-0454, 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 Strada Bellissima Outparcel AZ-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street, Victory Road, and is less than 3 acres in size (.43 acres). According to Resolution No. 04- 0454, the subject parcel is eligible for an office uselzone, lithe 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. 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): . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the suNect annexation. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. Provide for non~exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). . The proposed development will be restricted to professional and medical offices uses through the Comprehensive Plan text amendment. The office uses will have a low-impact on the Strada Bellissima Outparcel AZ-06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from W Galvani Drive, and will not disrupt the nature or character of the neighborhood. Staff finds that the proposed L-O zoning designation is hannonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Il-2B-2 lists personal and professional services as a Pennitted Use in the L-O zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. Please see Exhibit D for detailed analysis of facts and findings. SDecial Considerations: Victory Road Access: Per the applicant's conceptual site plan, no direct lot access to Victory Road shall be allowed. This will minimize traffic interference and impact on Victory Road. The annexation legal description submitted with the application (prepared on December 12, 2005 by Stephen Lee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 aDPlicant shall contact the Citv Attomev. Bill Nary. at 888A433 to initiate this Drocess within 18 months of Citv Council aPDroval of the annexation request. The DA shall incorporate the following: . 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. . All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . The applicant will be responsible for all costs associated with the sewer and water service extension. . Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . No direct lot access to Victory Road shall be allowed. b. Staff Recommendation: Staff recommends approval of AZ-06-002 for Strada Bellissima Outparcel as presented in the staff report for the hearing date of April 4, 2006 based on the Strada Bellissima Outparcel AZ~06-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 Findings of Fact as listed in Exhibit D and subjecUo the approval comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHffiITS A. Drawings 1. Conceptual Site Plan (dated: December 13,2005) B. Approval Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Strada Bellissima Outparcel AZ-06-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 A. Drawings 1. Conceptual Site Plan (dated: December 13, 2005) 'j --.------...---....--..---...--..-,.--... . ~ =------:-~--::---===--=':~-:---==========--I'---" -- -----=" . ."'\r "'- ~. c ------- . . i -'---"-":'=------"-'---'-'._"~---"-----'._n_"_--_---'._n--,_.._~~---'- - ""-----==L .. . -- ---===:::--===----. - . ~:-\ -" ._~"- ,. \. .~ -r i I ! -I "', "I ~i :'¡, <:;1 ~i i i j i --.---+ i j i i j i i i i i ì ~- I ~ , ~ i ! (>- / / I I ¡ I ¡ ¡ r I I I I I ! I I ""-"",_I_"-,,,,,~ ,~"""""'.".,...._-"'-"'---_......_- Exhibit A CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 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 applicant shall contact the City Attornev. Bill Nary. at 888A433 to initiate this process within 18 months of Citv Council approval of the annexation request. The DA shall incorporate the following: . 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. . All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . The applicant will be responsible for all costs associated with the sewer and water service extension. . Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . No direct lot access to Victory Road shall be allowed. 2. PUBLIC WORKS DEPARTMENT Public Works has no concerns with this annexation. All comments will be reserved for during the plan review process for any proposed development. 3. FIRE DEPARTMENT 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 ofthe 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 specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fmish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Operational fIre hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 2.1 Exhibit B CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 10. Building setbacks shall be per the International Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 12. Commercial and office occupancies will require a fire~flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 13. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 14. Maintain a separation of 5' from the building to the dumpster enclosure. 15. Provide a Knox box entry system for the complex prior to occupancy. 16. The rlfSt digit of the Apartment/Office Suite shall correspond to the floor level. 1 7. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s ). 18. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 19. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 20. Provide exterior egress lighting as required by the International Building & Fire Codes. 21. 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 fITe apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site rITe 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 Ill). 22. There shall be a fire hydrant within 100' of all Fire Department connections. 23. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. 24. Emergency response routes and rITe lanes shall not be allowed to have speed bumps. 25. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of rITe apparatus access for each structure. (Remoteness Required) 4. POLlCE DEPARTMENT I. The Police Department has no concerns with the site design as submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 6. SANITARY SERVICE COMPANY I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 1. No conunents received. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 C. Legal Description A parcel of land located in the Southeast I/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows; Commencing at an aluminum cap monument marking the south.east corner of said Section 24; thence along the South line of said Section 24 (also being the centerline ofW. Victory Road) N89°20'S2"W a distance of 213.69 feet to a point of curvature from which an aluminum cap monument marking the southwest corner ofthe Southeast 1/4 of said Southeast 114 bears N89°20'52"W a distance of 1106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the arc of a 200.00 foot radius curve to the right having a length of 137.23 feet, a central angle of39°18'48" and a long chord of 134.55 feet bearing N69°41 '28"West to a point of tangency; thence N49°37'30.'Wa distance of 41.65 feet to a 5/8 inch iron rod; thence N49°32'SO"W a distance of 16.41 feet to a 5/8 inch iron rod marking the POINT OF BEGINNING; Thence continuing along said centerUne ofW. Victo!}' Road and the arc of a 319.41 foot radius curve to the left having a length of 113.32 feet, a central angle of20019'39" and a long chord of 112.73 feet bearing N56°41 '3S"W to a point of cusp marked by a 5/8 incb iron rod on the boundary line of Strada Bellissima Subdivision No.1 as shown on the plat thereof, recorded in Book 93 at pages 11265 through] 1268 of plats, Ada County, Idaho; thence leaving said centerline and along said boundary line NOo043 , 18"E a distance of 73.24 feet to a 5/8 inch iron rod; thence S89°47'19"E a distance of 189.78 feet to a 5/8 inch iron rod; thence SO5°36'09"W a distance of 56.62 to a 5/8 inch iron rod; thence S28°10'13"W a distance 000.42 feet to a 5/8 inch iron rod; thence S56°12'13"W a distance of 92.1 7 feet to the POINT OF BEGINNING. Said parcel contains 18,897 sq. ft. or 0.43 acres more or less and is subject to any and aU easements and/or rights-of-ways of record or implied. 0>4612309 ANNEX LEGAL 1121205 ,rl.d"" Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 1518 -N VI~ 2~ 01 mil) ::>'" VI~ 589"47'19"£ 189.78' ~~ ~r-----------------d 311. 11)1. P,t;f lJ.J -r"" <D mri ..., <'! 18,897 sq. ft- :"':g ~CI> b ~ :f:0.43 (Jcres 2 ~ 01 VI Z, VI t, <""'?? ~ <T~.J,::, , o.-fj AJ<Ç,C'~"- ?'¡'3:?p '-",:,-."',,' ;P~'Jr 9JT'5"..>'" ? .Jó't ~ " EXHIBIT "B" ANNEXATION OF A PORTION OF THE SEl/4, OF THE SE 1/4, OF SECTION U TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE wmIDlAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2005 STRADA BELUSSIMA SUBDIVISION BOOK 93. PAGES 11265-11268 zeo 0'" "-N <.11- 5.- 51 QJIO ;:)~ VI,- <1:- a(J1 VI"" ""0 3âS w m...., -<CO> ~Ô 1-0 CtI<I) I~ /3 s -Q:; I~ Iu] 528',O'1J'W 30.42' N49'32'SO"W 16.41' "'t\ ,\~ " 6"~.1: . ,,>;~'j,,~ "0 .' ---- N39'S7'S6"E . 25.09' ... N49"37'30"'w . I>c>.--~ 41.65' O~J- <' <? <:7 J.~.?J'> 0 ... ;po '<of' ~ "-- /ð'~6' RV, '<Y .tl'€jr;{F'..."';o,oo' ~6" J-<r.s.?;' , -if: 24 - ----~ N89"20 '52 ÏJI 25 I 30 2TJ. 69' C.P.&f, 9149709 (Ð- 'II"'---- . - - . IfO6.f.~ . - - E1/16 COR SECTION 24 C.P.&:f. 9018193 ~ :¡: '" ~ § g 2 i Exhibit C 19 -- NB9"20'5Z"W 1320.10' LEGEND - - SECTION LINE - - - - - - - BOUNDARY LINE ~ - - - - ROAD CENTER LINE GÐ FOUND AlUMINUM CAP @ FOUND 5/6" REBAR AS SHOWN ~ FOUND BRASS CAP ITO RIGHT-Of-WAY MONUMENT CALC POINT (NOTHING SET) 0 P.D.B. POINT OF BEGINNING STRADA BELLISSIMA OUT PARCEL ~ ~~~:...-.::.~~ ... '"",""-- ............ .:::..:....--r. co.... .,:><....,-,... _T....."", .""""""..""" ......... CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance I. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Exhibit D 2. The applicant is proposing to zone all of the subject property to L-O. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan!. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fmds that personal and professional service uses are allowed within the requested zoning district ofL-O as a Principally Pennitted Use. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. 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, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing se.rvices to this site. The annexation is in the best of interest of the City (UDC 11-5B-3.E). 5. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this propertv to L-O would be in the best interest of the Citv.