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HomeMy WebLinkAboutSundance Subdivision Commercial Addition No. 5 RZ-06-001 PP-06-014 CUP-06-011 MI-06-001 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER tif ~i"- . ,,..,-' ',,. ~'... ',,:;""'~ /i:<". ,~~, ctC:;;di~;~'5 ~!. f ( .l -r. ~~ , t\;('~._'l~l:'~S~'~::{!. 1l),\110 In the Matter of Re-zoning of 5.40 acres from R-S to L-O (Limited Office); Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L-Q zone; Conditional Use Permit approval to modify a previously approved application (CUP-Ol- 026) by adding additional office lots, changing building and parking layout and allowing potential drive~through sites; and Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision, by Dave Evans Construction. Case No(s).: RZ-06-001, PP-06.014, CUP-06-011, and MI-06-001 For the City Council Hearing Date of: June 27, 2006 (findings approved on July ISt\ 2006 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18,2006 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. 967-6503). 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 9 II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06.001 /PP-06-014 / CUP.06-011 /Mr-06-001 -PAGE 1 of5 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 2006 (revised 3-1-06) is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated January 2006 (revised 3-1-06) is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP-06-014 / CUP-06-011 / MI-06-001 - PAGE 2 of5 final plat must be recorded within this eighteen (18) month period. For proj ects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6. G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title II. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year ofthe combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice afFinal 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 of the City of Meridian, pursuant to Idaho Code 9 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06.00l /PP-06-014 / Cup.06-011 / MI-06-001 -PAGE 3 of5 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-00l / PP-06-014 / CUP-06-011 / MI-06-001 - PAGE 4 of5 By action of the City Council at its regular meeting held on the IS -t!:::- day of J~ ,2006. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED (fetC- m~ VOTED ~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED 8 [:~~~.:~~~.J ~ "Y~ rf. .~ ;.. , ..0':- ~ "'0_ r 113\ ' ~;.2 '/ ~ -€>""i- ...... Copy served upon Applicant, The Plariii~eUk.priblic Works Department and City (111/"" t\.l\\\\\ 0<<ke:11 eerd Attest: Attorney. BY:~JJ . y Clerk Dated: 1 '20...0lt CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP-06-014 / CUP-06-011 / MI-06-001 - PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/27/2006 .~ ~ -t ~.' 1t.{~:"JJ,\. ~ ctC:~id/;;JJ,5 -I" \1 v IiJ.\:IK' '.' .;: Ji' \t:,~)",~!,:,"t~ 1',.. ~,c ':'.~'_~'I,~>.f.'.':r:: Mayor & City Council C. Caleb Hood, Current Planning Manager Sundance Subdivision Commercial Addition . RZ-06-00 I Rezone of 5.40 acres from R-8 to L-O (Limited Office) . PP-06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L-O zone · CUP-06-011 Conditional Use Permit approval to modify a previously approved application (CUP-O 1-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites . MI-06-00l Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from R-8 (Medium Density Residential) to L-O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP-OI-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (MI) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20.foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (V AC) application to vacate recorded public utility, drainage and irrigation easements. The MI, AL T and V AC application do not require Commission action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (V AC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and CUP applications as proposed, the MI, AL T and V AC applications must also be approved. Except for the vacation application, the Conunission should make reconunendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tim Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L-O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, ALT, and V AC applications) were submitted to the Planning Department for concurrent review. Except for the Vacation application, which has it's own staff report, staff has provided a detailed analysis and recommended conditions of approval for the requested applications below. Staff is recommending approval of the proposed Sundance Subdivision Commercial Addition (RZ-06-001, PP-06-0014, CUP-06-011 and MI-06-00l) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannin!:! and Zonin!:! Commission Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 heard the item on Anril 20. 2006 and Mav 4. 2006. At the Mav 4. 2006 public hearinl! thev moved to recommend aDnroval. a. Summary of Public Hearing: i. ill favor: Tim Mokwa ii. ill opposition: None. iii. Commenting: None. iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Restricting vehicular access to this site; ii. Drive-throughs; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-001, PP-06-0 14, CUP-06-0 11, and MI -06~00 1 as presented in the staff report for the hearing date of June 27,2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 001, PP-06-014, CUP-06-011, and MI-06-001 as presented at the public hearing on June 27, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP-06-014, CUP-06~01l, and MI-06-001 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: Northeast comer of Us tick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, RIE b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ill 83405 c. Applicant: Dave Evans Construction Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 5561 N. Glenwood Street Boise, ill 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L~O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request 1. Date of Preliminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1-06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason ofthe provisions ofUDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason ofthe provisions ofUDC Title II Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofthe Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: Apri13rd and 17th, 2006 (for P & Z Commission hearing) and June 5th and 19th, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24th, 2006 (for P & Z Commission hearing) and June 2nd, 2006 (for City Council hearing). e. Aprlicant posted notice on site by: April 10th, 2006 (for P & Z Commission hearing) and June 171 , 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast comer of Ustick Road and Meridian Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The properties to the north and east have been platted and developed with sing1e~fami1y residentia110ts within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R-8. 2. East Single-family, Sundance Subdivision, zoned R-8. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 4. West: Settlers Park, zoned L-O. d. History of Previous Actions: This site was a1lllexed and approved for office uses as part ofthe Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer installed to service the already platted four lots. Location of water: There is currently a water main that bisects this property. Issues or concerns: None. 2. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. CanalslDitches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L~O 7. Size of Property: 5.40 acres (including right~of~way); 3.77 acres (excluding right-of~ way) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non~residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer( s): 25 feet on U stick Road and Meridian Road. These landscape buffers exist. 2. Width ofbuffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will be landscaped; open space is not required. h. Proposed and Required Non~Residential Setbacks: per the L-O zone L~O Standard Front 20 feet Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP.06-011, MI-06-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27,2006 Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast comers of the development. These proposed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehicular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 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 This property is designated "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, 'office' is defined as areas providing opportunities for low-impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L-O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office" . Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): · "Permit new. . . commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The site is currently annexed and senlices are provided to this site. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to Ustick Road and Meridian Road have been installed. Staff has included conditions for additional landscaping within this report. · "Consider' Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sundance Subdivision Commercial Addition ~ RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 The applicant will be required to constrnct 5-foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access to/from the sidewalk on Santiago Court. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goall, Objective B) Staff believes that the proposed L-O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. · "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing to construct landscape screening/bufferingfor the existing single- family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20-feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis below. · "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) The L-O zone is considered a transitional zone between residential and commercial uses. · "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic to flow better, staff recommends that Santiago Court be extended into the property. See Analysis below for more details. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VIT, Goal IV, Objective D, Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No.3, direct lot access to Ustick Road for this site was prohibited (NOTE: Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.) With the review and approval of the Sundance Subdivision development the ACHD approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the future (e.g. - there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. IfACHD determines that the access to Ustick Road is not functioning efficiently, it may be closed. See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11~2B-2 lists office as a permitted use in the L-O zone. The Planned Development allowed for office uses in the R -4 zone as of the previous approval under the Meridian City Code. 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 REZONE 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. In. fact, this area has been previously approved for office uses (AZ-O 1-012 and CUP-O 1-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and fmdings. The rezone legal description submitted with the application (prepared on Fehruary 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYSIS: UDC 11-5B-3.D.2 and Idaho Code ~ 65~ 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBirney Property Trust (Owner), previously entered into a development agreement with the City, and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly two drive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on this site. only uses allowed in the L-O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L-O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: · Page 1, Item 1.4 - " ... 'Property" s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L-O (Limited Office). . " · Page 2, Item 1.7 - "WHEREAS, City Council, the 5th day of March 2002 and the XX dav of XXXX. 2006. has approved certain Findings of Fact and Conclusions of Law..." · Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction. whose address is. . ." · Page 4, Item 4.1 - ". .. Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the Sundance Subdivision Commercial Addition - RZ-06-00 1, PP-06-0 14, CUP-06-011, MI-06-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27,2006 property as Single Family Residential and Office; that any proposed uses he consistent with the L-Q zonin2 standards and reauired processes. " · Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L-O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L-O zone, are allowed if constructed in accordance with the approved CUP site plan." · Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20-foot wide planting strip adjacent to the existing residentially zoned lots to the north and east. " Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. PRELIMINARY PLAT 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. However, there are some specific changes to the plat that staff recommends: I. Access: The applicant is proposing to construct two vehicular accesses into the site. The first access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Us tick Road, and was previously approved by the City and ACHD with the approval of the Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACHD with the approval of the Sundance Development in 2003. However, a note was placed on the face of the final plat for Sundance Subdivision NO.3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No.3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes that suggest that access to Ustick Road for the office portion of the development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to U stick Road, an arterial street, so close to a maj or intersection (the proposed access to Ustick Road is approximately 400 feet from the UsticklMeridian intersection.) Further, there is a stub street provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. Staff believes that this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to Santiago Court also be provided. Staff is further recommending that a cross-access, parking and ingress/egress agreement Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 be recorded for this development so all 12 of the proposed office lots can use the driveways, drive aisles and parking areas. 2. Landscaping: A 20-foot wide landscape (land use) buffer is required between L-O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. In granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound-blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not be moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20-foot wide landscape buffer, the applicant should be required to construct a 6-foot tall sound wall along the north and east property lines where the driveway is closer than 20- feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east property line). NOTE: Adjacent to the east property line is an ACHD storm drainage lot. This lot is approximately 35-feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: · Maintain and protect the existing landscape buffers along U stick Road and Meridian Road. · Depict and construct a 6-foot tall sound-blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20-feet of the property line. Details of said wall shall be shown on a revised landscape plan. · Unless otherwise approved, construct a 20-foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. · Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. · A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized inigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 1l~3A-15 and MCC 9-1-28. 4. Conunon Areas: Maintenance of all common areas, including the cross-access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP-O 1-026, the previously approved CUP for this site. With the approval of CUP-O 1- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC ll-4.3-11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-throughs for Lots 7 and 8 will be within 300.feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. VACATION: With the recordation of Sun dance Subdivision No.3, a 10-foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage easement was created on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities. Please see the separate Staff Reoort relZardinl!' V AC-06-004. b. Staff Recommendation: Staff recommends aooroval of the proposed Sundance Subdivision Commercial Addition (RZ-06~001. PP-06-0014. CUP-06-011 and MI-06-00l) with the conditions listed in Exhibit B of the Staff Report. On Mav 4th. 2006 the PlanniD!! and ZoniD!! Commission voted to recommend approval of the subiect applications with the conditions listed in Exhibit B of the Staff Report. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 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 8. Nampa & Meridian Irrigation District C. Legal Description Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 D. 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'/ til t ~~r, l~ II !:i1,:', ,'I i II .~ :...~, .tff~~,: · ~'}~ifi;:;~ ; < / 'j~ l~~> . . 1l.if j'.:'.' n L;~. .!; 1, . .. J J i~,:. ~l~r i-~ ii!' :.I'M: _ .,(i~ ,i i-a... t;,:':~[l;'~ '. .' '."" - l;i !t~ ;.~) ~ ~1 II (:. - ,'-I: I ,.m .. ....__..__.m.. ..._.--------l . . .~:. .1' \ ~,.. ;,\'1.< i j , ,: ';. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Toothman~Orton Engineering, dated January 2006 (revised 3-1- 06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06.00l), and Conditional Use Permit (CUP-06-011) shall also be considered conditions of the Preliminary Plat (PP-06-0l4). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility ofthe Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: · Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. · Where a substandard landscape buffer is built. depict and construct a 6-foot tall sound- blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20-feet of the property line (see bullet point below). Details of said wall shall be shown on a revised landscape plan. · Unless otherwise approved, construct a 20-foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. · Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 1.1.4 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face ofthe fmal plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to U stick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross-access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the fmal plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right~of~way. All fencing should be installed in accordance with UDC 11 ~3A ~ 7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11.3A.6, unless otherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to fmal plat signature. 1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11~6B~7. 1.3 SITE SPECIFIC REQIDREMENTS-CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman~Orton Engineering, dated January 2006 (revised 3~1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ~06~OOI), and Preliminary Plat (PP-06-014) shall also be considered conditions of the Conditional Use Permit (CUP~06.011). 1.3.2 No drive-throul!h is approved with this CUP. Any~ drive~through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD detennines that the access to Ustick Road is not in the public's best interest, it shall be closed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub~grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Ifthe applicant is not going to use the existing 6.inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27,2006 standard forms of easements for any mains that are required to provide service. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre-construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 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. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC ll-3A-6. 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Envirorunental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 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. 2.13 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. 2.14 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 2.15 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. 2.16 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 3. FIRE DEPARTMENT 3.1 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. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" 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 permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFe 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 proj ect. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 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. 3.7 Commercial and office occupancies will require a frre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 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 7.1 This is a staffleve1 approval of a preliminary plat for Sundance No.5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15,2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on N ampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 8.2 All laterals and waste ways must be protected. 8.3 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 C. Legal Description TOOTHMAN-ORTON ENGrNEERJNG COMPANl:' CONSllLTIN(i ~N(jINe.RS. SUlWEYOR!; 'INn PLA.NNt'-RS ~77:1 OIlNmN 1I0ULEVAI-II) OOISf, IQAHO e.171 nooa t\)r,".I)1-)~88 . r^)q.(lIH23_1J'I~' J ~~, ;~(!@~tl,i-tn;:l;r(!1.I~( 'I ~ \ Pmjecl: 05161 Date: February I, 20fl6 Page: 1 .of I Land Description fur Re-zonc to L-O A parcel orIand situated in the SW 1/4 of Scctj(ln 31. T(l~"Tlship 4 North. HUllge 1 Ew;1., Boise M~tidian, City ot' Meridian, Ada County. IdaJ~). being a portion of S<lid ~W \.~ and a pnltion of Lol 19 al1d allllr LOTS 20 through 26. Rlock 7 (If Sundance Subdivision No.3, as m~d in ilook Ill! of Plats at Pages 10025 and 10026, Record.~ Qf Ada Connly, Iduho, described astollOW!i: BEGINNING at an aluminum lJup, marking the comer common 10 Section J 1 , .I'tJ\\.j1.ship 4 North. Range 1 East; S~cli(1n 36. Township 4 Nnith, Range I West; Section J, fownShip J NnTth, Range- I West; and Secti()n 6, Township 3 Nllrth, Range 1 East <II] Uoise MeridiatJ, Ada County, rduho. from which a bJa"s cap, marking the ';, corrll~r coninmo 10 said Seclinns J 1 and 36 bears N .OO";! . jO"L, 1650.0') feCi.; thence_ ah)t1g th~ line common to said Sections 31 and 36 and the ccnterline of N. Meridian Road. I) N J)W51 ' 50"F.., 494.46 feel; thence. along: the northerly line II r said Lot. 20 and (he wcsrcrlyprolongatlnn thereof, 2) S.89"OS'lO"E.. 477" I J feet to th~ norrhcaskdy come, of said Lm 26; lh,:nd~_ along the c<L~terly line of ~idL(1ts 26 and 25 Ilnd the soutlil:.rl.y prnlonglllion ther~"'~ . J) S_OO"51"50"W.. 490.84 feel w the centerline or F. L:>lic\:. Road and the Scclilln line common tn said SClJliimS 31 and 6: thence. along said HIlt', 4) N.89"34'1 T''J.i_, 477. 14 feet 10 lh~ POll\T OF BEGJI'\Nr~(;. CONTAINING: 5.40 acres, mme m less" SUBJECT TO: all Covenants, Rights, Right.<>-nf-Wa}, Euscl11ents nl R(:'~ord and ,II;, Enc.llmbraoccs, Ollis dt:i:i\..'Tiption was prepared from rt~c'.lrd intormatiiJn on the otllo.:ia\ plat nf Sundanc-i: Sllbdivisiolt i'l{l.~, records of Ada County. Idaho I ~AP~ROY17!___ flY --, ~. '- J l.j~.'.~161'j\\'t'fll:';'.ll~16.1 ftt:-I.:ilUC d~c.dlfC (....;.:I-;'Di~N :~'B.;(C l.\':r;:..'t': .i..;-r I BOISE. COWR d'ALt;:'\E . Ct\LmVELL Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 ", a I :i!!' ~ I e I I !1; ~ ! ~ 1.'1 t::: III I ~ .. I l5 ~ I !i g I: , I .... !1 rJ ~ J!l s !! II l Exhibit C RE-ZONE BOUND~ MAE TODTHMAN-ORTON.._I:NGDfEEKlNG CO. E:NG'NI:E:R9. 5U!lVE"-05l:'l. p",,;jN'€'RS 9n7 CtHNOE"l IiOUlEOOlD .OOSE, l[)kjtj llllH<WI)(l PHONE' 208-32.3-2266 . FAX; :;>08'"02.3-239';/ E-Il!: tt\B5IS1\Ilt-'... onop"'9 ll\.'f..I:MI}' l(OO X&-e:.1Gl r---- ~ ~ "'"---------~~ .,"- ....~~-- "'~~ J I ~iJI ~ ~r o 0::: Z <( o 0:: W ~io ~ .... Z~ 26 28 29 27 ~ ~~ 5l - illg z S8~'08'fO.E 477.1:5" 1---'--'r, 19 21 20 J . LO-R"ONE . ----+ r 25 ,.".--....""--~.~-..~ 23 22 }U ill :;:; b a BLOCK 7 ~~ UJ=--2J=r -------....._-,....._,- '"'--'-"'.-.-.. ~ 31 LoiN. R.IL NB9'J.4'17"W 1 6 UN.. R.1E. 477;14" E. USTICK ROAD rfy~ AP~,~l.?~ ' Cl 50 100 ."~--'._-J-'" 24 ~.'"~"" NOTE: f 'E..Riw!.;~N PUBL'C AREA SHOWN IS v.'V"~;; nEI"T. A PORTION OF SUNDANCE SUBDIVISION NO. 3 c I r I I ,./'.~ ----- .------ 3.3 ~'-t- !"!CO ....d !PO) g"" (I) 200 JOO CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27,2006 D. Required Findings from Zoning Ordinance 1. Rezone 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; The applicant is proposing to zone all of the subject property to L-O. Council fmds 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that educational institutions, fmancial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L-O as Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with lot sizes and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 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, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best of interest ofthe City (UDC 11-5B-3.E). This property is already annexed into the 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. In accordance with the findings listed above, Council finds that Rezone of this propertv to L-O would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 27, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council ftnds that public services are available to accommodate the proposed development. (See ftnding Items 3 and 4 above under Rezone Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council ftnds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, ftre, ACHD, etc.) to determine this fmding. (See finding "Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) s. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Pennit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 applicant is requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of tbis Title. Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 ofthis report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and Maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the design, construction, operation and maintenance of the L-O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20- foot wide land use buffer between the L-O zoned lots and the residentially zoned lots to the north and east, Council fmds that the future operation of commercial/office businesses on this site should be compatible with the neighborhood (provided the applicant complies with all UDe provisions.) Because the proposed L-O zoned lots are close to residential uses, Council is requiring that any and all future use(s) on this lot that have a drive-through be required to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDC. The Commission and Council should reference any public testimony that may be presented to detennine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Traffic in this area is getting pretty bad. However, Council does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or envirorunental problems of which staff is unaware. S. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staffis unaware. Exhibit D