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HomeMy WebLinkAboutAshtyn Park Annexation July 31, 2006 MERIDIAN PLANNING & ZONING MEETING APPLICANT David N. Price August 3, 2006 AZ~06-034 ITEM NO. 4 REQUEST Public Hearing- Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District), for Ashtyn Park Annexation - 201 W. Ustick Road. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: Kc COl11 mPJ?d A-PPt0 ~/?~.l -Iv aj c D vn --- J..( IS 2f~V See Attached Staff Report No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments No Comment CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Attached Affidavit of Sign Posting contoctedVh Eb~ 1i{~1. . Date ?!t!()6 Phone ?fl-lJfJ'/j Emailed ~v~grJ&ltl/ltI{frOVf/ll<..~taff Initials J.I? '~~ Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE C?R~€JEfV'E.n STAFF REPORT TO: FROM: Hearing Date: 8/3/06 Planning & Zoning Commission C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 ...8 2006 .'f . l'I '<, CM;;;;dl/rn' JQ~: liMHO )~ "!oj,\ __.,/ -l.t!l..,~ 1.1,!.,~~~~,~; y~!!)./( .,..".;,,;*.; SUBJECT: Ashtyn Park Annexation AZ-06~034 Annexation and Zoning of2.95 acres from R4 (Ada County) to L~O (Limited Office District), by David Price. .. .-1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Price, has requested Annexation and Zoning (AZ) approval of 2.95 acres (2.3 acres exclusive of right-of-way) from R4 (Ada County) to L-O (Limited Office District). The subject property is located on the southwest comer of Ustick Road and Meridian Road. Currently, the site is zoned R4 in Ada County and contains two homes and an outbuilding. The applicant intends to remove the existing structures, one of which is currently in the right-of-way for Ustick Road, and construct an office development. The subject property is within the Urban Service Planning Area. The applicant is not proposing any land use, development or subdivision at this time. Instead, the applicant has submitted a concept plan for how the subject property may develop, and pictures of what the future buildings will generally look like. The applicant is not proposing residential or public quasi-public zones/uses for this site, as envisioned with The Future Land Use Map. However, the City recently approved Resolution No. 04~454, which amended Chapter VII, Section I, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be pennitted." Approval of the subject AZ application would allow the applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted in the proposed L-O zone (UDC Table 11-2B-2). The applicant has submitted a conceptual site plan of how this site may be developed with office buildings. On the submitted conceptual plan, the applicant has depicted one access to Meridian Road. The driveway is located near the south property line, approximately 400- feet south of Us tick Road. ACHD has approved this driveway location. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-034) will be included in the Commission's recommendation to the Council. Staffis recommending approval of the Ashtvn Park Annexation (AZ-06-034). with a Development Agreement for this proiect. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number AZ-06-034 as presented in the staff report for the hearing date of August 3, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Ashtyn Park Annexation - AZ-06-034 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3, 2006 Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-06-034 as presented during the public hearing on August 3, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request. ) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-034 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: 201 W. Ustick Road, on the southwest comer of Ustick Road and Meridian Road, within Section 1, Township 3 North, Range 1 West. b. Property Owner of Record: David N. Price 2291 N. Greenview Court Eagle, ill 83616 c. Applicant: David N. Price 2291 N. Greenview Court Eagle, ill 83616 d. Representative: Van Elg/Phil Hull, The Land Group, Inc. e. Present Zoning: R4/ Ada County f. Present Comprehensive Plan Designation: Public Medium Density Residential and Public/Quasi- g. Description of Applicant's Request: 2.95 acres from R4 to L-O. h. Applicant's Statement/Justification (see Applicant's application and letter): Being surrounded and influenced by the City of Meridian, it has been a Zoning Enclave for some time. This request will bring this parcel of property into the City Limits, assign an appropriate and compatible zoning designation, and provide a clean and concise plan and elevation for the development of the site (the element that Council consider to be lacking in the previous application material)(please see Applicant's submittal letter for more information). The applicant is requesting annexation approval of 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 17, 2006, and July 31,2006 c. Radius notices mailed to properties within 300 feet on: July 7,2006 d. Applicant posted notice on site by: July 24, 2006 Ashtyn Park Annexation - AZ-06-034 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3, 2006 6. LAND USE a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties directly to the north (park) and west (church) are designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map. The properties to the east and south are both designated Medium Density Residential on the Future Land Use Map. The northeast comer of Us tick and Meridian is designated Office on the Future Land Use Map and were approved as a use exception to the primarily residential Sundance development. c. Adjacent Land Use and Zoning: North: Settlers Park, zoned L-O South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada County). East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County) West: Presbyterian Church, zoned R4 (Ada County) d. History of Previous Actions: In 2003, after the current Comprehensive Plan was adopted, a record of survey for a property boundary adjustment was done on Lots 3 and 4 of Strasser Farms Subdivision. Lot 4, which was 1.1 acres, became 2.3 acres (not including right- of-way) after the record of survey was done and the remainder of Lot 3 became 5.5 acres. Prior to the record of survey, all of Lot 3 was designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot 4 was designated Medium Density Residential, as there was, and still is an existing dwelling on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the subject site (1.1 acres, exclusive of right-of-way) is designated Medium Density Residential on the Comprehensive Future Land Use Map, while the southern half (1.2 acres, exclusive of right-of-way) is designated Public/Quasi-Public. In late 2004, applications were filed with the City for annexation and zoning ofthis property to C-C (AZ-04-032), and to modify the Comprehensive Plan Future Land Use Map designation of this site to commercial (CP A-04-004). After an unfavorable recommendation from the Planning & Zoning Commission, the applications for the comprehensive plan map amendment and annexation were withdrawn for the Maverick Country Store. In 2005, an annexation application was filed with the City for annexation and zoning of this property to L-O (AZ-05-020). The City Council voted to deny AZ-05-020 on June 28, 2005 and confirmed their original decision on August 9, 2006, because approving the annexation was not in the best interest of the City. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. The sewer line that crosses this property is a private facility and would not be eligible to be connected to. Location of water: There is currently a water main in Meridian Road. Issues or concerns: The applicant will need to extend City sewer mains through this site, the existing line is private and is not eligible to be connected to. Ashtyn Park Annexation - AZ-06-034 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3, 2006 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: N/A 4. CanalslDitches Irrigation: There are some irrigation ditches that lie on or adjacent to this site. 5. Hazards: Vehicular access to this site is tricky. This site does not have a lot of frontage on Ustick Road or Meridian Road. ACHD has reviewed this project, considering road safety, and has recommended approval. Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L-O 7. Size of Property: 2.95 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the submitted Concept Pap shows an east-west driveway located near the south boundary. Staffis supportive of the general location of this driveway, provided cross-access is provided to the church to the west to use this access point to Meridian Road. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide landscape street buffer is required adjacent to Meridian Road and Ustick Road, both arterial roadways. 2. Width ofbuffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 20- foot wide landscape buffer is required between L-O zoned properties and residential useslzones. There are residential uses to the south, and a residential zone to the west of this site. 7. COMMENTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the received comments are "standard" and have been included within this report. Once a development planes) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential" for the northern half, and "Public/Quasi-Public" for the southern half. The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas Ashtyn Park Annexation - AZ-06-034 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3,2006 with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be pennitted." Staff finds that the subject property has frontage on two arterial streets (Meridian Road and Ustick Road) and is less than 3 acres in size (2.9 acres total). Because a majority of the property is designated for residential use, but the property is only 3.acres in size and is located on an arteriaVarterial intersection, staff believes that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04.454, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office uses. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing a single access to Meridian Road, approximately 400-feet south of Us tick Road. ACHD has approved one access to the site as proposed.. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road and Ustick Road are designated arterial streets. By City Ordinance, a 25-foot wide landscape buffer is required adjacent to Meridian Road and Ustick Road. Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CZC/Subdivision approval. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaping. · "Pennit new. . . commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via Settlers Park to the north. Sanitary sewer and water are available to this parcel. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area which include: a church, single-family homes, a city park, and future office uses. Ashtyn Park Annexation - AZ-06-034 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3,2006 Staff finds that the proposed zoning to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for office uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the permitted, accessory, and conditional uses in the L-O zoning district. Personal and Professional Services are listed as principally permitted uses 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: AZ Application: Approval of the subject annexation application would allow the applicant to obtain an office zone. According to current City Code, professional offices and clinics are principally pennitted in the proposed L-O zone. The applicant has submitted a conceptual site plan showing how this site may redevelop with office buildings, parking and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for L-O zoning, staff believes that the zoning of this site to L-O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on November 11, 2004 by Josepth D. Canning, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceot Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan do not appear to comply with the UDC. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Buildilll~ Elevations/Construction Materials/Building Bulk: The applicant is conceptually proposing to construct up to six office buildings on this site. Because this site is directly adjacent to residential uses, staff recommends that the future buildings for this site have a maximum size of 5,000 square feet each, and are single-story. Consistent with the pictures submitted by the applicant with this application (see Exhibit C), staff recommends that each future building provide: variations in roof lines with at least a portion of the roof having a 6/12 slope, awnings over some of the windows and the front door, columns, at least 25% of the front and street-facing fac;ade to have windows, and at least two different types of siding material. All new structure(s) (or remodel of existing structure(s)) should be generally compatible in appearance and bulk with the pictures provided with the application and as mentioned above, as detennined by the Planning Director or otherwise approved through a Conditional Use Pennit. Access: Vehicular access to this property is a challenge. This property has approximately 255 feet Ashtyn Park Annexation - AZ-06-034 PAGE 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3, 2006 of frontage on Ustick Road and 400 feet of frontage on Meridian Road. ACHD policy requires right-inlright-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has enough frontage to meet the District's policy, there is an existing roadway, Eastbrook Court, that creates potential turning conflicts if a driveway were to be located 220 feet south of Ustick Road. Therefore, the applicant is proposing a driveway that is approximately 350 feet south of Us tick Road. When the Ustick/Meridian intersection is signalized, or if safety ofthis driveway should become an issue, the ACHD may restrict the access to right~inlright-out only. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to the church to the west. The idea with providing cross access to the church is that when the church expands and/or redevelops, cross access will be reciprocated to the proposed office development. If cross access is provided then patrons of the church can access Meridian Road without going through the UsticklMeridian intersection, and the patrons and employees within the proposed office development can have access to Ustick Road through the church site. NOTE: Staff believes that the parking lot layout proposed on the concept plan will discourages cut-through traffic. Office Uses: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L-O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-O zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses in the L-O zone (no CUP uses). This recommendation is intended to protect the neighbors from more intense commercial uses (restaurants, Laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04~454 (light office, low-impact businesses) are upheld. See Annexation & Zoning Pacts and Comments #3 below. NOTE: Staff has consistently recommended that all properties requesting L-O zoning through Resolution No. 04-454 be restricted as noted above. According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (Czq issued by the Administrator. A certificate of zoning compliance shall be issued only in confonnity with the provisions ofthis Title and shall be required before the issuance of a building pennit. Prior to construction of any building on this site, a certificate of zoning compliance pennit should be obtained. Upon annexation and zoning of the property to L-O, the existing residences will become legal non.conforming uses. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L-O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning compliance permit should be obtained. Hours ofOoeration: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Consistent with previous Commission action, staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 6 am to 10 pm. Ashtyn Park Annexation - AZ-06-034 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 3, 2006 Landscapilll!: Meridian Road and Ustick Road are classified arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CZClPlat approval. rf the subject annexation and zoning application is approved, L-O property will be adjacent to rural residential properties zoned RUT in Ada County and a church, zoned R4. To buffer the existing land uses to the south and west from future commercial office uses on this site, 20.foot wide landscape buffers along the perimeter of the site should be installed when a CZClPlat is approved (UDC Table 11-2B.3). Parkine:: For professional offices, parking stalls are currently required at the rate of one space per 500 s.f. of gross floor area (UDC 11-3C.6B). Sanitary Sewer: There is an existing 8.inch private sewer service that bisects this property, it is not a city-owned facility and would not be eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available in Meridian Road and water is available in both Meridian Road and Ustick Road. UDC 11-5B~3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use, staff believes that a Development Agreement is necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan and does not nee:atively impact nearby properties. rfthe Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attornev. Bill Nary. at 888-4433 within 6 months of Council approval to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report. b. Staff Recommendation: Staff recommends approval of the subiect application AZ-06- 034, with the Development Agreement provisions listed in the in Exhibit B of the Staff Reoort for the hearine: date of AUlrust 3, 2006. 11. EXHIBITS A. Legal Description B. Required Findings from Unified Development Code C. Concept Plan and Elevations D. Development Agreement Provisions and Agency and Department Comments Ashtyn Park Annexation - AZ-06-034 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006 Exhibit A - Legal Description $. ~ d. IJ~ 9.ntY. 5-.')05 W. Franklin Road. BoIse, Idaho 83705-1 05~. :U~._.id. I__..LJ iLns Land Description for Annexation to the City of Meridian 10 November 2004 A portion of Lots 3 and 4 of Slock 1 of Strasser Farms Subdivision No.2, as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and adjoining public r1ght-of~way, being situated in U,S. Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at the northeast comer of said Section 1, which is the Real Polntof Beginning: . Thence SOoo17'24''W, 426.49 feet along tho easterly boundal}' of said Section 1 to the southerly boundary extended ofsald Lot 3; Thence NB9v19'19'W, 45.00 feet along the southerly boundary extended of said Lot 3 to the southeast com.er ofsaid Lot 3; Thence continuing N89"19'19"W, 255.84 feet along the southerly boundary of said Lot 3 to the extension of the westerly boundary of said lot 4: . Thence 'NOO.1r24"E, 2riO~21- feel a[ong th~ eXt.~nsion of the westerly boundary of said Lot 4 to the southwest cornet of said Lot 4; Thence continuing NOov17'24~E, 193.24 feet along the westerly bO\-lndary of said Lot 4 to the northwest comer of said Lot 4; Thence continuIng NOO"1T24"E, 33.00 feet along the extension of the westerly boundary of said Lot 4 to the northerly boundal}' of said Section 1; Thence_ S89v19'43"E, 300.84 feet along the northerly boundary of said Section 1 to the Real Point of Beginning. s~.~rz-.\ NOy t 9 2JG~ MI!Rl~ PUBUC WORK8 DePT. ., Comprising 2.945 acres, more or less. Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 _z , .. .. 4:; '" . :a .. .. Q ... ...; Q c::: c::: Q ""... ... ~ - o :I:: .... "" CD_... 0. ........... a .... . It .. lo., Q, 0. .. e ..... ... "'-11III . .. Go) Ill.... .. ... Go) <II: .. Q .. ;., .- It: .. ... .. . .. "" .. a.. II .. - c:; -- .... Q .. 4 ... ~ 'II " '" (,)Q Ili ... Go) .... . llo .. '. t::. ~ '" .. "" It: "" ." U .Ie Qo :rr. .. ilia G Q ... ::~;- - ~ III "III: IIIiI .. .. "" . ... ... .. Q .. G '11Io. 'IIIIfi: .. O:l . " .. :.. >c ~ ; .. .. . Ita ~ II: . '" c:: .. .. "III: q; P.OII In I P I .1.11 ".ION ~- ...... .. "'- -Q ... {.. .- .. ". .. -...~ .... .. .. ..... ( ~~ (;.. A ,,::>g;.~:: ~ ......... ~G~ _ e. &;;:~~...~~~ .iIQ - " ..-- J lit ~I_.;~~~ .. ~t:.\~~.Ii.~'" -. U _". iLo -'0 o~ ~ ~~ -;O~:~ti ~. tr)g ~~..... ./'" ~ . '" ~~ ~~ "l':~ II!. .I:!I-/SE "_,,;:.,c /.oo~!; ?" .... ._"" 0."" i;~. .. :0: ... . - .. 4.. .. ~. "" ,p ... . 0" .OO'EE 3.";:. LI.()O N Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shaU 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. Staff 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 for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff [mds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L~O zone. As mentioned in the Staff Report, however, there is no detailed development plan proposed at this time. There are several uses in the requested L-O zone that can occur with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site. Staff finds that future development of this property should comply with the established regulations and purpose statement of the L-O zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council 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, Staff 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. S. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E). Staff [mds 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. In accordance with the findings listed above, staff finds that Annexation and Zoninll of this property to L-O would be in the best interest of the City. if the applicant enters into Development Al!reement (DA) with the Citv. as mentioned in Section 10 of the Staff Report. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006 C. Concept Plan and Elevations 'JNAMf. _ .. I SIZE._ ~Ji'J.it'~~ '.- Tr..t,l...~ ~, lJl~1.."'< ........... ..... ~cw...... 1~14lIry r~.'Q ~""~'. =to . ~~... "III~CI 7CJ.:;...B4S --..._-. .- '~--~_.., .... .., "., ~"-'\" . ~l'IIdl~P'N ._1" --",." -~, -"".~ .. t-..."....JC ~ ~Ita.. -~.~itili'C ~.......... . . 1Ii:Ilf'.ftlI3,_. /-::.:"..... . *" ~1"~JQ'm: /~r=.==r.:tl {siP;;;' '-IIIIIIIIIIaIIlID&a!II~n - .-==,a'" 'N~~~~ ~~r;~~ "'~11W:1""1I.1'I1~~.. ""Olll.ll~lII'il'fNltlo,l.~ __~~f'oIII&.lIII~ - . 't-v"'Ml:___~ l\NTlNG '~~_;~MI<r Exhibit C - Page 1 a'"""".~ -. - --'LJstick -ROad --- ~1!..dl,Iio:,""L""'''!P ~~t~l~"'~ a=--='ftoOl.D::::- rJ ", ''l'~",I-,i. \o..;t .... ,'.'" . .,;"..... .'.'-.-..-....-- ,.' -. . M~~ _ . =~=-"m:"'iJ tlP~ I, -~~,......__..II-...M...~lfIt~. , 1Im"~~~"'''''N~. '3.,SHR JJt;l.P...!:MfiI.~.~__ ,_ ~ ""'II!I'~ 0PE~NNt~ P TING ."1 , I r I i , .........1'--... , I , -01 ~I ([;, ffil ~~ ~I r ~'_M..! I , I , I , I ~"~M-~ P~1HNrV Gl> "." ".... .41~.....IUICl!ll'~~Ji I I I~ I I ~ ~~ IQ.~:E Z Q.c;:"" I~..~i I~o~ I I fll I"'"~ I~-I ;lth~......,~ I ....;~ . ~...._ltin. ~~i..l ......\l'.,.I..~~ ~tooIii:"l'W'I\ lI~iItl:' I'w", IY'" F'(.IJ:UMINARY .J~LAr L1.0 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF FEBRUARY 2,2006 Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Development Agreement Provisions and Agency and Department 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 rezone ordinance adoption), and the developer. The applicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-06, labeled Sheet LI.O., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. . That no alterations, expansions, reconstructions or other enlargements to the existing single- family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where I) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. . That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). . That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors. . That the following shall be the only allowed uses on this property: principally permitted uses within the L-O zone. . That the hours of operation shall be limited to 6 a.m. to 10 p.m.. . That up to six office-type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to a single-story. Each building shall provide: variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows an the building entrance, colunms, at least 25 % of the front and street-facing fa~ade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appearance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. . That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the first office building on this site. . That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the first office building on this site. . That vehicular access to this site shall be restricted to one driveway to Meridian Road, as approved by ACHD and the City; no vehicular access to Meridian Road is approved. . That prior to issuance of a Certificate of Zoning Compliance (CZC) pennit for any future use, the applicant agrees to provide staff with a recorded copy of a cross-access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road, . That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both U stick and Meridian Road. Exhibit D - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 . That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of-way. . That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. · Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application (dated 11.10-04, stamped by Joseph D. Carming) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 All future construction/uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant shall comply with all City of Meridian Public Works standards and procedures for all development on this property. 3. MERIDIAN 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 IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet ofthe project. 3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 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 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 3.8 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. 3.9 The office development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 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. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3.12 Provide a Knox box entry system for the complex prior to occupancy. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.14 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. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 There shall be a fIre hydrant within 100' of all Fire Department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code offIcial. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit D - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006 4.2 If there are any, loading areas shall be separated from all public parking areas. 5. SANITARY SERVICES COMPANY 5.1 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. 6. MERIDIAN P ARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11 ~ 3B-l 0) will be followed. 6.2 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 D - Page 4 ~;i~i.',,- ~ (Jo~ut~ ~ ct\ '3 John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner July 18, 2006 TO: David Price 2291 N. Greenview Ct. Eagle, ID 83616 RECEIVE~I) JUL 2 5 2006 City Of Meridian City Clerk Office SUBJECT: MAZ -06-034 AShtyn Park Annex 201 W. Ustick On May 3,2005, the Ada County Highway District Commission acted on MAZ-05-020 for Ashtyn Park. The conditions and requirements also apply to MAZ-06-034. · Prior to final approval you will need to submit plans to the ACHD Development Review Department. · 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. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerel1;:' , V. /' ~rkf} / 1 1,/. /--;::;( {j-__, . t/ J6seph . . Kunz Planner Intern Right-of-Way and Development Services CC: Project File Lead Agency: Meridian The Land Group 462 E. Shore Dr. #100 Eagle, ID 83616 Ada County Highway District. 377S Adams Street. Garden City, ID · 83714. PH 208-387-6100. FX 345-7650. www.achd.adaJd.us ..-J ~ Riglhuf-Way & Development Services ......A.~ ~ Planning Review Division (k~utt;, ~ This application does not require Commission action and is approved at the staff level on Tuesday May 2, 2005. Tech Review for this item was held with the applicant on Friday April 29, 2005. Please refer to the attachment for request for reconsideration guidelines. Btaff contact: Andrea N. Tuning, 208-387-6177- phone, 208-387-6393-fax, atunina@achd.ada.id.us File Numbers: Ashtyn Park Subdivision / MAZ~05.020 Site address: SWC Meridian Road and Ustick Road Owner/Applicant: Presbytery of Boise c/o Joyce Mills and Blair Clark 50 Maple Drive Weiser Idaho 83672 Representative: David Price 2291 Greenview Court Eagle Idaho 83616 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation and rezone approval. The site is currently zoned R4 and is proposed to be rezoned to L-O. The site is located on the southwest comer of Meridian Road and Ustick Road. Acreage: 2.298~acres Current Zoning: R4 Proposed Zoning: L-O Buildable Lots: 6-lots Common Lots: 1-lot Vicinity Map r ",.." . ~..... !i~11 , I ' , I i I j i~ i I/!! : ; :[ i I . ~_.._-----.-----'i ~_"".~""" I: I"'--'-~I ,r-" J :. -~'.' >-y/ (, j-. .).,.... I' ..- ._, .,~~ L-.~"_'''~,_''.''''n ! 1--- ~L~~j ":"" l~':::~,:::,>:..., , r~:~:.:'~:~~/-:;:r r..- "--0 .--', ;---1- 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 290 additional vehicle trips per based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site currently has two single.family residences. 5. Description of Adjacent Surrounding Area: a. North: 58-acre City Park b. South: 5.270-acres zoned RUT c. East: Eastbrook Subdivision and 1.489-acre site zoned R1 d. West: 5.540-acres zoned RUT 6. Impacted Roadways Ustick Road: Frontage: 255-feet Functional Street Classification: Minor Arterial Traffic count: West of Meridian Road was 6,349 on 4-23-02 East of Meridian Road was 7,142 on 4-23-02 level of Service: Better than C Speed limit: 40 MPH An acceptable Level of Service for this segment of roadway is a Level of Service 0 based on COMPASS planning thresholds Meridian Road: Frontage: 390-feet Functional Street Classification: Minor Arterial Traffic count: South of Ustick Road was 7,355 on 4-23-02 level of Service: Better than C Speed limit: 35 MPH An acceptable Level of Service for this segment of roadway is a Level of Service 0 based on COMPASS planning thresholds The Ustick Road and Meridian Road intersection currently operates at a level of Service F. 7. Roadway Improvements Adjacent To and Near the Site Ustick Road is currently improved with 2-traffic lanes (24--feet of pavement) with NO curb, gutter or sidewalk abutting the site. Meridian Road is currently improved with 3-traffic lanes with vertical curb, gutter and sidewalk abutting the site. 8. Existing Right-of.Way Ustick Road has a total of 58-feet of right-of-way (33-feet from centerline). Meridian Road has a total of 80-feet of right-of-way (40-feet from centerline). 9. Existing Access to the Site The site has an existing 30-foot wide driveway that intersects Ustick Road approximately 185-feet west of the curb line of Meridian Road. 2 10. Site History The District previously reviewed this application as a comprehensive plan amendment. Prior to District and the City of Meridian acting on the proposal, the comprehensive plan amendment application was withdrawn. 11. Ustick Road and Meridian Road Intersection The Ustick Road and Meridian Road intersection is currently stop controlled. The District has obtained two public right's of way road trust deposits for the signalization of this intersection in the future. 12. Capital Improvements Plan/Five Year Work Program The segments of Ustick Road and Meridian Road that abut this site are not included in the District's Five Year Work Program. Although this segment is not included in the District's Five Year Work Program, the Ustick Road and Meridian Road intersection will be reconstructed as a part of the Ustick Road (Meridian Road to Locust Grove Road) project. The reconstruction of this intersection is estimated to be between 2016 and 2020. B. Findings for Consideration 1. Meridian Road Right-of-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-Iane roadway with curb, gutter. 5-foot concrete detached sidewalks and bike lanes. · Typically the District requires the dedication of 48-feet of right-of-way from the centerline of an arterial roadway. The District will not acquire the full 48-feet of right-of-way abutting this parcel due to the fact that Meridian Road was identified as a future 3-lane roadway as a part of the North Meridian Traffic Impact Study. Although Meridian Road is anticipated to be a 3- lane roadway, the Ustick Road and Meridian Road intersection is anticipated to be a 4 by 6 intersection (4-lanes on Meridian Road and 6 lanes on Ustick Road). Due to the fact that there is 40-feet of right-of-way existing on Meridian Road (from centerline); the applicant will not be required to dedicated additional right-of-way with this application. This right-of-way will accommodate for the 4-lanes that are anticipated to be constructed in the future. Improvements District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). · Meridian Road is currently improved with 3-traffic lanes with curb, gutter and sidewalk abutting the site. Due to the fact that Meridian Road is fully improved at this time, the applicant will not be required to construct additional improvements on Meridian Road. Driveways District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled intersection to be located a minimum of 220-feet from the intersection for a full-access driveway and a minimum of 150-feet from the intersection for a right-in/right-out only driveway. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 3 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. · The applicant is proposing to construct a 3D-foot wide curb return type driveway that intersects Meridian Road approximately 150-feet south of the Ustick Road. District policy requires driveway located on arterial roadways to be constructed a minimum of 150-feet from a stop controlled intersection for a right-in/right-out driveway ONLY and a minimum of 220-feet'from a stop controlled intersection for a full access driveway. The applicant's proposed driveway location meets District policy for a right-in/right-out driveway ONLY and is located in alignment with Eastbrook Drive. Typically the District would require the applicant to install a 6-inch raised median in Meridian Road to ensure that the driveway functioned as a right-in/right-out driveway ONL Y, but the District tries to keep all public right-of-ways as full-access (Eastbrook Drive). Due to the fact that the driveway is in alignment with Eastbrook Drive, the District will allow this driveway to be a full-access driveway. If the Ustick Road and Meridian Road intersection should become signalized in the future or safety of the driveway should become an issue, this driveway will be restricted to a right-in/right-out driveway ONLY. 2. Ustick Road Right-oF-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. · Typically the District requires the dedication of 48-feet at right-of-way from the centerline at an arterial roadway. The District does require additional right-of-way at the intersection of two arterial roadways when the intersection is anticipated to widened and signalized in the future. Due to the fact that the Ustick Road and Meridian Road intersection is anticipated to be a 4 by 6 intersection (4-lanes on Meridian Road and 6-lanes on Ustick Road) the District will be acquiring additional right-ot-way. The additional right-of-way will accommodate for signal equipment and an additional left turn lane or a free right turn lane on Ustick Road. The applicant should dedicate 50-feet of right-of-way from the centerline of Ustick Road abutting the parcel. Improvements District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). . The applicant should construct a 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. The sidewalk should be constructed a minimum of 53-feet from the centerline of Ustick Road. Driveways . The applicant has not proposed to construct a driveway on Ustick Road. District staff is supportive of the applicant's proposal to have sole access on Meridian Road. 3. Cross Access The applicant has discussed the possibility of obtaining cross access with the church located directly to the west. Staff is supportive of cross access in this area. The applicant should obtain written approval from the property owner to the west allowing cross access among the parcels. ***The cross access may utilized for approved access points only. No new access points to Ustick Road will be allowed. 4. Other Access 4 Ustick Road and Meridian Road are classified as minor arterial roadways. Other than the access point that has specifically been approved on Meridian Road, direct lot access to Meridian Road and Ustick Road is prohibited. C. Site Specific Conditions of Approval 1. Dedicate 60~feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to. 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 30-foot wide curb return type driveway that intersects Meridian Road approximately 150- feet south of the Ustick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Construct a 5~foot wide detached concrete sidewalk on Ustick Road abutting the site. Construct the sidewalk a minimum of 53-feet from the centerline of Ustick Road. 4. Other than the access point that has specifically been approved on Meridian Road, direct lot access to Meridian Road and Ustick Road is prohibited. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 6 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 8 " , II II Development Process Checklist [8]Submit a development application to a City or to the County [8]The City or the County will transmit the development application to ACHD [8]The ACHD Planning Review Division will receive the development application to review [8]The Planning Review Division will do ~ of the following: DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time. DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also appl: to this development application. [8]Write a Staff level report analyzing the impacts of the development on the transportation system and evaluating thE proposal for its conformance to District Policy. DWrite a Commission level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. I8IThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission level reports. DFor All development applications, including those receiving a "No Review" or "Comply With" letter. · The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development RevleVl Division for plan review and assessment of Impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) · The applicant Is required to get a permit from Construction Services (ACHD) for ANY work in the right~f-way, includin~ but not limited to, driveway approaches, street improvements and utility cuts. DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) o Driveway or Property Approach(s) · Submit a "Driveway Approach Requesr form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. o Working In the ACHD Right-of-Way · Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application8 to ACHD Construction - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) o Sediment & Erosion Submittal · At least one week prior to setting up a Pr&-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. o Idaho Power Company · Vic Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being scheduled. o Final Approval from Development Services · ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9 '. Figure 1 t J."..: ~'..... . ),~' INDIVIDUAL ACKNOWLEDGEMENT STATE OF \ctrthD COUNTY OF MG:.., ) ) ) On this a \ day of ju \'\ ' in the year 200~ before meL.oJ:t:i-\fI r:t'R < , a notary public in and for the State of t\o.SC ,personally appeared ,~\O ),r'(:;t... , known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. ho Residing at t:D\SL \det\"")o . ............ .., '" """"C~'t M. l..JI "'''' ,," '100: ....~A. ~ ~ .. .~~ ~ " V' '=' i ~OT~RJo- \ : . -.- I E \ .oU8\..\C J / \ ~ - ...-....o.~ ......~ .- ~ ..,' ......'.e OF \,,~ ,.,' . P Pt. . . ~ . . . ,_ . . .""",---, .-- ....... To: City of Meridian RECEIVED : ,,":- 2 1 20Ot") ,~!lY OF MERIDIAN ; ..>.r rv ,':1 r=nv n""'-' _ . .... '..-., ./"( n '.J- <-'r r ~m.~ ~. ,__. ~ 'i "d.j' c: I certify that on the date of July 14, 2006 I posted notification signs of the August 3, 2006 Planning and Zoning hearing for the Ashtyn Park property, annexation and rezoning proposal, (located at the comer of South west U stick and Meridian Roads). One sign was posted facing Ustick "Road and one si n was posted facing Meridian Road. J ,~ Signed: Printed: nll't/7!) N' PKJce 7/ZI/OJ; I I Dated: Notorized: f~V\) Sf? ?5~~~8~'\~ do \<.JQ\ ,\dJj()lc;