HomeMy WebLinkAboutAshtyn Park Annexation AZ-06-034
RECEIVED
SEP 212006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O
(Limited Office District), by David Price, for Ashtyn Park.
Case No(s). AZ-06-034
For the City Council Hearing Date of: September 12, 2006 (fmdings approved on
September 26, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 12,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 12,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 12, 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
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-034- PAGE 1 of 3
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Development Agreement
Provisions listed in Exhibit D of the attached Staff Report for the hearing date of
September 12, 2006 incorporated by reference. The Staff Report is concluded to be
reasonable and the applicant shall meet all applicable requirements of the application
approval.
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:
The applicants request for Annexation is approved subject to the provisions listed in the
attached Staff Report for the hearing date of September 12, 2006 incorporated by
reference.
D. Attached: Staff Report for the hearing date of September 12,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-034- PAGE 2 of 3
By action of the City Council at its regular meeting held on the 2.6.f!:; day of
#~.- ,2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED 'flu'-
VOTED~
VOTED Ifjv-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
---
VOTED
Copy served upon:
ATTEST:
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-034- PAGE 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 9/12/06
Mayor & City Council
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
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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 1, of the Comprehensive Plan to include the following language: "At the
discretion of City Council, areas with a Residential Comprehensive Plan designation may request office
uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in
size. In this instance, no ancillary commercial uses shall be permitted."
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. Staff is recommending approval of
the Ashtvn Park Annexation (AZ-06-034), with a Development AlUeement for this proiect. The Meridian
Planning and Zoning Commission heard the item on August 3. 2006. At the public hearing they moved to
recommend approval. On September 12. 2006 the Meridian City Council approved this application.
a. Summary of Commission Public Hearing:
i. In favor: Van Elg
ii. In opposition: None
111. Commenting: Lester Vogle (irrigation water concern)
lV. Staff presenting application: Caleb Hood
Ashtyn Park Annexation - AZ-06.034
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER ]2.2006
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Uses allowed on this site with the proposed zoning.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
06.034 as presented in the staff report for the hearing date of September 12, 2006, with the
following modifications to the proposed development agreement: (add any proposed
modifications. )
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-06-
034 as presented during the public hearing on September 12, 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 ElglPhil Hull, The Land Group, me.
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
The applicant is requesting annexation approval of
Ashtyn Park Annexation - AZ-06-034
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12.2006
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).
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the 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 (Planning & Zoning
Commission hearing), and August 21,2006 and September 4,2006 (for City Council hearing)
c. Radius notices mailed to properties within 300 feet on: July 7,2006 (for Planning & Zoning
Commission hearing), and August 18, 2006 (for City Council hearing)
d. Applicant posted notice on site by: July 24, 2006 (for Planning & Zoning Commission
hearing) & September 2, 2006 (for City Council hearing)
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 of this 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
Ashtyn Park Annexation - AZ-06-034
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF SEPTEMBER 12.2006
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.
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. Canals/Ditches 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.
Staff is 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, ajoint 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
Ashtyn Park Annexation - AZ-06-034
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
received comments are "standard" and have been included within this report. Once a development
plan(s) 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 I, of the
Comprehensive Plan to include the following language: "At the discretion of City Council, areas
with a Residential Comprehensive Plan designation may request office uses if the property has
frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this
instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property
has frontage on two arterial streets (Meridian Road and Ustick Road) and is less than 3 acres in
size (2.9 acres total). Because a majority of the property is 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 Ustick 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)
Ashtyn Park Annexation - AZ-06-034
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
The applicant is not ~pecifically proposing to install any landscaping with the subject
annexation application. In order to construct bUildings on this site the applicant will be
required to construct internal and perimeter landscaping.
· "Permit new. . . commercial development only where urban services can be reasonably
provided at the time offmal 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 1, Objective B)
Staflbelieves 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.
Sta.fJfinds 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 ofthe 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 permitted 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 Joseph D. Canning, RLS) shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
Ashtyn Park Annexation - AZ-06-034
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER ]2,2006
Concept 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.
Buildin2: Elevations/Construction Materials/Buildin2: 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 fa~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 determined by the Planning Director or otherwise approved through a Conditional Use Permit.
Access: Vehicular access to this property is a challenge. This property has approximately 255 feet
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 Us tick Road. Therefore, the applicant is proposing a driveway that is approximately 350
feet south of Us tick Road. When the UsticklMeridian 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 pennitted uses within the requested L-Q zone. Staff
believes that these principally pennitted uses are appropriate for this property and meet the intent
of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that
can occur in the L-O zone with conditional use pennit approval. Staff is concerned that this area
may turn into a commercial retail site, and is recommending that the City limit the uses that can
operate on the site to 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 Facts 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.
Ashtyn Park Annexation - AZ-06-034
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12.2006
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 (CZC) issued by the Administrator. A certificate of
zoning compliance shall be issued only in conformity with the provisions ofthis Title and shall be
required before the issuance of a building permit. Prior to construction of any building on this
site, a certificate of zoning compliance permit 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 of Operation: 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.
Landscapin~: 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
CZC/Plat approval.
If the subject annexation and zoning application is approved, L-O property will be adjacent to
rural residential properties zoned RUT in Ada County and a church, 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).
Parkinll: 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).
Sanitarv 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 AlITeement is necessary to ensure that this property is developed in a fashion that is
consistent with the comprehensive plan and does not ne~atively impact nearby properties. If the
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 ofthis 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 Attorney. 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
Ashtyn Park Annexation - AZ-06-034
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
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
Report for the hearing date of August 3. 2006. On August 3. 2006 the Meridian Planninl;!: &
Zoning Commission voted to recommend approval of the subiect application. On September
12. 2006 the Meridian City Council voted to 300rove the subiect 3ooIication.
11. EXHffiITS
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 9
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2.2006
Exhibit A - Legal Description
:!D. e. J!t. &~~ d.IUY. 5505 W. Franklin Road. Boise, Idaho 63705-1055,
:f1Ln.LL 1__..1.... IiL:1fiS
land Description for
Annexation to the City of Meridian
10 November 2004
A portion of Lots 3 and 4 of Block 1 of Strasser Farms SubdIvision No, 2. as
shown on the official plat thereof on fila in the office of the Ada County, Idaho, Recorder,
and adjoining public right-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
descrlbed as follows:
Beginning at the northeast comer of said Section 1, whiCh Is the Real Point of
Beginning:
Thence SOO"17'24"W. 426.4-9 feet along the easterly boundary of
said Section 1 to the southerly boundary extended of said Lot 3:
Thence Na9" 19'19"W, 45.00 feet along the $Outherty boundary
extended of said Lot 3 to the southeast comer of said Lot 3;
Thence continuing N89019'19'W, 255.84 feet along the southerly
boundary of said Lot 3 to the extension of the westerly boundary of said
Lot4:
---Thence NOoo17'24"E(2oo-:-i-i feet ~rong ~the ext~nslon of the
westerly boundary of said Lot 4 to the southWeSl comer of said Lot 4;
Thence continuing NOQo17'24"E, 193.24 feet along the westerly
boundary 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 boundary of saId
SectIon 1;
Thence. S89019'43"E, 300.84 feet along the northerly boundary of
saId Section 1 to the Real PoInf of Beginning.
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MERIDIAN PUSUC
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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
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CITY OF MERIDIAN PLANNING DEP ARTMENT 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 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
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;
Council finds 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. Council 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. Council finds that future development of this property should
comply with the established regulations and purpose statement ofthe L-O zone.
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. 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,
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 is in the best of interest of the City (UDC II-SB-3.E).
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. In accordance with the fmdings listed above, Council finds that
Annexation and Zoning of this propertv to L.O would be in the best interest of
the Citv. if the applicant enters into Development Agreement (DA) with the City.
as mentioned in Section 10 of the Staff Reoort.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
C. Concept Plan and Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT 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 Citv 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 Ll.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 1) 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 of traffic, 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,
columns, 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) permit 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 Ustick and Meridian Road.
Exhibit D - Page 1
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.
Canning) shows the property as contiguous to the existing corporate boundary of the City of
Meridian. The Public Works Department has confirmed that the submitted legal description
meets the requirements of the City of Meridian and the Idaho State Tax Commission.
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 ofthe 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 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above 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 of the 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 DEPARTMENT 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 DI05.
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 PARKS DEPARTMENT
6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11- 3B-1 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-1O) will be followed.
Exhibit D - Page 4