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HomeMy WebLinkAboutValley Shepherd Church RZ-06-013 / CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Re-Zoning .43 acres from R-8 to 0- T by Paradigm Real Estate Holding. Case No(s). RZ-06-013 For the City Council Hearing Date of: February 27, 2007 (Findings on the March 13,2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 27,2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 27,2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 27,2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 27,2007 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 hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-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). RZ-06-013 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 27,2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 II-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 27,2007 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body ofthe City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of February 27,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 By action of the City Council at its regular meeting held on the / Sff: day of III ~"l?h , 2007. I ,'-'" COUNCIL MEMBER DAVID ZAREMBA VOTED~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYORT~deWEERD (TIE BREAKER) VOTED ~ ,,'\'~~>iJl1Y;~ I j:':" O/.;'i:",:::,;\i'" c".::",;' .:::~\. '. >,:.:~\ ~ \ .~ ~ \ ~ :: [:~-" ",,:--! I ~ er~ ~, ~J.j n t \ "'0. '-~r 1 '5\ .' .l,f' ,.::? -/ ~ ~'t: " '/111 ~. "" Copy served upon Applicant, The ;;ailffin!J~~~l1Wtn1en;~ Public Works Department and City Attest: Attorney. Qh '/ <::' -- V By: ....... (;U f) 1 c::))'1'tf7Vl. City Clerk Dated: C/~.~ I ~5 -0 -f CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 STAFF REPORT Hearing Date: 2/27/2007 Continued from 2/20/07 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 Valley Shepherd Church (39 W. Pine) Rezone ~;;di~'\ ,,;, IDAHO j , / "",.y];."''' flU! TO: FROM: SUBJECT: . RZ-06-0 13 Rezone of 0.43 acres from R -8 (Medium Density Residential) to 0- T (Old Town) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paradigm Real Estate Holding, has applied for a Rezone (RZ) of 0.43 acres from R-8 (Medium Density Residential) to 0- T (Old Town). The Applicant intends to convert the existing home on the site to a professional office, which is not an allowed use in the existing R-8 zone, but would be allowed within the proposed O-T zone. The subject property is located at the southeast comer of Pine Street and West 1 st Street in Section 12, Township 3 North, Range 1 West, B.M. The subject property is composed of one parcel currently referenced as Assessor's Parcel Number R9323750021. The site contains one exiting home that is currently owned and used by the Valley Shepherd Church. The existing home is proposed to be converted to a professional office as shown on the concept plan. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. The applicant has submitted a conceptual site plan for this site. The applicant is proposing to make site improvements at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to: parking, landscaping, and compliance with the Downtown Design Guidelines. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06~013, as presented in the staff report for the hearing date of February 27,2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Plannin\! and Zonin\! Commission heard this item on January 18. 2007. At the public hearinl! they moved to recommend approval. a. Summary of Commission Public Hearin\!: i. In favor: Gary McAlister ii. In opposition: None ill. Commentinl!: None iv. Staff presentinl! application: Justin Lucas v. Other staff commentinl! on application: None b. Key Issues of Discussion by Commission: i. Possible cross access to the east c. Kev Commission Chanl!es to Staff Recommendation: i. None d. Outstandin\! Issue(s) for City Council: i. None Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 The Meridian Citv Council heard these items on Februarv 27. 2007. At the nuhlic hearin!! they annroved the subiect rezone reouest. .&. Summary of Citv Council Public Hearin!!: i. In favor: Garland Risner 11. In oooosition: ~one lll. Commentinl!: Non~ lV. Written testimonv: None v. Staff oresentinl! aoolication: Anna Canninl! vi. Other staff commentimr on aoolication: None b. Kev Issues of Discussion bv Council: i. Cross access to the orooertv to th~ west ii. Eliminatimr the access to Pine uoonJ;Qmolete redeyelm!xm;nt of the orooertv .t. Kev Council Chan!!es to Commission Recommendation: i. b-dded a Db- orQ.vi~ion statiIJ,g that if the existimr buildinl! was ever removed a!!f.L~ new buildinl! built on the site. that the annlicant would abandon.a~e.s.s.Jo~Pirn< ~venue and. thereafter. take access off West 1st Street. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-013 as presented in the staff report for the hearing date of February 27, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-06- 013 as presented during the hearing on February 27, 2007, for the following reasons: (State specific reasons for denial of the rezone request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-013 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 39 W. Pine Street Section 12, T3N, RI W b. Owner: Valley Shepherd Church of the Nazarene 39 W. Pine Street Meridian, ill 83642 c. Applicant: Paradigm Real Estate Holding 12058 Le Grange Boise, ill 83709 Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 c. Representative: Garry McAllister d. Present Zoning: R-S e. Present Comprehensive Plan Designation: Old Town f. Applicant's Statement/Justification: The proposal is to rezone the subject property to Old Town and the use to Professional Office. The property will be remodeled inside and outside to meet the city code and zone requirements. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as detennined by City Ordinance. By reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 1 S\ and January 15th, 2007 (Planning Commission), January 29th, and February 12th, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: December 21 S\ 2006 (Planning Commission), January 26th, 2007 (City Council) d. Applicant posted notice on site by: January Sth, 2006 (Planning Commission), February 10th, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family residentiaVChurch use b. Description of Character of Surrounding Area: This site is located near the downtown core of Meridian. There are various uses in this area included offices, retail, residential, and an elementary school. c. Adjacent Land Use and Zoning 1. North: Pine Avenue and Meridian Elementary School, zoned R-4 2. East: Office Use, zoned O-T 3. South: Single Family Home, zoned R-S 4. West: W. 1 st Street and Single Family Home, zoned R.S d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This building is already serviced. Location of water: This building is already serviced. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for if removed. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/ A 5. Hazards: N/A Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 6. Proposed Zoning: 0- T 7. Size of Property: 0.43 acres f. Swnmary of Proposed Streets and/or Access: As shown on the concept plan, the applicant is proposing to have one direct access to Pine Street and five diagonal parking stalls on W.15t Street that will be placed partially within ACHD right-of-way. ACHD has provided comments regarding the proposed access point and parking. In the comments provided, ACHD appears to have no major objection to the access point and parking proposed, as long as the applicant enters into license agreement with ACHD for the parking located within the right-of-way. Staff is also supportive of the access point and parking as proposed by the applicant. Although diagonal parking that is directly accessed from the street is not a standard design, staff believes that it can work in this situation due to the location and low traffic volumes along W 15t Street. Staff is also supportive of the single access point to Pine and believes that maximum of one public street access should be allowed into this property (as/if allowed/approved by ACHD). 7. COMMENTS MEETING On December 29, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Old Town." The Comprehensive Plan defmes the Old Town district as: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." The applicant is requesting to rezone this property to O-T, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): · Chapter V, Goal II, Objective A, Action 3 - "Support compatible uses which will attract a high daytime and nighttime population to the downtown area." Converting the subject property to O-T and allowing more intense uses such as professional offices to locate on this property will increase the viability of the downtown area as an office and retail district that attracts a higher daytime population. · Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 As proposed in the applicant's concept plan only one access point will be allowed into this property off of Pine, which is classified as a minor arterial. There is currently an existing access point into this site from Pine. The proposed access point will not increase the number of accesses that this property currently has onto Pine Avenue. 9. ZONING ORDINANCE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-l lists the permitted, accessory, and conditional uses in the Traditional Neighborhood districts. Personal or professional services are principally permitted in the 0- T zone. . b. Purpose Statement of Zone: The purpose of the 0- T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, fmancial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high~density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONING ANALYSIS: The applicant's request to rezone the property to O-T is generally compatible with the surrounding land uses. The property to the west received approval for a similar rezone from R-8 to 0- T in early 2005 (Monson Rezone, RZ-05-00l). The O-T district is designed for a mix of uses such as residential, office and retail. The conversion of this property to professional office space will help to enhance the diversity of the Old Town area and help to create a downtown that provides jobs and services to the residents of Meridian. Based on the compliance of the proposed development with the Unified Development Code and the general confonnance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from R-8 to O-T is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. The legal description for rezoning submitted with the application (prepared on November 1, 2006, by John T. Eddy, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submitted with the rezone application with the following comments: · Access: There is one proposed access point into this site from Pine Avenue, shown on the concept plan. Staff is supportive of the proposed single access point. No other public street access should be pennitted with this development. The specific location of the proposed access should be approved by the Ada County Highway District. · Parking: The total square footage of the proposed office building is approximately 3,500 square feet (including 755 square foot garage which will be converted to offices). UDC ll-3C-6B requires one parking space for every 500 square feet of gross floor area. Using that calculation the applicant is required to provide seven parking spaces on this site. The applicant is proposing eight parking spaces (three standard and five diagonal spaces Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 located partially in the right of way) which meets this requirement. Although the diagonal spaces located partially in the right of way are not standard practice, staff believes that these spaces are a good solution to the parking problem that often arises on small redevelopment sites such as this. · Landscaping: The Downtown Meridian Design Guidelines, which govern development in the 0- T district, do not require street landscape buffers. The Guidelines were designed primarily for new construction in the downtown core where new buildings are required to be brought to the edge of sidewalk and essentially have no front setback. The subj ect concept plan only proposes to convert the existing residence to an office building and therefore is not required to pull the building to the back of sidewalk as would be required if new construction was proposed. Because this property has frontage along Pine, which is projected to operate as a minor arterial, (see COMPASS Functional Classification Map, preliminarily approved on March 20, 2006) and the building is to remain in its current location, staff believes that requiring some landscaping between the existing building and Pine would be beneficial, until the existing structure is removed or modified. At such time the proposal should be consistent with the Guidelines and the UDC. Due to the location of the existing building staff believes that a 20 foot wide landscape buffer designed in accordance with UDC 11-3B~7 should be provided along Pine Avenue for this project. All parking lot landscaping should comply with UDC II-3B-8. · Cross Access: Staff considered requiring the applicant to provide a cross access driveway to the neighboring property to the east which is also zoned O-T. Upon further analysis it became clear that providing cross access to this parcel was not feasible due to an existing utility pole that runs along the eastern property line. · Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pennit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11.5B-IA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. 2. Staff reconunends that a Development Agreement (DA) be required as part of rezoning this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: · All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. · The applicant shall be responsible for all costs associated with sewer and water service installation. . The following shall be the allowed uses on this property: Pennitted and accessory uses within the O-T zone. All conditionally pennitted uses in said zone shall be subject to CUP approval. · The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 permit from the Plarming Department prior to the conversion of the existing home to an office use. · Any exterior modifications or new construction shall be subject to the standards outlined in the Downtown Meridian Design Guidelines. · The applicant shall be allowed to construct only one driveway access to Pine Avenue, at a location to be approved by the Ada county Highway District (ACHD). No other public street access to Pine Avenue will be permitted to this site. · The applicant shall construct, at minimum, a 20-foot wide landscape buffer along Pine Avenue. At such time as the existing structure is removed or structurally altered, the landscaping may be removed as the Downtown Design Guidelines and the 0- T District Regulations of the UDC do not currently require street buffers along Pine. · The site shall be developed in general compliance with the concept plan submitted by the applicant (no date). · The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. · If the existing: buildinll ever is removed and a new building: is built on the site. that access to West Pine Avenue be abandoned and. thereafter. a~cess onlv be taken frQm West 1st Street. b. Staff Recommendation: Staff recommends approval of the proposed rezone (RZ-06-013), subject to the Development Agreement provisions listed above. The Meridian Plannine and Zonin!!: Commission heard this item on January 18. 2007. At the Dublic hearinl! they moved to recommend aDDroval. The Meridian City Council heard these items on Fehruarv 27.2007. At the nublic hearinp thev annroved the suhiect rezone reouest. 11. EXHIBITS A. Drawings 1. Vicinity / Current Zoning Map 2. Conceptual Site Plan B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 A. Drawings 1. Vicinity / Current Zoning Map j f. . L ~ 2 '" R-4 15 Jt; 1l ~ w ::l: SITE / PINE ,. " ,(};t O-T , R-S I 101>1-I0 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 2. Conceptual Site Plan :, -1 ,'<:1.:1>'9 .. ~ - - '" ;;, il. .~ !l ~i .<lI','J\ . . 'II ., I S, ..~ ~ ~ "' Ii@, U1 -Sl ::J \~ z W I.!J > I ;?; U;~U; <r ,<1)'<1) !9~:R U1 .!!h- Z I 0... I.!J << 3 I 6 R t--- itl '~ z. X :;r"l I w :l:" I 1 .l..33~..LS lost m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (stamped on November 1, 2006, by John T. Eddy, PLS) shows the property as contiguous to the existing cotporate boundary of the City of Meridian. 1.2 Prior to re-zone ordinance approval, the applicant shall enter into a Development Agreement with the city. See section 10 above for analysis and comments. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 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 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 of the project. 2.3 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 2.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 Ibs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.5 Maintain a separation of 5' from the building to the dumpster enclosure. 2.6 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. 2.7 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code offIcial. F or buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). 4.1 Widen the pavement on 1 st Street 30 to 35 -feet from the centerline of the roadway to the back of curb to accommodate 5 diagonal parking stalls on the public street. 4.2 Coordinate the design of the 45 degree diagonal on street parking with District Traffic Services staff. 4.3 Enter into a license agreement (encompassing a hold harmless agreement) with the District for the diagonal parking located within the right-of-way. An annual fee may be required for the license agreement. 4.4 Construct curb, gutter, and 5-foot attached concrete sidewalk abutting the site on 1 st Street. Construct vertical curb, gutter, and 5-foot attached concrete sidewalk along in inside ofthe diagonal parking area to make a clear distinction between the parking and sidewalk. 4.5 Construct one driveway to intersect Pine Street located approximately 5-feet west of the east property line (measures property line to near edge), as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 C. Legal Description , - /~5 5~e'v,tJf!!f)IJA~ -' November 1, 2006 Project: Garland Risner MERIDiAN FUBl.:a \II.'CIPKS DE~T ANNEXATION DESCRIPTION TO INCLUDE THE CENTERLINE OF WEST PINE AVE. AND WEST FIRST STREET ADJACENT TO SUBJECT PROPERTY FOR GARLAND RISNER BEING THE WEST 1/2 OF LOT 1, BLOCK 1 OF THE WEST VIEW ADDITION TO MERIDIAN LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 SECTION 12 T.3N.,R.IW., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the West 1/2 of Lot 1, Block 1, of West View Addition to Meridian to include to the centerline of West pine Ave. and to the centerline of West First Street adjacent to subject property, as recorded in the Ada County Court House, Boise, Idaho, and more particularly described as follows: Beginning at a brass cap marking the East 1/4 corner of Section 12, T.3N. ,R.IW., B.M., city of Meridian, Ada County, Idaho, which is also the centerline of Meridian street and centerline of West pine Ave., thence North 891124'44" West 162.89 feet along the northerly boundary of said Southeast 1/4, Section 12, which is also the centerline of West pine Ave. to a point, said point being the REAL POINT OF BEGINNING, thence continuing along said centerline 163.02 feet to a 2-inch aluminum cap marked centerline of West pine Ave.and West First St. thence leaving said centerline of West Pine Ave. South 0028'51" West 114.57 feet along the centerline of West First St. to a point, thence leaving said easterly boundary South 89P21' 36" East 162.65 feet along the southerly boundary of the said West 1/2 of the said Lot 1, Block 1 to an iron pin marking the southeasterly corner of said West 1/2 of Lot 1, Block 1; thence leaving said southerly boundary North 0"38'03" East 114.69 feet to the point of beginning. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above d sc . reel of land. ~ PLS 972 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 I) Ii! H 111 ~ "U u t .p "IU HI ~ 5: iI'. H~HJIJ! \! ll., ~ fuu~u HI t.1 :<: .. It: ......: 10 ~ I! HI; ~ ~ ,! tiDS..IIICO'ol!l.~ 'ItlltH ~ 'I i I!=lu J;j Ii ~ !l -12&1..111 t , " \.- " II li' ~ ~ "oS' -'$'If' ~ <. o"l.- -':"-& I 2J, --~-~+~~--~--.~-----OOY NWI,U" HJ&w "7.-------.----T---- ~I ' , I I . . I I ' ,'.6) I m ' -. s~ I 0"1 - "<L 0 \i .~ ~ S i N I~ u.- ~ <::L ~ I' <?' --l. - ....:,'0 "- / \.1"107'8 I ~D~~ AJ II I ~, r-->o.J' I ~ I '%:, '&-/ ' 0:1. 6.,,11'// ,,~ ~ fl''''. ...w ""'<r_ ~ ~ ~ i 1;;,' I ""' ~ ""I ~ \,,9 , ~i... ~I' ~\~ ~i I~ I " '~ .../' j& I '- , " il '" ~ I I~ ~ .'ij. fi ' ,r..;: ~I' I !~ ' i ! ."'lr L -"'..,-u~+-------- -----,_. i ! S a I ----f~- 'It'$-1?&'___ r6~----- .fE!I1s .701 ______._____.+' ____ . . .z J$;8J'.MV . I .%'.\Y1G8 .dO SlSrtl I i ' I ..J I <(, ~\ b\ ~ '~~~\1 <.:> ~~ i:l!l.- ::ow <-<;> "'''' ~~. ,.r ~. ii:,3' ~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007 D. Required Findings from Unified Development Code I. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject property to O-T. City Council finds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that professional offices are pennitted within the requested zoning district of O~ T. Staff and the Commission believe that the existing parcels in the area have already developed in a nature that is hannonious and appropriate to the proposed zone. City Council also finds that the proposed zoning and future uses on this site can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area, if the applicant enters into a development agreement with the City. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be rezoned as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D