Loading...
HomeMy WebLinkAboutHoyd Annexation AZ-06-062 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER - 'I; \(, ~ l' _1 In the Matter of Annexation and Zoning of 1.12 Acres from RUT (Ada County) to C-C (Community Business District) for the Property Located on the Northeast Corner of N. Meridian Road and Carmel Drive (Parcel No. 81106336020), by Kendall Hoyd. Case No(s). AZ-06-062 For the City Council Hearing Date of: March 6, 2007 (Findings on the March 20, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6,2007, 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 (LC. g67-6503). 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 g 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Conceptual Site Plan, Building Elevations, Findings, and Development Agreement provisions, all in the attached Staff Report for the hearing date of March 6,2007, 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 g 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, is hereby conditionally approved; and, 2. The applicant's Conceptual Building Elevations as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, are hereby conditionally approved; and 2. The applicant's request for Annexation with a C-C zone is approved subject to the Development Agreement provisions listed in Exhibit B of the attached Staff Report for the hearing date of March 6, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of March 6, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 By action of the City Council at its regular meeting held on the 1.. 0 I!:: day of lYl//t/'l-u^- , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ....... \\\\ -,' Iii ",,\ :\'1 ' fJ re.f' 'tte J " ...\c .,:1 ,_ I 2 V" ~HPor&1 ~ 1;.;,,-::.. i ~ B"'T>~\ ~~ fj';",",.cl..J ) Cle en. If? I t 7.,,~ \,\ ~ ~ ~ r 13\. /' J? $' ,..", '~ \",; ,V // ..c\'\' " Copy served upon Applicant, The ii~~ ~~'~nt, Public Works Department and City Attorney. By: Sh oJ) hl Svv1-'~ -fh City Clerk Dated: D.~ .- 22 -0 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 SUBJECT: Hearing Date: March 6, 2007 Mayor & City Council Sonya Watters, Associate City Planner (208) 884-5533 Boyd Annexation AZ-06-062 Annexation and Zoning of 1.12 acres from RUT (Ada County) to C-C (Community Business District), by Kendall Hoyd. i 0U:Jridt~ \ H),:,>HO STAFF REPORT TO: FROM: 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kendall Hoyd, has requested Annexation and Zoning (AZ) approval of 1.12 acres from RUT (Ada County) to C-C (Community Business District). The subject property is located on the northeast comer of N. Meridian Road and Carmel Drive, approximately ~ mile north of Fairview Avenue. The subject property is within the City's Area ofImpact and the Urban Service Planning Area. The applicant intends to construct a 14,000 square foot two~story office building on the site once the property is annexed and zoned. A conceptual development plan has been submitted with the annexation request that shows the location of the proposed building, parking, and an access drive going to the parcel north of the site for future cross-access. Conceptual elevations of the proposed office building have also been submitted. Staff is requesting that the applicant enter in to a Development Agreement that will include, among other provisions, that a cross-access agreement with the property owner to the north of the site be provided. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested Annexation and Zoning application. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-062) will be included in the Commission's recorrunendation to the Council. Staff is recommending approval of the Boyd Annexation (AZ-06-062), as presented in the staff report for the hearing date of February 1, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions listed in Section 10. The Meridian Plannin2 and Zonin2 Commission heard this item on February 1. 2007. At the public hearin2 thev moved to recommend approval. a. Summary of Commission Public Bearin2: i. In favor: Kendall BOyd (Applicant/owner) ii. In opposition: None iii. Commentin2: None iv. Staffpresenti02 application: Sonya Watters v. Other staff commentin2 on application: None b. Key Issues of Discussion bv Commission: i. Deshm of future buildin2: appearance from Meridian Road: c. Key Commission Chan2es to Staff Recommendation: i. None Hoyd Annexation - AZ-06-062 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 d. Outstanding: Issue(s) for City Council: i. The applicant is required to submit a rear (Meridian Road) building: elevation for Council's review. The Meridian City Council heard this item on March 6. 2007. At the DubHe hearinp they aDnroved the subject AZ reouest. .a. Summary of City Council Public Hearinp: i. In favor: Kendall Hoyd.!A12I!licantJOwner) ii. In onnosition: ~one iii. Commentinl!: NQnt; iv. Written testimO!lY: None v. Staff J1rf!sentinl! annlication: Ann.a....Canninl! vi. Other staff commentinl! 011 annlication:.NQm; b. Kev Issues of Discussion bv Council: i. None .to Kev Council Chan!!es to Commission Recommendation: 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 Pile Number AZ- 06-062 as presented in the staff report for the hearing date of March 6, 2007, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny Pile Number AZ-06- 062 as presented during the public hearing on March 6, 2007, 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 Pile Number AZ- 06-062 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: Parcel #Sll06336020 Generally located on the northeast corner of N. Meridian Road and Carmel Drive, in the S.W. ~ of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Kendall Hoyd 10835 W. Treeline Court Boise, ill 83713 c. Applicant: Hoyd Annexation ~ AZ-06-062 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Same as owner d. Representative: Kendall Hoyd (Owner/applicant) e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting approval to annex and zone 1.12 acres from RUT (Ada County) to CAC (Community Business District). h. Applicant's Statement/Justification (see Applicant's application and letter): After the property is rezoned, the applicant intends to build a two-story office building of approximately 14,000 square feet in the southwest comer of the property. The property will have shared access with its neighbor immediately to the north and with required landscaping and open space should have approximately 55 parking spaces. Primary tenants will be Reality Building Design, Inc., a residential drafting finn, and Performance Engineers, Inc., a structural engineering firm. These businesses will occupy slightly over half of the building and the LLC that owns the building will be seeking similar tenants for the remainder of the space. Hours of operation will be standard business hours, from approximately 8:00 am to approximately 6:00 pm. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 15, 2007, and January 29,2007 (Commission); February 12. 2007 & February 26. 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: January 5,2007 (Commission); February 2. 2007 (City Council) d. Applicant posted notice on site by: January 17, 2007 (Commission); February 20, 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The properties to the north and south are designated as Commercial on the Comprehensive Plan Future Land Use Map. The property directly to the south is vacant and further to the south is a commercial childcare facility. The property to the north has an existing house and is zoned R1 in Ada County but is currently requesting annexation into the City with a C-G zone for an extension of the Hartz Music Shop use further to the north. The property to the east is designated High Density Residential and is developed with attached residential homes. The property to the west is designated Mixed Use - Community and is currently zoned RUT and has a rural residential home with a pasture on it. The properties in this area fronting N. Meridian Road are rapidly transitioning from rural residential to commercial properties. c. Adjacent Land Use and Zoning: 1. North: SingleAfamily residence, zoned R1 (Ada County); further north, Hartz Music Shop, zoned L.O. Hoyd Annexation ~ AZ-06-062 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. East: Single-family attached residences (La Playa Manor Estates) , zoned R-8 3. South: Vacant, undeveloped land, zoned Rl (Ada County); further south, a commercial childcare facility, zoned C-C. 4. West: Single-family home & pasture on large parcel, zoned RUT (Ada County). d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. Location of water: There is currently a water main in Meridian Road. Issues or concerns: A portion ofthis site is in the AE flood zone, any new building on this site would require elevation certification. 2. Vegetation: There are some existing trees on the subj ect property that should either be preserved or mitigated for at the time of development. 3. Flood plain: A small portion of this property at the northeast comer of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. 4. Canals/Ditches Irrigation: None 5. Hazards: None 6. Proposed Zoning: C-C (Community Business District) 7. Size of Property: 1.12 acres f. Summary of Proposed Streets and/or Access: The Concept plan submitted with this application shows access being provided from Cannel Drive with no direct access to N. Meridian Road. A driveway is also shown at the north boundary for future cross-access with the property to the north. Staff is supportive of the proposed cross-access with the property to the north and the proposed access to Carmel Drive. Direct access to N. Meridian Road is not requested or approved with this application. Although they have not provided specific comments on the subject annexation application, ACHD generally restricts direct access to arterial streets and encourages combined access points as well. ACHD has provided general comments in Exhibit B that may be applicable upon future development of the property. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table ll-2B-3), a 25-foot wide landscape street buffer is required adjacent to N. Meridian Road, an arterial roadway. A 10-foot wide buffer is required along Carmel Drive, a local/commercial roadway. 2. Width ofbuffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-C zoned property and residential uses. Currently, there are residential uses to the east and north ofthis site. However, an annexation application is currently in process for the property directly north of the site, owned by Matthew Hartz, to annex and zone the property C-G. lfthe annexation request is approved prior to the development of this property, the 25-foot wide buffer would not be required along the north boundary. Hoyd Annexation - AZ-06-062 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 7. COMMENTS MEETING On January 12, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police 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 "Commercial". The Comprehensive Plan defmes the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-C, which is consistent with the Comprehensive Plan designation for this site. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: )- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department, who currently shares resource and personnel with the Meridian Fire Department. )- The lands are currently serviced by the Ada County Sherriff's Department. If annexed, the lands will be serviced by the Meridian Police Department (MPD). )- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. )- The subject lands are currently serviced by the Meridian School District #2. This service will not change. )- The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual development plan, the applicant is proposing a single access to Carmel Drive and no direct access to N Meridian Road, an arterial street. A driveway stub Hoyd Annexation - AZ-06-062 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 to the parcel to the north is also proposed for future cross-access out to Carmel Drive. City and ACHD staff are supportive of restricting direct access to arterial streets. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) North Meridian Road is designated as an arterial street. Carmel Drive is designated as a local/commercial street. By City Ordinance, a 25-foot wide landscape buffer is required adjacent to Meridian Road and a 1 V-foot wide buffer is required adjacent to Carmel Drive. These Landscape buffers will be required by the City with future Certificate olZoning Compliance (CZC) 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. However, in order to constmct a building on this site the applicant will be required to install 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 the residential subdivision (La Playa Manor Estates) to the east. 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) Staff believes that the proposed C-C zone, which allows office uses, does contribute to the variety of uses in this area which include: a music shop, offices, multi-family homes, a grocery store, and other future commercial uses. Staff finds that the proposed zoning to C-C zone is harmonious with and in accordance with the Comprehensive Plan. 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 sitefor commercial 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 C-C zoning district. Personal and Professional Services (offices) as well as healthcare or social services, flex space, fmancial institutions, education institutions, churches, indoor & outdoor entertainment facilities, etc., are listed as principal permitted uses in the C-C 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 Hoyd Annexation - AZ-06-062 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 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 a commercial zone which would allow for future professional office uses on the site. The applicant is requesting a C-C zoning designation rather than an L-O designation because the intended square footage (14,000 square feet) of the future building for this site exceeds the maximum building size allowed in UDC Table 11-2B-3 without design standard approval in the L-O zone. For this reason, the applicant prefers to annex and zone the property to the C-C zone and not go through design standard approval as required in the L-O zone as required for the intended size of the future building. Because the Comprehensive Plan designates this property as "Commercial" and not specifically "Office," staff supports the C- C zoning designation proposed by the applicant. According to current City Code, professional offices are principally permitted uses in the proposed C-C zone (UDC Table 11-2B-2). The proposed C-C zoning designation also complies with the Comprehensive Plan Future Land Use map designation of Commercial. The applicant has submitted a conceptual site plan showing how this site is proposed to develop with a two-story, 14,000 square foot office building, 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 C-C zoning, staff believes that the zoning of this site to C-C 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 22, 2006 by Michael E. Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan are not legible on the reduced copy submitted with the application. All parking areas, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code. Building Elevations: The applicant intends to construct one 14,000 square foot, two-story office building on this site (see conceptual building elevations in Exhibit C). The applicant has submitted details of the intended construction materials for the future building as follows: "The majority ofthe exterior finish will be a one-coat-stucco-system with raised accents around windows and comers, while the bottom of the lower story will be fmished in a cultured stone wainscot with a "stack-stone" appearance on all four sides of the building. All fascia and soffits will be a paintable fiber-cement or durable hardboard trim. The entry will be accented with a natural or painted heavy timber appearance. Roofing material will be a 40- year heavy architectural asphalt shingle in a slate or black shade. All exterior doors will be heavy commercial grade construction and finish. Windows will be Energy Star@, low-E, color-coordinated heavy vinyl." Any new structure should be generally compatible in appearance and bulk with the elevations provided with the application attached in Exhibit C and the construction materials detailed above, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. Hoyd Annexation - AZ-06-062 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Access: The conceptual site plan shows this property being accessed from Cannel Drive, not Meridian Road. A driveway is also shown at the north boundary, which will provide future cross-access with the property directly north of the site. As part of the Development Agreement for this site, the applicant will be required to grant a cross-access easement to the property directly to the north. (see Exhibit B). Direct access to N. Meridian Road is not proposed or approved with this application. Hours of Operation: In the applicant's submittal letter, the applicant states that the hours of operation for the proposed development will be standard business hours from approximately 8:00 am to 6:00 pm. Staff is recommending as part of the Development Agreement that the hours of operation for future businesses on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses east of the site. Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape buffer is currently required adjacent to arterial roadways. Cannel Drive is classified as a local road; a 10-foot wide landscape buffer is currently required adjacent to local/commercial roadways. There are existing residential uses to the east and north ofthe site; a 25-foot wide landscape buffer is required between C-C zoned property and residential uses (UDC Table 11-2B-3). Note: The property owner to the north currently has an application in process to annex and zone the property directly to the north to a commercial zone. If this request is approved, a 25-foot wide landscape buffer along the north boundary will not be required. All landscape buffers will be required by the City with future CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Flood plain: A small portion of this property at the northeast corner of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. Because of this, any new building on this site shall be required to receive elevation certification. Parking: 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). There are 43 parking stalls shown on the conceptual site plan; only 28 are required by ordinance. The parking shown on the conceptual site plan meets and exceeds the requirements ofthe unc. Certificate of Zoning Compliance: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the PlalUling Department for all new construction on the subject property. A copy of the recorded cross-access easement/agreement with the property owner directly north of the site shall be submitted to PlalUling staff prior to CZC issuance. Development Agreement: UDC ll-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 and proposed cross-access, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline ofthe commitments of the developer being required. A Development Agreement (DA) will be required as part of the alUlexation 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 Hoyd Annexation - AZ-06-062 Page 8 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 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 include, at minimum, the following: · A cross~access easement to Cannel Drive shall be provided to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. . The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. . The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. · Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. · The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. . The applicant shall be responsible for all costs associated with sewer and water service installation. . No direct lot access to Meridian Road shall be allowed to this site. . Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. . Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. . Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. . Sidewalks shall be installed along N. Meridian Road and Carmel Drive. . Any new building on this site shall be required to receive elevation certification. . The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. b. Staff Recommendation: Staff recommends approval of the subject application AZ-06-062, with the Development Agreement provisions listed in Exhibit B of the Staff Report, for the hearing date of February 1,2007. The Meridian PlanninlZ and ZoninlZ Commission heard this item on Februarv I, 2007. At the public hearinlZ they moved to recommend approval, with the condition that a rear elevation be submitted for Council's review and approval at the public hearinl!. The Meridian Citv Council heard this item on March 6. 2007. At the DubHc hearin!! thev anD roved the subiect AZ reouest. 11. EXHmITS A. Drawings Hoyd Annexation - AZ-06-062 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations & Construction Materials B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Hoyd Annexation - AZ-06-062 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Exhibit A 1. Vicinity Map "', \/ ~ -~{ , '~~1B' ~ '''-~~~J:z~'''~;~'1 ~- L ---I ,~, r'--~ 'Z{):ir:' --SP~.wQOo 'r--.~{"",~ ~ ~~ ;- -~~ -CHE'RRY ~~~ ~~J ---< \ \. \ \. \\ ,.,..~~---------"~ JAMI!.s..cCiWIl::r- Om ,,,.,,-.1 ! ""$ , L1RIDG,E__ /.. / '" / " ~PJH"".' ...----,-, i~ "' h....,~ ~ ;,. '. ,., '>- ~- / '/ ..... ~ /'--'(/ I . ''<, ;J to ,/ '< /'/'0~~ ~ / / >,.~~ / <://0'A"~ J ./(;/ / /' I"' ~,.- .......... / j'-, ,<// /.- '--<// " ft,,< / 'I.., / " " " F _J E .. ,e ~ m ~\:\ ; FF~ \ \/...\ '''~RI:J )<'\2 IItL/ "< ..~-\ ", l " -~,.- -11''' " i .....\~ " ~ ...... 1tr -;;';':,fNIE'fI '~ v;/~i aJ I r....' "I r-'-n ~ II r r I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2007 2. Conceptual Site Plan ",..,....., -~-- _. . ~~ !i ~I II .~ ~ ; .~ w II I f ~ Exhibit A jOolif'.ay.r: .p I .' ~- ;. J . ~J !. , - --t " . ~ ~~ '. ~~ ....":, .H'"J...."'"II(...~. .',. ........15' ..., IIIIlrl'-c'i . ~T.f CARMEL DRIVE ~. ... ._'-,,:> CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2007 3. Conceptual Building Elevations & Construction Materials (Revised) Front Elevation: ('.iI '-' Side Elevation: Construction Materials: The maioritv of the exterior finish will be fiber-cement with raised accents around windows and corners. while the bottom of the lower storv. and the corners from floor to too of 2nd floor walls will be finished in a cultured stone wainscot with a "stack-stone" aooearance on all four sides of the building. All fucia and soffits wiIJ be a oaintable fiber-cement or durable hardboard trim. The entrv will be accented with a natural or oainted heavv timber aooearance. Roofing material will be a 40-vear heavy architectural asohalt shinl!le in a slate or black shade. All exterior doors will be heavv commercial l!rade construction and finish. Windows will be Enemv Star@. low-Eo color-coordinated heavv vinvl. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Exhibit B Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on November 22, 2006, by Michael Marks, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to the annexation ordinance approval, a Development Agreement 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 include, at minimum, the following: · Provide a cross-access easement to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance for any new building on the site, provide a recorded copy of said cross-access easement. . The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. · The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. . All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. · Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. · The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. . The applicant shall be responsible for all costs associated with sewer and water service installation. · No direct lot access to Meridian Road shall be allowed to this site. · Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. · Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Cannel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. . Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. . Sidewalks shall be installed along N. Meridian Road and Cannel Drive. . Any new building on this site shall be required to receive elevation certification. . The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 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 ofthe fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 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 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. 2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. A turn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.6 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. 2.7 Commercial and office occupancies will require a fIfe-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.8 Maintain a separation of 5' from the building to the dumpster enclosure. 2.9 Provide a Knox box entry system for the complex prior to occupancy. 2.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.11 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 fIfe 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3. POLICE DEPARTMENT 3.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 3.2 Any interior fencing proposed along the creek shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4. ADA COUNTY HIGHWAY DISTRICT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 4.1 District policy requires 96-feet of right-of. way on arterial roadways (Figure 72-FIB). This right- of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 4.2 District policy requires 7-foot wide attached (or 5.foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). 4.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 4.4 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 30-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. 4.5 District policy 72-F4 (1) and 72.F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). 4.6 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 iflocated on local streets. Curb return type driveways with IS-foot radii will be required for driveways accessing collector and arterial roadways. 4.7 Staff recommends that the applicant and/or representative schedule a pre-application meeting with District Staff prior to design and submittal of a formal development application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1,2007 Exhibit C Legal Description & Exhibit Map l1\j\L~~ cu~ HOYD PROPERTyf~EZONE MERIDJAN A.PARCEL OF LANDLQCATEO INTHE SW 1/4 OFSECTIQN 6. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, . MORE PARTICUlARLY DESCRIBED As FOLLOWS: COMMENCING AT A BRASS CAP MARKING THESW CORNER OF SECTION 6. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, . THENCE N 00"25"30" W A OIST ANCE OF 1004.09 FEET TO THE REAL. POINT OF BEGINNING; . THENCE N 89'34'30" E A DISTANCE OF 235.70 FEET ALONG THE NORTH RIGHT-Of-WAY OF EAST CARMEL DRIVE TO A POINT: THENCE 31.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET, A oaTA OF 5:2'05'30" AND A CHORD BEARiNG OF N 63'31'45" E A DISTANCE OF 30.74 FEET TO A POINT; . THENCE N 37"29'00' E A DIST~NCE OF 48.84- FEET TO A POINT ON THe CENTERLINE OF FIVE MILE CREEK; . . LEAVING SAIO RIGHT -OF"WAY AND ALONG THE CENTERLINE OF FIVE MILE CREEK: THENCEN 53' 14'2r W A DISTANCE OF 81.93 FEET TO A POINT; THENCE N 06"J4'Og:' W A DISTANCE OF 224.11 FEET TO A POINT; LEAVING SAID CENTERLINE; THENCE S 68.25'12" W A DISTANCE OF 6,26 FEET TO A POINT; THENCE 800'25'30" E A DlSATNCE OF foW.26 FEET TO A POINT; THENCES.S9"39'14" W A DISTANCE OF 197.81 FEET TO APOlfI/T ON CENTERLINE OF NdRTH MERIDIAN ROAD; THENCE S 00.25'30" E A DISTANCE OF 230.26 FEET TO THE REAL POINT OF BEGINNING, . pueuc ""ER\PI~t4S aEP1 >NOR" R6\Il~~~ e'(~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1,2007 EXHIBIT " A " B~EVI~eYROW\\.. V . 1,: MERIDiAN PUel..lC WORKS DEPT ~~~.'~'W ~. ..'I: .':).!'I'D;)~'~D ;~~ ri N JOm' ~ ~ i" ~ ~1I'l'.W 'fHl' . 1~~' .., ~ ~ '"all ~~~...S I z I,~~ ~ l~3 ~I .Slll'J~JJS:t::: !, ~.' ..~:jl''L """'..,3(1'[ lJ5.70' CARMEL DRIVE ". ~i~ i ~I~' I "J T.:lN.. Itl.~_ II.IL 8.1 B., $.12 1.7 i m'ciJ~\.v U~( . B f (~~~~ J'~;p+~~~l ~y~ OOI~RiN.CL,~,~~D._.. CHERRY LANE HaYD PROPERTY LOCATED IN SECTION 6, T.3 N., R.1 E., 8.M. MERIDAIN, ADA COUNTY, IDAHO OAAWN: CSM , DATE:' 1/15/06 SCALE: '.=100' I' )OB~b. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAPP REPORT FOR THE HEARING DATE OF MARCH 1,2007 D. 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 C~C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed professional offices would be permitted uses within the requested C-C zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plan for this site. A detailed plan will be submitted with the CZC application. The City Council fmds that future development of this property should comply with the established regulations and purpose statement of the C-C zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City 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 fmding. 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, The 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. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subj ect property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C-C would be in the best interest of the City, if the applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D