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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1 202007 a , STAFF REPORT Hearing Date: November 1, 2007 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Strada Bellissima • CPA-07-012 ~c'r ~ ~ ~ooT C?tY Uf Mericliu3a E ID~~-T~~-~~re IDAHO Comprehensive Plan Map Amendment to change the land use designation from Low Density Residential to Commercial, by the Strada Bellissima Commercial, LLC • RZr07-013 Rezoning of 1.76 acres from L-O (Limited Office) to C-N (Neighborhood Business District) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the Comprehensive Plan. The applicant, Strada Bellissima Commercial, LLC, is proposing to change the existing "Low Density Residential" Map designation to the "Commercial" designation for 1.76 acres. Concurrent with the CPA request, the Applicant has applied for rezoning (RZ-07-013) of 1.76 acres from L-O (Limited Office) to C-N (Neighborhood Business District). The applicant is requesting the rezone to allow retail and restaurant uses adjacent to the existing residential development. As part of the Strada Bellissima approval, the City Council approved a 20% land use exception for the commercial (office) portion of the development. The subject out parcel was not part of the original Final Plat approval; however it was annexed and zoned L-O in 2006. The property is located on the northwest corner of Meridian Road and Victory Road in Section 24, Township 3 North, Range 1 West, B.M. The property currently lies within Meridian City limits and is zoned L-O (Limited Office). The commercial (office) portion of the Strada Bellissima development is primarily along Meridian Road. The parcels subject to the rezone are located off of Victory Road just west of the office lots adjacent to Meridian Road. Currently there is a dentist office on Lot 4 and Lot 5 is under construction with an office building. This rezone is contingent upon approval of the concurrent map amendment (CPA-07-012) to "Commercial." If approved, this amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Per Idaho Code, Comprehensive Plan Map Amendments are allowed only every six months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended. The previous recommendation of an amendment to the land use map by the Commission occurred on Apri15, 2007. This time frame exceeds the minimum six month requirement between the last and the current map amendment request. Strada Bellissima -CPA-07-012 & RZ-07-013 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the applications below. Staff supports the Comprehensive Plan Amendment and rezone requests. Staff believes "Commercial" Land Use Map designation and zoning designations for the subject property would be in the best interest of the City. Staff recommends approval of the request to amend the Comprehensive Plan Future Land Use Map to the "Commercial" land use designation and rezone the subject property to C-N, as presented in the staff report for the hearing date of November 1, 2007. 3. PROPOSED MOTION Approval I move to recommend approval to the City Council of File Numbers CPA-07-012 and RZ-07-013, as presented in the staff report for the hearing date of November 1, 2007. Continuance I move to continue File Numbers CPA-07-012 and RZ-07-013, to the hearing date of (insert date), for the following reason(s): (You should state specific reason(s) for continuance.) Denial I move to recommend denial to the City Council of File Numbers CPA-07-012 and RZ-07-013, as presented in the staff report for the hearing date of November 1, 2007, for the following reasons: (You should state specific reasons for denial.) 4. APPLICATION AND PROPERTY FACTS a. Site Address /Location: Northwest corner of Victory Road and Meridian Road Section 24, Township 3 North, Range 1 West, B.M. b. ApplicandOwner: Strada Bellissima Commercial, LLC 9560 W. Pebblebrook Lane Garden City, Idaho 83714 c. Representative: Michael Crawford, Pinnacle Engineers, Inc. d. Present Zoning: L-O (Limited Office) e. Present Comprehensive Plan Designation: Low Density Residential f. Applicant's Statement /Justification: The Applicant requests a CPA of the property from a low density residential designation to a commercial designation to allow for restaurant and retail uses. The subject parcels were zoned L- O as ause exception with the previous approval of the Strada Bellissima Planned Development. It is our contention with the addition of these services, the potential is there to reduce vehicle trips and provide services within walking distance of the surrounding residential subdivisions. Please see the Applicant's narrative for more information. Strada Bellissima -CPA-07-012 & RZ-07-013 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and the City Council on this matter. b. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-2A-2D, a public hearing is required before the Commission and the City Council on this matter. c. Newspaper notifications published on: October 15, 2007; October 29, 2007 d. Radius notices mailed to properties within 300 feet on: October 5, 2007 e. Applicant posted notice on site by: October 22, 2007 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: A mix of developed and undeveloped commercial uses along the Meridian Road Corridor and residential uses surrounding the proposed and existing commercial uses. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Strada Bellissima Subdivision No. 1, zoned R-4 2. South: Vacant Land, zoned RUT (Ada County) 3. West: Single-family residential, Strada Bellissima Subdivision No. 2, zoned R-4 4. East: Retail and Landscape Nursery, Mussell Corner and Emerson Park, zoned C-G d. History of Previous Actions: In 2004, City Council granted approval for the annexation and zoning (AZ-04-028) of approximately 43.8 acres to R-4 (medium Low Density Residential) and L-O (Limited Office); preliminary plat (PP-04-038) approval of 90 residential lots and 14 office lots; and conditional use permit for a mixed use planned development of residential and commercial (office) uses. The office lots were final platted (FP-OS-022) in 2005 as part of Phase 1 for the Strada Bellissima Subdivision No. 1. In 2006, the City council approved the annexation and zoning (AZ-06-002) of 0.43 acres to L-O (Limited Office) for an out parcel. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: W Galvani Drive Location of water: W Galvani Drive 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals /Ditches /Irrigation: The Ridenbaugh Canal transverses along Victory Road south of the subject property. 5. Hazards: Staff is not aware of any potential hazards on this site Strada Bellissima -CPA-07-012 & RZ-07-013 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 6. Proposed Zoning: C-N (Neighborhood Business District) 7. Size of Property: 1.76 acres £ Summary of Proposed Streets and/or Access (private, public, common drive, etc.): No direct Lot access is permitted onto Victory Road. Access to Victory Road will be from S. Alfani Way and access to the subject property will be from W. Galvani Drive. All internal streets and access points are already constructed for the subject property. 6. COMMENTS MEETING On October 12, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this is only a CPA and RZ, comments are for informational purposes only. 7. CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. The applicant is requesting a map amendment to "Commercial" to allow retail and/or restaurant uses for the subject property. The requested "Commercial" designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA and RZ applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration. Please see Exhibit D for detailed analysis of the required findings for a Comprehensive Plan Map Amendment and Rezone. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to these applications (Staff analysis is in italics below policy): • Chapter VII, Page 105 -Definition of "Commercial": "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." Due to the size of the property (1.76 acres) and its adjacent location to commercial and residential lots, Staff believes this is a viable location for some limited retail and restaurant uses for the residents and future employees in the area. • Chapter V, Goal III, Objective D, Action 5, Page 43 -Require all commercial and industrial businesses to install and maintain landscaping. The site is already improved with street buffer landscaping on W. Galvani Drive, Victory Road, and S. Alfani Way; internal parking lot landscaping; and perimeter landscaping that is adjacent to vehicular use areas. Strada Bellissima -CPA-07-012 & RZ-07-013 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 Chapter VII, Goal I, Objective B, Page 109 -Plan for a variety of commercial and retail opportunities within the Impact Area. Under the current L-O zoning district, the site is prohibited from having retail uses and requires CUP approval for restaurant uses on the site. The GN zoning district allows both retail and restaurant uses (among others) as principally permitted uses. Therefore, if the subject rezone is approved, Staff believes that the potential retail, restaurant and associated office uses do, in fact, contribute to the variety of services located within the area and will complement the existing and anticipated commercial and residential uses adjacent to the site. • Chapter VII, Goal III, Objective A, Action 1, Page 111 -Ensure that adequate public services, including transportation, for existing and future development are provided. City services are currently available to the subject property. • Chapter VII, Goal IV, Page 112 -Encourage compatible uses to minimize conflicts and maximize use of land. As noted above, there are residential uses to the north and west and office uses to the east. The subject site is separated from any adjacent residential use by a public street. Further, Staff believes that the proposed "Commercial " land use designation of this property will be compatible with the existing L-O zoned properties east of the site. Currently the subject property is zoned L-D which is one of the four commercial zones allowed with a Commercial Land Use Designation. Both the L-O and the GN zoning districts are considered transitional zoning districts and either should have minimal impact on the surrounding residential uses. • Chapter VII, Goal N, Objective D, Action 5, Page 114 -Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.). The property is currently vacant; however a 35 foot wide street buffer has already been installed along Meridian Road. Additionally, a 20 foot landscape buffer is required adjacent to Victory Road, as previously approved with the final plat of the Strada Bellissima Subdivision No. 1. 9. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction and establishment of new uses on the subject site will require Certificates of Zoning Compliance. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site. Strada Bellissima -CPA-07-012 & RZ-07-013 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER I, 2007 c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently designated for commercial uses, and proposed for commercial uses, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifted over the last 20 years from afarming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy, with regard to the types of lands needed to support the economic and employment needs of the community, has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently zoned for commercial uses. The applicant is requesting the rezone to C-N to accommodate retail and restaurant uses within the development. Staff believes a mix of commercial uses adds to economic viability of the City. e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services that are sized at commercial levels. £ School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff believes the proposed plan amendment will not negatively impact transportation within the City of Meridian. The subject site does not have direct lot access to Victory Road. The intersection at Victory Road and Meridian Road has been improved as a signalized intersection. Staff believes these changes can accommodate the increased road traffic that will be generated from retail, restaurant, and office uses. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that the use of this property, as proposed, will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. j . Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The subject property falls within Flood Zones "X" of the Ridenbaugh Canal, to the south of the site. Strada Bellissima -CPA-07-012 & RZ-07-013 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 k. Recreation Recreation resources within Meridian include seven City parks totaling approximately 210 acres. The City is in process of developing new park facilities. The City also maintains several pathways. A ten foot multi-use pathway has already been constructed on the site in accordance with the City's Pathway Network. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. The subject site has already been approved for commercial (office) uses. By changing the land use designation to Commercial, the property will be in conformance with the Comprehensive Plan. However, Staff fmds the proposed retail and restaurants are more intense than professional office uses. Due to the size of the property, staff believes it should not negatively impact the surrounding residential neighborhoods. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the city to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owner, Strada Bellissima Commercial, LLC. 10. UNIFIED DEVELOPMENT CODE ANALYSIS The Applicant is requesting that the property be rezoned from L-O to C-N. If the concurrent CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to "Commercial," the requested rezone to the C-N zoning district would comply with the new Map designation for this property. It also important to note the current L-O zoning district would also comply with the proposed Commercial land use designation. The rezone legal description prepared by Kevin N. Sorensen, PLS, dated June 4, 2007, is accurate and meets the requirements of the City of Meridian and State Tax Commission. All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), conditional (C), or prohibited (-) within the proposed C-N district. The proposed Strada Bellissima -CPA-07-012 & RZ-07-013 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 restaurant and retail stores to be located on-site are principally permitted within the C-N zone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C-N zone.) In consideration of the applicants request, Staff reviewed the allowed uses in both the C-N & L- Ozones contained in UDC Table 11-2B-2 and determined the following: day care (group), churches, educational institutions, financial institutions, personal or professional services and healthcare or social services are examples of uses that are permitted in both the C-N & L-O zones; art studios and retail stores are permitted uses in the C-N zone and outright prohibited in the L-O zone; outdoor recreational facilities, building supply stores, drinking establishments, drive-through establishments and fuel sales facility are conditional uses in the C-N zone and outright prohibited in the L-O zone; animal care facilities, indoor recreational facilities, laundromats and restaurants are a conditional use in the L-O zone and principally permitted in the C-N zone. Other conditional uses required in both the L-O and C-N zoning districts include: nursery, residential care facility, civic centers and vertically integrated residential project. Further, the UDC requires a 20-foot wide landscape buffer to adjoining residential land uses in the C-N and L-O zone and both districts are considered transitional zoning districts to residential developments. After reviewing the allowed uses in each zoning district, staff believes the proposed retail and restaurant uses are compatible with the nearby office and residential uses and will provide a mix of commercial uses within the Strada Bellissima Development. 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 (4) 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. c. Special Considerations 1. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the small size of the subject property, staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA 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; Staff recommends a clear outline of the commitments of the developer being required. d. Access: Per the conditions of approval for the final plat, no direct access on Victory Road is permitted. Access points have been previously approved with the fmal plat. e. Landscaping: No landscaping improvements are necessary at this time, as all applicable landscaping requirements have previously been met. All the necessary landscaping was approved with the Strada Bellissima Final Plat (FP-OS-022). Any future development or change in use on the subject site may require installation of additional landscaping. Staff will evaluate this at the time of submittal for Certificate of Zoning Compliance. f. Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. NOTE: If any future building(s) on this site are greater than 7,500 square feet, they will be required to go through the design review process. 11. RECOMMENDATION Strada Bellissima -CPA-07-012 & RZ-07-013 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 City Staff supports the subject CPA and RZ applications, as proposed. Staff recommends approval of the request to amend the Comprehensive Plan Future Land Use Map to the "Commercial" designation and rezone the subject property to C-N, as presented in the staff report for the hearing date of November 1, 2007. 12. EXHIBITS A. Drawings 1. Vicinity Map B. Agency Comments 1. Planning Department 2. Fire Department C. Rezone Legal Description D. Required Findings from the Unified Development Code Sh-ada Bellissima -CPA-07-012 & RZ-07-013 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 A. Drawings 1. Vicinity /Zoning Map ` ~' RUT sP o T K ~ ~~ ~ t ~ u t oRk :~:~ ~. ~ x ,~ f ;~: ., EARKSPUI~SOUTI f ~ SHEPHER~CREEK ~ CHURCHSHEPH DCREE ''•; M Rl IANGREE SN a, .: BEA CREE NO. 1 3 '~ '. %'; x ~ ., ~ UT , { w-=' BEA CREEK NOO '~ ~ a '' ~ ~ ' ~ '~ .,, ~ ~~ 3 , '4`~ EDMONDS SUB " +'~" W qq ST ADA BELLI SIMA 0 61 g/TTERBRUSH POINT ~ a R4 ~ ~ ~ J 06 E v no P ~Nr BEA CREEK NO 04 E E NER T A ABEL_I`S aN 02 /f BEAR C EEK NO 08 f -~-~-----._ % ~y _~~, - ~. KILGOR HE/GHTS~"~'01 R T ~~ ~ SUb~CCt Slte 1 ~` _~_~ ~~~ KILGORE HEIG TS 02 . ~ ~ `~ ~Q~" r~ ,, ~ r~ -~ ,~ ~~s .~. ,t ~t41~1 i ~ ~~ i ~~~ Tf~ ~~1 _ s i L- 9 s Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (dated June 4, 2007 stamped by Kevin N. Sorensen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 The Applicant should comply with all UDC requirements. 1.3 The Applicant should comply with all previous requirements of this site associated with annexation, development agreement (instrument #106064913) and platting, as well any other applicable permits or regulations that may be in effect for the Strada Bellissima Subdivision. Staff's failure to cite specific ordinance provisions or terms of the Strada Bellissima Subdivision does not relieve the Applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Galvan Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Galvan Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process per Resolution 02-374. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ 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 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. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 2 office/commercial lots 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. 3.8 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 3.11 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 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). 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). 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 C. Legal Description EXHIBIT "A" RE-ZONE DESCRIPTION A parcel of land, for the purpose of rezoning, being a portion of the SE1/4 of the SE1/4 of Section. 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and Lots 2 and 3, Block 2, of Strada Bellissima Subdivision No. 1, as recorded in Plat Book 93 at Pages 11265 thru 1.1268 records of Ada County, Idaho and situated in said SEl/4 of the SE1/4 and mare particularly described as follows: Commencing at an aluminum cap monument mazking the southeast corner of said Section 24, from which, an aluminum cap monument marking the northeast comer of the SEl /4 of said Section 74 bears N00°39' 10"E a distance of 2660.89 feet, thence along the South line of said SEl/4 N89°20'52"W a distance of 480.13 feet to a point, thence leaving said South line N00°43' 18"E a distance of 143.04 feet to 5/8 inch rebaz marking the center line of West Victory Road and the POINT OF BEGINNING; Thence leaving said centerline N00°43'18"E a distance of 59.25 feet to a 1/2 inch rebaz; Thence slang the azc of a curve to the left having a radius of405.00 feet, an arc length of 63..58 feet, a central angle of 08°59'42", a chard bearing N73°33`48"W a distance of 63.52 feet to 1/2 inch rebaz; Thence N09°35'10"E a distance of 155.39 feet to a point on the centerline of West Galvani Drive; Thence along said centerline S$9°20'50"E a distance of 246,87 feet to a 5/8 inch rebaz; Thence leaving said centerline S00°39'10"W a distance 25.00 feet to a 1/2 inch rebaz; Thence S89°20'50"E a distance of 19.50 feet to a 1/2 inch rebar; Thence S00°39' 10"W a distance of 337.94 feet to a paint on said centerline of West Victory Road; Thence along said centerline and the arc of a curve to the right having a radius of 313.31 feet, an arc length of 137.80 feet, a central angle of 25° 12'01 ", a chord bearing N62°27'49"W a distance of 136.10 feet to a 518 inch rebaz; Thence continuing along said centerline NSO°11'15"W a distance of 34.59 feet to a S/8 inch rebar; Thence continuing along said center line and the arc of a curve to the leR having a radius of 350.00 feet, an azc length of 94.83 feet, a central angle of 15°31'31", a chord bearing N57°57'01 "W a distance of 94.55 feet to the POINT OF BEGINNING. Said parcel contains 76,809 square feet ar 1.76 acres more or less and is subject to all existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit $" and by this reference is made a part hereof. ~~ 1AER'N ,~ 004612309 EXHiBrf A REZONE KNS.doc ~ ~~~ ~~ "~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 EXHIBIT "A" REZONE EXHIBIT A POR770ti OP T$8 881/4 6F 7'88 881/4 OF SECTION 24 T01'NBHZF S NORTH, BANGS 1 11ES7', 80188 3i8RID1AN CITY OF 1[ERIDLIN, ADA COUH2Y. IDAHO 2007 I~rF21D LINE TABLE -- - - SECnoN uNE RE-20NE BOUNDARr UNE UNE }--t^E~NGTN, 'Ii00'47 t ___'-__ ~-..= .{..~ BEARING EXiSnNG LOT LINE .S ----- ROAD CENTER UNE CURVE TABLE "°""`-"-'- TiE uNE CURVE I.ENGT}l RADIUS D£LTA T CHORD CHORD DIR ROAD RIGHT'OF-WAY CT T 13 i' 1' 7 7 'J'4 ® FOLM10 ALUAIINUAI CAP C2 4. ' C3 .4t. T, t. , 7.37' t ~ FOUND S/8` REBAR AS St10YYN !1/4 CDR. a r O hi ' "'~ i' ' LO~ ~. PtI DR. 67' l _."__ip„__--__- 589'20'S0'E 16.87' Lar z "~•. _ ` "~^ ~'EZ AKA .Sl??islg6Qp c~``` ~? ~ h \ 4 ' / 31.59 - of ~I • j ~ W VICTORY ROAD E , t R / e co . 24I ; I N99'20'521N ILic o~~ O FOUND t/2` REBAR AS SHOWN FOVNO BRASS CAP 24 129 LTD RIGHT-Of-WAY MONUNFI~IT I H___- ~ S00'39'10'W 25.D0' ~o, h , S89'20'S0"E 19.50' LOT L+ i _ I O) ~- I ~ I Lor,T i ~ I al M Lor s a I M I A ~ IP 0 .3 4 .S kk ~ I~ 1° WY~ 't~ j r~ D ~o d ly ~° ~ I~ !N `` ~ I ~ a~vtE ~~ I , BY p~yy °T MWgRKSDERTtC CI ~. i I __.~~ 's I _ _ _ _--~_1_ ~ /~ 24,19 N8ff 20'52'W 480. t 3' ~ ~ V ---'-'~ ""'- 25 f SO ~A DRAWN 9Y: `WS STRADA BEILISSIMA QUT-PARCEL PI N>~4CLE SCAUC; t^=!l0' ne S a o +v c t x ~-. ~ ®~ Y ~n~i `eers. Iac. . doq 'n-iwe Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 D. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff fmds that the proposed change to the Future Land Use Map does not conflict with other elements of the Comprehensive Plan. (Please see Sections 8 and 9 for detailed analysis.) b. The proposed amendment provides an improved guide to future growth and development of the city. The subject property was approved for commercial uses as part of a use exception granted by City Council. The overall concept of the Strada Bellissima Subdivision was designed around a mixed use community. Staff finds the C-N zone is appropriate for the site and will provide more variety of commercial uses and contribute to the mixed use character of the development. (Please see Sections 8 and 9 for detailed analysis.) c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. Staff finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (please see Section 8 for detailed analysis). Staff recognizes the existence of other commercially zoned properties inclose proximity to this property and believes that the proposed commercial use of the property will complement the existing uses in this area. d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment is consistent with the Unified Development Code. e. The proposed amendment is in the best interest of the City of Meridian. Staff finds that the proposed Map amendment is in the best interest of the City. 2. 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 rezone the subject property to C-N. Staff fmds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the CPA request is approved to the "Commercial" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 1, 2007 b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed restaurant and retail uses are permitted uses within the requested C-N zone. Staff finds that any future use and / or development of this property should comply with the established regulations and purpose statement of the C-N zoning district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment should 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. 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D