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HomeMy WebLinkAboutGoff RecsSTAFF REPORT Hearing Date: March 24, 2009 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: C'PA-09-003/AZ-09-001 -Goff ~E IDR IAN,- ~J L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Garland Goff and Shannon Hamrick, have applied to amend the Comprehensive Plan Future Land Use Map (CPA) by changing the future land use designation on 2.05 acres of land, consisting of 3 tax parcels, from medium density residential to commercial. The application also includes a request for annexation and zoning of one 0.76 acre parcel (0.86 of an acre including right- of-way to centerline of W. Pine Avenue) with a C-N zoning district. The applicant has submitted a conceptual development plan for the property proposed to be annexed. The applicant proposers to retain the existing structure and construct an approximate 70' x 81' addition that will house Flow Aquatics, a corporation specializing in learn-to-swim lessons for beginners and stroke instruction for valley tri-athletes and other more advanced swimmers. II. SUMMARY RECOIVIMENDATION Staff recommends that the Commission and Council carefully consider the request to determine if approval of the proposed CPA and AZ is in the best interest of the City. Staff recommends approval of CPA-09-003 and AZ-09-001 per the Analysis in Section 7 and the Findings listed in Exhibit D of this sta~Ff report with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.2. NOTE: The Commission is only allowed to recommend amendments to the Comprehensive Plan Future Land Use Map every six (6) months. The last amendment to the map recommended by the Commission was on 8/14/08, which exceeds the minimum six month requirement between that and the current request. After making a recommendation on the subject application, the Commission will have to wait at least six months before recommending any additional changes to the Map. The Meridian Planning & ZOning Commission heard these items on February 19, 2009. At the public hearing they moved to recommend approval of the subject CPA & AZ request. a. Summary of Commission Public Hearing: i. In favor: Garland Goff, Shannon Hamrick, Kevin Warner, Kathie Fogg, T. J. Clifford, Rock Brown ii. In opposition: None iii. CommentinP;: None iv. Written testimony: Letters in support of the proposed AZ for a swim facility were received from John Spickard; Kevin Warner; Amy McKinney; Aisa & Laura Jenkins; Alan Petersen; Lisa McKinney-Mai; Eric & Andrea Eschen; Nancee Bakken; Theresa Jenkins; Jennifer Shepard; Erica Pellet/ Ziebarth; Brian Shields; Tomas & Judy Golo; Frederic & Ileidi Toussaint; Rob & Valerie Crawford; Matthew Braun; Ron & Sara Gambassi; Heidi Bode; Andrea Legarreta; Linda Rose; Casey Byington; Sara Spry; Kellen Herrod; Floyd Fisk; Dave Knotts; Staci Elllis; Gary Wiener; Emily Geary; Britta McNish; Kay Grant; Anne King; Edward Kosydar; Melyssa Williams; Kirby Kolka; Sally & Greg Felton; TJ Clifford; Sarah Harris; Joselyn Overby; Marty Mundt; Goff CPA-09-003 & AZ-09-001 PAGE 1 Wendy & Alan Rehkemper; Jeff & Linda Moss; Brooke Alex; Jason & Amy Thomas; Richard Priest; Gina Bosco; Kelsey Backen; Sascha Bridges; Rose & Joe McKinney; Dale Nelson; and Liane Root. v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Kev Issue(s) of Discussion by Commission: i. Discussion regarding class sizes, how many people will use the facility at one time, how long classes are, and how many people will be served by the business each day (AZ site); ii. Parking availability on the AZ site for larger vehicles such as buses; iii. Discussion on limiting the type of use allowed on the AZ site to an aquatic fitness facility, c. Kev Commission Change(s) to Staff Recommendation: i. Add a DA provision that limits future use of the site to an aquatic fitness facility as proposed by the applicant with this application (see DA provision #f). d. Outstanding Issue(s) for City Council: i. Determine whether or not future uses on the site proposed to be annexed should be limited to only an aquatic fitness facility, as recommended by the Commission. III. PROPOSED MOTION Approval After considering all :staff, applicant and public testimony, I move to approve File Numbers CPA-09- 003 and AZ-09-001, as presented in the staff report for the hearing date of March 24, 2009, with the following comments: (Add any proposed comments.) Continuance After considering all :staff, applicant and public testimony, I move to continue File Numbers CPA-09- 003 and AZ-09-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPA-09-003 and AZ-09-001, as presented during the hearing on March 24, 2009, for the following reasons: (State specific reasons for dE;nial of the subject CPA application.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property for the CPA request is located at 1665, 1705, and 1725 W. Pine Avenue in the southeast '/ of Section 11, Township 3 North, Range 1 West (Tax Parcels: #S 1211417479; 51211417415;51211417473) The subject property for the AZ request is located at 1725 W. Pine Avenue in the southeast'/ of Section 11, Township 3 North, Range 1 West (Tax Parcel: #S1211417479) B. Owners of the Property for the CPA: Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, ID 83713 (Parcel: #51211417479) Rock Brown, 2188 W. Sonoma Drive, Meridian, 1D 83642 (Parcel: S1211417473) Raymond & Danielle Newhouse, 1665 W. Pine Avenue, Meridian, ID 83642 (Parcel: # S1211417415) Goff CPA-09-003 & AZ-09-001 PAGE 2 Owner of the Property for the AZ: Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, ID 83713 (Parcel: #51211417479) C. Applicant/Representative: Garland Goff (203)323-7667 D. Applicant's Staternent/Justification: See applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a Comprehensive Plan Map Amendment. A public hearing is required before the Commission and City Council on this matter, consistent with Idaho State Code and Unified Development Code, Title 11, Chapter 5. B. The subject application is for Annexation and Zoning. A public hearing is required before the Commission and City Council on this matter, consistent with Idaho State Code and Unified Development Code, Title 11, Chapter 5. C. Newspaper notifications published on: February 2, and 16, 2009 (Commission); March 2, and 16, 2009 (City Council D. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); February 27, 20(19 (City Council) E. A public service announcement was broadcast faxed on January 30, 2009 regarding this application (Commmission); February 27, 2009 (City Council) F. Applicant posted notice on site by: February 8, 2009 (Commission); March 14, 2009 (City Council VI. LAND USE A. Existing Land Use(s): There are three existing structures on the subject properties along with associated outbuildings. Two are residential properties and one is a church ministry use; one of the residential properties is the subject of the AZ application and is proposed to redevelop as a swim facility. B. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The area surrounding the properties subject to the CPA request consists of residential, school, church ministry, and industrial uses. 1. North: Meridiem High School, zoned R-4 2. East: Property owned by ACHD, zoned L-O 3. South: Storage: facility, zoned I-L 4. West: Single-family residential property, zoned R1 (Ada County) C. History of Previous Actions: None D. Utilities: 1. Public Works Location of sewer: 1665, 1705 and 1725 are currently receiving sewer service from W. Pine Ave. Location of eater: 1665, 1705 and 1725 are currently receiving water service from W. Pine Ave. Goff CPA-09-003 & AZ-09-001 PAGE 3 E. Physical Features: Canals/Ditches Irrigation: There are no major facilities that traverse this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Floodplain: The subject property does not lie within the floodway or floodplain. F. Access: The conceptual development plan submitted with this application shows one driveway access to W. Pine Avenue in the current location. VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: The subject properties; are currently designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The applicant is requesting a map amendment to "Commercial" for the subject properties. Per the Comprehensive Plan, the Commercial designation "provides 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 proposed C-N zoning district the property at 1725 W. Pine Avenue is consistent with the proposed Commercial designation of this property. Additionally, because these properties all have direct access to W. Pine Avenue, a minor arterial street, staff believes that commercial uses are more appropriate than residential. 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 application and offers the analysis and recommendations contained herein for the Commission and the City Council's consideration. Please see below and Exhibit D for detailed analysis of the required findings for a Comprehensive Plan Map Amendment. 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 Citv established its Area of Ciry 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 - Sanitary sewer and water service will be extended to the property at the applicant's expense. - The subject land currently lies within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject land currently lies within the jurisdiction of the Ada County Sher ff's Off ce. Once 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 land is currently serviced by the Meridian School District No. 2. This service will not change. Goff CPA-09-003 & AZ-09-O0 l PAGE 4 - The subject land is 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. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action I (page 113) Protect existing residential properties from incompatible land use development on adjacent parcels. The map amendment proposes to designate the subject properties,forcommerdal use. Staff believes that the proposed future land use designation is compatible with existing and planned uses in this area cmd will be compatible with industrial uses to the south. A buffer will be required adjacent to the residential use to the west of the subject parcels. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Only one of the subject parcels is proposed to be annexed at this time. This property is contiguous to the City and sanitary sewer and water are readily available to the site. Chapter VI, goal III, Objective A, Action 13 (page 87) Develop indoor/outdoor multiple use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses. Staff believes that the addition of an indoor swim facility, which will provide swimming lessons to beginners as well' as stroke instruction for valley tri-athletes and more advances swimmers, will offer a much needed service in the community. Chapter VII, Goal I, Objective B, Action 5 (page 109) -Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Staff believes that commercial uses on these properties, adjacent to a minor arterial street (W. Pine Avenue), will complement nearby residential areas and provide needed services in this area of the city.. • Chapter VI, Goal II, Objective A, Action 12 (page 85) -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. With the redevelcpment of this site, staff is requesting the applicant provide cross-access to the properties to the east and west to reduce the number of access points onto Pine Avenue, an arterial street. • Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes that the proposed future land use designation of commercial is appropriate for these properties as they lie adjacent to Pine Avenue, a minor arterial street. The properties to the east are already ~;oned for commercial office and industrial uses and the property to the south is industrial. For t,kese reasons, Staff believes the proposed commercial designation for these properties is appropriate and is compatible with existing & future uses in the area. Goff CPA-09-003 & AZ-09-001 PAGE 5 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 compre]''nensive 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 on the subject sites will require approval of a Certificates of Zoning Compliance prior to construction or a change in use. Staff will ensure that future development on this sites 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 and will still be available upon development of the site. 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 proposed for future commercial use, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting 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. e. Public Services, Facilities, and Utilities City water and sf;wer service is currently provided to the subject properties. Public services are provided to the properties already within the city; public services such as police protection will be provided to the property proposed to be annexed upon annexation. f. 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. The applicant is proposing a commercial development on the site. 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 does not believe that the proposed plan amendment would negatively impact Goff CPA-09-003 & AZ-09-001 PAGE 6 transportation within the City of Meridian in this area if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. StafiF does not believe that future commercial development of this property 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. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 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. Thf; 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. Staff believes the commercial development and zoning within the immediate area and access to an arterial street has deemed this property more appropriate for light commercial uses, thus justifying the request the land use change to "Commercial." m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Com~~rehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Flan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Cornrnission is also authorized by the Council to review, approve and makf; 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 requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on January 30"' of which none of the neighbors attended. VIII. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA to Commercial is approved, the requested annexation and zoning to C-N for the property at 1725 W. Pine Avenue would comply with the map designated use of the property. Goff CPA-09-003 & AZ-09-001 PAGE 7 a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C-N district. The proposed indoor recreation facility is a principal permitted use in the proposed C-N district. b. Purpose Statement of Zone (UDC 11-2B-1): 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. Allowed uses in the C-N district are of the small scale convenience; uses. Further, properties in the C-N district should take access via arterials or collectors. c. Dimensional Standards: Development of the site proposed to be zoned C-N shall comply with the dimensional standards of the C-N district listed in UDC Table 11-2B-3. d. Landscaping: 1. Width of stref;t buffer(s): A 25-foot wide landscape buffer will be required adjacent to W. Pine Avenue, a minor arterial street, in compliance with the standards listed in UDC 11-3B- 7C. 2. Width of buffer(s) between land uses: A 20-foot wide landscape buffer will be required adjacent to residential uses upon development of this site, in compliance with the standards listed in UDC 11-3B-9C. Currently, residential uses exist to the west and east (along the southern portion of this site). If a reduced buffer width is proposed as shown on the concept plan, the applicant must submit a request for Alternative Compliance to the Planning Department. 3. Percentage of site as open space: NA 4. Parking lot landscaping: Internal parking lot landscaping is shown on the concept plan. All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 5. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 101)% replacement. IX. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant ha:; submitted a conceptual development plan, attached in Exhibit A.3, showing how the property proposed to be annexed and zoned is anticipated to redevelop with a swim facility. The applicant is proposing to construct a 70' x 81' addition to the existing residential structure. The facility is proposed to contain approximately 1,300 square feet of administrative area, 6,200 square: feet of instruction area, mechanical, and storage areas. The facility will have 3 small in-ground warm water teaching pools; changing stalls, bathroom facilities, and a waiting/viewing area. The facility will continue to provide the community with the Learn-to-Swim program for beginners and efficiencies in swim stroke instruction for valley tri-athletes and other more advanced swimmers in this new location. The annexation legal description prepared by Glenn Bennett, PLS, dated 11/7/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Goff CPA-09-003 & AZ-09-001. PAGE 8 Access: Access to the site is proposed via one access driveway to/from W. Pine Avenue. Cross-Access: Cross-access is not proposed to adjacent properties on the concept plan. However, staff believes cross-access should be provided to the properties to the east and west for future interconnectivity and to reduce access points on Pine Avenue, an arterial street, in compliance with the Comprehensive Plan (see analysis above in Section VII). Parking: Off-street parking is included on the concept plan for this site that meets and exceeds the standards for commercial uses listed in UDC 11-3C-6B. Landscaping: A 25-foot wide street buffer is required adjacent to Pine Avenue. A 20-foot wide buffer to residential uses is required. If a lesser buffer width is proposed as shown on the concept plan, a request fir Alternative Compliance to UDC Table 11-2B-3 shall be submitted to the Planning Department. Building Elevations: The applicant has submitted conceptual building elevations, attached in Exhibit A.4, that show what the proposed addition will look like and how it will integrate with the existing structure. No building materials are depicted on the plans. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes 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. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Future Land iJse Maps (Existing and Future) 3. Conceptual Development Plan 4. Conceptual Building Elevations B. Agency and Department Comments C. Legal Description & Exhibit Map D. Required Findings from the Unified Development Code Goff CPA-09-003 & AZ-09-001 PAGE 9 A. Drawings 1. Vicinity/Zoning Maps Exhibit A - 1 - Exhibit A - 2 - 2. Future Land Use Map (Existing & Future) .~., . ~ .,+.~I~;~,,,. _ sat~,p, ~~'„ ,, , ~ ~t ~ M~'~~~i' ~I'~'~I ~~ ~ ~ w ~aR~TnN sr _~ ~- - .~ y EXISTING r' RS ~ ~ ~ ,- r ~ ~~ ~,~ . ,~ ~~ j W STATE ST R-40 ~ ~ ': ~~;~; S ?~ W IAYTON DR .~ f QP ~D ~,s ti ~ R-g 9~Fq ti9 J1 Y ~9i W SNYD ER OR ~ w eROaowar cr I'"~ W z z - z I-L x- Exhibit A - 3 - PROPOSED _! rn1~ , ,. ,. ~ ; ~, ~l. i - r I ~,~ z ~~ t, ; I -~ City of Meridian Future Land Use Map e Future Land Uses ^. Area of Cily Impact NTURE LANG USEB - Commercial Industrial Office High Density Residential u Medium Density Residential Low Density Residential Old Town Mixed Use -Interchange Mixed Use -Regional Mixed Use -Community Mixed Use -Neighborhood Mixed Use -Waste Water TrE:atment Plant Public/Quasi-Public ~~Vt E Il~ DIAr~ Prepared by the Meridian Planning Department Exhibit C --.___ -~ . ,~,. ~~~ SITF. i I ~t 3. Conceptual Development Plan .~ i`~ I- ~aT~ ~~ ~ ~~ ~, ~~ ~° ~~ ~V err ~~[ ~. ~~ _ ~" ~ °lvlu~j`+Y'2+~ ~. T T T± S S ,µ ~~aa°~A~~~a `'~~ a.aaa of ° X04 b g II~a ~ ~4~ ~:~ ~,~~ ~~~ ~p+~ + r„~r s.Mw + a ~ I- I- I, I• L I- -- -- -- '~-- -- - i I t , ~ ~ _ I I ' ~ I ~I ~~ ~ I ~ ~ ~, f-`~eT I~ h ~ ~ ~, t ~ ~ I ~ i i i ~ t ~ r I ~ + ~ $ ~ t i i o r I ~ J L ~ I ; ~ _, ~ I ... ~' - ~ , ' ~ , I ' .~ a I 1 s~ , ~ , ~ I I. _ I . S.~ , ~ ~ :.~ ~# ~ , ~ ~ _ I -+ _ ~ ~ , ~ ~: _ - ~~ , -N - , --~ s I~ _ + r I• i ~ rj! ~ ~~ i ~4f6~an, id ~u` 711/ ~ ~ ~~ u Q { eaarw . 6nryr ~ your, ~m_ N.i say unn Ptr tzd~ c.ra. e~,.aFa, m sa+ta rea: t~ zaa+sa~~ ~,UC ~za xs4sv Exhibit C - 2 - Exhibit C - 3 - 4. Conceptual Building ]Elevations Exhibit C - 4 - B. Agency and Department Comments On January 29, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Police Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The annexation legal description prepared by Glenn Bennett, PLS, dated 11/7/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibits A.3 and A.4 and design standards currently in effect at the time of Certificate of Zoning Compliance application. b. A Certificate of Zoning Compliance application is required to be submitted to the Planning Department for the change in use and new construction proposed on this site. c. Direct access to W. Pine Avenue is prohibited except for the existing access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west (parcel #S1211417515) and the property to the east (parcel #S1211417415) at the southeast boundary of the site for future interconnectivity. A recorded copy of the cross-access agreement(s) shall be provided with the Certificate of Zoning Compliance application for the change in use of this site. d. 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, within 6 months after the date of annexation ordinance approval. 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. e. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. f. Future use of the site shall be limited to an aquatics fitness facility as oronosed by the aR~licant with this apnlication. 2. FIRE DEPARTMEP~T 2.1 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. Exhibit C - 5 - 2.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 2.3 For all Fire Lanes provide signage "No Parking Fire Lane". 2.4 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. 2.5 Provide a Knox box entry system for the complex prior to occupancy. 2.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 2.7 Pool chemicals shall be stored in compliance with the International Fire Code. 3. PUBLIC WORKS DEPARTMENT 3.1 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 wil:~ be responsible for the payment of assessments for the common areas prior to obtaining a certificate of occupancy. 3.2 All development iimprovements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 3.3 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, a:~ determined during the plan review process, prior to obtaining a certificate of occupancy. 4. POLICE DEPARTMENT 4.1 The Police Depan[ment has no concerns related to this application. 5. PARKS DEPARTMEN'IC 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT This application is for comprehensive plan amendment, annexation and rezone only. Listed below are some of tl~ae site specific conditions that the District may identify when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. Exhibit C - 6 - 7.1 Site Specific Conditions of Approval 7.1.1 Either construct nunimum 5-foot wide detached concrete sidewalk a minimum of 28-feet from the centerline of Pine Avenue abutting the site, or pay a road trust deposit in the amount of $9,838 ($26.00 / LF x 344LF x 110%) to pay for sidewalk to be installed along the site frontage when the intersection is constructed. 7.1.2 Construct one 24-foot wide curb-return driveway intersecting Pine Avenue located approximately 450-feet west of Finder Road. Pave the driveway its full width at least 30-feet into the site. 7.1.3 Other than access specifically approved with this application, direct lot access to Pine Avenue is prohibited. 7.1.4 Comply with all ~itandard Conditions of Approval. 7.2 Standard Condition~~ of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC `,standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applic;able road impact fees are required prior to building construction. The assessed impact fee will be~~ based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized Exhibit C - 7 - representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C - S - C. Legal Description & Exhibit Map ANNEXATIt)N DESCRIP'CIO~I I'OR THk: CITY t)!+ )v1ERIDIAN, II)AtiO JEREAfEY lIAI<IR1Cti 1~ parc;ei located in the SE ',~. of Section 11, Township 3 Narth, Range 1 West, Boise Meridian, Idaho, Ada Caunty, Idaho, more particularly described as follows: Cammettcing at an aluminum cap monument marking the northeasterly u~mer of said SE !/ fmrn which a brass cip monument marking the narthwesierly corner of said SE '/ bears N 84~ I 1 ' 18" W a distance of 2655.26 feet; Thence N 89°i I' 18" W along the northerly Ix~undary of said Sf? !/. a distance of 38U.UU feet to the l'C31NT OF BEGINNING; Thenc:~: wntinuing N 85~`' l l ' 18" W a distance of 131.70 feet to a point; Thence leaving saki northerly boundary S U°48'42" W a distance of 283.00 feet to a point; "1"hencc S 89°I 1' l8" E Fi distance of 133.10 feet to a paint; `t'hence N U°31'38" E a distance of 283.00 feet to the POINT OF 13EGTNNING. "Phis parcel eantains 0.86 acres, more or less. This desc.~ription was prepared from record infarniatian and no field survey was perft}rn~ed. Civil Survey t"`ansuttants, lncorparated is not liable or responsible for any discrepancies that a find survey might disclose. Prepared by: Glenn K. Bennett, PL5 Civil 5urvcy Cansnttant.s, Incorporated Novi~nber 7, 2008 2EV1 ~ PP O'JAt. 3`! ~~~~ NflV t ~ 24!08 ~+=_r~io~ar~ pusuc ~r~~.xs ®e~r. Exhibit C - 9 - SKETCH TD ACCOMPANY ANNEXATION DESCR~PT/DN FDR THE CITY DF MERfDtAN L DCA TED AN THE SE 7,/4 OF SECT/DN 1 1, T©WNSH/P 3 NORTH, RANGE i ~"r/ES'T, {D/SE MERICJIA1v, ADA COUNTY, ITi'AHD. 26351r' P/1VE Ali£11/L/E /y fJ9'11 '18" W ,''* * 3 s ~. •,fr a s :w' ~ 131.70' ~~~? _; ~ ~-~, Sri;. r r _¢ F ~ JEREMEY HA.~fRICK ,~ 0.86 ACR~',S ~ a 4 ~ z S 6'9'' J a > ~ ~ G"' a era z cn ~ C ' a~ ~ i ~ ~ w ~ rt ~r Exhibit C - 10 - D. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment Findings Upon recommendlation 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. The Commi~;sion finds that the proposed change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds the proposed land use change will provide an improved guide to future growth and development in this area of the city. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of tlhe Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). The Commission believes sufficient provisions have been made to accommodate future commercial development in this area. g. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds that the future commercial uses on these properties will be compatible with surrounding (existing and future) uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds that the proposed map amendment to commercial will allow for a mix of uses on the site that should be compatible with the existing and future education, industrial, and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is in the best interest of the City. Exhibit D - 0 - 2. 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to annex and zone the subject property with a C-N zoning district. LE the applicant complies with the DA provisions, the Commission finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the proposed commercial designation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the anticipated use of the property for a swim facility (indoor recreation facility) is consistent with the requested C-N zoning district and proposed future land use map designation of commercial for this property. C. The map amendment shall not be materially detrimental to the public health, safety, and welf;~re; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if approved. 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 Icy any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact ulion the delivery of services by any political subdivision providing services to this site. E. The annf~xation is in the best of interest of the City (UDC 11-SB-3.E). The Commission finds that Annexation and Zoning of this property to a C-N zoning district is in the best interest of the City. Exhibit D