Applicant Response 092209RECF,TVED
5EP 12 ZOpg
APPLICANT RESPONSE TO PLANNING & ZONI~~ c~tE DIAN
COMMISSION RECOMMENDATION CITY CLERKS OFFICE
Bainbridge Rezone Application (RZ-09-006)
September 22, 2009
Excerpted Staff Report comments of concern are highlighted in blue; applicant
comments and requested actions are highlighted in red.
SUMMARY RECOMMENDATION (From page 1 of Staff Report)
Staff is recommending approval of the proposed rezone based on the Findings of Fact and
Conclusions of Law in Exhibit D with the requirement of a Development Agreement that
includes the provisions noted in Exhibit B of the staff report. Please note that the conceptual site
plan is not approved with this application. Future development will be reviewed for consistency
with the design standards listed in UDC 11-3A-19 and the guidelines in the Design Manual at
the time of Certificate of Zoning Compliance.
The Meridian Planning & Zoning Commission heard this item on August 20, 2009. At the
public hearing they moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: David Turnbull
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Response to the staff report by David Turnbull
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Pete Friedman; Bill Parsons
b. Key Issue(s) of Discussion by Commission:
i. The safety of the proposed access to Ten Mile Road;
ii. The need for an additional access point to/from the site via Ten Mile Road.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended DA provision #1.2.B pertaining to access to the
site be removed The Citti~ Council is the only body that has the azrthoritr to waive the
standards listed in UDC 11-3A-3. Access to Streets.
d. Outstanding Issue(s) for City Council:
i. The applicant requests approval of an access point to/from the site via Ten Mile
Road as depicted on the concept plan Note• UDC 11-3A-3 requires access poizzts to
collector & arterial streets to be cozzzbined or limited to improve safety and access to
be taken from a local street when available; however, Couzzcil has the authority to
waive this requirement. Additionally, the existing DA for Bainbridge prohibits direct
lot access to Tezz Mile Road, other than public street accesses approved by ACHD azzd
ITD with dze preliminary plat Approval of an access to Tezz Mile Road by Council
would also require approval by ACHD and an amendment to the DA.
Applicant Comment: The access from Ten Mile Road was reviewed by ACHD staff
on June 18, 2009 and found it to be preferable to a second access from Broadbent
Drive. The ACRD recommendation for this application states "Driveway locations [on
Ten Mile Road] will be evaluated with a future development application." [Item 7.1.6,
page 4, Exhibit C]
Requested Action: That the Council accept the P&Z Commission's recommendation
and approve an access to Ten Mile Road.
Bainbridge Church Rezone
COMPREHENSIVE PLAN POLICIES AND GOALS (Pages 4-S, Staff Report)
[Second bullet point from page 4 of Staff Report)
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action 2, page 114)
There is one direct access point to Ten Mile Road, an arterial street, and one access to the
future E. Broadbent Drive depicted on the conceptual site plan. Staff is rc e<nnn7e nding as a
E~rovision of the rezone in the derel<~j~nrent agreement that direct access to Ten Mile Road
he prohibited and sole ucccss to the site be provided from Broadbent Drive, consistent with
the Comprehensive Plan and UDC 11-3A-3, which requires access to be taken_from a local
street when available.
Applicant Comment: The Comp Plan term, "restrict" is synonymous with "limit", not
" rp ohibit." In the case of access to Ten Mile Road, the Ada County Highway District is the
jurisdictional agency. In the June 18"' meeting cited above, ACHD staff reviewed all
options for a second access to the site from either the Collector [Broadbent Drive] or the
Arterial [Ten Mile Road] and found the latter preferable. ACHD will, as noted above,
evaluate the proposed access during its review of the "future development application."
Requested Action: That the Council accept the P&Z Commission's recommendation and
approve an access to Ten Mile Road.
AGENCY & DEPARTMENT COMMENTS (Excerpt from Page 2, Exhibit C)
1. PLANNING DEPARTMENT
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's Office within one year of
Council approval to initiate this process. Currently, 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 use of this site shall be limited to the proposed church and uses associated with
the church.
b. Access to the site shall be provided from E. Broadbent Drive; direct access to Ten Mile
Road is prohibited. The Commission recommended this provision be removed;
however, City Council is the only body that has the authority to waive the standards
listed in UDC 11-3A-3, Access to Streets. (See "Access, "page 6 ~f the staff report for
more information.)
Requested Action: That the Council accept the P&Z Commission's recommendation and
approve an access to Ten Mile Road.
Bainbridge Church Rezone 2