HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: October 1, 2009
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-09-005 -JJA
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, JJA, LLC, has applied to annex and zone 5.89 acres from the RUT zoning district in
Ada County to the C-C (Community Business District) zoning district in the City. Currently, there is
an existing home on the property that is connected to city services; thus the request for annexation. At
this time, the applicant is not proposing any development for the site.
IL SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed annexation based on the Findings of Fact and
Conclusions of Law in Exhibit D with the requirement for a Development Agreement to include the
provisions noted in Exhibit B of the staff report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number AZ-09-005, as presented in the staff report for the hearing date of October 1,
2009 with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number AZ-09-005, as presented during the hearing on October 1, 2009, for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Number AZ-09-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject annexation area is located on the northwest corner of W. Ustick Road and N. Linder
Road in the SE '/ of Section 35, Township 4 North, Range 1 West.
B. Owner(s):
JJA, LLC
13601 W. McMillan Road; Suite 102
Boise, ID 83713
C. Applicant/Representative:
Scott Stanfield, Mason & Stanfield, Inc.
314 Badiola Street
Caldwell, ID 83605
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
JJA Annexation PAGE 1
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5
B. Newspaper notifications published on: September 14 and 28, 2009
C. Notices mailed to subject property owners on: September 11, 2009
D. Applicant posted noticed site on: September 21, 2009
VL LAND USE
A. Existing Land Use(s) and Zoning: A single family home (used for an office) exists on the site and
will be removed when future commercial development occurs on the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded
by residentially zoned land in the Windsong Subdivision and rural residential property.
1. North: Rural residential property, zoned RUT in Ada County
2. East: Rural residential property and Agricultural land, zoned RUT in Ada County
3. South: Ada County Highway District Parcel, zoned R1 in Ada County
4. West: Platted but undeveloped single-family residential, zoned R-8
C. History of Previous Actions: In 2005, the parcels proposed for annexation were part of the City's
Comprehensive Map amendment for North Meridian (CPA-OS-004) which changed the land use
on the subject property to a Mixed Use-Community designation.
D. Utilities:
1. Public Works:
a. Location of sewer: Service is located in W Crosswind St.
b. Location of water: Service is located in W Crosswind St
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Creason Lateral transverses the subject property however, the
canal was tiled as part of the Linder/Llstick Road intersection improvements.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: Small portion of the southwest corner is in the flood plain.
F. Access: Three access points were approved for this site with the Linder Road -Ustick Road
intersection project. One full access driveway onto Ustick Road approximately 200-feet west of
Linder Road and one right-in/right-out only driveway onto Linder Road approximately 350-feet
north of Ustick Road were approved and constructed with the intersection project. Another full-
access driveway onto Linder Road approximately 570-feet north of Ustick Road was approved
with the intersection project, but has yet to be constructed. Further, W. Crossroad Street is
stubbed along the western boundary and was constructed the Windsong Subdivision. The
extension of the public street (W. Crossroad Street) through the site will be addressed and
reviewed with a future development application.
JJA Annexation PAGE 2
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Mixed Use Community (MU-C)" on the Comprehensive Plan
Future Land Use Map. "Generally, the mixed-use designation will provide for a combination of
compatible land uses that are typically developed under a master or conceptual site plan. The purpose
of this designation is to identify key areas which are either in1711 in nature or situated in highly visible
or transitioning areas of the city where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
The intent of the MU-C designation allows up to 25 acres of non-residential uses, up to 200,000
square feet of non-residential building area, and residential densities of 3 to 15 units per acre. This
category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry
cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants,
banks, drive-through facilities, auto service stations, department stores, medical/dental clinics,
schools, parks, churches, public uses, clubhouses, hardware stores, salons, public uses and daycares.
The applicant is proposing to zone the property C-C (Community Business District), which is
consistent with the MU-C land use designation. At this time, commercial development is not planned
for the subject property; however with the diversity of uses allowed in a C-C zone, Staff believes
future commercial uses will generally conform to the stated purpose, intent, and standards of the MU-
C land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan
policies to be applicable to this application and apply to the proposed commercial nature of this
property (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to he annexed in
the following manner:
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie 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 lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
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 lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by Meridian Building Services, Meridian Public
Works Department, Meridian Water Department, Meridian Wastewater Department, Meridian
Planning Department, Meridian Utility Billing Services, and Sanitary Services Company.
~ "All mixed use projects shall be directly accessible to neighborhoods within the section by
both vehicles and pedestrians."
The residential development to the west of this property has provided vehicular and
pedestrian access to this site via a public street. Staff believes extending this street through
JJA Annexation PAGE 3
the development in the future will provide connectivity between the two properties. Staff is
also recommending the applicant provide a stub street to the undeveloped parcel to the north
for interconnectivity with said parcel as well.
Further, the City's Master Pathways Plan calls fora 10 foot wide pathway along Ustick
Road and the east side of Linder Road. Staff believes the extension of the sidewalks along the
public street will provide pedestrian access to the .future commercial development and the
City's future pathway planned along Linder Road. In addition staff believes, the applicant
should provide a S foot wide pathway within the 25 foot landscape buffer adjacent to the
western property boundary to facilitate pedestrian connectivity to the 10 foot pathway
planned along Ustick Road.
• Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged."
The site is located ac~'acent to land that is developed or planned for low and medium density
residential uses. In 2005, the subject site was part of the City's initiated Comprehensive Map
Amendment. This parcel was envisioned to develop with neighborhood commercial to provide
services to the surrounding residential neighborhoods. Once actual development is proposed
for the site, staff will ensure the site is developed in a fashion consistent with the guidelines in
Meridian Design Manual and the applicable standards of the Unifzed Development Code.
~ Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
The applicant did not submit a concept plan with the subject annexation application. Without
having a plan to evaluate; access cannot be adequately addressed. A site visit revealed the
existing home on the property takes access from Ustick Road. Two other access points were
granted by ACHD. Aright-in/right-out access point has been constructed along with the
aforementioned access to Ustick Road. Another full access has been granted by ACHD
approximately 570 feet from the intersection, not yet constructed and may serve as a
connection point. for the future roadway from the Windsong Subdivision.
As mentioned earlier, a public street is stubbed along the western boundary for future
connectivity. Staff believes the stub street (W. Crossroad Street) should be extended through
the site to provide.future connectivity with Linder Road. A public street should also be
stubbed to the northern undeveloped parcel for future interconnectivity and alleviate the need
for further accesses onto Linder Road. If this public street is extended through the site;
access may be facilitated from a local street in accordance with UDC 11-3A-3. Note: UDC
11-3A-3 restricts access to collector and arterial streets if local street access is provided
unless waived by City Council.
Future access points to Linder Road, the extension of W. Crossroad Street through the site
and the northern stub street will be addressed and reviewed with a_future development
(preliminary plat) application.
• Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers
along transportation corridors (setback, vegetation, low walls, berms, etc.)."
Linder Road and Ustick Road are classified as arterial roadways. The UDC requires a 25-
footwide street landscape buffer adjacent to these roadways when development occurs.
• Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install
and maintain landscaping."
In addition to the required street landscape buffers, planter islands and 5-foot landscape
JJA Annexation PAGE 4
buffers are required adjacent to drive aisles and parking. Further- the property abuts
residential property on the northern and western boundaries. Per the UDC the applicant
shall construct a 25-foot wide landscape buffer adjacent to said boundaries when
development is proposed for the site.
• Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only
where urban services can be reasonably provided at the time of final approval and
development is contiguous to the City."
Currently, the existing home on the site is connected to city sen~ices. City services are readily
available when commercial development is proposed for the site.
• Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Although commercial development is not proposed, Staff believes that the proposed zoning
district (C-C) permits a variety of uses that may compliment the mix of uses existing and
planned for the area which include: professional ofrces, retail, restaurants, daycare center
and a convenience store and fuel facility.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the C-C district 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 acconunodated in the
district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. 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-C district.
C. Dimensional Standards: Dimensional Standards: Development of the site proposed to be zoned C-
C shall comply with the dimensional standards of the C-C district listed in UDC Table 11-2B-3.
D. Landscaping:
1. Width of street buffer(s): A 25-foot wide street landscape buffer will be required adjacent to
Ustick Road and Linder Road, designated arterial roadways, in compliance with the standards
listed in UDC 11-3B-7C.
2. Width of buffer(s) between land uses: A 25-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.
3. Percentage of site as open space: NA
4. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to annex and zone 5.89 acres of land from the RUT zoning district in Ada County
to the C-C zoning district in the City. At this time, the applicant is not proposing to development
the site. However, there is an existing home on the property which is currently connected to city
services. Upon commencement of the intersection construction, it was discovered the private well
for the home site was located within the acquired right-of--way. This discovery has facilitated the
need to annex this site into the City as the existing home is using city services.
JJA Annexation PAGE 5
The annexation legal descriptions submitted with the application (stamped on July 10, 2009 by
Darin Holzney, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
Dimensional Standards: The applicant is requesting a C-C zoning district for the site. Future
development of the site must comply with the dimensional standards for the C-C zoning district
listed in UDC Table 11-2B-3. In addition, the applicant must comply with the allowed uses in the
C-C district outlined in UDC table 11-2B-2.
Access: Three access points were approved by ACHD for this site with the Linder Road -Ustick
Road intersection project. One full access driveway onto Ustick Road approximately 200-feet
west of Linder Road and one right-in/right-out only driveway onto Linder Road approximately
350-feet north of Ustick Road were approved and constructed with the intersection project. The
other full-access driveway onto Linder Road approximately 570-feet north of Ustick Road was
approved with the intersection project, but is not constructed.
In addition, a public street is stubbed along the western boundary for future connectivity. Staff
believes W. Crossroad Street should be extended through the site that connects to Linder Road
and a stub street should be provided to the undeveloped parcel to the north. Staff is
recommending with future preliminary plat submittal, the applicant depict the extension of
W.Crossroad Street to Linder Road and a stub street to the northern property. Cross access for the
property will be reviewed with a future plat submittal as well.
Meridian Pathways Master Plan: The City's Master Pathways Plan has identified this site as
having the potential to extend the pathway network along Ustick Road. With the intersection
improvements, a 7-foot wide attached sidewalk was constructed along Ustick Road instead of a
10-foot wide pathway prescribed by the Meridian Master Pathways Plan. At this time, the Parks
Department is not requesting the sidewalk be extended to 10 feet. However there are future
commitments the Parks Department is recommending to facilitate the construction of the
pathway.
The first recommendation is to construct a 10-foot wide multi-use pathway beginning on the
west edge of the existing access to Ustick Road, proceeding north/northwest connecting to
the existing service road on ACHD's drainage site located at the western boundary. The
other recommendation is to provide a 5' public access/recreational easement in favor of the
City of Meridian measured from the back edge of sidewalk on Ustick starting at the west
edge of the existing access on Ustick Road and continuing to the east property line. The
reason for this easement is so the City has the ability to expand the sidewalk to 10 feet in the
future. Staff is recommending this pedestrian easement by depicted with future preliminary
plat submittal.
Certificate of Zoning Compliance (CZC) and Design Review (DES): The annexation of this
property is not subject to Design Review and the applicant has not submitted a concept plan
depicting how this site may develop. Since the applicant is requesting a C-C zoning district, it is
likely the site will develop with future commercial uses. The UDC requires CZC and DES
approval for all new commercial developments within the City limits.
In addition, the site is developed with a single family home. UDC ll-2B-2 does not list
detached single family homes as a conditional or principally permitted use in the C-C
zoning district. If the subject annexation request is approved, the existing home on the site
becomes anon-conforming use. However UDC 11-1B-4 states anon-conforming use may
continue provided the use remains lawful and is not expanded or extended unless approved
through the conditional use process. The applicant has communicated to staff the home is
being used for an office but has not been approved by the City for an office use.
JJA Annexation PAGE 6
If the applicant wishes to use this home for an office in the interim, staff is recommending
the applicant submit CZC, DES and ALT applications for a change of use on the site. Please
refer to the landscape section below for analysis regarding the alternative compliance
application. With the exception of the existing home, staff is recommending a DA provision
that prohibits the issuance of future CZC's until the property is subdivided in accordance
with the standards listed in the UDC and a concept plan is attached as an Exhibit in the
development agreement.
Landscaping: Linder Road and Ustick Road are classified as arterial roadways. By City
Ordinance, a 25-foot wide street landscape buffer is required adjacent to these roadways.
Conformance with the street landscape buffer standards listed in UDC 11-3B-7C will be
evaluated with a future plat submittal.
However, the existing home on the site prohibits conformance with the aforementioned
dimensional standards of the district due to the intersection improvements. If the applicant wishes
to use the existing home for an office, alternative compliance is necessary to facilitate the
approval of the reduced street buffers until such time as the home is removed and commercial
development is proposed for the site. The applicant will be required to comply with the
paving, parking and parking lot landscaping requirements in accordance with the UDC to
establish the office use on the property.
Further the property abuts residential property on the northern and western boundaries. By City
Ordinance the applicant shall construct a 25-foot wide landscape buffer adjacent to said
boundaries when development is proposed for the site. In addition, staff is recommending the
applicant construct a 5-foot wide pathway within the 25-foot wide landscape buffer
adjacent to the western boundary to provide pedestrian connectivity to the 10-foot pathway
planned for the property along Ustick Road.
Floodplain: A portion of the site (southwest corner of the site adjacent to Five Mile Creek) is
within a flood plain. Public Works is requiring the applicant submit a Floodplain
Development Permit and secure approval before any construction can begin. The applicant
shall coordinate with the Floodplain Administrator to verify requirements.
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.
In summary, Staff is supportive of the Applicant's proposal to annex this site with a C-C zoning
designation with the recommended DA provisions listed in Exhibit B of this report.
X. EXHIBITS
A. Drawings
1. Vicinity Map (Zoning & Aerial)
B. Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
JJA Annexation PAGE 7
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
JJA Annexation PAGE 8
A. Drawings
1. Vicinity Map (Zoning & Aerial)
Exhibit A _ ~ _
B. Comments/Conditions of Approval
On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
Department and Meridian Police Department. Staff has included all comments and recommended actions
in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The legal description for the proposed annexation submitted with the application (prepared on
July 10, 2009, by Darin Holzhey, PLS) shows the property within the existing corporate boundary
of the City of Meridian (see Exhibit C).
1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office, 898-5506, 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:
Future construction and development of the site shall comply with the standards listed in
UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in
effect at the time of development.
A Certificate of Zoning Compliance, Design Review and Alternative Compliance
applications are required to be submitted to the Planning Department for the change of use
of the existing single family home to an office use.
Except for the existing home, a future Certificate of Zoning Compliance (CZC) shall not
be issued until a concept plan is attached as an exhibit in the development agreement and
the property is subdivided in accordance with the Unified Development Code (UDC).
With any future preliminary plat submittal the applicant shall:
a. extend W.Crossroad Street (public street) to Linder Road and stub a public street to the
undeveloped parcel to the north (#50435449905).
b. provide a 5' public access/recreational easement in favor of the City of Meridian
measured from the back edge of 7-foot wide attached sidewalk starting at the western
edge of the existing access on Ustick Road and continuing to the east property line.
c. depict a 25-foot wide landscape easement along Ustick Road and Linder Road.
4. The applicant shall construct a 10-foot wide multi-use pathway beginning on the western
edge of the existing access to Ustick Road, proceeding north/northwest connecting to the
existing service road on ACHD's drainage site located at the western boundary. An
easement shall be provided for public access to and maintenance of the pathways; noted
on the plat. The City will not assume maintenance of the pathway until it connects from
one major arterial road to another, unless otherwise agreed to by the Parks & Recreation
Department.
5. The applicant shall be responsible for obtaining a Floodplain Development Permit and
secure approval prior to any construction beginning on the site.
6. Development of the subject property shall comply with the C-C standards listed in UDC
11-2B-3 and the allowed uses in Table 11-2B-2.
7. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
Exhibit B - 3 -
8. The applicant shall be responsible for all costs associated with sewer and water service
installation.
9. The applicant shall construct a 5-foot pathway within the 25-foot wide landscape buffer
adjacent to the western boundary to provide pedestrian connectivity to the 10-foot
pathway planned for the property along Ustick Road.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works comments for development will be issued during the Preliminary Plat phase.
3. FIRE DEPARTMENT
3.1 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.
3.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.4 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.5 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.
3.6 Where a portion of the facility or building hereafter constructed or tnoved 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).
3.7 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.
3.8 COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus access roads separated by one half of the maximum overall diagonal dimension of the
property or area to be served, treasured in a straight line between accesses.
Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have
a single approved fire apparatus access road when all buildings are equipped throughout with
approved automatic sprinkler systems. (Remoteness Required)
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
Exhibit B - 4 -
5.1 Prior to/at the time of development, the applicant shall:
A. Construct a 10' multi-use pathway from the sidewalk (on Ustick) proceeding north northwest
to connect to the existing service road on ACHD's drainage site. The pathway shall begin on
the west edge of the existing access to Ustick and extend to the west property line.
B. Dedicate/donate a 5' public access/recreational easement from the back edge of sidewalk
starting at the west edge of the existing access to Ustick Road and continue to the east
property line.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
This application is for annexation and rezone only. Listed below are some of the site specific conditions
that the District may ident~ when it reviews a future development application. The District may add
additional site specific requirements when it reviews a specific redevelopment application.
7.1 Construct 5-foot wide detached concrete sidewalk located no closer than 41-feet from the
centerline of Linder Road abutting the site where it does not currently exist.
7.2 Extend Crosswind Street into the site from the site's northwest corner, and stub it either to the
north property line or to the approved access location on Linder Road approximately 570-feet
north of Ustick Road. If Crosswind Street is stubbed to the north property line, install a sign at the
terminus stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If Crosswind
Street is extended to Linder Road, dedicate right-of--way all the way to the north property line.
7.3 Construct Crosswind Street as one of the following:
a. A 40-foot commercial street section with vertical curb, gutter and minimum 5-foot wide
sidewalk on both sides.
b. Ahalf-street section with 24-feet of pavement, vertical curb, gutter and minimum 5-foot wide
concrete sidewalk on the south side, and a 3-foot wide gravel shoulder and drainage swale on the
north side.
7.4 Construct Crosswind Street to commercial/industrial street standards if it provides any access to
the site.
7.5 Construct a site driveway, no wider than 36-feet, onto Crosswind Street. Pave the driveway its
full width at least 30-feet into the site.
7.6 Utilize the existing full access driveway onto Ustick Road located approximately 200-feet west of
Linder Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet
into the site from Ustick Road.
7.7 Utilize the existing right-in/right-out ONLY driveway onto Linder Road located 350-feet north of
Ustick Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet
into the site from Linder Road. Install a concrete median on Linder Road to restrict this driveway
to right-in/right-out ONLY.
7.8 [If not utilized as a public street per item 2] Construct a full access driveway onto Linder Road,
no wider than 36-feet and located 570-feet north of Ustick Road (measured near edge to near
edge).
7.9 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting
the site.
Exhibit B - 5 -
7.10 Other than access specifically with this application, direct lot access to Linder Road and Ustick
Road is prohibited.
7.11 Comply with all Standard Conditions of Approval.
7.2. STANDARD CONDITIONS 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 maybe 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 applicable 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 ACHD 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
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 B - 6 -
C. Legal Description & Exhibit Map
,~ ~ ~ ~ ~ Professional Engineers, Land Surveyors and Planners
} 314 Badiola St. Caldwell, ID 83605
E.~ ~'~ f ~.~~~ ~nc. ~ . Ph (208) 454-0256 Fax (208} 454-0979
e-mail: dhulzhevfii~nue~.us
F~oR: RMC
JOB NU.: MY1708
DATE: July lU, 2009
AIYNF,XATION DESCRIPTION
A parcel of land being a portion of the Sfa l4 SE 1!4 of Section 35, Township 4 North, Range I
West, Boise Meridian, Ada County Idaho, more particularly described as follows:
BEGINNING at the southeast corner of said SE I /4 SE 114;
Thence N 89° 14' 48" W a distance of 390.01 feet along the south boundary of said SE1/4 SE1/4 to
a point;
Thence N 00° 1S' 04" E a distance of 657.58 fcxt parallel with the east boundary of said SE1/4
SE114 to a point,
Thence S 89° 17' 36" E a distance of 390.OI feet to a point on the east boundary of said SE I /4
SE 114;
Thence S 0()° 15' 04" W a distance of 657.90 feet along said east boundary to the PO1N1' OF
BEGINNING;
1~is parcel contains 5.889 acres more or less
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Exhibit C
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Exhibit C - 2 -
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
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-C zoning district.
If the applicant complies with the DA provisions, Staff finds that the proposed zoning map
amendment complies with the applicable provisions of the comprehensive plan for the Mixed
Use-Community 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;
Staff finds that the proposed map amendment to C-C will provide services for residents in
this area of the city, consistent with the purpose statement for the commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council rely on any oral or
written testimony that may be provided when determining this 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.
e. The annexation is in the best of interest of the City (UDC ll-SB-3.E).
Staff finds that Annexation and Zoning of this property to a C-C zoning district is in the best
interest of the City if a development agreement is entered into between the City and the
property owner.
Exhibit D