HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: November 5, 2009
(Continued from September 3, and 17, 2009)
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: AZ-09-004 -The Baby Place
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
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OCT 2 7 2009
CITYOFC~Ig ooaN
CITY CLERKS OFFICE
The applicants, Brent and Coleen Goodwin, have applied to annex and zone 0.98 of an acre of land
from the R1 zoning district in Ada County to the C-C (Community Business) zoning district in the
City.
The applicants are currently operating a birthing center, The Baby Place, on this property and have
submitted a site plan showing the location of the existing structure, access driveway to Linder Road,
parking, landscaping, and fencing. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed annexation and zoning 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.
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-09-004, as presented in the staff report for the hearing date of November
5, 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-09-004, as presented during the hearing on November 5, 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-09-004 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 site is located at 270 N. Linder Road, in the SW '/ of Section 12, Township 3 North, Range 1
West.
B. Owner(s):
Shys, LLC
1969 W. Divide Creek Street
Meridian, ID 83646
Baby Place, The AZ PAGE 1
C. Applicant:
Brent and Coleen Goodwin
1969 W. Divide Creek Street
Meridian, ID 83646
D. Representative:
Jason Kuglin, Pinnacle Engineers, Inc.
12552 W. Executive Drive, Suite B
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
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: August 17, and 31, 2009; October 19, and November 2,
2009
C. Notices mailed to subject property owners on: August 13, 2009; October 8, 2009
D. Applicant posted notice on site(s) on: August 25, 2009; October 20, 2009
VI. LAND USE
A. Existing Land Use(s) and Zoning: The Baby Place, a birthing center, is currently in operation on
this site, which is zoned R1 in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the adjacent
areas to the north and south is residential, while the adjacent areas to the east and west are
industrial and vacant industrially zoned land.
1. North: Rural residential property, zoned R1 in Ada County
2. East: Vacant industrial property, zoned I-L
3. South: Rural residential property, zoned R1 in Ada County
4. West: Industrial properties, zoned I-L
C. History of Previous Actions:
• This property was previously platted as Lot 5, Heppers Acre Subdivision.
• This property hooked up to City sewer on March 1, 2006.
• The business currently in operation on this site did not receive approval from Ada
County and is not an allowed use in the current R1 zoning district in the County.
Building permits for the recent expansion of the facility were obtained from Ada
County; however occupancy has not yet been granted because residential permits
were obtained instead of commercial permits which are not consistent with the
commercial use of the site. The applicant is requesting annexation into the City in
order to legally operate the business.
Baby Place, The AZ PAGE 2
D. Utilities:
1. Public Works:
a. Location of sewer: Service is currently provided from N Linder road
b. Location of water: The applicant will need to connect to the main in N Linder Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property does not lie within a floodplain.
F. Access: Two access points to Linder Road currently exists on this site. Only one access is shown
on the site plan. Please see Section IX below for more information on access.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Mixed Use -Community (MUC)" on the Comprehensive Plan
Future Land Use Map. Per Chapter VII of the comprehensive plan, up to 25 acres of non-residential
uses are permitted within the MUC areas as shown on the Future Land Use Map. In MUC areas that
are not Neighborhood Centers such as this, over 25 acres of non-residential uses shall be permitted
through the CUP process; up to 200,000 square feet of non-residential building area; and residential
densities of 3 to 15 units/acre. Sample uses include: All MU-N categories, clothing stores, garden
centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and department
stores.
While the area is not yet fully developed with commercial uses it is anticipated that over time the area
will evolve as envisioned in the plan. Staff believes use of the site as a birthing center is consistent
with the uses desired in MU-C designated areas in the Comprehensive Plan as it provides a service in
the community.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed church use of this property (staff analysis in italics):
• When the City established its Area of Ciry Impact, it planned to provide City services to the
subject property. Municipal services are available to the subject property and will be provided in
the following manner:
- Sanitary sewer and water service is available to be extended to the subject property.
- The lands will be serviced by the Meridian Fire Department (MFD).
- 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 Joint School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
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.
Baby Place, The AZ PAGE 3
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV,
Objective D, Action 2, page 114)
There are two access points to Linder Road, an arterial street, that exist on this site; the site plan
depicts only one access point to Linder. Because access to a local street is not available to this
site, staff is supportive of the single access point to Linder Road remaining as proposed and
recommends access be restricted to only one access point as shown on the site plan.
• "Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114)
A 25 foot wide landscape buffer is required along Linder Road, an. arterial street, per UDC Table
I1-2B-3. All landscaping should be installed in accordance with the standards listed in UDC 11-
3E-7C, Landscape Buffers along Streets.
• "Require screening and buffering of commercial and industrial properties and residential use with
transitional zoning." (Chapter VII, Goal III, Objective A, Action 6, page 112)
The applicant is proposing a GC zoning district for this site, which staff believes is an.
appropriate transitional zone to abutting residentially zoned properties within MUC designated
areas (the properties to the north and south are also designated as MUC). Fencing exists around
the perimeter of the site. A 25 foot wide landscape buffer is required to be provided on GC zoned
properties as a buffer to residential uses, in accordance with the standards listed in UDC 11-3B-
9C.
"Develop methods such as cross-access agreements, frontage roads, to reduce the number of
existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action 12, page
85)
The proposed site plan does not depict cross-access to any of the abutting properties. As a
provision of the development agreement, staff is recommending cross-access/ingress-egress
easements be provided to the properties to the north and south for future interconnectiviry and to
reduce access points on Linder Road, an arterial street.
"Encourage the development of a continuum of services to meet the health care needs of the
citizens of Meridian." (Chapter VI, Goal V, page 89)
Staff believes that the birthing center will contribute to the variety of health care services
available to the citizens of Meridian and surrounding area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, and conditional uses in the C-C zoning district. The birthing center is considered a
"healthcare or social service" use and is listed as a principal permitted use in the proposed GC
zoning district.
C. Dimensional Standards: The site is required to comply with the dimensional standards listed in
UDC Table 11-2B-3 for the proposed GC zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
Baby Place, The AZ PAGE 4
in UDC 11-3B-7C and Table 11-2B-3; parking lot landscaping shall be installed in accordance
with the standards listed in UDC I 1-3B-8C; landscape buffers to adjoining residential uses shall
be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3.
E. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross
floor area; parking areas shall be designed in accordance with the standards listed in UDC 11-3C-
5. The gross floor area of the existing structure is 2,400 square feet. Therefore, 4 parking spaces
are required; 4 are provided. Additionally, one bicycle parking space is required to be provided
for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards
listed in UDC 11-3C-SC. Per this standard, 1 bicycle parking space is required to be provided on
the site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to annex and zone 0.98 of an acre of land from the R1
zoning district in Ada County to the C-C (Community Business) zoning district in the City. A
birthing center currently exists on this site that is proposed to remain.
The applicant states that the birthing center is capable of providing care for 2 clients at a time for
a maximum of 24 clients daily. The facility is open 3 days a week, Monday thru Wednesday.
The applicant has submitted a site plan with the annexation request showing the location of the
existing structure, driveway access to Linder Road, parking area, fencing, and landscaping (see
Exhibit A.2).
Access: There are currently two access driveways to Linder Road from the site. The site plan
depicts one driveway access to/from the site via Linder Road, an arterial street. The UDC (11-3A-
3) requires access to be taken from a local street when available; however, access to a local street
is not available to this site. For this reason, staff is supportive of allowing the applicant to retain
one of the existing accesses to Linder Road as depicted on the site plan.
Cross-Access: The site plan does not depict cross-access to any of the abutting properties. When
access to a local street is not available such as in this case, the UDC (11-3A-3A.2) requires cross-
access/ingress-egress easements to be provided to adjoining properties for future
interconnectivity. Additionally, a goal of the comprehensive plan (page 114) is to develop
methods such as cross-access agreements to reduce access points onto arterial streets. For these
reasons, staff is recommending a DA provision that cross-access/ingress-egress easements be
provided to the properties directly to the north and south of this site for future
interconnectivity. Staff is not requiring cross-access be provided to the property to the east
as it is industrially zoned and access to the industrial property is provided from a local
street.
Parking: Off-street parking is depicted on the site plan and shall comply with the standards listed
in UDC 11-3C-5; bicycle parking shall also be provided on the site in accordance with the
standards listed in UDC 11-3C-SC and 11-3C-6G. See Section VIILE above for detailed
information on parking for this site.
Sidewalks: A sidewalk is not depicted on the site plan along Linder Road. A minimum 5-foot
wide detached sidewalk is required to be constructed along Linder Road in accordance with
UDC 11-3A-17C, prior to issuance of Certificate of Occupancy as a provision of the DA for
annexation of this property.
Baby Place, The AZ PAGE 5
Landscaping: Street buffer landscaping, internal parking lot landscaping, and landscape buffers to
adjoining residential uses will be required with development of this site and shall be installed in
accordance with the standards listed in the applicable sections of UDC 11-3B.
Per UDC Table 11-2B-3, a 25-foot wide street buffer is required along Linder Road, an
arterial street, as shown on the site plan.
Per UDC Table 11-2B-3, a 25-foot wide buffer comprised of, but not limited to, a mix of
evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover that allows
trees to touch at maturity is required along the north and south property boundaries adjacent
to adjoining residential uses (UDC 11-3B-9C). The planting requirement may be reduced to
one tree per 35 linear feet plus shrubs, lawn, or other vegetative groundcover, i_f a. fence at
least 6 feet tall is provided.
Because there is an existing paved driveway to Linder Road along the front portion of the
south boundary of the site, there is not sufficient space to construct a landscape buffer in this
area; however, a buffer consistent with UDC requirements is proposed along the rear portion
of the site. Alternative Compliance, in accord with UDC 11-SB-5, may be requested on the
front portion of the site where compliance with the buffer requirements may not be feasible
due to existing site conditions. Note: Staff determines that an adequate buffer, in terms of
physical space (i. e. driveway) and vertical elements (i. e. fencing, exists on the site in accord
with the dimensional standards for the C-C district listed in UDC Table 11-2B-3. However,
because site conditions exist that make it infeasible to install landscaping as required by
UDC 11-3B-9C, alternative compliance is reguired.J
Along the north property boundary, there is adequate room for a buffer to be provided;
however, the landscaping shown on the plan does not comply with UDC requirements for
buffers to adjoining residential uses. Note: The existing structure encroaches approximately
12 feet into the required buffer area. Additional landscaping is required to be installed to
result in a barrier that allows trees to touch at the time of maturity along the full length of the
property, or the required landscaping may be reduced to 1 tree per 35 linear feet plus shrubs,
lawn, or other vegetative ground cover if a 6-foot tall fence is constructed for screening in
accord with UDC 11-3B-9C.
Fencing: The site plan depicts fencing around the perimeter of the property. There is a 3-4 foot
solid wood fence along the north boundary of the site in the front yard area and an open vision
fence in the rear yard area. There is a 6-foot tall vinyl fence along the east boundary and a 6-foot
tall solid wood fence along the south boundary. Note: If a reduction in the landscaping
requirements listed in UDC 11-3B-9C is requested along the north boundary, a 6-foot tall closed
vision fence will be required.
Hours of Operation: The birthing center typically operates between the hours of 9 am to 4:30 pm,
Monday thru Wednesday. However, when a birth occurs, the hours may be extended accordingly.
The UDC does not restrict hours of operation in the C-C district. However, compliance with the
City's noise ordinance is required (see Meridian City Code 6-3-6).
Certificate of Zoning Compliance (CZC): To ensure compliance with the DA provisions
contained in Exhibit B of this report, a CZC application is required to be submitted for review and
approval by the Planning Department prior to issuance of Certificate of Occupancy.
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
Baby Place, The AZ PAGE 6
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 GC zoning
district with the recommended DA provisions listed in Exhibit B of this report.
X. EXHIBITS
A. Drawings
1. Zoning Map & Aerial Map
2. Site Plan (dated 7/24/09)
B. Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
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
Baby Place, The AZ PAGE 7
A. Drawings
1. Zoning Map & Aerial Map
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Exhibit B Page 3
EXHIBIT B: AGENCY & DEPARTMENT COMMENTS
On August 13, 2009, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works 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 and exhibit map for the proposed rezone submitted with the application
(stamped on July 28, 2009, by Earl I. Eblen, 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 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. Access to the site shall be limited to one full access driveway via N. Linder Road as shown
on the site plan; additional access points to Linder Road are prohibited.
b. Cross-access/ingress-egress easements shall be provided to the properties to the north (parcel
#83579000020) and south (parcel #83579000030) for future interconnectivity and to reduce
access points to Linder Road, an arterial street. A copy of said easements shall be submitted
to the Planning Department with the Certificate of Zoning Compliance application.
c. A minimum 5-foot wide detached sidewalk is required to be constructed along Linder Road
in accordance with UDC 11-3A-17C prior to issuance of Certificate of Occupancy.
d. A minimum of four (4) off-street vehicle parking spaces shall be provided on the site in
accordance with the standards listed in UDC 11-3C-5. Additionally, a minimum of one (1)
bicycle parking space shall be provided on this site in accordance with the standards listed in
UDC 11-3C-SC.
e. A 25-foot wide landscape street buffer is required to be installed along Linder Road in
compliance with the standards listed in UDC 11-3B-7C.
f. Per UDC Table 11-2B-3, a 25-foot wide buffer is required to be installed adjacent to the
residential uses along the north and south property boundaries, in accordance with the
standards listed UDC 11-3B-9C.
g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning
Department for approval of the use to ensure compliance with the provisions of the
development agreement contained herein, prior to issuance of Certificate of Occupancy.
h. After obtaining approval of a Certificate of Zoning Compliance from the Planning
Department, the applicant shall apply for a Certificate of Occupancy from the Building
Department, prior to commencing the operation of the birthing center in the City.
i. Outdoor activities conducted on this site shall not create a public noise disturbance between
the hours of 11 pm and 6 am, in accordance with Meridian City Code 6-3-6.
2. PUBLIC WORKS DEPARTMENT
2.1 Sewer service to this site is currently provided from a main located in N Linder Road
Exhibit C Page 2
2.2 Water service to this site will be required by connecting to the existing main located in N Linder
Road at the applicant's expense.
2.3 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.
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. .
3. FIRE DEPARTMENT
3.1 The applicant shall be required to obtain and pass an inspection by a Meridian Fire Department
representative prior to issuance of Certificate of Occupancy.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application. The District
may add additional site specific requirements when it reviews a specific redevelopment application.
7.1.1 Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the
centerline of Linder Road abutting the site.
7.1.2 Construct one driveway between 24 & 30-feet in width located at the south property line. Pave
the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway.
7.1.3 Close the existing driveway located at the north property line, as proposed.
7.1.4 Provide a cross access agreement for the property to the south.
7.1.5 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting
the site along Linder Road.
7.1.6 Other than access specifically approved with a future development application, direct lot access
onto Linder Road will be prohibited.
7.1.7 Comply with all Standard Conditions of Approval.
Exhibit C Page 3
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 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 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 C Page 4
C. Annexation Legal Description & Exhibit Map
BOUNDARIES UNLIMITED LLC
Parcel Descz~iption
For
Lot S Block i
Hopper Acz'es Subdivision
L,ot 5 Block 1 of Hopper Acres Subdivision, situate in the Southwest quarter of Section 12,
Township 3 North, Range t West, Boise Mer'sdian, Ada County County, Idaho, More particularly described
aS fO110WS'
Commencing at the Southwest corner of Section 12, Thence N00°04'00"W, 802 33 feet along the
West line ofthe Southwest quarter of Section 12 to the Southwest corner of I: of 5, the POINT OF
131;GTNNING;
1 hence N00°04'0"W, 120 00 feet along the west boundary of said I,oi 5 to the northwest comer of lot 5;
Ihence S88°59'00"E, 356 29 feet along the North boundary of said L.ot 5 to the Northeast comer of L.ot 5;
Thence S00°07'00"W, 120.00 feet along the East boundary of said I.o2 5 to the Southwest comer of said
L.ot 5;
Thence N88°59'00"W, 355 84 feet along the South bormdary of'said Lot 5 to the POINT OF BEGINNING
ways
Said Parcel A contains 0.98 Acres or 42,719 Square feet more or less and is subject to all rights of
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2129 5 Philfippi Boise Idaho 83705
Exhibit C Page 5
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Exhibit D
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 rezone the subject property from Rl in Ada County to C-C.
Staff finds that the proposed zoning map amendment complies with the applicable provisions
of the Comprehensive Plan.
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 11-SB-3.E).
Staff finds that annexation of this property and subsequent zoning of the site to C-C is
consistent with the comprehensive plan future land use map and UDC standards as detailed in
this report. Therefore, staff finds that the annexation and zoning of this property is in the best
interest of the City.
Exhibit D