Loading...
HomeMy WebLinkAboutFindings The Baby PlaceCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN,- ~J In the Matter of the Request for Annexation and Zoning of 0.9~~ of an Acre of Land to the C-C (Community Business) Zoning District, by Brent and Coleen Goodwin. Case No(s). AZ-09-004 For the City Council Hearing Date of: December 8, 2009 (Findings on the December 22, 2009 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report fcr the hearing date of December 8, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see ~~ttached Staff Report for the hearing date of December 8, 2009, incorporated by referena~) B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current coning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and. the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council purs~.~ant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plamling jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISICIN & ORDER CASE NO(S). AZ-09-004 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and provisions of the Development Agreement in the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Annexation & Zoning request to the C-C district as evidenced by having submitted the legal description and exhibit map, stamped by Earl Eblen and dated July 28, 2009, is hereby conditionally approved; and, 2. A Development A~,~reement (DA) is required with the subject annexation & zoning approval. The provisions of the DA are as shown in Exhibit B of the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of December 8, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-004 -2- By action of the City Council at its regular meeting held on the 2 day of '~~ , 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED_~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) Attest: ~~~`~~y ~ /~~., F ; o Jaycee an, City Cle~c .~ o~' .9~ G~~r ~ ~ ~; °' O ~s~ . , ~~~i/ ~ Q~ a~`~a Copy served upon Applicant, i~ .)j ent, Public Works Department and City ~~~rrrrri it n-g -~~`~~ Attorney. By: Dated: ~ ~ - a'.~ -' (~j ' Cl Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-004 -3- STAFF REPORT Hearing Date: December 8, 2009 TO: Mayor & City Council FROM: Sonya Waters, Associate City Planner 208-884-5533 SUBJECT: AZ-09-004 -The Baby Place I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST ~~Vl E IDR IAN,, ~~ 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 ~-eport_for more infornzation. 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. November 5, 2UU9. At the public hearing on November 5"' they moved to recommend approva of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Jason Knglin, Paul Stark, Verlyn Brower ii. In opposition: Gary Reimer; Margaret Reimer; Jim Witt iii. Commenting: None iv. Written testimony: Jason Kuglin; Design West v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The proposed hours of operation of the birthing center; ii. The previous and continued operation of the business without the proper approvals in Ada County c. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.2b to include the timing for the cross-access easements to be granted (see Exhibit BZ d. Outstanding Issue(s) for City Council: i. None ~_ Summary of 1 y COUnCII Puhljc uearina~ ~ In favor: Jason Ku~lin. Ryan Taylor 1L In opposition: None iih Commentinp~: None 1y. Written testimony: None Baby Place, The AZ PAGE 1 ~ taff presenting application: Sonva Watters Y1. ~_ ev Issues of Discussion by Council: ~_ he proposed hours of operation of the birthing center ~_ ev Council Channes to Staff/Commission Recommendation l.. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-09- 004, as presented in the staff report for the hearing date of December 8, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-004, as presented during the hearing on December 8, 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 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 Baby Placc, The AZ PAGE 2 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 (Commission); November 16, and 30, 2009 (City Council) C. Notices mailed to subject property owners on: August 13, 2009 and October 8, 2009 (Commission); November 12, 2009 (City Council) D. Applicant posted notice on site(s) on: August 25, 2009 and October 20, 2009 (Commission); November 27, 2009 (City Council) 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 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. 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: 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. Baby Place, The AZ PAGE 3 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 conununity. 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 City 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 sen~ice 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 sen~ice 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 Sen~ices, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, 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 11-2B-3. All landscaping should be installed in accordance with the standards listed in UDC 11- 3E-7C, Landscape Buffers along Streets. Baby Place, The AZ PAGE 4 • "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 C-C 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 he provided on C-C zoned properties as a buffer to residential uses, in accordance with the standards listed in UDC 11-38- 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 tl2e north and south for fixture interconnectivity 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 ofMeridian 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 C-C 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 C-C zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC 11-3B-7C and Table 11-2B-3; parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-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 11-30- 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. Baby Place, The AZ PAGE 5 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 MILE 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 ll-3A-17C, prior to issuance of Certificate of Occupancy as a provision of the DA for annexation of this property. 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 placating requirement may be reduced to one tree per 35 linear feet plus shrubs, lawn, or other vegetative groundcover, if a.fence at least 6feet tall is provided. Baby Place, The AZ PAGE 6 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 required.) 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 I 1-3B-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 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 sunmlary, Staff is supportive of the Applicant's proposal to annex this site with a C-C zoning district with the recommended DA provisions listed in Exhibit B of this report. X. EXHIBITS A. Drawings 1. Zoning Map & Aerial Map Baby Place, The AZ PAGE 7 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 8 A. Drawings ~~ -. 's. N ,... ~,,,. ~, L i w ~ReEtuiFn6 a8_~,,` -~, ~~ Exhibit B Pagc 2 1. Zoning Map & Aerial Map 2. Site Plan (dated 7/24/09) ~t, a e~~ ~.. ~ oiE e :~~ _..Y IR PLANT SC HEUUIi ~ R7~~ ~/ ~ ~N _. . ~ ~ ~ ~» ~' Z ~- .~ ~ a® ~ e ~ - - ~ ~--~.:~ ~I a ~ ~~~~,y~a ~~ B SN RUB PLANi1NG d ~ J d A 6ECI000US TREC PLANTING •n ~ y ... .. wsv ~ ~;. °~' W ... e a.e. ~, .~ ~,.., m ~ _ I~ Q C TtttPICAL PLANT SPACING w~~~eMN) Q " am .n ~ w w- .. ~~, ~~ J~uh Noa~w wn~T , q D coHCRETE ~MOwSTRIP ~'` ~~•~~c ` or ' - M~ C=DDNCNRE Ik ] •~EE •Yw+ L [YISTINb CONIi[ROUE TR[E ~ Q J i -..._..~ ~ rnsnw aciouars [PEE 'I W,ryI'~' ~''~j ~ L ~, i i _. k' ~T ~ ~~ ~~_ ~ 1~~~C5 bISTING bEdW0U5 TM[E ,,,, ~ ~~ ~ "µ_ _ ,., V6 oalrnm re ~ y~ Et ~~ c~¢am n, a~ G~„^" qtr` fi~ `~ ~~ Ar w ax ~' s ~Xaa. e-~~ ~r .f ~ _ 1 L~ l 0 Exhibit B Page 3 EXHIBIT B: AGENCY & DEPARTMENT COMMENTS On August 13, 2009, Planning Staff held an agency continents 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. The easements shall be granted at the time of future construction on the site and/or expansion of the existing parking lot. 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. Exhibit C Page 2 2. PUBLIC WORKS DEPARTMENT 2.1 Sewer service to this site is currently provided from a main located in N Linder Road 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. PARKSDEPARTMENT 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 arc 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 ACRD 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. Exhibit C Page 3 7.1.7 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 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 Pagc 4 C. Annexation Legal Description & Exhibit Map BOUNDARIES UNLIMITED LLC PaT'cel Description For Lot 5 Block 1 Heppez Acres Subdivision L.ot S Black 1 of Nepper Acres Subdivision, situate in the Southwest quarter of Section ] 2, Township 3 North, Range 1 West, Boise Meridian, Ada County County, Idaho, More particularly described as fotlows~ Commencing at the Southwest coiner of Section 12, Thence N00°04'00"W, 802 33 feet along the West line ofthe Southwest quarter of Section I2 to the Southwest corner of L.ot 5, the POINT OF BEGINNING; Thence N00°04'0"W, l20 00 feet along the west boundary of said L.ot S to the northwest comer of Lot 5; Ihence S88°S9'00"E, 35b 29 feet along the North boundary of said Lot 5 to the Northeast corner of Lot 5; Thence S00°4700"W, 120.00 feet along the East boundary of said Lot 5 to the Southwest corner of said Lot 5; Thence N88°59'00"W, 355 84 feet along the South boundary of said Lot 5 to the POINT OF BEGINNING ways Said Parcel A contains 0.98 Acres or 42,719 Square f eet more or less and is subject to all rights of ~~°Ji -,`~ROVAL ;~~ ~UL ~ 8 2009 ~niaN ~uauic ' ':?'~5 DEPT. Earl Ebien PE PLS 208.863.8477 c,e:er'~roaror_cpq Dave Sanders Survey Manager 208.7398003 :+t sa;,ders~0v.'ivaroc~ 2121 S. Phillippi Boise Idaho 83705 T~ Exhibit C Page 5 Legal Exribir ~•:Y .....,~._...e.,.. -- i i •_-~. ~ - ----- t, - ~~ iregend ~•~.. - BOUND SHY iM - RiGNT C.F HAY tlht ~ ~ qq lfl - BfiCNN ywF7ER ~ - l07 kl>*i9_R 11 5$8 95 AO'f 356 79 t .[. - ~f kprCS iOUNO SEC11eN CORn~R - !1F ND4E5 POUM7 ~uAR'fR $:LOU ~pRyER ~ .i-I CiAAt[n MktiT wQf ~Ff ku ~ fq(.wp '~C t+ICH Iii4gR HK'II9~ jr[!•:i `U'x~«n~w~ :} t fia n x i a' I t. ~ Y~'~o~09@ F.,r ey 4 4:! 719 $Q f' J z ~ /`, `' a : o ,I F ~ REVIQVAL .c ~~~ 6 -_...__-,..~..___..-~ 188'59 nO'w 355 Q __.-.tip ' ~ 2U 2~ 8 V C I I !AEkI©IAN ?Up4~C a ~ ! NORKS DEPT. ~~ E .;-i 13 J flpOfl°.S ~ni~mi;ed iML C. a~..a naw 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 R1 in Ada County to C-C. The City Council 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; The City Council 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. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, The City Council 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). The City Council 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, the City Council finds that the annexation and zoning of this property is in the best interest of the City. Exhibit D