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Home My WebLink AboutCortabitarte AZ 03-026RECEI~':a~ (//''~~-/~0///Ap~c~m~ oe n _ ~o~o STAFF SUMMARY OF ~av ~ . ~~u City Of Meridian City Clerk Office PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Case No(s).: Applicant: Cortabitarte Annexation AZ-03-026 Jack Cortabitarte P&Z Commission Hearing Date: December 4, 2003 Recommendation: Approve with a Development Agreement Summary of Public Hearing: • Kent Brown, representing the applicant, testified in favor of the application. Jack Cortabitarte, the applicant, also testified in favor of the application and responded to questions from the Commission. • No testimony in opposition. Key Commission Changes to Staff Recommendation: • On page six, under site specific comment #3, the second bullet stated the applicant must abandon residential use of the property upon annexation. The Commission modified the condition to sta#e that the existing residence may continue as a legal nonconforming use until such time as sanitary sewer service is available to the property and at that time the residential use ofthe building shag cease. Outstanding Issues for City Council: • Lot Line Adjustment: [from Special Consideration #3 on page 6 of the staff report]- "...the applicant has submitted a Lot Line Adjustment (LLA) to make the I-L portion of the property part of the Food Services of America lot. The City Engineer is currently researching any issues associated with approving an LLA that creates one lot in two separate subdivisions. Sta,~'recommends requiring a letter from the City Engineer that the LLA is approved and swatting annexation in order to be recorded prior to the Council taking frnad action on the subject application. If for some reason the LLA cannot be approved, the DA should require platting the property to split it at the location where the different zones meet." Note: Staff has contacted the City Engineer about the letter and will try to get it prior to the hearing. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 5.11 ACRES TO C-G and I-L ZONES Case No. AZ-03-026 RECOMMENDATION TO CITY 1 COUNCIL Jack Cortabitarte, Applicant The property is approximately 5.11 acres in size and is generally located on the south side of Fairview Road about halfway between Locust Grove and Eagle Roads, Meridian. The property is designated as Mixed-Use Community in the Comprehensive Plan. 2. The owners of record of the subject property are Jack and Isaac Cortabitarte, and have consented to the annexation. 3. Applicant is Jack Cortabitarte, P.O. Box 8566, Boise, Idaho 83707. 4. The subject property is currently zoned Rl (Ada County) and consists of rural residentiaUpasture land. 5. The Applicant requests the property be zoned as C-G (General Retail and Service Conunercial District) and I-L (Light Industrial District). 6. The subject property is bordered by city limits on its eastern boundary, zoned I-L. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Sewice Planning Area as defined in the Meridian Comprehensive Plan. 9. There are significant existing trees that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Annexation And Zoning RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION FOR CORTABITARTE PARCEL BY JACK CORTABITARTE - AZ-03-026 -Page 1 as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department, as modified by the Planning & Zoning Commission, as follows: Prior to the annexation ordinance approval, entered into between the City of Meridian require that: a Development Agreement (DA) shall be and the property owner(s). The DA shall • All future uses within the boundaries of this annexation can only be approved through the Conditional Use Permit process. • The existing residential use may continue as a legal nonconforming use until such time as sanitary sewer service is available to the property and at that time the residential use of the building shall cease. • The C-G area shall remain undevelopable until sanitary sewer service is available to the properly. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Any other conditions desired by the Council. B. Adopt the Recommendations of the ACRD as part of the DA, as follows: Site Specific Conditions of Approval 1. Upon the receipt of a development application in the future for this site the District intends to add conditions of approval that apply to this site. 2. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. RECOMtvIENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION FOR CORTABI'1'ARTE PARCEL BY JACK CORTABITARTE - AZ-03-026 -Page 2 4. 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. 5, 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 6. 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. Constructian, use and property developmer-t shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) 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. 10, No change in the terms and conditions of this approval shall be valid unless they aze 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. I L 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. RECOMNNIENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION FOR CORTABLTARTE PARCEL, BY JACK CORTABITARTE - AZr03-026 -Page 3 C. Adopt the Recommendations of the Meridian Fire Department as part of the DA, as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 4. Ail roads shall have a turning radius of 28' inside and 48' outside. 5. Qperational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn azound. 7, The fire department requests that any future sigaalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficiem response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. RECOMMENDATION TO CITY COUNCIL. FOR APPROVAL OF ANNEXATION FOR CORTABITARTE PARCEL BY TACK CORTABITARTE - AZ-03-026 -Page 4