Staff ReportChanges to Agenda:
- Items 4.A, B, C: Waverly Place - The applicant requests continuance to January 6, 2011
Item #4.D: Borup Property (AZ-10-003)
Application(s):
- Annexation & zoning of 0.22 of an acre of land from RUT (Ada County) to C-G (General Retail & Service Commercial).
Size of property, existing zoning, and location: This site consists of 0.22 of an acre, is currently zoned RUT in Ada County, and
is located on the east side of N. Meridian Road, midway between Fairview & Ustick.
Adjacent Land Use & Zoning:
North: Pre-schoolldaycare center, zoned C-G
South: Curriculum Cottage, zoned C-C
East: Residential, zoned R-40
West: Church, zoned L-0
Summary of Request: This property was developed with the adjoining property to the north & is held in common ownership. A
portion of the parking lot for the adjoining business is contained on this property. When a CUP for apre-schoolldaycare center was
recently approved on the property to the north which also included this property, it came to staffs attention that this small sliver of
land had not been annexed with the abutting parcel in 1982. When the Commission approved the CUP, a condition of approval was
that the applicant obtains annexation and zoning approval from the City Council within one year of the date of CUP approval.
Due to its small size, irregular shape and being developed as part of the property to the north, staff is not recommending that a
development agreement be required as a provision of annexation.
Approval of the proposed annexation will clean-up the zoning on this property where a use has already been approved in the City
and allow the applicant to comply with a previous condition of approval.
History:
• This property consists of a portion of Lot 3, of J. E. Pfost's Subdivision, platted in 1908.
• A CUP was recently approved for apre-schoolldaycare center on the adjoining property to the north that incorporates the
subject property.
Comprehensive Plan Designation: Mixed Use -Neighborhood Compliance wlComp Plan? Yes
Compliance with UDC? Yes
Written Testimony: None
Staff Recommendation: Approval
Notes:
STAFF REPORT
HEARING DATE: December 16, 2010
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: AZ-10-003 - Borup Property
~E IDIZ IAN+~-
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Neilson Inc., has applied for annexation and zoning (AZ) of a 0.22 acre portion of land
from the RUT (Rural Urban Transition) zoning district in Ada County to the C-G (General Retail &
Service Commercial) zoning district in the City.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-10-
003 as presented during the hearing on December 16, 2010, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-10-003 as
presented during the hearing on December 16, 2010, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number AZ-10-003 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:
Parcel No. 87039000605
Located in the southwest % of Section 6, Township 3 North, Range 1 East
B. Owner(s):
2250 N. Meridian Road Trust
P.O. Box 855
Meridian, ID 83680
C. Applicant:
Neilson Inc.
P.O. Box 855
Meridian, ID 83680
PAGE 1
D. Representative:
Keith Borup
2090 Freedom Lane
Meridian, ID 83646
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and zoning request. 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.
D. Newspaper notifications published on: November 29, and December 13, 2010
E. Radius notices mailed to properties within 300 feet on: November 24, 2010
F. Applicant posted notice on site by: November 27, 2010
VI. LAND USE
A. Existing Land Use(s): A portion of a parking lot exists on this property that is part of the abutting
property to the north owned by the applicant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property, zoned R-40; a church across Meridian Road to the west, zoned L-O;
commercial (Curriculum Cottage) to the south, zoned C-C; and a recently approved pre-
school/daycare facility to the north, zoned C-G.
C. History of Previous Actions:
• This property consists of a portion of Lot 3, of J. E. Pfost's Subdivision, platted in 1908.
• A conditional use permit (CUP-10-008) was recently approved for apre-schooUdaycare
center on the adjoining property to the north that incorporates the subject property.
D. Utilities:
1. Public Works:
a. Location of sewer: Services are available from N Meridian Road
b. Location of water: Services are available from N Meridian Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is a shallow ditch that traverses this site from east to west.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A large portion of this site lies within flood zone XS and a smaller portion within
flood zone AE. This site is not within the floodplain.
F. Access: There is no access to this site via N. Meridian Road; access is provided to the parking lot
on this property via one access to Meridian Road on the abutting property to the north.
PAGE 2
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Mixed Use -Neighborhood (MU-N)" on the Comprehensive Plan
Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU-
N areas: Up to 10 acres may be non-residential uses; up to 100,000 square feet of non-residential
building area; residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery
stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional
offices, medical/dental clinics, retaiUgift shops, schools, parks, churches, clubhouses, and public uses.
Staff finds the recently approved pre-schooUdaycare center that incorporates this property is a
compatible use in the MU-N category.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (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.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
• Sanitary sewer and water service is provided to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are 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 #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 continue to 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.
• Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Staff is of the opinion that the recently approved pre-school will contribute to the variety of
educational and commercial opportunities available within the City.
• Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff is of the opinion the pre-school/daycare use of this property is compatible with surrounding
residential, church, and commercial uses for the following reasons: 1) the pre-school will serve
the needs of nearby residents; 2) the appearance of the structure is consistent with adjacent
buildings as it is a former dwelling; and 3) its location on an arterial street will not create
additional traffic which would affect other properties.
• Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on
collectors and arterial streets.
PAGE 3
One access to the site is provided via N. Meridian Road, a minor arterial street, on the abutting
property to the north which serves as an access to the parking lot on this site.
• Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and
buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).
A 25 foot wide landscape buffer is required to be provided along N. Meridian Road, an arterial
street, on this property as required by UDC Table 11-2B-3 and CUP-10-008.
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-21ists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. A CUP was recently
approved for apre-school/daycare center on this site as required in the C-G zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to annex and zone 0.22 of an acre of land from the RUT zoning
district in Ada County to the C-G district in the City.
This property was developed with the adjoining property to the north and is held in common
ownership. A portion of the parking lot for the adjoining business is contained on this property.
When a conditional use permit for apre-schooUdaycare center was recently approved on the
property to the north which also included this property, it came to staff's attention that this small
sliver of land had not been annexed with the abutting parcel in 1982. When the Commission
approved the CUP a condition of approval was that the applicant obtains annexation and zoning
approval from the City Council within one year of the date of CUP approval.
Due to its small size, irregular shape and being developed as part of the property to the north,
staff is not recommending that a development agreement be required as a provision of
annexation.
Approval of the proposed annexation will clean-up the zoning on this property where a use has
already been approved in the City and allow the applicant to comply with a previous condition of
approval.
PAGE 4
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Site Plan (dated: July 15, 2010)
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
PAGES
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B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The legal description for the proposed annexation submitted with the application (prepared on
September 24, 2010, by James R. Prince, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD did not submit comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
PAGE 8
C. Legal Description and Exhibit Map
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D. Required Findings from Unified Development Code
1. Annexation & Zoning 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 from RUT in Ada County
to C-G. Staff finds that the proposed map amendment is consistent with the MU-N future
land use designation for this site. Therefore, Staff finds the amendment is consistent 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 the C-G district and recently approved
daycare use of this property is consistent with the purpose statement of the commercial
district in that it provides for the service needs of the community.
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 consider 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).
Because the applicant/owner was required to annex and zone the subject property as a
condition of approval of CUP-10-008, Staff finds the annexation of this property is in the best
interest of the City.
PAGE I 1