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Staff Report
Changes to Agenda: • Item #4A: Capital Christian Wireless Communication Facility (CUP-12-003) -The applicant has requested this item be withdrawn. • Item #4B: Southridge Subdivision Gravel Mining (MCU-12-003) -The applicant has requested this item be continued until September 20, 2012. Item #4C: Linder Church of Christ (AZ-12.007) Application(s): - Annexation & Zoning Size of property, existing zoning, and location: This site consists of 21.82 acres, is currently zoned RUT in Ada County, and is located on the south side of W. Ustick Road, midway between Black Cat & McDermott. Adjacent Land Use & Zoning: North: Rural residential/agricultural properties, zoned RUT in Ada County South: Single-family residences in Tricia's Subdivision No. 3, zoned R-4 East: Single-family residences in Jaydan Village Subdivision, zoned R-8 West: Rural residential property, zoned RUT in Ada County Summary of Request: The applicant requests approval to annex & zone a total of 21.82 acres of land with the C-C (17.35 acres) & R-8 (4.46 acres) zoning districts. The proposed zoning is consistent with the FLUM designations for this site of MU-C & MDR with a neighborhood center overlay. A concept plan was submitted that shows a 50,000 s.f. church to be constructed with the 1St phase of development and office/commercial, multi-family and single-family residential uses to be constructed in future phases. This site lies at the edge of the City's sewer service area. Sewer service to develop the entire property will not be available until a new sewer trunk line is installed from the west into this site. The timing for construction of the new trunk line is not known at this time. The Public Works Department has agreed that a private pressure sewer line would be allowed to serve the church building only but further development would not be allowed until the new sewer trunk line is installed. At the time that gravity sewer is available, this site will be required to cease their temporary pump station use and connect to gravity sewer at the developer's cost. The developer will also be required to spray line the existing sewer manhole located in W. McMurtrey Street. A 25-foot wide landscape buffer is required along Ustick Road & the C-C zoned portion of the site that is adjacent to residential uses. Business hours of operation in the C-C district are limited from 6 am to 11 pm when the property abuts a residential use or district. The Settler's canal runs along the west boundary of this site. Unless improved as a water amity or linear open space, the canal is required to be piped, unless waived by City Council. To deter access to the canal, open vision fencing is required to be constructed along the canal unless it is improved as a water amenity as part of the development. A section of the City's multi-use pathway is planned along the east side of the canal. Access to the site is required to be provided via the two local streets that stub at the east boundary of the site (W. McMurtrey St. & W. Moonlake Dr.). Direct access to Ustick Road is prohibited unless waived by City Council. Written. Testimony: Shawn Nickel (response to the staff report) -The applicant is requesting a waiver from Council to allow one direct access point to Ustick & a waiver to allow Settler's canal to remain open and not be piped due to its large capacity. Staff Recommendation: Approval with a development agreement w/the provisions included in Exhibit B of the staff report. RECEIVE s`~ o s 2o~Z CITY Or ~lE~~~ CITY CLERKS OFFICE STAFF REPORT HEARING DATE: September 6, 2012 E IDIAN~-- TO: Planning & Zoning Commission 1 D A H 4 FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-12-007 -Linder Church of Christ I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Linder Church of Christ, has applied for annexation and zoning (AZ) of 21.82 acres of land with the C-C (17.35 acres) and R-8 (4.46) zoning districts. A conceptual development plan was submitted with the application showing how the property may develop in the future with a church, office/commercial, multi- family and single-family residential uses. II. SUMMARY RECOMMENDATION Staff recommends approval of the application 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 recommend approval of File Number AZ- 12-007 as presented in the staff report for the hearing date of September 6, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number AZ- 12-007 as presented during the hearing on September 6, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ-12-001 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 on the south side of W. Ustick Road, midway between N. Black Cat Road & N. McDermott Road, in the north '/z of Section 4, Township 3 North, Range 1 West (Parcel # S 1204120800) B. Applicant/0wner(s): .Linder Church of Christ 1555 N. Linder Road Meridian, ID 83642 C. Representative: Shawn Nickel, SLN Planning 1589 N. Estancia Place Eagle, ID83616 Linder Church of Christ AZ-12-007 PAGE 1 D. 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. B. Newspaper notifications published on: August 20, and September 3, 2012 C. Radius notices mailed to properties within 300 feet on: August 17, 2012 D. Applicant posted notice on site by: August 27, 2012 VI. LAND USE A. Existing Land Use(s): The site is currently used for agricultural purposes. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential/agricultural properties, zoned RUT in Ada County South: Single-family residences in Tricia's Subdivision No. 3, zoned R-4 East: Single-family residences in Jaydan Village Subdivision, zoned R-8 West: Rural residential property, zoned RUT in Ada County C. History of Previous Actions: NA D. Utilities: Public Works: a. Location of sewer: W McMurtrey Street b. Location of water: W Ustick Road,W Moonlake Drive and W McMurtrey Street c. Issues or concerns: E. Physical Features: 1. Canals/Ditches Irrigation: The Settler's Canal runs along the west boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use Community (MU-C) (approximately 19.3 acres) and Medium Density Residential (MDR) (approximately 1.75 acres) on the Comprehensive Plan Future Land Use Map. There is a Neighborhood Center (NC) overlay designated on the plan for the MU-C area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing use (staff analysis in italics): • "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses." The applicant proposes to develop a portion of the site, which lies within a rural area, with a church, consistent with this objective. Linder Church of Christ AZ-12-007 PAGE 2 • "Support applications that apply the neighborhood center concept." The proposed conceptual development plan for the site depicts a church with future office%ommercial, multi family and single family residential uses, consistent with the neighborhood center concept diagram contained in the Comprehensive Plan. • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." A 25 foot wide landscape buffer is required to be provided adjacent to residential uses along the east and west boundaries of the site on the property proposed to be zoned C-C in accord with the standards listed in UDC 11-3B-9C, per UDC Table 11-2B-3. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 25 foot wide landscape buffer is required to be provided along W. Ustick Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. • "Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan." This site is 21.82 acres in size and is proposed to develop with neighborhood-scaled uses. • "Encourage compatible uses to minimize conflicts and maximize use of land." Staff is of the opinion the proposed church is compatible with existing rural residential/agricultural properties and future higher density residential and commercial uses. The hours of operation offuture businesses within the C-C district that are adjacent to residential uses are restricted to the hours between 6 am and 11 pm. The C-C zoned property is also required to provide a 25 foot wide landscape buffer to residential uses. Based on the policies listed above and the proposed concept plan, staff is of the opinion the proposed zoning is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The concept plan depicts future single family residential uses on the portion of the site proposed to be zoned R-8, which are a principal permitted use in the R-8 district. Unified Development Code (UDC) Table 11-2B-21ists the principal permitted, accessory, conditional, and prohibited uses in the C-C zoning district. The concept plan depicts a proposed church and future office%ommercial and multi family residential on the site. A church as well as office uses are listed as principally Z permitted uses in the C-C district; multi family development is listed as a conditional use. B. Dimensional Standards: Upon annexation, the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC Table 11-2B-3 for the C-C district applies to this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Linder Church of Christ AZ-12-007 PAGE 3 The applicant requests approval to annex a total of 21.82 acres of land with the C-C (17.35 acres) and R-8 (4.46 acres) zoning districts. The property is currently zoned RUT in Ada County. The proposed zoning is consistent with the FLUM designations for this site (see Section VII above). The annexation legal description submitted by the applicant, included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian and within the Area of City Impact boundary. Concept Plan: The concept plan submitted by the applicant (included in Exhibit A.2) depicts a 50,000 square foot church building, which will be constructed with the first phase of development. The concept plan also depicts future office/commercial, multi-family and single-family residential uses to be constructed in future phases. Access: Access to the site is depicted on the concept plan via Ustick Road. There are also two existing (local) stub streets at the east boundary of this site from Jaydan Village Subdivision that the concept plan shows extending into the site. Because access to this site is available via two (2) local streets (W. McMurtrey Street & W. Moonlake Drive), access is required to be taken from the local streets. Access to W. Ustick Road is prohibited unless waived by the City Council, per UDC 11-3A-3A. Water & Sewer Service: This site lies at the edge of the City's sewer service area. Sewer service to develop the entire property will not be available until a new sewer trunk line is installed from the west into this site. The timing for construction of the new trunk line is not known at this time. The Public Works Department has agreed that a private pressure sewer line would be allowed to serve the church building only but further development would not be allowed until the new sewer trunk line is installed. At the time that gravity sewer is available, this site will be required to cease their temporary pump station use and connect to gravity sewer at the developers cost. The developer will also be required to spray line the existing sewer manhole located in W. McMurtrey Street. Landscaping: A 25-foot wide landscape buffer is required along W. Ustick Road in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is required adjacent to the residential uses on C-C zoned property in accord with the standards listed in UDC 11-3B- 9C, per UDC Table 11-2B-3. Internal parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. Hours of Operation: Business hours of operation in the C-C zoning district are limited from 6:00 am to 11 pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. There are existing residences along the east and west boundaries of this site. Staff recommends that hours of operation of businesses along these boundaries be restricted accordingly through a development agreement (DA). Waterways: The Settler's canal runs along the west boundary of this site. Unless improved as a water amenity or linear open space, the canal is required to be piped, or otherwise covered, unless waived by the City Council in accord with UDC 11-3A-6A. Pathway: The Meridian Pathways Master Plan depicts a section of the City's multi-use pathway system running north/south across this site. The concept plan depicts a pathway along the east side of Settler's Canal that runs along the west boundary of the site. The pathway should be located and constructed in accord with the standards contained in the Pathways Master Plan and approved by the Parks and Recreation Department. A public pedestrian easement is required to be submitted to the City, approved by City Council, and recorded. Fencing: Unless improved as a water amenity as part of the development, the canal is required to be fenced with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the canal, in accord with UDC 11-3A-6B. Linder Church of Christ AZ-12-007 PAGE 4 Development Agreement: The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Although a conceptual development plan was submitted, no development is proposed with this application. To ensure the site develops consistent with the Comprehensive Plan and the concept plan, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Based on the analysis above, staff finds annexation of this property with C-C and R-8 zoning with a concept plan is consistent with the Comprehensive Plan and is in the best interest of the City. Therefore, staff recommends approval of the AZ request with a development agreement. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Development Plan (dated: 7/24/12) 3. Conceptual Building Elevations 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 Linder Church of Christ AZ-12-007 PAGE 5 Exhibit A.l: Vicinity Map Exhibit A PAGE 1 Exhibit A.2: Colicept~lal Development Plan (dated: 7/24/12) c ~ ~ -_ L.,.-__.__... ex;nNv ~ ~' RUT ~~ j~ ~ ~; ~ ' a,'rvle a~*>oe- ~ I~~~~ ~ . I \~; ~ _ i ~` "5 rc i~ "•qu ~~` ~ ~ ~" ~~ `! ~~ ~\~ ~~ ~~ ~xisnri' ti h.i f , ~x+s iNc RuT U3TICiC ROAD -- - v - .r. ~~ i n_ _I plL I M tl._ LL_ t , J ,~, --~ F 1 S ~~ 1 b4rrr .y:.~,, ', ~...., a~ ~~„W~ ~ < ~ l.. \ , , ,A,~t ;, L.. ~~ ~ '~ r 1 V `~~~" ~ 1 s~ ~'~-. ~ i ~.._ '•. 1. .`~.a ~ 1- 1 APPLICANT/ CO f1TACT8 y~ r _ >/RO CT LOCATION: pLq NNFR COPlTAC T: ~(~ ,a +arrrr .... .~ . r .. »... ~ OJvNER ~_~, FnEPARER: ' ~~ ^ ~ ~ ~~ ~ w. _u..b ~ ... . y1My BITE 8TAT18TIC.4 KMW C•G 111~YhT6 _., ~4. ' ,, exls'riNC yaa _._.._~ _._ ._ _._.~,we~wis.•r ~P'~"1! ~ RESI!)EN71Al war .rte. _. _,__... ..... _..~~.Gw~ w:b yy1~. ~eawen- ~s wG~e laaw ' ~IIRM M+GP rlrll4`~' 1 M~G11'ItlIVI~ r ,. '.Ua knQ~ ~.~ :~. -~ -~- o--~ ~, .~ .... ;. ~ . ~. Y , . ~ I '~ ~ 4~i. 1 i + ~ ..~ T ~aL LNV~iIM~ nYSC u~ ,Y ~~ ~~,~ II S~ro Exhibit A PAGE 2 3. Conceptual Building Elevations ~~~ ~. ~.,;, ~,. ~,~¢..v „~~~, ._ Exhibit B PAGE 1 Exhibit B: Agency Comments On August 23, 2012, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Republic Services, and Meridian Parks Department. Staff has included all comments and recommended actions below. 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the properly owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. 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 provided via the two (2) local streets that stub at the east boundary of the site (W. McMurtrey Street & W. Moonlake Drive). Direct access to W. Ustick Road is prohibited unless waived by City Council, per UDC 11-3A-3A. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. c. Prior to development of the R-8 zoned portion of the site, the property shall be subdivided. Future lot lines shall follow the zoning boundaries established with the annexation. d. Future development of the site shall substantially comply with the conceptual development plan included in Exhibit A.2. e. A 25-foot wide landscape buffer is required along W. Ustick Road in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 25-foot wide landscape buffer is also required adjacent to residential uses on the property zoned C-C in accord with the standards listed in UDC 11-3B-9C, per UDC Table 11-2B-3. Internal parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. f. Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00 pm when the properly abuts a residential use or district, per UDC 11-2B-3A.4. g. Unless improved as a water amenity or linear open space, Settler's canal is required to be piped or otherwise covered in accord with UDC 11-3A-6A, unless waived by City Council. h. A 10-foot wide multi-use pathway is required to be constructed along the east side of Settler's Canal. The pathway should be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. A public pedestrian easement is required to be submitted to the City, approved by City Council, and recorded. The pathway shall be constructed in its entirety with development of the first abutting property. i. Unless improved as a water amenity as part of the development, Settler's canal is required to be fenced with an open vision fence at least 6-feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the canal, in accord with UDC 11-3A- 6B. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via a temporary pump station that will be owned and maintained by the Linder Church of Christ that will discharge to mains located in W McMurtrey Street. This private station will store and discharge only sanitary sewer accumulated from the church, no other development shall be allowed to discharge to the mains in W McMurtrey Street. Exhibit B PAGE 2 This site is sewer master planned to discharge to the future Can Ada lift station. At the time that gravity sewer is available, this site will be required to cease their temporary pump station use and connect to gravity sewer at the developers cost. The developer will also be required to spray line the existing sewer manhole located in W McMurtrey Street. 2.2 Water service to this site shall be constructed via extension of mains in W Ustick Road, W McMurtrey Street and W Moonlake Drive. The applicant shall be responsible to install a looped water connection from W Moonlake Drive to W McMurtrey Street due to fire flow requirements, along with constructing a 12 inch water main in W Ustick road to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via a plat, but rather dedicated outside the plat process using the City of Meridian's standard forms., a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 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. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2.5 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. 2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.8 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.9 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.10 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two ~. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.11 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for Exhibit B PAGE 3 approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 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. S. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 7.1 The applicant shall design and construct the multi-use pathway consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 7.2 Prior to issuance of the first Certificate of Occupancy on the land abutting Settlers Canal, a public pedestrian easement for the multi-use pathway along Settlers Canal shall be submitted to the City, approved by City Council and recorded. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Exhibit B PAGE 4 C. Legal Description and Exhibit Map " 1 lal Lnd Swnu~ar s 3uly 23, 2012 Annexes Damon Lisddr Chs~ of CLrlet ~.a~aa4n .o0w ts66 E. Troi.b Ct ii~e, fD l~b16 All of Pattixl D as shown oo Record of Sunray No 6326, Ada Camty rocarcis, boated in Govt Lots 2 and 3 of Section 4, T.3N.~2.1 W., B.M., Ada County, Idaho, snore piy de~'bed as follows: BF,GINI~1IAtG at the North ~ ooraer of said Seatlon 4, f~ vvl~ich the Northeast oo~ner of said bears 3onth 89°18'23" East, 2638.2:1 fed; 'IYs~x~e alarm the section line South 89°18'23"Baas, 7><9.26 fob 'Thence departing paid section line South 00®4I'S8" West, 1375.20 Pied to a point on the 3oulkh lme of Lot 2; Tls~ce alcsag said line North 89°24'26" bleat, 22493 feat; Tlsenoe Naarlh 34°09'49" Waat,1398.I4 ~ Tl~enee North 00°41'31" East 228.30 feet po a point on the Nac~ line ~ acid Sa~ian 4; 'ftrence along said lime South 89°18'29" Bast, 234.90 feet to the P~ of Berg. Coatai~mg 21.82 acres, more ~ loss. Written from data of record wifhout benefit of a field survaY by DTP 8tx-~7-itt~. pQVAi- RE~I ~~ BY i MER4Dl,~ ~~tC WOR Exhibit C PAGE 1 N 09'18'29" W S 8~J'18'23" E • X638.23'. ~, ,. ..' • • "2638.52'.. ..... • 32 33 ~' _ • '.~ 1 /4 ''' ~ ~ ~_ g~ 8'Z_3"E 789.26' T.4N.. R.1 W. 33 34 5 4 ~ -- - _,...,. 4 RpQg . W. US71CK RD. T.3N., R.1W. 1849.26' ¢ 3 r- ~ 589'18'29"E . ~i ~ 234.90' ~ ~ N I t ~ 1 1 ~ ~ ` ANNEXA710N AREA: \ 21.SZ ACRES N ~ ~ ~ ~~ ` ~ M ~` r ~ ' ~ yy Oi~~ ~ r t ~~_ G• 1 ~ i y,~ ~ ~ I ,~ - ~ ~ '~~ c ~.~ ~ :r ~ ~ I \, 2s ,OO aDO ` l 0 50 200 SCALE: 1 " = 200' r.--~ ~~ L, ~ ~ .~ ~ REVI PROVAL o~ ~ ~, '~ 4 ~ 31 ~ ~.._.__ '° N89'24'Z6"W AUG t 6~ 2012 N~ ~ ~; ~ ~ a. s 224.93' r~~r~~nl~N PUBLIC -- -_ HI l w-..-e ~ SURVEYING, LLC ~oe.aeo.seas ~`t""~"'°°'OOD1 1506 8. Profieeka CL FOR ANNEXATION DESCRIP110N UNDER CHURCH OF CHRIST ~ BEET N0. PYOf6SS{OTtlij trfilld SU7Ueyor ReRle, ID 83616 LOCATED IN GO T LO 2 AND 3 OF s SECTION 4~ T.3N.. R.IW.. B.M.. •... ......~.. ........ WG. OA C~1d~i.l Exhibit C PAGE 2 H 1 DTP Su~~i~r~rG~ LLB a~,,~i,~asosa~a W~~~ p1Y>fC,S~lQft!!t r,t?tt~ S~t!l~+pf ]5Qfi E: Prohaska Ck. s Eab~e, ID! $36! & July 23 2012 ~eZOIIe ~~` EO ~`~ Linder Church of Christ. A portion of Parcel D as shown on Record o~ Survey No 6326, Ada County records, located in Cxovernrnent Lots 2 and 3 of Seetian 4, T.3N:,R.1 W.,, B.M., Ada: County, Idaho, more particulaxly described as Follows: BEG~1'~NING at the NoTkh 1~< corner of said Secfion ~}, from which the Northeast. comer of said section bears South 89°18'23" East, 2638.23 feet; Thence along. the section line South 89° 18''23„ East,. 789.2E feet; Thex~ee departing said section line. South 00°41'58"West, 1129.93 feet; Thence Natfi3i 34°U~'49" jJVest, 456.98 feet; Thexlce Forth 79°09'49" West, 28.28 feet; Thence South. S5°50':11" West, 305.OU feet; Thence North 34°49'49" west, 8,48.1..4 feet; Thence 1*taith 00°41'31 ".East, 228.3Q feet- to-a paint on the North line of sand. Section 4; Thence along said North line South 89° i.8'~9" Fast, 234.94 feet to the Paint. of Begii~ni~g. Con#airing,17.35 acres, more or less, Written Pram data of record without bezlefit of afield survey by DTP St3rveying, ,, ~~ ~,.f a Q~}g~.tC ~~~ OF t~A ~.~ ~~gtp4A~ ~ ~~gK~ pEP . rFRRY'P~~ Exhibit D PAGE 0 N 89'18'29;' W 5 89'18'23" E _ . 2638:23; . .. , .........2638.52' ... . 32 3 ~ -~13..(3~ i /~_ "' - ~ 'Sg9 `18'x_3"E 789.26' r.4N., R.1 W. 33 34 r .q.- ~ RF~OB `W. US11CK RD. t3N. R;tW. 1849.26` ,~; 3 S89'18'2~"E - . ~o ~i ~ 234.90' i oN O N i * ~ a ~N ~~ !~ ~s1': ~ NEYV GC R£ZONE .AREA:- D~~ 17.35 ACRES 3 ~ ~ ~~~ ~ f . ~~ l o '~ N79`09'49"W dY ~ ~ 2$.28' ~~~ f ti ~~~ 2 JL , f ~ 1fl ~~o, ~ ~ ~ ~~ ~D~"0~ c9~' ~ i ~-` i ~~~;' ' `~ '~~, 2s too 4aa o ~~~++a/~ zgoo ~7 54Q~: t " G~~j r~ \~ I 1.•~'~ j a '~~~~ Q ~ REVt PRC7VA~,. 4431 ~: ~~ ;~ -_ N~ 8-~~Z.,._~a AUC 16 2Q12 9T ~~Y~ .. ~,~RRY~p~~~,~ MERtD1AN FU'8L1C ttit(~RKS ©EPT. EXH161T °B" QESCRIPTION FbR aos No: i ~r 2os.sso.aaas RtJ7 TO CC f~QONE kx ~-.. E ~URVEYINC~. LLC ~ea~m 1.tN0ER t~-Iwi3cH o~ CHRIST slit No. 1:., 1$Ofi E. Prakmel~ (;t. t Professional ~aaed 5`ccrrre~or sac; m saet~ LUCA'fID IN' GOY T LOTS 2 ANO 3 aF ~ SEG714N_ 4: T,3N R~1 W.,~ 8:1~t„ ~~ Di4 Exhibit D PAGE 1 N j ,. D ~ T~7~ 7~ }~ ~-~``~ 208 860:3442 tiv~ ~ .-t 1J 1 ~ V .i~. Y J~1 V L3.~~~.G dtrcugfi n'msn.com Pro, frssnnul l.,ar~d S~tiveyar 15th5 E. Prol~aska GL. s Fag1c,.II} 83b16 7uly 23, 2012 Rezone RUT #c~ K Linder Chwrch of Christ A portion. of Parcel D as shown on Record of Survey N'o 6326, Ads. County records, located in Govexnment Lat 2 of Section 4, T.3N,,R.1 W,.; B.M., Ada. County, Idaho, more particularly ciesc~ribed as fotlav~!s; Commencing at the Noxth % corner of said Sectioia ~, from which theNortheast corner of saki section-bears South ~}°8'23" East, 2638.23 feet; . Ther-cc along the section line South 89°18'23" East, X89.25 feet; Thence: departing said section line South 00°4:1'58" West,.1129.93 feet to the SAT, POIl~I'r 4F BEG~TIYii'~~; Thence continuing South ~0°41'58" west, 245,2'7 feetto apc~inL on the South line• of said. Government: Lot 2; Thence along said line 1~Torth 89'24'26" jXl`est, 224.93 feet; Thence l~torth 34°09'41" West, 550.00 feet; Thence 1~iorth 55°50' 11" .East, 345.OU feet; Thence South 79°.09'49" East, 2.8.2$. Feet; Thence South 34°0g'49'' East, 45G.98 feet to the Point of Begi~uung. Containing 4.46 acres,.more or less. Written tram data at record withoet benefit of a field. survey by DTP Surveying. ~.. ~~~~ ~~~:~ ~~ fi~ ~ ~ ~,t11 ~~ ~pT~G .~ . 4~: ,~~~-7 Q ~~ ~ ~T6QFlt-P~ ~~~v ~ Exhibit D PAGE 2 N ss7a'29^ w ..2638:23'. , .. . . S89'18'23"E ~ • 4 - - . -~-C>-- - - - - - 4 W. USTtCK ~~ ' ~ ~v , ` ~ J L ~~ 25 t04 400 0 50 200 S~Ak.E: 1" = 200' F R~v~ u~~aav~.. pUG S 6 2tl#2 . ~[ ME4~i~1~`~ pU!g44C t1UCaRKS aEpT' ~ 89'9B'23^ E . - 3638.52' ..... .. . - - 789.26:_ _ ~r.ar~:, _R.1w. 33 34 RD. _ T.'3N., R.14V. 1849:26' 4 3 I `I I _ I f i+y Im ~ psi I~ I ~ s~sros'~sHE ~ ~, 2a:~~s' :~ ~o e4r ~, ~ a ~~ ~ N . ~`~~ ,. ~. ~~~ ; .~. :w R-8 R~Zt3NE. AREA: .RPOB t9~~ 4.46 k~RES ~~ ~ ~ ~ - ; ~ `'~ ~~ o •a. o N ©~~ ` N89'24'26"W 224•:93' V ExHlB(T °8^ DESCRtPTlON FOR: ~ Na- t aos.a6o.s~-aa RUT TD R-8 REZONE xx w- .. -x ~UR~TEYINCT, LLC °t~CO`~`~`°"r UNi7ER CHURCH OF cttRls'T MEET -~a isoe~. P,+uhaaka a. Pra, fessiona~'Land sw~ueyor eagle, m saris LOCATED IN Go t fors a au. 3 aF Exhibit D PAGE 3 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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment to C-C and R-8 is generally consistent with the future land use map designations of MU-C and MDR, with a neighborhood center overlay on the MU-C portion. Please see the applicable provisions of the Comprehensive Plan (see section VII above). 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-C and R-8 zoning districts and the subsequent mixed use development, is generally consistent with the purpose statement of the residential and 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. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider 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 (iJDC 11-SB-3.E). Staff finds annexing this property with the C-C and R-8 zoning districts is in the best interest of the City. Staff finds that the nature of future development on this site can be addressed through a development agreement. Exhibit D PAGE 4