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PZ Recs/Staff Report REV 9/17STAFF REPORT HEARING DATE: September 18, 2012 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: CPAM-12-003; AZ-12-003 -Olson & Bush I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN~-- IDAHO The applicant, Ronald W. Van Auker, has applied for an amendment to the comprehensive plan future land use map (CPAM) to change the land use designation on 5.66+/- acres of land from Commercial to Industrial. Annexation and zoning (AZ) of a total of 7.2 acres of land to the C-G (General Retail and Service Commercial) zoning district (1.41 acres) and the I-L (Light Industrial) zoning district (5.78 acres) is also proposed, consistent with the existing and proposed future land use map (FLUM) designations of Commercial and Industrial. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and AZ applications based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on August 16, 2012. At the public hearing, the Commission moved to recommend approval of the subiect CPAM and AZ requests. a. Summary of Commission Public Hearing: i. In favor: Ron Van Auker Jr. ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The timing for the existing home to hook-up to Citv water & sewer service. c. Kev Commission Change(s) to Staff Recommendation: i. The Commission recommends the existing home not be required to hook-up to City water & sewer service until such time as the property re-develops or the system(s) fails (see Exhibit B, Development Agreement provision #1.1.1 a). d: Outstanding Issue(s) for City Council: i. The timing for the existing home to hook-up to City water & sewer service. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM- 12-003 and AZ-12-003 as presented in the staff report for the hearing date of September 18, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-12- Olson & Bush CPAM-12-003; AZ-12-003 PAGE 1 003 and AZ-12-003, as presented during the hearing on September 18, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-12-003 and AZ-12-003 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: The subject property is located at 2950 E. Franklin Road, in the southeast'/4 of Section 8, Township 3 North, Range 1 East. B. Applicant: Ronald W. Van Auker 3084 Lanark Street Meridian, Idaho 83642 C. Owner: Same as applicant D. Representative: Matt Munger, Munger Engineering, Inc. 4090 W. State Street, Ste. 29 Boise, Idaho 83703 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment and annexation & 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: July 30, and August 13, 2012 (Commission); August 27, and September 10, 2012 (Council) C. Radius notices mailed to properties within 300 feet on: July 25, 2012 (Commission); August 23, 2012 (Council) D. Applicant posted notice on site by: August 6, 2012 (Commission); August 30, 2012 (Council) VI. LAND USE A. Existing Land Use(s): There is an existing home on the portion of the site that fronts on Franklin Road; the remainder of site to the north consists of vacant land and outdoor storage from the two industrial lots that front on Lanark Street. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Industrial property in Olson & Bush Subdivision No. 2, zoned I-L South: Franklin Road and rural residential & commercial properties, zoned RUT, Rl, M1, & C2 in Ada County East: Industrial & commercial property owned by the applicant, zoned I-L & C-G Olson & Bush CPAM-12-003; AZ-12-003 PAGE 2 West: Vacant land, zoned R1 in Ada County C. History of Previous Actions: NA D. Utilities: a. Location of sewer: Located in N Olson Ave. b. Location of water: Located in N Olson Ave. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that exist on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: EXISTING: The Future Land Use Map (FLUM) contained in the Comprehensive Plan currently designates the entire site (7.19 acres) as Commercial. See Exhibit A.3. The Commercial designation provides for a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. PROPOSED: The applicant proposes to change the FLUM designation on the northern 5.78 acres of the site from Commercial to Industrial. The designation on the remaining 1.41 acre portion of the site that fronts on Franklin Road is proposed to remain Commercial. See Exhibit A.3. The Industrial designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. The applicant's narrative states that once the site is annexed and zoned, they intend to re-plat the portion of Olson & Bush Subdivision No. 2 that is directly to the north of the site to create longer industrial lots that front on Lanark and extend all the way to the south line of the land proposed to be zoned I-L. The property proposed to be zoned C-G on the corner of Franklin Road & N. Olson Avenue will be included in the plat as a separate lot. (See the concept plan in Exhibit A.2) Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "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 plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service is available to the property. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 3 - The lands are capable of being serviced by the Meridian Fire Department (MFD). - The lands are capable of being 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 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. • "Require landscape street buffers for new development along all entryway corridors." Upon development of the property, a 35 foot wide landscape buffer will be required along E. Franklin Road, an entryway corridor; and a 10 foot wide landscape buffer will be required along N. Olson Avenue, a local street, landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." The subject property is contiguous to the City and urban services can be provided at the time of development. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." There is adequate water supply and water pressure available to the subject property for fire protection. • "Require all commercial and industrial businesses to install and maintain landscaping." With development of the property, all businesses will be required to install landscaping within parking lots in accord with the standards listed in UDC 11-3B-8C Parking Lot Landscaping. Street buffer landscaping is also required per UDC Table 11-2B-3 and 11-2C-3 in accord with the standards listed in UDC 11-3B-7C. If development is adjacent to a residential use, a landscape buffer will be required per UDC Table 11-2B-3 and 11-2C-3 in accord with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. • "Encourage industrial development to locate adjacent to existing industrial uses." The site is adjacent to existing partially developed industrial property to the north. Approval of the subject applications will allow the applicant to incorporate the property into the existing industrial lots to the north in Olson & Bush Subdivision No. 2. • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." There are four existing rural residential properties to the south of the property proposed to be zoned I-L, one of which is also on the west side of the property proposed to be zoned C-G. These properties are currently within Ada County and are designated on the FLUM as Commercial. The UDC (Tables 11-2B-3 & I1-2C-3) requires C-G and I-L zoned properties to provide a 25- foot wide landscape buffer to residential uses landscaped in accord with the standards listed in UDC 11-3B-9C. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 4 In summary, Staff is of the opinion the proposed industrial FLUMdesignation is appropriate for the northern portion of the property and provides a logical juxtaposition of uses in this area. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is commercial and industrial although no specific development is proposed with this application. To promote quality design, future development will be required to comply with the City's design standards contained in the UDC and the guidelines contained in the Meridian Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. No residential uses are proposed with this application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from afarming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for commercial uses. However, Staff is of the opinion the applicant's proposal for industrial uses on the northern portion of the site adjoining existing industrial property and commercial use of the portion of the site fronting on Franklin Road is more appropriate because of the layout of the property and adjacent industrial uses. e. Public Services, Facilities, and Utilities City water and sewer service has been provided to the subject property. Because this property is already within the City limits, public services such as police and fire protection are currently provided to this property. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 5 f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Because no residential uses are proposed, this element is not applicable to this application. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the existing plan for the site is Commercial, Staff is of the opinion the proposed FLUM amendment to Industrial would not negatively impact transportation within the City of Meridian in this area if approved since access to the site is served by Franklin Road, a principal arterial street. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 18 City parks totaling approximately 242 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff is of the opinion the proposed industrial and commercial use of the site is consistent with the proposed future land use designation of Industrial and the existing designation of Commercial. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is .also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights Olson & Bush CPAM-12-003; AZ-12-003 PAGE 6 The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on June 11, 2012 of which one person attended. 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. The purpose of the I-L (Light Industrial) district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of haza4rdous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 and 11-2C-21ists the permitted, accessory, conditional, and prohibited uses in the C-G and I-L zoning districts respectively. No specific uses are proposed at this time. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC Table 11-2C-3 for the I-L zoning district applies to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on 5.66 acres of land from Commercial to Industrial. The applicant proposes to re-plat the portion of Olsen & Bush Subdivision No. 2 that lies to the north of this site to include the subject property creating longer light industrial lots that front on Lanark Street and extend all the way to the south boundary of the proposed Industrial designated area. The portion of the site that fronts on Franklin Road is proposed to remain Commercial (see Exhibit A.2). See Section VII above for more information. ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone a total of 7.2 acres of land with a C-G (General Retail & Service Commercial) zoning district (1.41 acres) and I-L (Light Industrial) zoning district (5.78 acres), consistent with the existing FLUM designation of Commercial and the proposed FLUM designation of Industrial for this site. The legal description submitted with the application (included in Exhibit C) shows the boundaries of the property proposed to be annexed. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 7 The applicant has submitted a conceptual plan included in Exhibit A.2 that depicts how the property is intended to be subdivided in the future. The plan does not depict streets, access points, parking, or location of building(s) as required by UDC 11-SB-3C.3. At this time, the applicant has stated they do not have a development plan for the future lots that will front on Franklin & Olson; the remainder of the property proposed to be zoned I-L is planned to be included in the industrial lots to the north. UDC 11-SB-3D2 and Idaho Code § 65-6711A authorizes the City 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. In this instance, staff is of the opinion a DA is necessary to ensure the property develops in a manner consistent with the UDC, the Comprehensive Plan, and the design guidelines contained in the City of Meridian Design Manual. The development agreement shall be signed by the property owner and returned to the City within two years of the City Council granting annexation. Staff recommends the following provisions be included in the DA: • Within 60 days of the date of the annexation ordinance approval by City Council, the applicant is required to hook up the existing home to City water and sewer service, per MCC 9-1-4A. • Upon redevelopment or a change in use (from residential) of the C-G zoned property on the northwest corner of E. Franklin Road & N. Olson Avenue, direct access to E. Franklin Road is prohibited unless otherwise approved by the City and ACHD, in accord with the standards listed in UDC 11-3A-3 Access to Streets. • Prior to any new use, change in use, or development on the C-G zoned property, the applicant shall modify the development agreement to include a conceptual development plan that depicts streets, access points, parking, or location of building(s) as required by UDC 11-SB-3C.3. • Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. • Prior to any new use, change in use, or development on the site, the applicant shall subdivide the property. Future lot lines shall follow the zoning boundaries established with the annexation. • The existing residential use located on the corner of E. Franklin Road and N. Olson Avenue is considered to be anon-conforming use in the C-G zoning district. As such, the use may continue as long as the use remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4 Nonconforming Use. Staff recommends approval of the subject applications with the DA provisions listed above and in Exhibit A. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan 3. Adopted & Proposed Future Land Use Map B. Agency Comments/Conditions of Approval 1. Planning Department Olson & Bush CPAM-12-003; AZ-12-003 PAGE 8 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 for Proposed Annexation & Zoning D. Required Findings from Unified Development Code Olson & Bush CPAM-12-003; AZ-12-003 PAGE 9 Exhibit A.1: Vicinity Map .~ ~ , ~. ~ ~; J .n ~, ~, ~~, d ~~~- - -- ~ , _ __ ESps[ngwood Drive ~ '' 3.'', ~ c ' __ i o: gy ~ " %'~ ~~ ~~~91" o, ~/ -- 1~1~ ~ _ - -- ~~ ~ _ _ - ___ , i c .., _LE~~;' --- ! z ~~ ', ~ m a 0 ~ `a] __ v D ____i m I W ~ fD z ~~ ~~ c I / ro -----L--- - - ~ , Olson & Bush CPAM-12-003; AZ-12-003 PAGE 10 Exhibit A.2: Concept Plan UN/ON •AC/ilC RAILROAD i j I I ~ 1 •. I I I I ~ I 1 I I / EvAlus pbiPl -------------- 1 I 11 1 I ; r, 11 ~~ I I 1 ':~ (9: (!~ I I 1 1 BLOCK I O I ly V j OLSON kj ~USH SUBDIVISION R 2 } i 1 _ I 1 } I ~1 ' ~ I 1 ~ G Q 1 ~ i I I _ ~i'__ . - -_..f .1 I N I •~ -t~..~ ~ _ T I T I ~•'-~ I ~ t OLSON BUSH SUB VISION sll 2 ~Z' I I 1 /-L >~'l/T I 1 I i 1 I BLOC 3 1 I 1 I II s ~ O ~ ® O III I ~ ~ BLOCK 1 Is, I1, ' -- I- ~_ --__ I ~` y PRELIMffIfARY CONCEPT PLAN VANAUKER ANNEXATION AND ZONE LOCATED !N THE SE 1!4 OFSECTI~YR, T.3N., R. fE, B.AL, ADA COUNTY, WAHO 2012 OLSON k BUSH l~) INDUSTRIAL PARK --~~- /-L •Iti Q ~ oLSON ~ eusH 1 INDUSTRIAL PARK ~, I' -----' i ------- UNPLATTED -''----__~- ~ ~ ~?l/T ~ CG t I O .1 + ___ ___ ___R. FRANKCIM RA ® lE®E]1G IONO mlMS w YalllILIT ~--~--~--.~ IlmlOlTr MLrOMY YIIC ~ fOND Nr 111M M PV ]Ca) ~ .... lCnOM 1111[ ssr In'•z+• emx rill .nll ar«arr for wlc VusTm w. ns dcs •---'------•-'--------- uscuar a worm ® ai an',sa~ •aw rw wnl Oj P441C w. Rs .M1 runac im wusss 0 (µNLAIm ronT (>OSTNO I~WT-a•IMY UII[ RNIIIII[ ~ ~ rwarortn 70NIN Ra06 sera IWT a Kwwlr.. /-L an.w Sarw :»rurl mwsar aior+i a scam !i': asmw sm «wa a /-L W I- R z ~~ ~. C-C ~ '~ '~, ~ ~`. I• x iCAUi: 1' ~ 10 Olson & Bush CPAM-12-003; AZ-12-003 PAGE 11 3. Adopted & Proposed Future Land Use Map Olson & Bush CPAM-12-003; AL-12-003 PAGE 12 B. Agency Comments On June 11, 2011, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department and Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 ANNEXATION & ZONING 1.1.1 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 property 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: tr.--~-zcmrr-vv-tray.r»rcriv-acccv-a~rcczc-cmicvarucronvv~upp~T^vi=cs: vT .~ >.,»::.,.., ....., ~,~rr~T The applicant shall not be required to hook-up the existing home to City water & sewer service until such time as the property redevelops or the system(s) fail. b. Upon redevelopment or a change in use (from residential) of the C-G zoned property on the northwest corner of E. Franklin Road & N. Olson Avenue, direct access to E. Franklin Road is prohibited unless otherwise approved by the City and ACRD, in accord with the standards listed in UDC 11-3A-3 Access to Streets. c. Prior to any new use, change in use, or development on the C-G zoned subject property, the applicant shall modify the development agreement to include a conceptual development plan that depicts streets, access points, parking, or location of building(s) as required by UDC 11-SB-3C.3. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. e. Prior to any new use, change in use, or development on the site, the applicant shall subdivide the property. Future lot lines shall follow the zoning boundaries established with the annexation. f. The existing residential use located on the northwest corner of E. Franklin Road and N. Olson Avenue is considered to be anon-conforming use in the C-G zoning district. As such, the use may continue as long as the use remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11-1B-4 Nonconforming Use. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is located in N Olson Ave. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 13 2.2 Water service to this site is located in N Olson Ave. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 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. 2.9 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments on this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Departments has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval: This application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 7.1.1 Construct a 5-foot wide concrete sidewalk abutting the site along Olson Avenue abutting the site. If the sidewalk is detached and located outside of the existing right-of--way, then a permanent right-of--way should be provided. 7.1.2 Close the existing 40-foot driveway onto Franklin Road and replace with vertical curb, gutter, and 5-foot wide attached sidewalk to match existing conditions. 7.1.3 District staff will review any proposed driveways onto Olson Avenue with future development applications. The applicant shall be required to meet all District policies in effect at the time. 7.1.4 Direct lot access to Franklin Road is prohibited. 7.1.5 Payment of impacts are due prior to issuance of a building permit. 7.1.6 Comply with all Standard Conditions of Approval. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 14 7.2 Standard Conditions of Approval: 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 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 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACfID conduits (spare or filled) are compromised during any phase of construction. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 15 C. Legal Description and Exhibit Map for Proposed Annexation & Zoning lard st~rv~er~y, ~~c 3i5 ~ i~arakin Dei+re, Baibe. Jd~Pxsl~'Jib xO1~.T94.66?.~ Tele. 2t7iS.d2:6.~'t9 Fax r.~. ~~~ Juwc S, Beata Revised GI19l12 ~.'~fV'. VA1Y h~UKER AtV]~J~ATii?N FARCBI. LYIhI~G S~4U'CH QF Oi>~Oir1 A1Via 8t1-SH Sl)B. AiO~ 2 lid Teak! inraa~red to dre ~ if4 ct`~at3aer $~, 7'.3N., R.IE., B.]Vig Ads ~, ldeiea-, snd befog mcsle perticvl~ly #:bect ~ Pulkrws: Cca~rardt~ aat dre Suuihea~ corner of said 3ecti+on 8* frQw which the Soveh i14 anr>~ar ofeeid won bsa~ i+l ll9"~'40" W~?.~7i.ta2 fem. ihenae N SS~10'S4"44i" ~- akyrtg lire Sawn of laic! ~ 8 ned tf~e ven~line of Frsektin ixd.. foe a diaeaaac of 871.18 fed tie the RIeA41'OIi~1T iliM` BEG1Ni~llltit#; tl au~rct3ng said baulk ~uad~ry end cs~taiine N 84'°S4'44P' W far a dl Qt29~Si.l~ theoc~s leaves said bo~dary +ead c+c+rDariitrc N 4~'0t3'3d" W fdr a diaiurree of 4ea.QQ fe+dt #a M 1 aet ei3c I+Ia~.t6 r~ghw+af-~w~ry litre of Franidin ~Caad; ilrence craving seed ~-a!'»wey Iftrr N #i°13'3Q' hilt far s ~c t~f ~~..57 ket ~fiorYaerly de~Yi`b~ecl 89 ~'~@Jrs'~"~`~ ,~li.~'* l~ ~ 89°S8'iiS" ~V for a dia~cx~ aJ'31f0,06 flee ~(faat~ly dcacd~ad S119iD2~'1~""W, 3011.iQ"~ ~ C)a°g8"2T" W fCU a di~rrrac of l2«02 fect (~'ormeriy dei~aibcxl ne 8AQ° l3'47"E, 12.13''}; tl>e<rce N 7i`2~* W fear a di~e~ce of 24.91 fret {n~ari7r de~ribed as ilMeucac N 85'10' i ~ far a d%eeancx of l l b,30 fc~.t (fwmctly deacr~ed ss +tyl+a~~[/e1N ?~l°l6'4tl"'1iW for s. distaa~ce. of3~,5+4 f+oe1 (fort~ly dtac~ribad ~w N74°S4'00"'W. e7J.J'Fe~/! Olson & Bush CPAM-12-003; AZ-12-003 PAGE 16 ~ N 2'9°21'SS"@V' fear n di~rartce oaf 35.29 few ~fa~aerip de~acx~a~c1 a~ N31'r°I32'00'"W. ~s.2~~ tea N OS~'+19'32"VV' Sor a dia~rrce of r3'O.SS feet (for~tly daaoribed as NOb°l S'"Ws 150.76') io a ~!S Inch iron pia rnerkla8 the 8oadaw+mt corucr of Qlson and ~asri ~ Nn., 2~ the S 88°2.S'02" E ala~g; t~ boundary of t]laan ~prd Su6r~vi~ian . 2, fc~ ~ dist~xce Qf r014.~Si !`iecr (fo~morly dicaa~ as 5i~U3' 19"6,1014.x5') ~ ~ Sint comer of said sulxtly ppy~~~ rr ~}~nyg~ ,s~e~ipc~~j~uth~~bctxrnd~ry S tM0~4'~4" W fvr a diataace a~f520.18 meat to the: J~M'#!i ~TVii141. SfP ll~~CAl'1t ca~ntainiag 7.~? acres ~' tit . 1'rrpse~+d by: Todd R. aibe r'.,L~S. ~6VC i~Rt~V'~- BY ~~~~~ M6Rttl1 FU[~.IC W~C~aKS ~j6p~T. .~. Z~ol~aT ~4#811~et~M1E~ITSw4lS0neeF.SvG.da~a. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 17 I~n~ s~rv+~yrln~, !Ic ~O8k7"5~~6~673 Tel. 3C>~.d26~i'1'9 Fqx PN. 2~4$ lkw~ 6, 20f 2 Rsvfsed bJ1X1 ~ R. W, VAN AUKI£R ~Nfi lI. FA>R~I., LYING BQUTH Q~' QLl~QI~t A1rib »'1lS~H ~t1B. f~t0.2 A pared of fend la~tead is ~ ~ 1~4 of 8, '1'°.3?a. f~.f fE.,, H.f~i., Ads Ccntnty. ldab,o, ~! aein8 ~Y deea^~ed as Solkwvs: Cvnuaeaiciog at tlye Sawsthestant corner ot°eafd Seckaam ~, from vyl~ich t1~ ~aatb f!4 conrar of awl ~n f ~ ll9°54'4Q'" w, ~i7i.Q~ thence N 8S1"54'4Q"' W da~ng dre South baaulACy af`ss~d 8octian g and tfxs cente~lir~a oC i'~rani~ It,d.r $a~ ~ distance of 87l.lfl fit; tlratice Ong along aafd Sastla bcxurduy and cattsrlfaa?J 89°~!'~Q"' W for • diatanca of 299.f19 fast; tl>~ct 1caWe~ raid bo~ualaty and ce~erfirue f!1 UOR13'3tY" W far a of 4Q.4U f+aot ev a pain! oar firs hTaeti~ right-ai-wxy !lam of fnmi~lln Road; tiraaaa lear+r#ng said ~f-wrwy lira 1~ Otl°i 3'3Q" W ~r s di~we of If~S.+UO f+xt (famaaly drocrlbud as NO(r°3Y06"iii~ ~ the: REAL POIN'lr ~J~ O~tN1~N[NC; frf di°l3'34" w fnr a diaae of1sS.57 ii<yet (farnr~ly dea~l>e~d aes tf~nco N #9°Sfi'tMS"" w for a diatarres~ of 3~9.Q6 fan (formerly dual as tl~enc~e S +D~O'°~S'2?" W for a d' aP 12.t1Z f~ (ftrrraatly dr~ca e~tl as ~10~°'13"4'T"~?, l2, f $'~; tf1ClfGt N ~°`" ~' far ~ t~Stta[bCC ~:~~,~ I feat (fot~exly da-caibed RS eh~cx lY g~° f C!" 19"W :far a di#Ge of I f q.34 fiat (foranerly described as Nte9°fd'tMf'"11P,11U.3Q'~ .'. 2;'Il-~ijecc~l[~I,Spavl S7 2#~itD1~fJMEN'r51ft1~onrz2Ci6SC.,dbcnn Olson & Bush CPAM-12-003; AZ-12-003 PAGE 18 thanoe N 71•tb`AQ"W far a distanc~a o13334 feet (fanoesiy deserilaed ss N7'4•S~'00"W, 33,34'x, ihes~ce I+t 29'°Z 1'S5"W >~ a distaaca of 33.29 beet (6aamcrly desnrlbed rr N30°UQ'00"W, 35.29'3; ttraraae N US°47'32"Vif Bor a diahnne of 150.55 fast (formerly desaibdd 1106°l5'Z3"W, l S0,7b'j ~ a 5/8 ~oCh pip among 8re Sout>~reat caraer OfOlaos aMl $ttsh ~ubdlvisitx~ NO. Z~ thence .~ ~$°~$'~" ~ eloltg ti-e SOWN llOtmdpcll Of t7ls0a ~ 130 1~abdiYisioe 10. Z. frx a diataoce of 1014,99 feat (faema~ly domed as Sa9°OQ`f 9"1?,1di4.85'j to the 6outlisart ct~rner oC said saddivision; therax l~rring said Sautb bouadaey 3 00044'21` W for a dune of 3l i.18 fear; d~enat N89•S4'~10"Vlr foe a distvMx ol306.96 &et to the RAr4i. PUiIVT' f]iF 131~Cil1VNINCi, oonlaa~ng 5.78 aaer of band, mae or ksa. byr Todd i't,. V--aioe P,L.S. R~1 ~ ~~ ~~~ ~~ M~~~~ ~ep~"i'.C -a. 2:4f~detiUE.Sb~N S7' 71;65[30~CU1Wi?t1'S'UOlaairx2t)65G~acm Olson & Bush CPAM-12-003; AZ-12-003 PAGE 19 ..... ~nc# sunn'i~g, ~Ic 2C~.T94.G6Z'i Tak. ~'t7fi.~.2d.~t9' Fax P.hl. 2x148 R. VY. VAl~i AlJLiB,~t ?AID GAG PARCE4 iana E, 2012 R,eviaed 6I14lt2 A tercel of laced laud is ~ 5~at8~ l J4 of 3eotinn 8, T.3N., R 1 E., B.M., Ads Y, Itlata, > paartia~rfa- deern"bed ~ fnllnwa: C.oaam~cing at rlrc s~"anid s~l-ion s, limn wlulch +laz ~ ll4 cca~xdr of~tid 9octi~ bears N $9°?4'gQr' iX, 2S7t.Q~ tact,. x s~s4~~op w ~ the sank berry ofaaicl s«~ii~ a and c~aa~linc of F~anktin ~d-. foc a +tmrae oY 8? i. f a# tcc~ >~a 't'om R~AI.1't?Y9MT OF BLGINlrTING; a~baag ~d Saull~ boa~dary sad cI~c N 89°S4'+ttt" VIA Tiara clistsaae of 299.E fit: tlwCn~ leavia~g aabl ' and ceabettinr N X04'! 3'~ir° liY' tttr a diatanee x!'+111.00 6oet to ^ pdai art the N+~Ih right-~l'~vax limn xtFranBclin Road; ti~euaK+d keying aaia ri~af-way tiae N 00°13'31p` VY f~ +~ dist~+ioa Qf I dS.04 Feat f~ dascrt'firecl a~ lV~bi°Sx'Odr"'V4~ tl+~c3c 3 $9°54'4Q`B fvr a dklAact xt3Q0.96 lbet; tben~ce S 011°114kZ4"'pv tar a t of 2113.0Q f+xt to thQ I~AI. ~'+C1pVT OF (li~iNlNti, ! .+~! ass xf 1ond, cntms ar lca~, 1'ra~ceal bar: Todd R. W'aaitc 1'i."-S. ~~ ~ ~Y ^~U~2Q #1l~Fti~31At'~i n~aTIC ~~~~~ .~. ~'4i'%~aeCit+,t}I.SC.i~t ~'[' 2d4~lOGU~+IEIVT'S4D#aaniz4 DFSC.doc Olson & Bush CPAM-12-003; AZ-12-003 PAGE 20 4 + I < <~~ ( d3 :g~ tip.. ,.ri OLSOM ! ®USH ' Sd0.:A'f ~ 1NpUSTRIALPARif ` pLSpN t !VS ~ SUSpf VfS pN ~ f U 1 .. ~J-,.-_.-. '~ E LANARK S f. • ~ ~_ r ~ ~ - ---. .._._ ? 1 1 .s„ tier t;_, Ir5 . _..~. J y, ~fi ,f.-~ J Db D U S T R I A L /,A R K r 1` 1 f I -_.._.__ _..._.... i~r~ ~~ ~~~~~ 1 ~ ~ I +yat+. utr 1 /-L `` . ~ A ~~ 0 PLAt ro o'~- CC : ~ ~ ~; ,_ . i ~.._~a_,..~ „,,..,„.. L FRANKLIN Ra Nr 'sYr Nr N O ~ ~~. ~; 'W'AITS LAND STJRVSYING~, LLL.~ 315 E DANSl~t DRIVE- BOISE, gAHO -83718 PHONE: 7>a4-6822 FAX: 42d-8319 Olson & Bush CPAM-12-003; AZ-12-003 PAGE 21 D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote as detailed in Sections VII and IX above. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for industrial use on the northern portion of this property is consistent with the abutting industrial uses to the north of this site. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment to Industrial for the northern portion of this site is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment is compatible with existing industrial uses the north and will be compatible with future commercial uses to the east and west. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services have already been installed on this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed industrial development of a portion of this property resulting from the proposed map amendment will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 22 2. 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 Commission finds the proposed annexation and zoning to the C-G and I-L zoning district is consistent with the existing FLUM designation of Commercial and proposed designation of Industrial for this site. See Section VII above for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G and I-L zoning districts and uses allowed in each of those districts is consistent with the purpose statement of the commercial district in that it provides for the retail and service needs of the community; and the purpose statement of the industrial district in that it provides for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, the Commission recommends 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, The Commission 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). For the reasons stated in this report, the Commission finds the proposed annexation and zoning is in the best interest of the City.