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Olson & Bush AZ 12-003ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 38 BOISE IDAHO 06!26113 12:47 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF I~I IIIIIIIIIIIIIIIIIII'llllllllll IIII Meridian City 11 ~~071 zS'~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald W. Van Auker, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~~h day of J y -'~G 2013, by and the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, hereinafter called "City" whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and Ronald W. Van Auker, whose address is 3084 Lanark Street, Meridian, ID 83642, hereinafter called "Owner/Developer". 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of annexation and re- zoning that the Owner/Developer made a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and have requested a designation of C-G (General Retail and Service Commercial District) and I-L (Light Industrial District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning 8z Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-OLSON & BUSH (AZ 12-003) PAGE 1 OF 8 1.6 EREAS, record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 HE AS, City Council, the 2"d day of October, 2012, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit "B ", which are attached hereto and by this reference incorporated herein as if set fol-th in full, hereinafter referred to as (the Findings); and 1.8 E AS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 1®TE E'VEI'ER deem it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 E AS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the. City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on Aprill9, 2011, Resolution No. I1-784, and the Zoning and Development Ordinances codified in Mel7dian Unified Development Code, Title 11. 1V~0`W, T EOI2., in consideration of the covenants and conditions set forth herein, the paY-ties agree as follows: 2. Il~tC ORATIOl~t OF RECITALS: That the above Recitals are contractual and binding and are incorporated herein as if set forth in full. 3. ITSES 1'E TTE BY THIS AG E l\TT: 3.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 3.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement, DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-003) PAGE 2 OF 8 4. C N ITINS G NG DYELP ENT' F I'I~PE T: 4.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. 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. Fxanlclin 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-3 C.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. 5. Cli~Il'LIANCE PE D/CN~ENT T' Z® :This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owners and/or Developers or Owner/Developer' heirs, successors, assigns, to comply with Section 4 entitled "Conditions Governing Development of Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code§ 67-6509, or any subsequent amendments or recodificationstheyeof. 6. DEFAULT/CNSE T E-AN TIN VEIZSAL F Z G E~INATI®N: 6.1 .A,cts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 6.2 Notice and Cure Period. In the event of Owner/Developer' default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct DEVELOPMENT AGREEMENT- OLSON & BUSH (AZ 12-003) PAGE 3 OF 8 the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180} days; provided, however, that in the case of any such default that cannot with reasonable diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure shall be extended for such peY~iod as necessary to complete the curing of the same with reasonable diligence and continuity. 6.3 Remedies, In the event of default by Owner/Developer that is not cured after notice as described in Section 6.2, Owners/Developers shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owners/Developers reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court iri Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 6,4 Delay.. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 6.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 7~ YNSI'~CTI®l~I: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 8' Uy DENT ~''R C AT'IOlV~o City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners/Developers' cost, and submit proof of such recording to Owner/Developer, pi7or to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-003) PAGE 4 OF 8 Property by the City Council If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City, at City's cost, shall execute and record an appropriate instrument of release of this Agreement. 9. Z NG: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. STJ TY ®F PE IZI CE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, with respect to improvements required by the City. 11. CEI~TIFICA.T ®F f)CCPANCY: Unless otherwise agreed by the City in writing, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. AB E BY ALL CITY t~NCES: That Owner/Developer agrees to abide by all City ordinances. 13. 1®I®TCS e Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows; CITY: City Cler1~ City of Meridian 3 3 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attox~ey City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 OVVNER/DEVELOPER Ronald Van Auker 3084 Lanark Street Meridian, ID 83642 13.1 A party shall have the right to change its address by delivel7ng to the other party a written notification thereof in accordance with the requirements of this section. 14. AT EY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the pa~~ties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-003) PAGE 5 OF 8 15. T I OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BI G UPON SITCCESSIaS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the OwnerlDeveloper of the Property, each subsequent owner and any other person acquiring an interest in the Property, Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 17. VALI I' ®VII®N: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof sha11 not affect any of the other provisions contained herein. 18. FINAL, A ElVIE1~1T: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or wl7tten, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 18,1 No condition governing the uses and/or conditions governing re-zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the tune of the proposed amendment. 19. EFFECTIVE DATE F AGREEENT® This Agreement shall be effective on the date the Meridian City Council sha11 adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. ' DEVELOPMENT AGREEMENT - OLSON & BUSH (AZ 12-003) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CTEST: n u~~ ~By: I~ ~~ ~~--~- Mayor s.,ri,w,<, ao «Too..~ ;~~~ ~ ''~~~~c;cy of Ja ~p~IDAHO l'F, SS:.L1L y a YT~9 ~<<he TAF ~S~Q~y? DEVELOPMENT AGREEMENT-OLSON & BUSH (AZ 12-003) City Clerk PAGE 7 OF 8 STATE OF IDAHO, ) ss County of Ada ) { ~ t~~V~ On this I ~' ' °' day of _. ~,l~~.ri/~~- , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the person who executed the agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~•••~Ol 30 ~`~b ~•' O '. 7115 n d ~•s (SEAL) ~ ,.. _ ~~V.LDa ~• ~• 3_~. STATE OF IDAHO County of Ada ss Notate Public for Idaho ~'" ~~ RosYding at: i'`~ ~...~~" Commission expires: ~' _~ On this o~ ~ day of ~~ U ~ P , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •51CA Jd~••, • 5 - T A .~ .~.Cy,~O $,~, .~~ . - ,, • (SEAL) . ~ ~ • ~ ~ • •~,q~E OF~~Pi N tart' Public for daho siding at: Commission expires: _ ~] a ,,,~ ~~ ~.~ j DEVELOPMENT AGREEMENT- OLSON & BUSH (AZ 12-003) PAGE 8 OF 8 xhii s~ ~ ~ 3 ~ r ; , ,~-° ~~~ 1 ~ ~~ ,_ ~ _~' -, i ~ ~ 1) 1 ~ ~ - ~ ifs x._66 `I"~i~, t,~-2~~~~1~ ~~~ Olson & Bush Development Agreement (AZ-12-003) CITY OF E IAN F INGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~i O ER ~~EI~IDIA j In the 1Vlatter of the Request for an Amendment to the Comprehensive Plan Future Land Ilse 1VIap to Change the Land Use Designation an 5.66 Acres of Land from Commercial to Industrial; and Annexation ~ Zoning of 9..41 Acres of Land to the C-G Zoning District and 5.7$ Acres of Land to the I X., Zoning District for Olson ~4z Bush, Located at 2950 E. Franklin Road, by Ronald . Vr~n Acker. Case I~1o(s). CFA 12-003; AZ-12-003 1+'or the City Council Hearing Date of: September 1$, 2012 (Findings an October 2, 2012} A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report fox the hearing date of September 18, 2012, incorporated by reference} $. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof..The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPAM-12-003; AZ-12-003 -1- _~ __ __. __ __ _ _-J 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 18, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the Comprehensive Plan future land use map is hereby approved per the attached staff report for the hearing date of September 18, 2012, attached as Exhibit A. 2. The applicant's request for annexation and zoning of 1.41 acres of land to the C-G zoning district and 5.78 acres of Land to the Z-L zoning district is approved with the requirement of a development agreement per the attached staff report far the hearing date of September 18, 2012. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement .Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (I1DC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2} year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerlc not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that Phis is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real properly which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached; Staff Report far the hearing date of September 18, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}, CPAM-12-003; AZ-12-003 _2_ By action of the City Council at its regular meeting held on the day of , 2012. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Jaycee VOTED ~''~ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B ~ Dated: ~ l7 ~ 3 ~c~l ~.. Ci Cle ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CPAM-12-003; AZ-12-003 -3- E IBI'I' A STAFF REPORT HEARING DATE: September 18, 2012 TO: Mayor & City Council FROM: Sonya'VVatters, Associate City Planner 208-884-5533 SUBJECT: CPAM-12-003; AZ-12-003 -- Olson & Bush I. SUNICMARX ESC TION ®F PI.ICANT'S t~UES'I' ~E IDR IAN ~J 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. STJI RX RECO E ATION 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 hearingg the Commission moved to recommend approval of the subiect CP,E~M and AZ requests. a. Summary of Commission Public wearing: i. In favor: Ron Van Auker Jr. ii. 1tn opposition: None iii. Commenting• None iv. 'Written testimony: Brad Miller _ v. Staff presenting aunlication: Sonya `Natters vi. Other staff commenting on apulication: None b. I~ey Issue(s) of Discussion by Commission: i. The timing for the existing home to hook up to City water ~ sewer service. c. Key Commission Change(s) to Staff Recommendation: i. The Commission recommends the existing home not be required to hook-unto City water & sewer service until such time as the property re-develops or the system(s) fails (see Exhibit B, .DeyeloUment Aereement provision #l.l.la). d. Outstandin Issue(s) for City Council: i. The timing for the existin h~ ome to hoofup to City water ~& sewer service. ~ A>n savor: tsraa vll lller iii In opposition: None Commenting: None lY. Written testimony: None Olson & Bush CPAM-12-003; AZ-I2-003 PAGE 1 lE SIT A Y: Staff nresenNn~ application: Sonva Wafters yi, Qt r ~~commenti~~ on mlication: lone ,~ ex..~ssues o Discussion ~ySOuncil: Is l~Tone ~ KetiCouncil Changes fo Commission Recommendation ~ ~~ .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- 003 and AZ-12-003, as presented during the hearing on September 1$, 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 speck reason(s) for continuance.) IV. APPLICATIOleT AI\tI) PROPERTY I+'AC'I'S A. Site Address/Location: The subject property is located at 2950 E, Franklin Road, in the southeast 1/a of Section 8, Township 3 North, Range 1 East. B. Applicant: Ronald ~N. 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. '6T. PI20CESS 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 S. 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, Olson & Bush CPAM-12-003; AZ-12-003 PAGE 2 ~ ~ A 2012 (Council) D, Applicant posted notice an site by: August 6, 2012 (Commission); August 30, 2012 (Council) VI. L iTSE A. Existing Land Uses}; 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, Ml, & C2 in Ada County East; Industrial & commercial property owned by the applicant, zoned I~L & C-G 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. C®MPREHENSl[VE PLAN/AI~t PSIS 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 ExhibitA.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 ofthe 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 Olson & Bush CPAM-12003; AZ-12-003 PAGE 3 E IB~T A. 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 Iot. (See the conceptplan in ExhibitA.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 bnpact, 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, - 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 (ACRD). 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. 11lunicipal, fee-supported, services will be provided by the Meridian Building Department, the 1lleridian 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 3S foot wide landscape buffer will be required along E. Franklin Road, an entryway corridor; and a 1 D 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 11-38-$C 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 I1-3B-7C. If development is adjacent to a residential use, a Olson & Bush CPAM-12-003; AZ-12-003 PAGE ~ )E ~YT 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 adj acent 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 cP~ Bush Subdivision No, 2. "R.equire screening and landscape buffers on all development requests that are more intense than adj acent 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 coned C-G. These properties are currently within Ada County and are designated on the FLUM as Commercial. The UDC (Tables I1-2B-3 & 11-2C-3) requires C G and I-L zoned properties to provide a 25- foot wide landscape bu, ffer to residential uses landscaped in accord with the standards listed in UDC 11-3B-9C. In summary, Staff is of the opinion the proposed industrial FLUMdesignation is appropriate for the northern portion of !~~ie 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 b7-6508, 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 LTDC 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 Olson & Bush CPAM-l2-003; AZ-12-003 PAGE 5 ~IIIT A 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. 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 2d2 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. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 6 E~ I I'T ,A. 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 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. U1~IFIE DEVIL®P1Vy~NT C®I)E 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 (EJDC) 11-2B-2 and 11-2C-21ists the permitted, accessory, conditional, and prohibited uses in the C-G and 1-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. AIiTAYSIS 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. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 7 E SIT .~ The applicant plans 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 be Commercial (see Exhibit A.2). See Sectdon 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. 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 11-5B-3D2 and Idaho Code § 65-671 lA 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 Raad is prohibited unless otherwise approved by the City and ACRD, 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 11-5B-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 Iot 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. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 8 JCi 1T A 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 2. Public Works Department 3, Fire Department 4. Police Department ' 5, Sanitary Service Company 6. Ada County Highway Dist~~ict 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 __ _ - ~ ~~~~ L~. exhibit .A...1: Vicinity Map ~ ~~ E Commercial Street ~_.__...._ E-Gom erci~i_Stre t._.__ .... _...-..---__... - .. .. _. . ti _ ...__ .._ _ ... ~~ '~ .. ; .._. ._._~ \ .'~ I,_,.., ._.... .~ _._ I ~ - ~ - - i .. ~SU inn. aod.~riv --~ i I Ji "~-• -•~-Com#t~erci I..COUtt~_~._~ Olson & Bush GPAM-I2-003; AZ-12-003 PAGE ~ 0 E SIT' A Exhibit .c~.2: Concept Plan 1 ~ O O ~ {~ 1 I 1 ( 1 ~ BL ~Ck r 1~ `` ~ (' V p '1`` ` ~1+ /IVl ~ ~_ 1 ~` ...rev ~_- U N P L A T T E D -~ -- -~ ~~ ( J R ~1 ~ , ,~~T ~ cc ~ ~ , c-c .` ,, ,~ ~h----- --- --_H rR,tax rN Ra 1 _ .~~ u .,..~ z i - _.._..:.._-- -_-~.__,_. __ O i j is3 ~=1 (a} l OLSdN BUSH SUB VISION f~ z (?j (~ ~ /-~ OL50N 8c BUSH rPl/T ~ 1 i / L ~ l ~~ '~ © ( INDVSTRIAL PARk Q /~CPR~LrMrnraRCrcowcE)Prr~anr /~1l~ °"""' -'~ f UNION PAClfIC RAItROgn ~" UI~GANNG Tf® D~ VIV N 1 I LDCA~D IN 1~£SE f/40~'6EGIJON~ 1;3M., R.fL, Q,M., ~ i { i ~~ i4D~ G`OUNTY, lD~HO .~_______________ r 1 / ¢vuvscRa~o 2012 l i i i _____..___ 7 1 1 ~ I 1 OLSON do BUSH ~~ f ; r:~ (d) J INDUSTRIAL PARK 1 fDLOCX ! ~~~ 1~ I j OL50N Bcj ~USH SUBDIVISION ~+ 2 b. r 1 ! ~ f '~ .1 ..1 SCAIL 1° ®10 t~ TCWD aRA/t CAP pOHt~T -.~.__~_-~.._...-~. M~1]Y AAY LYtt TONG 6/1' MIR1 fR0 (YLa 3111) . r _ .~~ RCTdi UK [[T 1/[S31' RQI /W YM tWQYt IOT WtC MASTIC CAR h! /1au _,,._.v ............... fAh1QNT At 1btTa 3[f !/c'i1C RM Ni WM MA1fIC C+P~ M[ U91 O TURl4[ l0r NNNA ClLXIIA72a Fptl17 [M1e+0 kLtR-W.KAT tri[ ~6AYGP1[ /-L Mia9A01g4tl REl1 -RHi OF p[Ofagia ~ ~ [+MNa;a+Na ranulY sxan, a scow CM7IU111 [Oi 1AAAgtJt d evoe pom old ~} Olson & Bush CPAM-12-003; AZ-12-003 PAGE 11 -_ E BI'T A 3. Adopted & Proposed Future Land Use Map - ------f opte Land ses - __ __. r_~,_ ___ ~~ I~ -! ~ ~~I u -- =' ^~ -,- - - ~ ,1 Olson & Bush CPAM-12-003; AZ-12.003 PAGE I2 EX]EII~IT .A. Exhibit A.1: Vicinity Map -B• Gom ~e~c-i~l •S#re~t----~ Olson & Bush CPAM-l2-003; A7-12-003 -...--_.__.!E..Comtu ecCI~1..Gnut~-~ ~' B~` A Exh.abit A.2t Concept Plan PREUM/NA~IYCONCEPTPUW ~~~~~~~~~~~~~~®1Y/"1IYQ®IY i UNION PACIFIC RAILROAD I '~ LOCA7~'D 1N THE SS l/4 OFSECT/ON 8, T.3N., R.l~, BtM.r ~ i i i ~'.~ ADA C:OL/N7Y,1DAH0 :..~.....~_._.-_...____...---+~ly EVANSDRAAI 2012 ~ I ---- 1 I ~ i k i l1 ~ i (~ ~'v'1 ;e~ OL50N 8e BUSH ~ INDUSTR1Al. PARK ~ 1 ~ 1 BIOCX J O l ~ ~ 1y ` i OLSON ~C) ~USH SUBDIVISION ~ 2 . !- ~ 1 ~~`~ 1 1 ~ ..^»-® ,o...., e- - ._. -- <-® 'mo' - " ---• {5f j C,, ..-«.-_ J t I ..__,_-~~ ~ ~ ` OLSON BUSH 5tJB 1ViS10N ~ 2 X21 \Z I I /QlfJ' ~ l 6LOC J ® OL50N 8c BUSH INtSUSTR1Al. PARK / (~ 11 11 `,i ® ~ © I I I t ' 1 ' ~ 1 ` BLOGK 1 t 1~•`- ` ~ ~` _`~ a A ',~` NVpB (n~io» ill ., i ,, F.. UNPLATTED " ~~~--....~_ ~ i k r ~~ l CG i Z .~ ` A j Q I I . ``. ~~. C-C i~" .~ ~~ I, ~--- - ~w+ _-^N, fRANX IN R0~ I __ ~ ~ ~ 1 lE>ZF2/A ro,nm taw w unnm,r ~.»......_».._.-..._. waratr ®oueawr uaic rowo s/e' na+ r., au >~n - .... , snwN u,c ft~t trnc ~ ~ ~x+m ia,sar for wa .fCT >/e'.ti' Ra. rw wTN ~ Putnc 4v, of ~nr Nnres tm waw, ci,wuam ra~r tmna dart-a-rar u<t naeHae+t /-L -noroao rawa arN. nNr re emn.»,a /-~ nesna xa:na rguxaY s~oaN a koa~ [Mf~NU lOT IAWID! Olson & Bush CPAM-12-003; AZ-12-003 PAGE 11 ~IBIT A 3. Adopted & Proposed Future Land Use Map ro oe Land SAS ~ ~.ni~arac .~If'e@L -'. _ • ; `i _ Area Of Change ~ _ ,,; _ t t ~ i r -Z' - - ~ - - t 1 ! ~ t 3 r 4 ;, Olson ~c t3ush CPAM-12-003; A7-12-003 PAGE 12 E IBT' A. . Agency Comments On 3une 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 owners} 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: . . MC-C-9 t 4A: The applicant shall not berequired tohook-up the existing home to City water & sewer service until such time as the property redevelops or the s stems 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 Iisted 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. Fut«re 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 WORDS DEPART { NT 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 EX BIT A 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 ayear-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-SS00 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. F DEP T1VXE 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTIVJ[ENT 4.1 The Police Department has no comments on this application, 5. S TARY SERVICES S.1 SSC has no comments related to this application. 6. P S DEP T NT 6.1 The Parks Departments has no comments on this application. 7. ADA COUNTY G AY DIS CT 7.1 Site Specw>eic 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 spee~c requr'rements when it reviews a specific redevelopment application, 7.1.1 Construct a S-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 S-foot wide attached sidewallc 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 EX I IT A 7.2 Standard Conditions of Approval: 7.2,1 Any existing irrigation facilities shall be relocated outside ofthe 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 A 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 3 87-6280 {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 (1-811-3421585) 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 ACRD 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 AC13D 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 bythe ACI-iD Commission. Olson & Bush CPAM~12-003; AZ-12-003 PAGE 15 T+; ITT A C. Legal Description and Exhibit Map for Proposed Annexation & Zoning r ' ice'-~ .. ~ ~ ; t F 315 ~ i~at~kin ~ ~ ~~~~ ~ d~ilyd~°! ~ ~7Y{d1L{{~~jjyyrryy yl 9~1~i! 4 P 1 ~ two'»~rz~r t ~ '~30b ~~c ~f ,.~fi t ~~~ ~;.tp~~ct~ ~'1''3~4 ~~I~BTJ ~~~ ~n Olson & Bush CPAM-12-003; AZ-12-003 PAGE 16 c _ -- -- =- __-_. _.-_ E I I'T A "~' ~ . ~5'~ ~'~~"1W ter d" of ~ .~ >~ ~ i i7~ y... t ~`-F ~1 1U~' i s~~. ~ Y * 19r' ~ ~1 ~" ~ t#i~~ p . ..~~ fig.. " '~ ~,i ~~' ~ .. ~~ ' ~ ~ ~l~ a ~t1~ro,~ ~~C3~ ~T ~ U Tn'"~ eax~ Olson & Bush CPAM-12-003; A.Z~12~003 PAGE 17 EX BIT A `" I I 395 P~ Usn~t~r p lGa~C33''fb Pte, ~~~~3 ~ ~4 ~t}i~ P~/141'1 ~ t 1l' Cl . ~. :~ ~: ~4 ~ t~f! ~tr~ leaf ~,r~, 7y`.3., l~..l~,~ i~. , 'j ' a V ~ d41 i Olson & Bush CPAM-12-003; AZ-12-003 PAGE 18 E SIT A it~ce ~cavlrtg 1~ $n~th ~uodaKy $ 'Z4'' W Ca~i ot315.1 4 S#' ~ '~V ~nr ~ aJ'3t)OM,+~b let to t~ 11d'i' (?F 1~~~~y . 'r , ~OI(h~ R.I.tia. ~~ ~V~ ~ ' ~ 4A~~~~ ~~pn~'.C .~. Z 1!'coJaetelGlG.$G'~t ~`~' ~44~t~CUMf1NT8bDlsn,da~m Olson & Bush CPAM-12-003; AZ-12-003 PAGE 19 E IBT A 9 ~ 1 ~1 ~~. ~ ll ~ ~, n ~~~ ~ I~n~kta ~ t~ ~ ,~. B ^ t~ 1~11~ y- I ~ ~~al~ :. I4yf ~' ~~~' V~, 7I,ID~ v..~4.~~-r...-~wi-r~rw~r~.wy..~ Ww..an r+.r~wr...~-.. ~.~.«.rwr~I ~~r..~~ir .~.n~Hrr...r.~.•~rnn. r.~ ~t ...r..n ... .. ...-«~rr rr w.. .. r. ~.•w~-n. v r...~~.r ~.~.r.r....Y ... ~ 'N ~'tg'~ dig cif - 1 ~~ Rr ~~Y 6 R~~f r ~ v y .. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 20 E T A ~L80N t aU9t1 INaUSTR1ALPARk '~ 1' m `~Zr7a ~~Ja ~~ • ~ kif2~'AS'!R ySl4' ` ~.. ~ 'T"Y1~ HNpVSTRIn~.P}ARK :; ., .r ~.. Cl~,. ,.~,,, ~•• ,,,,. 9md-~1Tq. star 11 ~i ~ ~ ` ,... u Pin i to ~ q ~ -.. ....~. 1 ,._..~...~ ~ o- " ,~ "". ,. u~.wr ~® ~ ,--.-r ~ ~Nau~ct~x ~,.... ~ xa a .-,,.,.,,..,....~ ~~., d O-. 41i. O ~ '.'. ,' 316 ~. 07-NS3Q~1 ORlll~~ 8019 IOANO - 83/t6 ~ 22 FAX: #28-l33t0 Olson & Bush CPAM-12-003; AZ-12-003 SAGE 21 E IT 1~, D. Required Findings from Unified Development Code ~. ~®MPREHENSIVE 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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. £ The proposed amendment will not burden existing and planned service capabilities. The City Council 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 City Council Ends the proposed industrial develapment 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 City Council finds that the proposed amendment is in the best interest of the City. Olson & Bush CPAM-12-003; AZ-12-003 PAGE 22 ~- - _ _ - - --~ _ __ ~: B~~ ~. 2. ANNEXATION ~c ZONING Y'II+iDINGS: 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 City Council finds the proposed annexation and zoning to the C-G and I~L zoning district is consistent with the existing FLIJM designation of Commercial and proposed designation of Industrial for this site. See Section YI.I above for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to 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 refiail 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, c. The map amendment shall not be materially detrimental to they public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an .adverse impact upon the delivery of services by . any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). For the reasons stated in this report, the City Council finds the proposed annexation and zoning is in the best interest of the City.