Raisin' Angels - RZ 13-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of Rezone of 1.54 Acres of Land from the I-L (Light Industrial) Zoning District to the
L-O (Limited Office) Zoning District for Raisin Angels, Located at 1771 E. Pine Avenue, by
Engineered Structures Inc.
Case No(s). RZ-13-012
For the City Council Hearing Date of: December 3, 2013 (Findings on December 17, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2013, incorporated by reference)
B. 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 65, 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.
5. 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). RZ-13-012
-1-
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 Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the agency comments in the attached Staff Report for the hearing
date of December 3, 2013, incorporated by reference. The agency comments 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 rezone is hereby approved per the agency comments in the attached
Staff Report for the hearing date of December 3, 2013, attached as Exhibit A.
D. 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 Clerk 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 this 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 property which may be 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.
E. Attached: Staff Report for the hearing date of December 3, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-012
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' in held on the ~ da of
By action of the City Council at its regular meet g Y
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIlZD
MAYOR TAMMY de WEERD
rT~ RuFeuFU~
VOTED
VOTED
VOTED
VOTED!
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: ~ ~ • ~~ ~ ~ .~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-012
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EXHIBIT A
STAFF REPORT
HEARING DATE: December 3, 2013 E IDIAN~--~
TO: Mayor and City Council I D A H D
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-13-012 -Raisin' Angels
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied to rezone (RZ) 1.54 acres from the I-L (Light Industrial) zoning district to
the L-O (Limited Office) zoning district for the purpose of developing the parcel with a daycare
center. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed rezone (RZ) application with the conditions listed in
Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on November 7, 2013. At the
public hearing, the Commission voted to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Laren Bailey. Alicia Parker and Jane Fekete
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
h e Meridian City Council heard the a item on December 3.3013. At the nublic hearin .the
o
~ uncil annroved the subject 7. reauect
ummarv of City Council Public Hearin
L In favor: Scott Sherwin. Alicia Parker and .Tane Fekete
11: In opnosition: None
iii, Commenting: None
lY. Written testimony: None
y~ Staff presenting annlication: Bill Parton
yir Other staff commenting on annlication: Justin Lucas
lt. ev Issues of Discussion by Council:
L andscape buffer between the exi tins I-L .oned property and the Orono ed L-O .one
nr°n~erty.
iy racking current inventory of indu trial .oned property.
Raisin' Angels - RZ-13-012 PAGE 1
EXHIBIT A
~. Kev Council Changes to S aff/Commission R .enmmenriation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve RZ-13-012, as
presented during the hearing on December 3, 2013, with the following modifications: (Add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny RZ-13-012 as presented
during the hearing on December 3, 2013, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number RZ-13-012 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:
1771 E. Pine Avenue (Parcel No. R6108100030); located in the southwest Y4 of Section 8,
Township 3 North, Range 1 East
B. Owner/Applicant:
Engineered Structures Inc.
3300 E. Louise Drive
Meridian, ID 83642
C. Representative:
Laren Bailey, LEI-Engineers
3023 E. Copper Point Drive
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning and
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: October 21, and November 4, 2013(Commission);
November 11, and 25, 2013 (Council)
C. Notices mailed to property owners within 300 feet on: October 10, 2013(Commission);
November 12, 2013 (Council)
D. Applicant posted notice on site(s) on: October 27, 2013 (Commission); November 22.2013
Council
VI. LAND USE
A. Existing Land Use(s): The site is vacant developable property, zoned I-L.
Raisin' Angels - RZ-13-012 PAGE 2
EXHIBIT A
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded
by industrial and residential property (across Pine), zoned I-L and RUT in Ada County; vacant
and developed commercial properties, zoned C-G and L-O (to the east) and industrial properties
(to the west and south), zoned I-L.
C. History of Previous Actions: In 2004, the property received combined preliminary/final plat
(PFP-04-008) approval to develop a four (4) lot industrial subdivision on approximately 8.02
acres.
D. Utilities:
1. Public Works:
a. Location of sewer:
b. Location of water:
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Industrial" on the Comprehensive Plan Future Land Use Map
(FLUM). The purpose of the industrial designation is to provide a range of industrial uses that support
industrial and commercial activities and to develop areas with sufficient urban services. While the
Comprehensive Plan supports incidental retail and office uses in the industrial designated areas; the
existing I-L zoning on this property limits the daycare use as an accessory use which must be
subordinate to a primary use. For this reason, the applicant is proposing to rezone the property to the
L-O zoning district.
Typically L-O zoning is not recommended within "Industrial" designated areas on the FLUM.
However, in reviewing the surrounding land use designations, this property is situated adjacent to
properly (east) designated "Mixed-use Community" on the FLUM which encourages a mix of uses
and zoning designations including L-O. Staff recognizes that FLUM designations are not parcel
specific and sees merit in "floating" the adjacent Mixed-use Community designation to cover this
property which would support the applicants request for L-O zoning.
In addition, several corporate campuses have been constructed in the area generating additional need
for convenient child care (Scentsy Campus and PKG Corporate office).This property is part of a
much larger area identified as "The Core" (page 58) which envisions a mix of health sciences,
technology and business centers with an emphasis on providing a corridor of complementary
businesses and services for visitors and the surrounding workforce. The Core will attract additional
businesses to the area further increasing the need for the daycare center and other support services.
The requested L-O zone would allow the development of the proposed daycare center to support the
area workforce.
Based on the aforementioned analysis, staff is of the opinion that the requested rezone is consistent
with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Raisin' Angels - RZ-13-012 PAGE 3
EXHIBIT A
1. Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.O1F, pg. 45)
City services are stubbed to the property and will be extended with the development of this site.
2. Encourage compatible uses to minimize conflicts and maximize use of land. (3.06.00, pg. 53)
The future daycare center is on the fringe of the industrial and commercial development and
should not be impacted by the adjacent industrial developments.
3. Restrict curb cuts and access points on collectors and arterial streets. (3.06.02D, pg. 53)
The conceptual site plan depicts an access point to E. Pine Avenue. With the development of the
Nola Subdivision, the property was granted aright-in/right-out only access to E. Pine Avenue
and a note on the recorded plat grants cross access to this property to use the approved access
point. Another access point is proposed to Nola Road, a local street, consistent with the UDC.
4. Require all commercial and industrial businesses to install and maintain landscaping (2.01.03B,
Chapter 2, pg. 14).
The required landscape buffers along Pine Avenue and Nola Road were approved and installed
with the Nola Subdivision.
5. Plan for a variety of commercial and retail opportunities within the Impact Area (3.OS.O1J, pg.
51).
Staff believes that the future daycare center will contribute to the variety of uses in this area and
will be compatible with the existing industrial uses.
6. Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development. (5.01.02B, pg. 69)
The subject property has been vacant for several years and is ready to be developed. The
proposed development is an infill project consistent with this objective.
For the above-stated reasons, staff is of the opinion the proposed rezone is consistent with the
applicable comprehensive plan policies and is appropriate in this location.
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 accord with the Meridian Comprehensive Plan. Six (6)
Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted,
accessory, conditional, and prohibited uses in the L-O zoning district. The future daycare center is
listed as a principally permitted use in the proposed L-O zoning district and is subject to the
specific use standards listed in UDC 11-4-3-9 for daycare facilities.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to this site.
D. Landscaping Standards (UDC I 1-3B):
1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tablel 1-2B-3 for the L-O zoning district. The required landscape buffers have been installed
with the Nola Subdivision improvements and must remain protected during construction on
the site.
Raisin' Angels - RZ-13-012 PAGE 4
EXHIBIT A
2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in the commercial districts.
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle
parking spaces or portion thereof. Based on twenty-one (21) parking stalls depicted on the
conceptual site plan, a minimum of 1 bicycle parking space is required with the development of
the daycare center in accord with the standards listed in UDC 11-3C-SC.
F. Hours of Operation: The future daycare center must operate between the hours of 6:00 a.m. and
10 p.m. in accord with UDC 11-2B-3A4.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE: The applicant proposes to rezone 1.54 acres from the I-L (Light Industrial) zone to L-O
(Limited Office) zone. The purpose of the rezone is to develop the property with a daycare center.
Daycare centers are listed as an accessory use in the I-L district. If the rezone is approved, the future
daycare center would be classified as a principally permitted use in the proposed L-O zoning district;
subject to the specific use standards listed in UDC 11-4-3-9 for daycare facilities.
Since the proposed rezone is supported by the Comprehensive plan and the future use of the property
is principally permitted in the proposed L-O zone, staff is not recommending a development
agreement with the rezoning of the property.
With the submittal of a certificate of zoning compliance (CZC) application staff, the future daycare
facility must comply with the following standards:
1. In determining the type of day care facility, the total number of children cared for during the
day and not the number of children at the facility at one time, is the determining factor. The
operator's children are excluded from the number.
The applicant is requesting that the facility accommodate up to 100 children. The occupant
load of the future facility will be determined by the design professional of record preparing
the code analysis for the Building Division 's review and approval.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe
discharge and pickup of clients.
The submitted site plan depicts a parent drop-off area separated from the parking area. The
proposed drop-off area should provide a safe discharge and pick-up of children.
3. The decision-making body shall specify the maximum number of allowable clients and hours
of operation as conditions of approval.
The applicant is requesting the Commission allow up to 100 children to .use the subject
facility. Staff is amenable to this request however; the licensed architect is responsible for
determining the occupant load for the future daycare facility. The Building Division will
review the code analysis and verb the architect's occupancy classification with the submittal
of a new commercial building application.
The applicant is also requesting to operate the facility from 6:00 a.m. to 10:00 p.m. which is
consistent with the hours of operation allowed in the proposed L-O zoning district (UDC 11-
2B-3A4).
Raisin' Angels - RZ-13-012 PAGE 5
EXHIBIT A
4. Upon tentative approval of the application by the Director or Commission for the daycare
facility, the applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by Title 39, Chapter 11, Idaho Code, in accord with UDC
11-4-3-9, prior to issuance of certificate of occupancy. The applicant or owner shall comply
with all State of Idaho Department of Health and Welfare daycare facilities.
Certificate of occupancy for the building will not be issued until this requirement is satisfied.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a
Conditional Use Permit.
Hours of operation for the future facility are more restrictive in the L-O zoning district as
noted above.
Additional standards for daycare facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable
fence to secure against exit/entry by small children and to screen abutting properties. The
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
The submitted conceptual site plan depicts an enclosed outdoor play area however neither
the concept plans call-out the proposed fencing materials. With the submittal of the CZC
application, details of the proposed fencing should be provided.
Conceptual site plan: The applicant has submitted a conceptual site plan with the rezone application.
The plan depicts a 5,000 square foot building, the associated parking area and an enclosed outdoor
play area. Staff has conducted a cursory review of the submitted plan and recommends the following
revisions with a future CZC application:
• Provide a 5-foot wide pedestrian connection from the one of the perimeter sidewalks to main
building entrance in the form of scored concrete, bricks or pavers in accord with UDC 11-3A-
19.
• Provide a bike rack in accord with in accord with the standards listed in UDC 11-3C-SC.
• The drive aisle adjacent to the future parking area (east side of the building) must be a
minimum of 25 feet wide in accord with UDC Table 11-3C-5.
Access: One right-in/right-out driveway access is proposed via E. Pine Avenue and another access is
proposed to Nola Road near the south boundary to serve the future development. The access to Pine
Avenue was granted with the subdivision approval with a requirement that the approved access was to
be for the benefit of all three parcels fronting on Pine Avenue through a cross access agreement. A
note on the final plat states this requirement. Since the property proposed for the rezone and the two
adjoining lots are held under the same ownership and cross access was granted via the plat staff finds
the proposed accesses are consistent with the standards set forth in UDC 11-3A-3.
Conceptual Landscape Plan: The applicant has submitted a conceptual landscape plan with the
rezone application. As mentioned earlier the required street buffers (20-foot along Pine and 10-foot
along Nola) have been installed the Nola Subdivision improvements. Staff has conducted a cursory
review of the submitted plan and recommends the following revisions with a future CZC application:
a. Any landscaping near the construction zone must remain protected during construction on the
site.
b. Install a planter island to break-up the run of nineteen (19) parking stalls adjacent to the Nola
Road landscape buffer in accord with the standards set forth in UDC 11-3B-8C.
Raisin' Angels - RZ-13-012 PAGE 6
EXHIBIT A
c. Provide a fence detail for the enclosed outdoor play area.
Conceptual Building Elevations: The applicant has submitted conceptual building elevations with
the rezone application. The office elevations incorporate a stucco finish, stone wainscot, and
variations in roof form, decorative covered entry and modulation in the wall planes. A more
comprehensive review of the proposed building design will occur with the submittal of the design
review application. Future development of this site must comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
In summary, staff recommends approval of the proposed rezone application with the agency
comments listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of
the staff report.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Future Land Use Map
3. Conceptual Site Plan (dated: 09/17/13)
4. Conceptual Landscape Plan (date: 09/13/13)
5. Conceptual Building Elevations of the Proposed Daycare Center
B. Agency Comments
1. Planning Division
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 the Proposed Rezone
D. Required Findings from Unified Development Code
Raisin' Angels - RZ-13-012 PAGE 7
EXHIBIT A
Raisin' Angels - RZ-13-012 PAGE 8
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Raisin' Angels - R7,-13-012 PAGE 9
Exhibit A.2: Future Land Use Map
EXHIBIT A
Exhibit A.3: Conceptual Site Plan (dated: 09/17/13)
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Raisin' Angels - RZ-13-012 PAGE 10
EXHIBIT A
Exhibit A.4: Conceptual Landscape Plan (dated: 09/13/13)
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Raisin' Angels - RZ-13-012 PAGE 11
EXHIBIT A
Exhibit A.S: Conceptual Building Elevations
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Raisin' Angels-RZ-13-012 PAGE 12
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EXHIBIT A
B. Agency Comments
1. PLANNING DIVISION
1.1 The applicant must comply with all conditions of approval for Nola Subdivision (PFP-04-
008).
1.2 With future CZC submittal, the conceptual site plan should include the following revisions:
a. Provide a 5-foot wide pedestrian connection from the one of the perimeter sidewalks to
main building entrance in the form of scored concrete, bricks or pavers in accord with
UDC 11-3A-19.
b. Provide a bike rack with in accord with the standards listed in UDC 11-3C-SC.
c. The drive aisle adjacent to the future parking area (east side of the building) must be a
minimum of 25 feet wide in accord with UDC Table 11-3C-5.
1.3 With future CZC submittal, the conceptual landscape plan should include the following
revisions:
a. All landscaping near the construction zone (north, south and east boundaries) must
remain protected during construction on the site. Protect any existing trees on the subject
property that are greater than four-inch caliper and/or mitigate for the loss of such trees as
set forth in UDC 11-3B-10.
b. Install a planter island to break-up the run of nineteen (19) parking stalls adjacent to the
Nola Road landscape buffer in accord with the standards set forth in UDC 11-3B-8C.
c. Provide a fence detail for the enclosed outdoor play area.
1.4 Prior to the issuance of a building permit for any structure on the site, the applicant must
obtain approval of a certificate of zoning compliance and administrative design review
application for the proposed development.
1.5 Staffls failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
1.6 Applicant will be required to install street lighting per the City of Meridian Department of
Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed
at subdivider's expense. Final design shall be submitted to the Public Works Department for
approval. The street light contractor shall obtain the approved design on file and an electrical
permit from the Public Works Department prior to commencing installations. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
1.7 Future development of this site must comply with the design standards listed in UDC 11-3A-
19 and the guidelines contained in the Meridian Design Manual.
1.8 The future daycare center must comply with the specific use standards listed in UDC 11-4-3-
9 for daycare facilities.
1.9 The licensed architect is responsible for determining the occupant load for the future daycare
facility. The Building Division will review the code analysis and verify the architect's
occupancy classification with the submittal of a new commercial building application.
1.10 The future daycare center must operate between the hours of 6:00 a.m. and 10 p.m. in accord
with UDC 11-2B-3A4.
Raisin' Angels - RZ-13-012 PAGE 13
EXHIBIT A
1.11 Future development of the site must comply with the access to street standards in accord with
UDC 11-3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with Republic Service's requirements with the CZC application.
6. ADA COUNTY HIGHWAY DISTRICT (COMMENTS ARE FORTHCOMING)
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
6.2.2 ,Private sewer or water systems are prohibited from being located within the ACRD right-of-
way.
6.2.3 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.
6.2.4 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.
6.2.5 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.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.7 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 ACRD conduits (spare or filled) are
compromised during any phase of construction.
6.2.8 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.
6.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
Raisin' Angels - RZ-13-012 PAGE 14
EXHIBIT A
ACRD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
6.2.11 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 ACI-ID.
6.2.12 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.
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
Raisin' Angels - RZ-13-012 PAGE 15
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
LEGAL DESCRIPTION FOR
REZONE
A parch of Mnd boated to flit 8o~hwest 1/4 of Section 0, TownsMp 3 North, Range 1 East,
Boise trNridtan, Ada County, Idaho. Veiny further deaxibed as 1oNwrrs:
t3A8i8 OF BEARINOB:
The West Nns o(ba sedbn 8, Township 3 NoM, Range 1 Eaat, Bolas Merkflan, derlvad hom
found morwments and liken as North 00'28'40" East with the dlstance between moraansiks
found b be 2,850.94 list.
COMtNENCII~ at the West 1/4 corner common b Seogons 7 an0 8, TownslNp 3 tJorth, Range
1 East, Boise MsrkfMn;
0~er-ce ahoy fhe Nord Roe of Mw Southwest i/4 of sold Section 0, Booth 09.6409" East a
rNstetnoe of 124.82 Mst b the POINT OF ®EOMNNtNO;
0nsncs oontinutny 8oub 89.64'09" teatt a dMtana of 237.54 Nsl b the extsnslor- of N»
easterly rbht-of-way of N. Nola Road;
tMnoe Mevgq sold North pne and ahoy sNd exMnaon and riyht~of-way, south 00.27'61" East
a distance of 208.02 Net;
thence RavM~p saki Apht-oFway, NoM 08.26'00" Wael a QMMncs o1237.4A hN b the
8otrdrsvst oorruK of lot 3, Mods 1, of Nob subdivlsbn;
NaNt 00'28'40" East a distance of 270.07 Mat b the POINT OF @Et3iNlNNti.
Bald psroN oonMMMp 87,196 squ~s MK or 1.64 sons, snore or Mss.
tE11O ~ DESCR~TiO!!
RussN ts'. Bedpisy, P.1.8.12460
Tkaber0ns &rwyLt0
047 Park CeMn Way, Bulls 3
PMrr~a, kMd-o 03861
0208) 486-0881
Raisin' Angels - RZ-13-012 PAGE 16
EXHIBIT A
q SIISi, b4'08;E - X24.63' - - - -
B P.o.e. 888' 84' 09'x,' - 237.14'
BRA33 CAP
MONUMENT E . PINE A V E
I VrE>3T 1/4 CORNER
i ~
I ~ I
-_.-.,,_.--^.---~ 'N`om
~ ~ 1
~ ~ ~
I
I o ~i
i ~ ~~
J
~ ~ ~
i `
LOT ~, YLOCK 1 C
NOIJ1 bUbO1VIS10N I Z
` = f
~~ ~ I i
~ I
~ ~ ~
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I
I
- - N~!!'?d' 08"W -?17.8'
~- _
,
~~~ ®~,~
L
BRASS cAP Mo-Nr LOT 3, BLOCK 1
~~ °OR~R KOLA SUBDIVISION ,~
~~ - - - REZONE DISPLAY MAP . ~" ~
T3N, R1E, SECTION 8 suxverwc
~o ~ r BOISE MERIDIAN «. ~, .
Raisin' Angels - RZ-13-012 PAGE 17
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to rezone the subject property from I-L to L-O. Since the proposed
rezone is supported by the comprehensive plan and the future use of the property, the Council
finds that the proposed map amendment complies with the applicable provisions of the
Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the L-O district and the future
daycare use of this property is consistent with the purpose statement of the commercial
district in that it provides for the service needs of the community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council relied on all oral or written testimony that was
provided to determine 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 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 (LTDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Raisin' Angels - RZ-13-012 PAGE 18