Hal Simmons Planning Director Boise City Planning and Development Services. CAR / 1689 South Entertainment Avenue

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1 MEMORANDUM MEMO TO: FROM: Mayor and Boise City Council Hal Simmons Planning Director Boise City Planning and Development Services DATE: November 15, 2008 RE: CAR / 1689 South Entertainment Avenue The following application is scheduled for December 2, 2008: CAR / Wayne Eldridge requests approval to annex ±.057 acres located at 1689 South Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The Planning and Zoning Commission recommended approval of the application at the September 8, 2008 hearing. Please see the attached documents for your review. TABLE OF CONTENTS Page 2 Summary, Issues, and Staff Recommendation Page 3 Vicinity Map Page 4 Aerial Photograph Page 5 Site Plan Page 6 Action Letter from September 8, 2008 P & Z Hearing Page 8 Minutes from September 8, 2008 P & Z Hearing Page 9 Planning Division Staff Report (including agency comments and public comments)

2 CAR SUMMARY The applicant is requesting approval to annex ±.057 acres located at 1689 South Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The property is located within the boundaries of the Southwest Planning Area as designated on the Land Use Map of the Boise City Comprehensive Plan, and is within the boundaries of the Pioneer Neighborhood Association. At a hearing on September 8, 2008 the Planning and Zoning Commission found the C-1 zone compatible with surrounding zoning and development. The small parcel is a remnant purchased from the Idaho Transportation Department. The applicant also owns the parcel adjacent to, and north of the property. It is his intention to develop both parcels as a single retail mattress store. The area is already comprised of a mix of uses and zoning, including retail, office, and residential. The C-1 zoning will buffer the residential uses on the west side of the property from the more intense commercial uses to the east. The C-1 zone will enhance the mix of uses in the area and support both the residents and employees already present in the surrounding neighborhood. The Commission found that the annexation and zoning is supported by the Comprehensive Plan. The Land Use Map designates the property as Industrial. Policy discourages the creation of single use commercial district, while promoting uses that serve a variety of shopping, entertainment, work and dwelling needs, and with different hours of operation. The proposed zoning and use will accomplish this as the theater and restaurant uses to the west have busy evening hours, and the retail store will have day time hours and buffers the residential uses to the west. The annexation will not adversely affect public services. ACHD has responded that the proposal will not adversely affect the roadway system. The proposed annexation does not constitute leapfrog development, and is in an area already served with the necessary services. The site is located within Boise City s Area of Impact and within the Boise Sewer Planning Area. It is adjacent to Boise City limits along three boundaries and is within service areas for police and fire protection. The proposed annexation will continue a preexisting land use trend of commercial in this area. The annexation will not negatively impact neighboring properties or public services. Policies of the Comprehensive Plan for sustainable growth and economic development will also be met by this proposal. Major Issues Discussed There was no opposition to the annexation and zoning request. Staff Recommendation Staff recommends approval of CAR

3 W SPECTRUM ST S ASHPARK LN < S ENTERTAINMENT AVE K LN W OVERLAND RD W DORIAN ST S PENNINGER DR R-1C C-3D CAR "=300' / C-2D C-1D S MILWAUKEE ST C-4D C-1/DA M-1/DA A-1 R-1A N-OD C-1D RSW M-1D

4 C-4D C-3D S ENTERTAINMENT AVE W OVERLAND RD N-OD C-1D C-1/DA CAR "=300' / W DORIAN ST < C-2D A-1 S MILWAUKEE ST R-1C S ASHPARK LN M-1/DA S PENNINGER DR RSW W SPECTRUM ST R-1A K LN C-1D M-1D

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6 September 9, 2008 Wayne Eldredge 3730 S. Arno Avenue Meridian, ID Re: CAR / 1689 S. Entertainment Avenue Dear Mr. Eldredge: This letter is to inform you of the action taken by the Boise City Planning and Zoning Commission on your request of an annexation of ±.057 acres located at 1689 S. Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The Boise City Planning and Zoning Commission, at their meeting on September 8, 2008 recommended to the Mayor and the Boise City Council, approval of the request based on the attached Reasons for the Decision. This application will be considered by the Boise City Council to establish a public hearing date. You will be notified of the established hearing date. If you have any questions, please contact this department at (208) Sincerely, Sue Cummings Planning Analyst II Boise City Planning and Development Services Department SC/bjc Attachment cc: PNA / Jim Storey / 1607 S. Ash Park Ln. / Boise, ID 83709

7 CAR S. Entertainment Avenue Page 2 of 2 Reasons for the Decision The Boise City Comprehensive Plan designates the site as Industrial. This location is appropriate for C-1D (Neighborhood Commercial with Design Review) zoning because of the adjacent commercial zones. Per the Area of Impact Agreement, Section the subject property is located within the Boise City Area of Impact. The annexation of the site conforms with many Comprehensive Plan policies by promoting proper growth management which will help to minimize sprawl (Goal 8.0). The request for C-1D zoning is consistent with the land use consistency matrix (Policy 8.1.1). The zoning designation of C-1D (Neighborhood Commercial with Design Review) will help buffer the dwellings west of the site from the more intense commercial uses to the east. The annexation will not adversely affect public services. ACHD has responded that the proposal will not adversely affect the roadway system. The proposed annexation does not constitute leapfrog development, and is in an area already served with the necessary services. The site is located within Boise City s Area of Impact and within the Boise Sewer Planning Area. It is adjacent to Boise City limits along three boundaries and is within service areas for police and fire protection. The proposed annexation will continue a preexisting land use trend of commercial in this area. The annexation will not negatively impact neighboring properties or public services. Policies of the Comprehensive Plan for sustainable growth and economic development will also be met by this proposal. The zoning designation of C-1D is appropriate. A parcel to the north is zoned C-1D and there are parcels zoned C-2D to the east. The requested zone is supported by the goals and objectives of the Comprehensive Plan. Policy discourages the creation of single-use commercial districts, while promoting uses that serve a variety of shopping, entertainment, work and dwelling needs, and with different hours of operation. The proposed zoning and use will accomplish this as the theater and restaurant uses to the west have busy evening hours, and the retail store will have day time hours and buffer the residential uses to the west.

8 REGULAR AGENDA Boise City Planning & Zoning Commission Minutes September 8, 2008 Page 1 CAR / WAYNE ELDREDGE Location: 1689 S. Entertainment Avenue REQUESTS APPROVAL TO ANNEX ±.057 ACRES WITH A ZONING DESIGNATION OF C-1D. Commissioner Wilson Is there any member of the public who wishes to speak in opposition to this item? Is the applicant present? Are you in agreement with the terms and conditions of the staff report? Let the record reflect that the applicant is present and in agreement with the staff report. I think we can waive the staff report and deliberate towards a decision unless the Commissioners have any questions. COMMISSIONER MCLEAN MOVED TO APPROVE CAR COMMISSIONER ELLSWORTH SECONDED THE MOTION. Commissioner McLean This site has already received the Design Review approval and they expected that this land would come over, so a variance for parking has already been approved. It meets the Comprehensive Plan and it works within the business area. ROLL CALL VOTE COMMISSIONER MCLEAN COMMISSIONER ELLSWORTH COMMISSIONER BASKIN COMMISSIONER COOPER COMMISSIONER RUSSELL COMMISSIONER STEVENS COMMISSIONER WILSON AYE AYE AYE AYE AYE AYE AYE ALL IN FAVOR, NONE OPPOSED, MOTION CARRIES.

9 3 Planning Division Staff Report File Number CAR Applicant The Eldredge Corporation Property Address 1689 S. Entertainment Avenue Public Hearing Date September 8, 2008 Heard by Boise City Planning and Zoning Commission Planning Analyst Sue Cummings Planning Supervisor Cody Riddle Table of Contents 1. Executive Summary 2 2. Facts, Standards of Review & Analysis 3 3. Reasons for the Decision 6 4. General Information 7 5. Boise City Comprehensive Plan 8 6. Boise City Zoning Ordinance 9 Attachments Vicinity/Zoning Maps Annexation Application Applicant s Support Material Agency Comments

10 1. Executive Summary CAR Boise City Planning and Zoning Commission / September 8, of 8 Description of Applicant's Request The Eldredge Corporation requests approval of an annexation of ± acres located at 1689 S. Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). Staff's Recommendation Staff recommends approval of CAR Summary The Eldredge Corporation requests approval of an annexation of ± acres located at 1689 S. Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The small parcel is just south of, and adjacent to, a parcel that was annexed last year, and is now under the same ownership. The applicant wishes to develop both parcels with a retail mattress store. The site has already received Design Review approval, and in anticipation of obtaining this parcel from the Idaho Department of Transportation, gained approval of a variance for the parking setbacks. The C-1D zone is appropriate in this area due to the fact that this lot will be used as a buffer between the houses to the west and the more intense C-2 commercial uses of the Spectrum theater complex to the east. Industrial uses in this area would not be appropriate due to the precedence of commercial uses and residential land uses within close proximity of the site. Public services are available to the subject property. ACHD has stated that Entertainment Avenue, a major collector south of Overland Road, has a traffic count of 10,121, which is level of service better than D. An acceptable level of service for Entertainment Ave. is 22,000 vehicle trips per day or level of service D. Sewer service is available along Ash Park Lane, which borders the property on the west side. This request meets the requirements of the Idaho Code and the Boise Zoning Ordinance for annexation. The annexation will not negatively impact neighboring properties or public services. Policies of the Comprehensive Plan for sustainable growth and economic development will also be met by this proposal.

11 CAR Boise City Planning and Zoning Commission / September 8, of 8 2. Facts, Standards of Review, and Reason for the Decision Type Application Annexation / C-1D (Neighborhood Commercial with Design Review) Applicant/Status Eldredge Corporation / Owner Location and Site Description The subject property is located at 1689 S. Entertainment Avenue, which is bordered by Dorian Street, Ash Park Lane, and Entertainment Avenue. The site is approximately acres and is currently vacant. Zoning, Zoning Allowances, and Comprehensive Plan Designation Currently the site is within Ada County and zoned RSW (Southwest Community Residential). The applicant requests annexation of the property with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The Comprehensive Plan designates the property as Industrial. The Comprehensive Plan Land Use/Zoning Consistency Matrix indicates that C-1D is an acceptable zone for this designation. It is in the Southwest Planning area and within the boundaries of the Pioneer Neighborhood Association. History of Previous Actions CAR Annexation of the parcel to the north, which is now under the same ownership CVA Approval of a parking lot setback variance on the parcel to the north DRH Design Review approval for both parcels under the same ownership Standards of Review Section AMENDMENT; RECLASSIFICATION Section Power to Amend This Ordinance may be amended whenever the Council deems that amendment is required for the public convenience or necessity, or for the general welfare. Any amendment to this ordinance shall be enacted pursuant to this section. The amendment of this Ordinance or the reclassification of zoning districts may be initiated by the City Council, the Planning and Zoning Commission or by one or more property owners or holders of valid options to purchase property. The procedures set forth in this Section shall apply to any measure to change district boundaries, reclassify districts, to change district regulations, to add, repeal or amend district regulations and to add, repeal or amend any other provisions of this Section or the whole of this Ordinance. Section Application Required Every person seeking the reclassification of any land as regulated by this Ordinance shall file an application and fee with the Planning Director in accordance with Section

12 CAR Boise City Planning and Zoning Commission / September 8, of 8 Section Public Hearing The Planning and Zoning Commission shall advertise, provide notice and conduct a public hearing in accordance with Section of this Ordinance for each application to amend this Ordinance or to reclassify a zoning district. Any recommendation of the Commission relating to change, modification and reclassification of zoning districts and land use classifications and the regulations and standards thereof shall be in writing. The recommendation shall include findings of fact supporting the purposes and objectives of zoning and otherwise securing public health, safety and general welfare. The recommendation shall specifically find that such changes, modifications and reclassifications of zoning districts and land use classifications and the regulations and the standards thereof: A. Comply with and conform to the Comprehensive Plan; and B. Provide and maintain sufficient transportation and other public facilities, and does not adversely impact the delivery of services by any political subdivision providing services. C. Maintain and preserve compatibility of surrounding zoning and development. Failure of an application to meet these findings shall not prevent the request from being forwarded to the City Council for consideration after Commission review. Notice of the Commission s recommendation shall be included in the notice of the public hearing of the City Council. ANNEXATION Section Application Required Every person seeking annexation into the City of Boise shall file, with the Planning Director, an application as prescribed in Sections and Section Public Hearing The Commission shall hold at least one public hearing for each annexation request as prescribed in Section of this Ordinance. Section Commission Shall File Recommendation The Commission shall file its recommendation on each annexation application with the City Clerk in accordance with Section The Commission's recommendation on annexation applications shall be in accordance with the following policies: A. That the annexation shall incorporate the Boise sewer planning area. B. Honor negotiated area of impact agreements. C. Attempt to balance costs of services with anticipated revenues. D. Promote other goals of population balance, contiguous development and prevention of costs due to leap frog development.

13 CAR Boise City Planning and Zoning Commission / September 8, of 8 Section Action by the Commission At every hearing before the Commission, the Commission shall hear all persons interested in the subject matter then pending before it. Not later than ten (10) days after the conclusion of the proceedings, the Commission shall file with the City Clerk a written report of the hearings before and by the Commission at each hearing and its recommendations to the Council. Analysis The Eldredge Corporation requests approval of an annexation of ± acres located at 1689 S. Entertainment Avenue with a zoning designation of C-1D (Neighborhood Commercial with Design Review). The parcel is a remnant, recently purchased from Idaho Department of Transportation, and had been part of the public right of way. However the roadway, curb, and gutter were not constructed on the parcel. The small parcel is currently zoned RSW (Southwest Community Residential) which is designed to facilitate the Boise City Comprehensive Plan. The proposed zone is consistent with the land use/zoning consistency matrix. (Policy 8.1.2) The Boise City Comprehensive Plan designates the site as Industrial. There are a variety of zoning designations that may be appropriate for the Industrial land use designation, including A, N-O, L-O, C-1, HS, M-1, M-2, M-4, T-1 and T-2. The C-1 zoning district was established to promote small scale commercial development in or near residential neighborhoods. Policy of the Comprehensive Plan discourages the creation of single use commercial districts, and encourages a variety of shopping, entertainment, work and dwelling needs. With housing to the west, the Spectrum Complex to the east, staff finds these goals and policies are achieved. No other zoning designation would be appropriate as the applicant intends to combine the parcel with the adjacent lot to the north for a single development, which has already received Design Review approval. The proposed annexation does not constitute leap-frog development, and is in an area already served with the necessary services. The site is located within Boise City s Area of Impact and within the Boise Sewer Planning Area. The site is adjacent to Boise City limits along three boundaries of the site. Staff finds the annexation will maintain and preserve compatibility of surrounding zoning and development. The precedence in this area for C-1 and C-2 zoning makes the annexation of this property as C-1D appropriate. The proposed zoning designation will be used as a buffer between the residential uses to the west and the more intense C-2 commercial uses of the Spectrum theater complex to the east. Industrial uses in this area would not be appropriate due to the precedence of commercial uses and the proximity to residential land uses. The proposal to rezone this property will facilitate the development of a retail mattress store. As requested by the residents of the subdivision to the west, the property has access off Entertainment Ave. to avoid unnecessary traffic on Ash Park Lane. Services. - Sewer lines exist along Ash Park Lane - Fire service will be provided by Station #8 (approximately 2.4 miles east of the site) - Water service is available from United Water. - Bus service is available at the intersection of Overland Road and Cole Road

14 CAR Boise City Planning and Zoning Commission / September 8, of 8 Street Access. The subject property has access on S. Entertainment Avenue. ACHD has stated that Entertainment Avenue, a major collector, south of Overland Road has a traffic count of 10,121, which is level of service better than D. An acceptable level of service for Entertainment Ave is 22,000 vehicle trips per day. 3. Reasons for the Decision The Boise City Comprehensive Plan designates the site as Industrial. This location is appropriate for C-1D (Neighborhood Commercial with Design Review) zoning because of the adjacent commercial zones. Per the Area of Impact Agreement, Section the subject property is located within the Boise City Area of Impact. The annexation of the site conforms with many Comprehensive Plan policies by promoting proper growth management which will help to minimize sprawl (Goal 8.0). The request for C-1D zoning is consistent with the land use consistency matrix (Policy 8.1.1). The zoning designation of C-1D (Neighborhood Commercial with Design Review) will help buffer the dwellings west of the site from the more intense commercial uses to the east. The annexation will not adversely affect public services. ACHD has responded that the proposal will not adversely affect the roadway system. The proposed annexation does not constitute leapfrog development, and is in an area already served with the necessary services. The site is located within Boise City s Area of Impact and within the Boise Sewer Planning Area. It is adjacent to Boise City limits along three boundaries and is within service areas for police and fire protection. The proposed annexation will continue a preexisting land use trend of commercial in this area. The annexation will not negatively impact neighboring properties or public services. Policies of the Comprehensive Plan for sustainable growth and economic development will also be met by this proposal. The zoning designation of C-1D is appropriate. A parcel to the north is zoned C- 1D and there are parcels zoned C-2D to the east. The requested zone is supported by the goals and objectives of the Comprehensive Plan, Policy discourages the creation of single use commercial district, while promoting uses that serve a variety of shopping, entertainment, work and dwelling needs, and with different hours of operation, The proposed zoning and use will accomplish this as the theater and restaurant uses to the west have busy evening hours, and the retail store will have day tome hours and buffer the residential uses to the west.

15 4. General Information CAR Boise City Planning and Zoning Commission / September 8, of 8 Notifications: Neighborhood Meeting held on: Waived Newspaper notification published on: August 23, 2008 Radius notices mailed to properties within 300 on: August 22, 2008 Staff posted notice on site on: August 22, 2008 Size of Property acres Land Use Existing Land Use Vacant Hazards None known. Adjacent Land Uses and Zoning North: Vacant Parcel under same ownership with a restaurant; C-1D (Neighborhood Commercial with Design Review) beyond South: Vacant parcel; RSW (Southwest Community Residential) East: Restaurant; C-2D (General Commercial with Design Review) West: Residential subdivision; R-1C (Single-Family Residential) 5. Boise City Comprehensive Plan This project is located in the Southwest Planning Area of the Boise City Comprehensive Plan. There are no goals, objectives, or policies for this planning area that apply to this application. Boise City Comprehensive Plan Goals, Objectives and Policies CHAPTER 8 LAND USE Goal 8.0 Achieve a city that minimizes suburban sprawl that provides for a diverse mixture of life-styles and atmospheres and a sense of place that varies throughout the different areas of the City, and that efficiently provides basic services and facilities in close proximity to where people live. Objective 8.1 The land-use map and attendant policies shall be the official guide for development of the planning area and shall be implemented through zoning and development review. Policy 8.1.1

16 CAR Boise City Planning and Zoning Commission / September 8, of 8 The Land Use/Zoning Consistency Matrix shall identify the zoning districts that are permissible within each land-use designation. Conformance with the Land Use/Zoning Consistency Matrix shall be a necessary finding of approval for all zone changes and conditional uses, unless one or more of the forms of flexibility identified in the policies under Objective 2 are implemented. Policy Zone change requests that are consistent with the Land Use/Zoning Consistency Matrix and the policies of the Comprehensive Plan, should be approved by the City pursuant to appropriate findings related to service levels and other requirements of the comprehensive plan. 6. Boise City Zoning Ordinance Commercial Districts Established Certain districts, designated by the symbol "C", followed by a numeral, or numeral and letter, and referred to collectively herein as "C" or Commercial Districts, are established to preserve and enhance property values by providing space in suitable locations for the various types of business activity needed to serve the people and commerce in the city in conformance with the Comprehensive General Plan Purpose of Neighborhood Commercial or C-1 District It shall be the purpose of the Neighborhood Commercial or C-1 District classification to provide for commercial uses of a small scale in or near residential neighborhoods. The emphasis of the district is on uses which will provide services for nearby residential areas, and other uses which are compatible with residential uses, and having relatively little impact. The zone is intended for sites that are small relative to sites in other commercial districts. Neighborhood commercial developments should be limited to sites of 10 acres or less, and are more typically located on sites of 5 or fewer acres. Section Public Hearing Section ANNEXATION Section Commission Shall File Recommendation Section ANNEXATION Section ANNEXATION CLASSIFICATIONS Section ANNEXATION PROCEDURES

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23 (9/2/2008) Suezann Yorita - CAR Page 1 From: "Larry Strough" <Larry.Strough@itd.idaho.gov> To: <syorita@cityofboise.org> CC: "Pam Golden" <Pam.Golden@itd.idaho.gov> Date: 9/2/2008 9:01 AM Subject: CAR Attachments: SKMBT_C pdf We have no comment on the enclosed notice. <<SKMBT_C pdf>> Thank You.

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26 TO: Sue Cummings, PDS FROM: Mark Senteno SUBJECT: CAR DATE: August 13, 2008 BOISE FIRE DEPARTMENT M E M O R A N D U M The Boise Fire Department has reviewed and can approve the application subject to compliance with the following code requirements and conditions of approval. Any deviation from this plan is subject to Fire Department approval. Please note that unless stated otherwise this memo represents requirements of the International Fire Code as adopted and amended by Ordinance Code Requirement: Fire Department vehicular access shall be provided to within 150' of all portions of the nonsprinklered buildings. Dead end roads are prohibited from exceeding 750 feet. These distances can be increased somewhat for sprinklered buildings but exact distances are on a case-by-case basis. All Fire Department access roads, fire lanes, bridges, and gates are to be a minimum of 20' wide with 13' 6" overhead clearance, shall be capable of supporting 70,000 lbs GVW (24,000 lbs per axle), and shall be paved. Fire Department access roads and fire lanes shall have a minimum outside turning radius of 48' with an inside radius of 28'. Aerial fire apparatus roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height, and at least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. Any dead-end road in excess of 150' needs a Fire Department approved turnaround. No grade may exceed 10% (please note that fire apparatus are designed for a maximum 6% grade). Width and turning radius measurements specified by this paragraph can include those surfaces vehicles generally drive upon. Specifically, gutter and rolled curb are generally considered useable, while vertical curb or sidewalks are not. Comments: Condition of Approval: Refer to above code requirements. Code Requirement: For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be

27 restricted on both sides. A note on the face of the final plat is required noting the parking restriction prior to signing of the final plat by the Boise City Engineer. In addition, No Parking signs shall be installed in accordance with the requirements of the IFC. Comments: Condition of Approval: Refer to above code requirements. Code Requirement: Fire hydrant location and distribution shall meet requirements of International Fire Code Appendix C. Comments: No fire hydrants have been noted. In the absence of information on existing hydrants it appears that no new hydrant may/will be needed. However, we reserve the right to modify requirements as more information comes to light. Variables affecting hydrant numbers and location include, but are not limited to, area, construction type, existing hydrants, accuracy of information provided in the application, strategic location for fire fighting forces, and required fire flow. New hydrants must be "non-private" installations. Condition of Approval: Refer to above code requirements. General Requirement: Fire Department required fire hydrants, access, and street identification shall be installed prior to construction or storage of combustible materials on site. Provisions may be made for temporary access and identification measures. Specific building construction requirements of the International Building Code, International Fire Code, and Boise City Code will apply. However, these provisions are best addressed by a licensed Architect at building permit application. Please feel free to have the applicant contact Mark Senteno, cc: File