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HomeMy WebLinkAboutMagic View Court AZFMIL�ii1?:3 MERIDIAN PLANNING & ZONING MEETING May 6, 2004 APPLICANT Larry Hellhake ITEM NO. 10 REQUEST Public Hearing - Request for Annexation and Zoning of 5.22 acres from RUT to C -G zones for Magic View Court - 2855 Magic View Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached staff comments CITY ATTORNEY CITY POLICE DEPT: n CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See attached Comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See al5dayl of posting Contacted: z Dater Phone: ? c� Emailed: Staff Initials: Maferlals presented at public meetings shall become property of the City of Meddlon. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Tammy deWeard CITY OF MERIDIAN (208) 466.9272 •Fax 4664405 PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO DEPARTMENT BUILDINWilli am L.M. Nary (O8) 898-5500— Fax 888 297 Keith Bird MERIDIAN, IDAHO 83642 Charles M. Rountree (208) 888-4433 • FAX (208) 887-0813 City Clark Office Fax (208) 888-0218 PLANNING AND ZONING DEP(208) TMENT Sharm Wardle 8845533 88.6854 STAFF REPORT: P&Z Hearing Date: May 6, 2004 Transmittal Date: May 3, 2004 To: Mayor, City Council and Planning & Zoning Commission Senior Engineering Tech RECEIVED From- Bruce Freckleton, Brad Hawkins -Clark, Principal City Planner e l Re: Magic View Court Annexation CityOf lvleii,dian City Clerk Office Annexation and Zoning (AZ) of 5.22 Acres from RUT (Ada Co.) to C -G (General Retail & Commercial) for Magic View Court, by Larry Hellhake (File No. AZ -04- 008) We have reviewed the aforementioned applications and now offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.- APPLICATION ouncil. APPLICATION SUMMARY The applicant, Larry Hellhake, on behalf of Robert and Kathleen Barnes (property owners), has requested the annexation and zoning of a 5.22 acre lot in Magic View Subdivision (Amended). There is an existing single family residence and outbuildings on the north end of the property, the remainder of the lot is pasture land. While the application includes a conceptual development plan, it is the owner's intention to not develop the property at this time. The concept plan was submitted at staffs recommendation to demonstrate how the land might be subdivided and/or developed at its highest and best use. The applicant is in the process of marketing the property to various parties and anticipates a commercial user/buyer in the future. The property is designated as "Commercial" on the 2002 Future Land Use Map, Magic View Subdivision is a rapidly urbanizing area located near the I-84/Eagle Road interchange. The property owners within the subdivision expressed clear intentions during the Comprehensive Plan update to have their 5 -acre lot subdivision transition to non-residential uses. There are existing office and commercial uses immediately north and east of the subject property. Staff is recommending approval of the annexation and zoning request. LOCATION The subject property is located on the south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately 900 feet west of Eagle Road/SH 55. The physical property address is 2855 E. Magic View Drive. The lot is located in Township 3 North, Range 1 East, Section 17. gZ-04-ON Magic view Ct AZdcc Mayor, Council, and P&Z Commission Hearing Date: May 6, 2004 Page 2 SURROUNDING PROPERTIES North — Professional office building, zoned L -O, and a 5 -acre lot with a single family residence, zoned RUT (Ada County). South — Fallon Greens Subdivision (3 -lot commercial sub with a hotel and future office lots), zoned C- G, and an 8.5 -acre lot, zoned RUT (Ada County). East — Midvalley Center Subdivision (5 -lot commercial sub with medical and professional office uses), zoned C -G. West — 5 -acre lot in Magic View Subdivision with a single family residence, zoned RUT (Ada County). OWNERS OF RECORD The property owners of record are Robert B. and Kathleen E. Barnes; Robert Barnes has provided notarized consent for Mr. Hellhake to submit the subject application. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Commercial.' The purpose of this designation is to "provide a full range of commercial and retail to serve area residents and visitors. Uses include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices." (See Chapter VII, pg. 99.) The requested C -G zoning generally conforms to this stated purpose and intent of the `Commercial' designation. There may be some allowable uses in the C -G zone that could be inappropriate for this lot since it does not have frontage on either a collector or arterial, but the general intent and purpose is compatible and is consistent with the other lots in Magic View Subdivision that have already been annexed. Mr. Hellhake listed several specific Comprehensive Plan policies that he felt supported the annexation (see #7, pg. 2 of the application). Items #7.A and 7.13 do not directly relate to this annexation. However, Items #7 C — E are relevant and staff agrees that these policies are applicable to this application. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan does demonstrate an intention to have it annexed and zoned as different from the present zoning designation (RUT -Ada County). AZ -04.009 Magic view Ct AZ.duc Mayor, Council, and P&Z Commission Hearing Date: May 6, 2004 Page 3 C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning — for example, a residential area turning into commercial area by means of conditional use permits; The applicant has no immediate plans or formal plat application explaining how the property will be developed at the time of annexation. Staff finds the property has sufficient buildable area to develop in a manner allowed under the proposed C -G zoning. In addition, the conceptual layout submitted with the exhibit demonstrates one of several configurations in which the lot could be re -developed. The property is an existing rural residential use that is transitioning to commercial type uses. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezone!. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is in transition from low density residential uses to commercial/urban type uses. Developments to the east and northeast in close proximity to the subject lot include Texaco and Chevron fuel stations and convenience stores, a credit union and bank, a 30,300 sq. ft. multi -tenant office building, Subway and medical/clinical services. Two new hotels are currently under construction to the south. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately '/4 mile to the west that connects with Magic View Drive and is largely built -out at a medium density. Staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; No specific uses are proposed with this application. However, staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the existing character of the Magic View Subdivision area. The Comprehensive Plan envisions the north side of Magic View Drive, adjacent to Greenhill Estates Subdivision, to be office type uses and the south side of Magic View Drive to be more intense, commercial type uses. The zoning change to C -G would fit within the character of this plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the intended uses on the subject property should not be hazardous or disturbing to existing or future neighboring uses if all development and landscape buffer ordinances are exercised. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. Magic view Ct AZAOC Mayor, Council, and P&Z Commission Hearing Date: May 6, 2004 Page 4 G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that both municipal water and sanitary sewer service are available to the subject property. ACHD staff approved the proposed application in April. Meridian Fire, Police and Parks Departments were represented at the Comments Meeting held in April for this application and provided comment that services could be provided. Sanitary Service Company (SSC) currently provides service to adjacent properties in the subdivision. The Commission and Council will need to reference any written or verbal testimony submitted by Nampa Meridian Irrigation District, Idaho Power, and other service providers. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will finance the future extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning alone will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that any future commercial use will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use. The purpose of the C -G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building." As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. MCC 11-16-4 provides the P&Z or some written commitment for all future uses to more fully comply with this finding. That being said, staff does not believe a Development Agreement is necessary given the location (internal to a subdivision and not on an arterial), limited size and developable area of the subject lot. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application, which must be reviewed and approved by ACRD. The concept plan submitted with the application shows a single point of access on to Magic View Drive. Standards for future driveway offsets Az -04-008 Mao view a AZ.duc Mayor, Council, and P&Z Commission Hearing Date: May 6, 2004 Page 5 will be determined by ACHD policy. Staff finds that the property can be designed to not create significant interference with traffic on the surrounding public streets. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the proposed annexation will not result in the destruction, loss or damage of natural features. There are a few mature trees that should be protected around the existing residence. However, the area intended for future development appears to be void of significant existing trees. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992). Staff finds that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base available to future developers and commercial uses; • increased property tax revenue; • the application substantially complies with the Comprehensive Plan. SPECIAL CONSIDERATIONS Existing Residence: The subject property has an existing residence (assessed value of approximately $352,000). Upon annexation and zoning of the property to C -G, the residence would become a legal non -conforming use. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structure will be permitted except through a CUP and except where the use of the structure changes to a use permitted in the C -G zone. YY 14 i ulul .Y 1. The legal description, stamped approved by the Public Works Department on March 18, 2004, meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Any future development of this property shall comply with the International Fire Code or the fire code adopted by the City of Meridian at the time of construction. 5. The applicant shall submit all future site plans to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). AZ4)4-008 Magic View AZ.doc Mayor, Council, and P&Z Commission Hearing Date: May 6, 2004 Page 6 6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development plans and submit stamped (approved) plans with the Certificate of Zoning Compliance application. rmmuuyf I 1 With the comments noted in this report, staff recommends approval of this application. AZ -04-008 Magic view Q AZ do ACCHD NVI. Ada County Highway Hi hwa District John S. Franden, President 3775 N. Adams Street Dave E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens. Commissioner April 13, 2004 To: Robert & Kathleen Barnes 1994 W. Amity Road Meridian, Idaho 83642 Subject: MAZ04-008 Annexation and rezone 2855 Magic View Drive varoen airy w rin4-o4aa Phone(208)387-6100 FAX (208) 387-6391 E-mail: RECEIVED APR 15 2004 City of Meridian City Clerk Office On April 13, 2004, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, Ct�-yA,t,, Joyce Newton Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Meridian Construction Services Drainage Utilities Larry Hellhake 3837 N. Holl Drive Eagle, Idaho 83616 Civil Survey Consultants 100 S. Adkins Way Meridian, Idaho 83642 Ada County Highway District Riehl-of-Wav & Planning Review Division This application does not require Commission action and is approved at the staff level on Tuesday, April 13, 2004. Tech Review for this item was held with the applicant on Friday, April 9, 2004. Please refer to the attachment for appeal guidelines. Staff contact: Joyce Newton: phone 208-387-6171, fax 208-387-6393 and e-maYjnewton@achd.ada.id.us File Numbers: MAZ04-008/Annexation and rezone Site address: 2855 Magic View Drive Lot 9 of Magic View Subdivision Amended Owner: Robert & Kathleen Barnes 1994 W. Amity Road Meridian, Idaho 83642 Applicant: Larry Hellhake 3837 N. Holl Drive Eagle, Idaho 83616 Representative: Civil Survey Consultants 100 S. Adkins Way Meridian, Idaho 83642 Application Information: The Ada County Highway District (ACHD) staff has received the above referenced application requesting annexation and rezone approval for a 5.45 -acre site. The site is located on the south side of Magic View Drive approximately 1,000 -feet west of Eagle Road. Acreage: 5.45 -acres Current Zoning: RUT (Rural Urban Transition) Proposed Zoning: C -G (General Retail and Service Commercial) Current Use: Agriculture Proposed Use: Office, Commercial Vicinity Map MAi040051Anneaatlon and rwone 2655 Ma0ic View Drive A. Findings of Fact 1. Trip Generation: This development is estimated to generate additional vehicle trips per day (10 -existing) and will be based on the Institute of Transportation Engineers Trip Generation Manual. The actual trips will be determined when the District receives a development application. I 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee will be calculated at the time a development application or the issuance of a building permit is received by the District. The Commission adopted an extraordinary fee based on trip generation rates for this area. The Commission determined that the Extraordinary Impact Fee would be $43.19 per trip. Therefore, this property should pay an overlay fee to the District for the reimbursement of cost to construct and dedicate right-of-way for the road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. Traffic Impact Study: A traffic impact study is not required with the rezone application. A Transportation Impact Study (TIS) may be required at the discretion of the Ada County Highway District when a development application is received (District policy 7106.1). The District must consider the impacts of a proposed development on nearby land uses and transportation facilities. A study will be required if the proposed development contains more that 100 -dwellings units; more than 30,000 square feet of commercial use; or more than 50,000 square feet of industrial or institutional use. If a project has special circumstances associated with it, the District may require an impact study, even if the aforementioned criteria are not met. The District may waive the requirement. 4. Site Information: There is a residential dwelling and out buildings on a portion of the site with the remainder being undeveloped. 5. Description of Adjacent Surrounding Area including Zoning: a. North: Mystery View Subdivision/ Residential/Office/Commercial/L-0 b. South: Fallon Greens Subdivision/Office/Commercial/C-G c. East: Mid Valley Subdivision/Office/Commercial/C-G d. West: Magic View Subdivision Amended/Residential/Commercial/RUT 6. Impacted Roadways Magic View Drive: Frontage: Approximately 408 -feet Functional Street Classification: Local Commercial Speed limit: 25 -mph 2 Roadway Improvements Adjacent To and Near the Site Magic View Drive is a local commercial roadway with two travel lanes with no curb, gutter or sidewalk abutting the site. Developers of abutting properties in this area have been required to bring Magic View Drive up to adopted standards that include curb, gutter, sidewalk and pavement match to one- half of a 40 -foot street section. 8. Existing Right -of -Way Magic View Drive has 50 -feet of existing right-of-way (25 -feet from centerline). 9. Existing Access to the Site The site a half circle driveway for the residence on Magic View Drive located 50 -feet west of the east property line with a center island approximately 50 -feet in width. The remainder of the site does not have any delineated access points. 10. Site History District staff has not reviewed this site as an application or prepared a report in the past year. 11. Capital Improvements Plan/Five Year Work Program This location is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements. 12. Other Development in Area On September 9, 2001, the Ada County Highway District (ACRD) Commission reviewed an application requesting preliminary plat (Mystery View Subdivision) approval for a 3 -lot commercial subdivision on 5.21 -acres. The 5.21 -acre site is located on the northwest corner of South Allen Street and Magic View Drive. This development is estimated to generate 164 additional vehicle trips per day (1,828 existing) based on the Institute of Transportation Engineers Trip Generation Manual. On January 18, 2002, the Ada County Highway District (ACHD) staff reviewed an application requesting conditional use (MCUP01-045) approval to construct a 1,743 -square foot fast food restaurant with a drive-thru. The 0.97 -acre site is located on the northeast corner of Magic View Drive and Allen Street. This development was estimated to generate 866 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. On January 18, 2002, the Ada County Highway District (ACHD) Commission reviewed an application requesting preliminary plat approval to plat a 3 lot commercial subdivision (Hampton Inn Subdivision) and conditional use approval to construct a 92 -room hotel complex, an 18,000-9quare foot office building and a 7,500 square -foot office building. On October 8, 2003 District staff revised the original report to reflect driveway locations. The 4.10 -acre site is located on the northwest side of the intersection of Allen Street and Freeway Drive, approximately '/< mile east of Eagle Road. This development was estimated to generate 1034 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. B. Findings for Consideration: If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. Right -of -Way District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure 72 -FIB). This right-of-way allows for the construction of a 3 -lane roadway with vertical curb, gutter and a 5 -foot wide detached concrete sidewalk. The applicant should be required to dedicate 27 -feet of right-of-way from the centerline of Magic View Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up 'to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Magic View Drive is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Street Sections District policy 7202.8 and 72-1716, requires roadways abutting commercial developments to be constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way. The applicant should construct vertical curb, gutter, 5 -foot wide detached concrete sidewalk and match paving on Magic View Drive abutting the parcel. Improvements shall be constructed to one- half of a 40 -foot street section. Minor Improvements District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant should be required to repair any existing damaged sidewalk curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises, and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant should be required to work with the Development staff to correct any deficiencies abutting the site. 4. Driveways District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). In accordance with District policy the applicant should be required to provide a minimum offset for any driveway of 50 -feet from a controlled or uncontrolled intersection. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. The applicant should be required to pave the driveway its full width (maximum width of 35 -feet) and at least 30 -feet into the site beyond the edge of pavement Magic View Drive. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 12 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. 5. Impact Fees There will be an impact fee that is assessed and due prior to issuance of a building permit. The impact fee will be calculated at the time a development application or the issuance of a building permit is received by the District. The Commission adopted an extraordinary fee based on trip generation rates for this area. The Commission determined that the Extraordinary Impact Fee would be $43.19 per trip. Therefore, this property should pay an overlay fee to the District for the reimbursement of cost to construct and dedicate right-of-way for the road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. The impact fee will be calculated at the time a development application or the issuance of a building permit is received by the District. C. Site Specific Conditions of Approval If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. •11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 0 Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. i a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 +c v DRIVE TL r� r f31 tw 1 -STORY nWV W.C 1• R nu r r Y R r ! f / R / tSTORY O.DW SF. '-STORY r 5 SAM SF. / r � I � / Q9 v r r *OTCRv 9. = OF. � r nbard-ConradArdi,PA .o.�,.®-woro - meam aaiw ,ss, cme,.m. OWN. wean OM PHOt-6aa19Ca-06!i FAX (aaalaMi00¢ 1 MAYOR -°" LEGAL DEPARTMENT Tammy de Weerd CITY OF ` D (208) 466-9272 - FAX 466-4405 PARKS &RECREATION CITY COUNCIL MEMBERS( (208) 888-3579 - Fax 898-5501 Shaun Wardle c 6 2804 IDAH PUBLIC WORKS (208) 898-5500 - Fax 887-1297 William L. M. Nary TP j BUILDING DEPARTMENT Charles M. Rountree CPy L7TT�T A AT re" YL11J1L-11\ (208) 887-2211 • Fax 887-1297 Keith Bird a, 7- _ 19t3 PLANNING &ZONING (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 29, 2004 Transmittal Date: March 25, 2004 Hearing Date: May 6, 2004 File No.: AZ 04-006— Request: Annexation By: Larry Hellhake Location of Property or Project: of 5.22 acres from RUT to C -G zone for Magic View View Drive David Zaremba, P/Z (No VAR, VAC, FP) David Moe, PIZ (No VAR, VAC, FP) Wendy Newton-Huckabay, PfZ (No vAR, vAc) Michael Rohm, P/Z (No VAR, vAc, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department Cit ttomey Ity Engineer City Planner Parks Department Meridian School District (No Fp) Meridian Post Office (Fp/pp onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fp/Pponty) Qwest (FP/PP onty) Intermountain Gas (FP/pPonly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No Fp) Ada County (Annexation onty) Ada County Land Records (FP/PPonry) Meridian Development Corporation Historical Preservation Commission MAR 3 12004 Oits/ Of Meridian =rk Office 33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird u IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 r; i'anS PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 29, 2004 Transmittal Date: March 25, 2004 Hearing Date: May 6, 2004 File No.: AZ 04-008 Request: Annexation and Zoning of 5.22 acres from RUT to C -G zone for Magic View Court By: Larry Hellhake Location of Property or Project: 2855 Magic View Drive David Zaremba, P/Z (No VAR, VAC, Fp) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, PIZ (No vAR, vAc) Michael Rohm, P/Z (No VAR, vAC, FP) Keith Borup, P/Z (No vAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Kelth Bird, C/C aun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, Fp) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No Fp) Meridian Post Office (FP/PPoMy) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fplpp only) Qwest (FP/PP only) Intermountain Gas (FPiPponly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No Fp) Ada County (Annexation only) Ada County Land Records (FpA p oniy) Meridian Development Corporation Historical Preservation Cnmmk¢clnn RECEIVED MAR 3 12004 City Of Meridian r„ l t i City Clerk Office 33 EAST O AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City GVerk�`Oi�tg�'"(�jggg;,'��,',Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 RECEIVED APR 16 2004 City of Meridian City Clerk Office 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 13 April, 2004 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 William G. Berg Jr. City of ueridian 33 East Idaho Ave. Meridian, ID 83642 RE: AZ 04-008; Annexation and Zoning for Magic View Court Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Annexation and Zoning of 5.22 acres from RUT to C -G zone for Magic View Court. Sincerely, John P. Anderson Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA/dbg C: Board of Directors Secretary/Treasurer Asst, Water Superintendent Rider 4 File - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 LARRY HELLHAKE EAL MAVE-IMMM Commercial and Investment Real Estate • Development Services TO: MERIDIAN CITY CLERK FROM: LARRY HELLHAKE .RECEDE Z " CITY OF MERIDIAN RE: POSTING OF SIGN ON 2855 MAGIC VIEW DRIVE I CERTIFY THAT I PLACED THE SIGN PICTURED ON THE ATTACHMENT ON THE ABOVE REFERENCED PROPERTY AP 4, 2004 AT THE LOCATION SHOWN ON THE PLAT. -Z7—©`` Larry Helihaye ACKNOWLEDGMENT - Individual STATE OF IDAHO County of ADA • ss. On this 27TH day of APRIL CAMILLE A. BALDWIN in the year of 2004 before me personallyappeared LARRY HELLHAKE notary public knows Iq�e• fnd to me to be the person _ whose name Is subscribed to I ent, and acknowledged to me th he executed the same. Notary Public: , * iz: MIDDLETOH, D Residing at: 'i l'BLIC%p i• . 9 • A eWm p 7/21/2007 •. ID• fission Expires: OF •.....• .artnnissittn E°i -^�.�1• U1065 3837 North Holl Drive Eagle, Idaho 83616 (208) 938-5117 Fax (208) 938-0098 J to -n Z VL I-V `RUT i tl+m1YY YMaM e r,m,r mYtlYY CEO= mmYT. PAId.O1V was. �S f Y YYme'm ..mi.Y C -G 4.m MIYI.19 .11 1 PREPARED BY OWNER PRWECT SURVEY CONSULTANTS; INCROBERT AND KATHLEEN BARNES MAID C VIEW AMENDED 100 S A0KM15 WAY SUM 101 T3N, RTE, SECTION 17 0468 ' � 431 1 ABA COUNTY, lWQ $ VICINITY MAP q � !,Ll, ILI 9� s t _ IBM I 116lYSTEBY Ymnoon � fI �� } enamn axmYm YY.mY 1! C -G i i 1 Wm vow 1 it, L 1 i J to -n Z VL I-V `RUT i tl+m1YY YMaM e r,m,r mYtlYY CEO= mmYT. PAId.O1V was. �S f Y YYme'm ..mi.Y C -G 4.m MIYI.19 .11 1 PREPARED BY OWNER PRWECT SURVEY CONSULTANTS; INCROBERT AND KATHLEEN BARNES MAID C VIEW AMENDED 100 S A0KM15 WAY SUM 101 T3N, RTE, SECTION 17 0468 ' � 431 1 ABA COUNTY, lWQ