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HomeMy WebLinkAboutFred Schuerman MIMI 04-002 MERIDIAN PLANNING & ZONING MEETING May 6, 2004 APPLICANT Fred Schuerman ITEM NO. 1Z REQUEST Public Hearing -Request for removal from the City of Meridian's Area of Impact for Fred Schuerman -west of North Clovberdale Road and north of East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERiDiAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See affidavit of p< Contacted: ,~ ~(' ~J. Emailed: COMMENTS ^ ^~ ~~ rS''`,,, ~' No Comment No Comment See attached comments No Comment Date: p ~ Phone: ~ ~f `~a ~~~~~pH Staff Initiais: MaMerlab presented of public meeflnys shall become properly of the CNy of Meridian. f ~~' .~~~',~'~' Ada County Highway District Dave E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner TO: Fred M. Schuerman 6134 Emerald Street Boise, Idaho 83704 April 9, 2004 SUBJECT: MMI04-002 Removal of Area of Impact Boundary Cloverdale & Fairview 3775 N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellusQACHD.ada.id.us RECEIVED APR 16 2004 City of Meridian City Clerk Office In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of- Way and Development Services Department does not have any site specific requirements for you at this time. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. If you have any questions, please feel free to contact me at (208) 387-6174. Si~ rely, /~~ j ~on Den Ha~rtog` Senior Development Analyst Planning Review Division Right-of-Way and Development Services Cc: Planning & DevelopmenUProject File City of Meridian` Utilities, Drainage, Construction Services Ada County Highway District Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ®Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a "Comply With" letter to the applicant stating that if the development is within platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter: The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan revie~ approval. 7 April, X004 William G. Berg Jr. City Clerk City ofMeridian 33~ i~:~+¢. Meridian, ID 83642 RECET~~:" APR 1 2 2004 City of Meridian, i City Clerk Offi~~ ~~r~a ~c ~u;dia~ ~na~r~ ?~ut~iict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: MI 04-002 for Fred S¢huerman Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Miscellaneous request for removal of the City of Meridian's Area of Impact for Fred Schuerrnan. Thank you, ~~~~~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree a,~? ~,Q ,~' CITY OF y~~~~i~ ' ~.~VIBYlG~1~yI`~ ~~~ t~~ IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 46G-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-22]1 • Pax 887-1297 Kei[h Bird ~`"°~k TRens~ac Vr~" cm~e PLANNING&ZONING i1B03 (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 26, 2004 Hearing Date: May 6, 2004 File No.: MI 04-002 Request: Miscellaneous request for removal of the City of Meridian's Area of Impact for Fred Schuerman By: Fred Schuemlan Location of Property or Project: west of North Cloverdale Road and north of East Fairview Avenue David Zaremba, P/Z (NO VAR, VAC, FPJ David Moe, P/Z (No VAR, VAC, FPJ Wendy Newton-Huckabay, P/Z (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 K ' Bird, C/C aun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department Historical Preservation Commission Meridian School District (No FPJ MeridiadPostOffice (FP/PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP Doty) Qwest (FP/PP only) Intermountain Gas (FP/PP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FPJ AdaCOUnty (Annexa6ononlyJ Ada County Land Records (FP/PP oMy) Meridian Development Corporation City Attorney Your Concise City Engineer City Planner .~~~ ~ ~ ~ RECEIVED '"'._± S.`"~ ~:~~' !k%Y`~,~~~.~I~~~1ti MAR 3 12004 _,,'~~_; ~';r"e~~~:~ ~~~'PT. rC,'i~t-y, ~O!f~,Myeridian 33 EAST IDAHO AVENUE • MERIDIAN, IH~X~FIC72iiK4~~~) 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 ,~~ tr ~~,,QQ ,,~~'' Lirt of I'i~ ~../VlBY1G~1G~Y1~ ~' 11 1D.AH0 LEGAL DEPARTMENT (208) 466-9272 • FAX 466-440 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-(297 BUILDING DEPARTMENT (208) 887-221 r • Fax 887-1297 Keith Bird ~~` ""Tae.vsunevn"~~ sixu PLANNING&ZONING ,1903 (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: 1Nill Berg, City Clerk, by: 2004 Transmittal Date: March 26, 2004 File No.: MI 04-002 Request: Miscellaneous request for removal of the City of Meridian's Area of Im Schuerman By: Fred Schuerman Location of Property or Project: west of North Cloverdale Road and north of Fist Fairview Avenue David Zaremba, P/Z (No VAR, VAC, FPJ David Moe, P/Z (No VAR, VAC, FPJ Wendy Newton-Huckabay, P/Z (No VAR, vac/ Michael Rohm, P/Z (No VAR, VAC, FPJ 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, FPJ Building Department Fire Department Police Department City Attorney Ci ngineer ity Planner Parks Department Hearing Date: May 6; 2004 Meridian School District (No FP) Meridian Post Office (FP/PP Only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP Dory) QWeSt (FP/PP on1YJ Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FPJ Ade County (Annexation Dory) Ada County Land Records (FP/PP Dory) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: ~Jr.F B:_ ' A.'1.~ M ~.d.~~ MA4 3 t 2004 (~ ~t::• (~:ehTex`iaa:iJ 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888d,~i1+~3) a u;-',, ~,`i~Fiec- City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 ~r- ~~~, ~..~~~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ~,;ity Of 1~leridian City Clerk Office (name) __ (address) _ - -_____ i~~ ~ being first duly sworn upon oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: ~~bC-~~GY_ ~ ~~!-(titC~aU~ ~oL.~~~t~~a2lkt-~~ ~ I , to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City ofMeridian and it's employees harmless from any claim ar liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ s --day of Ivl -~ , 20 0~ {Signature) AND SWORN to before me the day and ~v v i ~~~ A~ Y t~ ~ ~~ G = n ~ a PU811 a: O °O°a u~, ~°°qcn°~ 9Q'~~ °aa4_ 1 ?E OF 1.P`,e first above written. Rev. 4/29/03 (name) (address) My Commission Expires: f ~~ SCHUERMAN HOMES, INC. 6134 EMERALD ST BOISE, ID 83704 Phone: 322-6886 Fax: 322-6887 Fau To: ~], F/aXED From: Fred Schuerman Fax: 888-6854 Date: March 15, 2004 -Pflati~: -- -pages: Re: CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle •Comments: Here is the affidavit of legal interest to accompany the application for the modification of the boundaries of City of Meridian "Area of Impact" that has been previously submitted. The original will follow in the mail. MAYOR Tammy da W seed CT11' COUNCIL MEMBERS Keith Bird William L.M. Nary snalm warms Charles M. Roumree ~: ~ ,~' CITY OF /VIPYlr~l~'Y! . _ tl 1DAH0 ~. ~fz ~, ~ ~-~~ i ~~~ STAFF REPORT: Transmittal Date: May 3, 2004 Hearing Date: May 6, 2004 To: Mayor, City Council and Planning & Zoning Commission RE CE NE From: Bruce Freckleton, Assistant to City Enginee~ MqY 0 3 2004 Craig Hood, Associate City Planner ~/~ ~~"'~~~ Re: Area of Impact Boundary Adjustment City Of Meridian City Clerk Office Miscellaneous Application to Change the Area of Impact Boundary Between Meridian and Boise, 1.6 Acres at 4380 East Fairview Avenue, by Fred M. Schuerman (File No. MI-09-002). We have reviewed the above referenced submittal and offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Fred M. Schuerman, has requested that 1.6 acres of currently zoned C2 property (Ada County) be removed from the City of Meridian's Area of Impact (AOI) and added to the City of Boise's Area of Impact. The subject property is located on the north side of Fairview Avenue, approximately 300-feet east of Venture Avenue. This site abuts the incorporated limits of Boise (east) and county zoned property to the north, south, and west. The applicant owns 16 acres of C-2D zoned property (Boise City) adjacent to the subject 1.6 acres and wishes to develop all of the property under one jurisdiction. The applicant would like to provide sewer and water to the existing businesses/structures on the subject 1.6 acres. There aze multiple commercial businesses on this site currently. The request to be removed from the City's AOI is based on the availability of utilities, and other services to the site (see applicant's letter and staff analysis below). This site is not currently contiguous to the City of Meridian, and is not eligible for annexation into the City at this time. MI-aFaa1 ScLwvom AOl Aoc Planning & Zoning Commission/Mayor & City Council May 6, 2004 Page 2 This application is necessary to comply with Title 67 of Idaho State Code for changes to the AOI and to begin the renegotiation process with Ada County. This application complies with the City's standards for noticing and hearing requirements. LOCATION The subject property is located on the north side of Fairview Avenue, approximately 300-feet east of Venture Avenue, in Section 4, Township 3 North, Range 1 East. The mailing address for this property is 4380 E. Fairview Avenue. CURRENT OWNERS OF RECORD Fred M. Schuerman is the current owner of the subject property and he has submitted an affidavit of legal imerest to allow the appiication to be submitted on the subject property. SURROUNDING PROPERTIES/[ISES North: Venture Subdivision, caned RUT (Ada County) Soirth: Terrace Lawns Memorial Gardens, zoned RUT (Ada County) East: Commercial Development, caned C-2D (Boise City) West: Vacant, zoned RUT (Ada County) In November of 2002, the City Council determined that the annexation and zoning of the property directly west of the subject site was not in the best interest of the City at that time. Due to concerns of neighbors, a lack of a site plan and traffic concerns, the City denied A7.,-02-O15, a request to annex and zone 1.7 acres into the City. Because AZ-02-015 was denied, the subject site does not currently have a path of annexation to the City of Meridian. MISCELLANEOUS The current Fee Schedule for the Planning & Zoning Department does not include area of impact amendments as a specific application. The City has historically processed changes to the area of impact with a miscellaneous application. Typically, there is quite a bit of staff time involved with processing changes to the area of impact. There are meetings with Ada County to renegotiate the AOI and staff reports/letters that must be +composed. As a side to this application, staff is requesting that the City assess fees for this application, and all future AOI change requests, to reflect the amount of time incurred by staffto process and track AOI change requests through the process. Although staff does not process many of these applications, staff recommeruls that the City adopt anew/revised Fee Schedule Ordinance that establishes fees for changes to the area of impact. Pending the outcome of the subject area of impact boundary adjustment, staff will prepare documents that facilitate amending City Code with a new area of impact ordinance. FINDIlYGS AND RECOMMENDATION According to Idaho Code, prior to renegotiation of the area of impact, the Planning and Zoning Commission shall make a recommendation to the City Council. Staff has provided the following analysis to assist the Planning & Zoning Commission in its recommendation. All-0LW2 Sclmmnan.AOl.doc Planning & Zoning CommissionlMayor & City Council May 6, 2004 Page 3 Sammy Sewer & Water Service: Currently an eight-inch diameter sanitary sewer main and twelve-inch diameter water main are on the south side of Fairview Avemze at the comer of the Wal Mart site. These utilities will need to be extended to the east to provide service to the subject site. Staff neither recommends approval or denial of the proposed area of impact boundary adjustment. The Planning and Zoning Commission should consider any public testimony (written and verbal) presented during the public hearing in order to make a recommendation on the application to the City Council. MI-6f~007 SfLue~mmi.AOLdac CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE May 6, 2004 ITEM # 12 PROJECT NUMBER MI 04-002 PROJECT NAME Fred Schuerman NAME (PLEASE PRINT) FOR AGAINST NEUTRAL