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RZ04-018
MERIDIAN PLANNING & ZONING MEETING
December 16, 2004
APPLICANT Irma Jean Phillips ITEM NO.
REQUEST Public Hearing: Rezone of.74 acres from L-O to C-C zone for Kinetico
Quality Systems of Treasure Valley - 544 West Cherry Lane
5
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See attached Staff Comments
CITY WATER DEPT:
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CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
No Comment
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:
Contacted: -4' M III.~
Emailed:
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Date: ~1 Phone: ~ S- - D~L(~~
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
c:M'e~;diâÌt
IDAHO
LEGAL DEPARTMENT
(208) 466-9272 'Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
MEMORANDUM:
Transmittal Date: December 9,2004
Hearing Date: December 16, 2004
To:
Mayor, City Council and Planning & Zoning Commission
Josh Wilson, Associate City Planner t!~ ~
Bruce Freckleton, Development Se~ ~anager ~
Kinetico Ouality Svstems
RECEIVED
DEtUJM
Cìt,yOfMeridie
City Clerk om~
From:
Re:
.
Request for a Rezone of 0.74 acres from L-O (Limited Office) to C-C
(Community Business), by Irma Jean Phillips (File No. RZ-O4-018).
We have reviewed this submittal and ojjèr the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The applicant, Irma Jean Phillips, has requested approval of a rezone of O. 74 acres ITom L-O to C-C.
A conceptual site plan has been submitted by the applicant for the future development of this site.
Access to the site will be provided via Cherry Lane ITom an existing curb cut. The applicant is not
specifically proposing to install any site improvements with the subject rezone application. The
applicant will be required to submit for a Certificate of Zoning Compliance (CZC) which, when
processed, will require the applicant to make site improvements, including parking and landscaping,
in accordance with Meridian City Code.
Due to the commercial development along Cherry Lane in the vicinity ofthis property, the
existing commercial zoning of the property to the east, and the commercial designation in the
Comprehensive Plan for this area, the applicant's request to rezone the property to C-C zoning is
compatible with the desired land uses for that area.
Staff is recommending approval of the subject rezone request to C-C, with the comments and
conditions stated in this report.
RZ-04-018
Kinetico.RZ
Planning & Zoning Commission/Mayor & City Council
Kinetico Quality Systems
Page 2
LOCATION & SURROUNDING USES
The subject property is located on the north side of W. Cherry Lane, east of W. Sth Street in
Meridian. The following uses surround the subject property:
North - Existing Residences, Meridian Manor Subdivision, zoned R-4.
South -Professional offices, zoned L-O and an existing residence, zoned R-4.
East - Parking lot for XL Hospice, zoned C-N.
West - Existing apartment building, zoned R-S.
OWNER OF RECORD
The owner of record is Irma Jean Phillips, who has given consent for the applicant to submit the
requested applications.
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each proposed
zoning amendment in terms ofthefollowing standards and shallfind adequate evidence answering
the following questions about the proposed zoning amendment (11-15-11):
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 fmds that the requested Community Business (C-C) zoning designation is in accord
with the Comprehensive Plan's Future Land Use Map, which delineates the subject property
as "Commercial". The text of the Comprehensive Plan (page 99) supports a full range of
commercial and retail uses in the commercial zone, including offices, services, and retail.
B.
Is the area included in the zoning amendment intended to be re-zoned in the future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future.
C.
Is the area included in the zoning amendment intended to be developed in the fashion
that would be allowed under the new zoning;
Staff finds that the proposed retail use is allowed in the proposed C-C zone. The applicant
has submitted a written statement regarding the proposed use, which states the following:
". ...a neighborhood friendly business that is retail in nature but has minimal site visits by
RZ-04-018
Kinetico.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 3
customers. Most of the business activity takes place at customer's homes with the business
site used for supporting office activity, light retail of accessory products, and storage of the
product that is installed into customer's homes."
Meridian City Code ll-19-I.A states that "No building or other structure shall be erected,
moved, added to or structurally altered, nor shall any building, structure or land be
established or changed in use without a certificate of zoning compliance issued by the
Administrator." A Certificate of Zoning Compliance (CZC) will be required prior to
issuance of a building permit or occupancy of the retail business.
Staff has concerns about the conceptual site plan submitted with the application and the
ability of the applicant to meet Meridian City Code requirements for site improvements. The
required land use buffer between the proposed commercial use and the single family
residences to the north is 25-feet, which would eliminate approximately half of the proposed
parking area in the rear of the building. A 20-foot buffer is required along the western
property line between the proposed business and the existing apartment building.
Additionally, it is not clear ITom the information provided with the application whether or
not the applicant can provide enough required parking for the proposed business. Meridian
City Code 11-13-5 requires 1 parking space per 200 sq. ft. for retail, 1 parking space per 400
sq. ft. for office, and 1 parking space per 1,000 sq. ft., plus 1 for each vehicle used in the
conduct of the enterprise, for storage areas. Staff requests that the applicant address the
adequacy of the property to meet buffering and parking requirements at the public
hearing.
D.
Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned;
Staff finds that the City's Comprehensive Plan has provided the applicant with the ability to
request the C-C zone for the subject property. Much of Cherry Lane in the vicinity has
already redeveloped from residential to office or commercial uses.
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;
Staff finds that the proposed development is designed in a manner that will be harmonious
with and appropriate in appearance with the existing neighborhood. The applicant proposes
to use the existing structure and anticipates making only site improvements such as parking.
RZ-Q4-018
Kinetico.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 4
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existing or future
neighboring uses, if the required land use buffers can be provided within the restraints ofthe
site. Through the Comprehensive Plan process, the City determined that commercial
development is appropriate for the area. Any future change of use on the property that may
have a significant impact on the surrounding properties will require conditional use approval
under current ordinances, and adjoining property owners will have an opportunity to
comment.
Staff anticipates that the proposed retail building use will not be hazardous or disturbing to
the neighboring uses. The Commission and Council should consider the applicant's
responses to staff concerns and all public testimony, oral and written, before making this
finding.
G.
Will be served adequately by essential public facilities and services such as highways,
street, police, and fIre protection, drainage structures, refuse disposal, water, sewer or
that the person responsible for the establishment of proposed conditional use shall be
able to provide adequately any such service;
On December 4, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments, staff
finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written and/or
verbal testimony submitted by any public service provider, regarding their ability to
adequately service this project.
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;
Staff finds that the requested uses will not create excessive additional requirements at public
costs for public facilities and services. Additionally, staff finds that the proposed rezone
would not be detrimental to the economic welfare of the community.
I.
Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
RZ-04-O 18
Kinetico.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 5
J.
K.
Staff finds that the proposed C-C zoning designation of the property does not inherently
allow uses that will generate activities, processes, materials, equipment, and conditions that
are detrimental to the general welfare ofthe community.
Will 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 the proposed C-C zoning will not interfere with general traffic patterns on any
public streets. A stubbed asphalt drive for cross-access will be required to the parking lot to
the east, in anticipation of future commercial development. Please refer to the ACHD staff
report for a full report on traffic issues.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of
this conditional use. Staff has not identified any natural or scenic features on the site.
L.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by allowing a
property owner to make improvements to the property for re-development that would
otherwise not be allowed without the rezone.
SPECIAL CONSIDERATIONS
1.
Cross-Access: The applicant should be required to provide cross access to the parking lot on
the commercially zoned lot to the east to facilitate future development. An appropriate
means of doing this is to provide a stubbed asphalt drive which abuts the eastern property
line. The applicant should also provide a cross access easement to benefit the adjacent
property.
2.
Hours of Operation: In the applicant's letter, the applicant only states that the proposed
development will be a "quiet day use only business". Because this site abuts single-family
residences, staff is recommending that the hours of operation for businesses on this site be
limited through a Development Agreement. To rnitigate the potential detrimental aspects ofa
future commercial use(s) on adjacent residences, staff is recommending that the hours of
operation be limited from 7 am to 7 pm. See Site Specific Condition #3 below.
3.
Sanitary sewer and water service: The current residence is serviced by existing service lines
RZ-04-0IB
Kinetlco.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 6
to the City of Meridian's domestic water and sewer systems. The condition of these services
is unknown at this time, nor do we know whether they adequate to provide the need service
to the proposed change in use. Applicant should coordinate with the Public Works
Department for service prior to the issuance of the Certificate of Zoning Compliance.
SITE SPECIFIC CONDITIONS (Rezone)
1.
The legal description submitted with the application is accurate and meets the requirements
of the City of Meridian and State Tax Commission.
2.
All development on said property shall comply with Meridian City Code.
3.
"Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the CitY Attorney. Bill
Nary. at 888-4433 to initiate this process. The DA shall incorporate the following:
. Cross access to the parking lot to the east shall be provided in the form of a
stubbed asphalt drive. The applicant shall also provide a cross access
easement to benefit the adjacent property.
. Limit the hours of operation from 7 a.m. to 7 p.m.
. Any other conditions desired by the Commission and Council.
4.
A Certificate of Zoning Compliance (CZC) application shall be submitted for approval
prior to occupancy of the retail business.
Fire Department Conditions
1. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
2.
The phasing plan may require that any roadway greater than ISO' in length
that is not provided with an outlet shall be required to have an approved turn around.
3.
All entrance and internal roads shall have a turning radius of 28' inside and
RZ-O4-018
Kinetlco.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 7
4.
5.
6.
7.
8.
9.
48' outside radius.
Provide a 20' wide Fire Lane for all internal & external roadways.
Operational fire hydrants and temporary or pennanent street signs are
combustible construction begins.
required before
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
Commercial and office occupancies will require a fire-flow consistent with the Intemational
Fire Code to service the proposed project. Fire hydrants shall be placed an average 0£300'
apart.
The office/commercial lot will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department
has experienced 2397 responses in the year 2003. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in
the year 2005 and 3800 by the year 2010.
Maintain a separation of 5' from the building to the dumpster enclosure.
10.
Provide a Knoxbox entry system for the complex.
11.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
12.
All portions of the buildings located on this project must be within 150' ofa paved surface as
measured around the perimeter of the building.
13.
Provide exterior egress lighting as required by the International Building & Fire Codes.
14.
All Common driveways shall be straight or have a turning radius of28' inside and 48' outside
and shall have a clear driving surface which is 20' wide.
15.
Any chemical storage must comply with International Fire Code, Chapter 27.
16.
Fire hydrants shall be no further than 400' ftom the most remote portions of the building.
Sanitarv Services Comment:
RZ-04-()l8
Kinetico.RZ
Planning & Zoning CommissionlMayor & City Council
Kinetico Quality Systems
Page 8
1.
Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
RECOMMENDATION
Staff recommends resolving the required findings related to the development of the property in the
fashion that would be allowed under the new zoning and whether it will be disturbing to existing or
future neighborhood uses first. Upon resolution of those issues, staffrecommendsapproval with the
conditions contained in this report.
RZ-O4-018
Kinetico.RZ
--'ø>
Ada County Highway District
John S. Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
3775 N. Adams Street
Garden City 10 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
December 8, 2004
RECEIVED
DEC f 0 2004
To:
Irma Jean Phillips
544 West Cherry Lane
Meridian Idaho 83642
Subject:
MRZ04-018
Rezone
544 West Cherry Lane
City of Meridian
City Clerk Office
On December 7, 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 208-387-6177.
Andrea N. Tuning
Planner III
Right-of-way & Development Services, Planning Division
CC:
Project file, Construction Services, Drainage, Utilities
City of Meridian
....;';~'"
. ,ø. Ada County Highway District
Right-of Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level on Tuesday
December 7, 2004. Tech Review for this item was held with the applicant on Friday December 3, 2004.
Please refer to the attachment for appeal guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone,
208-387-6393-fax, atunina(â1achd.ada.id.us
File Numbers:
MRZO4-018 - Rezone
Site address:
544 West Cherry Lane
Owner/Applicant:
Irma Jean Phillips
544 West Cherry Lane
Meridian, Idaho 83642
Representative:
Medical Design Group
David Davies
2716 Westland Place
Boise, Idaho 83704
Application Information:
The applicant has submitted an application to the City of Meridian requesting rezone approval. The applicant
is proposing to rezone the O.74-acre site from L-O to C-C. The site is located on the north side of Cherry
Lane across from Crestmont Drive in Meridian, Idaho.
Acreage: O.74-acres
Current Zoning: L-O
Proposed Zoning: C-C
Vicinity Map
A.
1.
2.
3.
4.
5.
6.
7.
Findings of Fact
Trip Generation: This development is estimated to generate 17 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
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.
Traffic Impact Study: A traffic impact study was not required with this application.
Site Information: The site currently has an existing single-family residence.
Description of Adjacent Surrounding Area:
a. North: Meridian Manor Subdivision (single-family residential subdivision)
b. South: Midtown Square Subdivision (single-family residential subdivision)
c. East: Tedi Subdivision (single-family residential subdivision)
d. West: 0.26-acre and 0.31-acre sites zoned L-O
Impacted Roadways
CherrY Lane:
Frontage: Approximately 150-feet
Functional Street Classification: Principal Arterial
Traffic count: West of Meridian Road was 21,030 on 05-02-00
Level of Service: Better than C
Speed limit: 35 MPH
An acceptable Level of Service for this segment of roadway is a Level of Service E based on the
COMPASS Planning Thresholds
Roadway Improvements Adjacent To and Near the Site
Cherry Lane is improved with 5-traffic lanes with vertical curb, gutter and sidewalk abutting the site.
8.
Existing Right-of-Way
Cherry Lane has a total of 80-feet of right-of-way (40-feet from centerline).
9.
Existing Access to the Site
The site has an existing 18-foot wide curb cut driveway that intersects Cherry Lane approximately 25-
feet west of the east property line.
Site History
The District has not previously reviewed a development application on this site.
10.
11.
Capital Improvements Plan/Five Year Work Program
This segment of Cherry Lane is not included in the District's Five Year Work Program and Capital
Improvements Plan.
B.
Findings for Consideration
1.
Right-of-Way and Sidewalk
District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). This right-of-way
allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks
and bike lanes.
2
2.
District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
Cherry Lane currently has a total of 80-feet of right-of-way (40-feet from centerline) and is improved
with 5-traffic lanes with vertical curb, gutter and sidewalk abutting the site. Typically, the District
requires developments abutting an arterial roadway to dedicate 48-feet of right-of-way from the
centerline of the abutting roadway. Due to the fact that Cherry Lane is fully improved as a 5-lane
roadway with curb, gutter and sidewalk and is not anticipated to be widened in the future, the
applicant should not be required to dedicate any additional right-of-way or construct any additional
street improvements on Cherry Lane at this time.
Driveways
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150-feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36-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.
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 3D-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.
The site currently has an existing 18-foot wide curb cut driveway that intersects Cherry Lane
approximately 25-feet west of the east property line. The applicant is proposing to utilize the existing
18-foot wide curb cut driveway. This driveway is located slightly to the east of the outbound travel
lane from Crestmont Drive. District policy requires driveways on collector and arterial roadways with
a speed limit of 35 MPH to be located in direct alignment with any driveway or street or offset any
driveway or street by a minimum of 150-feet. District policy also requires all driveways on collector
and arterial roadways to be constructed as curb return type driveways. In order to comply with
District policy the applicant should remove the existing 18-foot wide curb cut driveway that intersects
Cherry Lane approximately 25-feet west of the east property line and reconstruct the driveway to be a
curb retum type driveway that is a maximum of 36-feet in width and in alignment with Crestmont
Drive.
3.
Other Access
Cherry Lane is classified as a principal arterial. Other than the access point that has specifically been
approved with this application, direct lot access to Cherry Lane is prohibited.
C.
Site Specific Conditions of Approval
1.
Remove the existing 18-foot wide curb cut driveway that intersects Cherry Lane approximately 25-
feet west of the east property line and reconstruct the driveway to be a curb return type driveway that
is a maximum of 36-feet in width and in alignment with Crestmont Drive.
2.
Other than the access point that has specifically been approved with this application, direct lot access
to Cherry Lane is prohibited.
3.
Comply with all Standard Conditions of Approval.
3
D.
1.
2.
3.
4.
5.
6.
7.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
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.
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.
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.
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.
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 #200, also known as Ada County Highway District Road Impact Fee Ordinance.
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.
9.
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.
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
waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
11.
E.
Conclusions of Law
1.
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.
4
Attachments
1.
2.
3.
Vicinity Map
Site Plan
Appeal Guidelines
5
j
6
Request for Appeal of Staff Decision
1.
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.
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
Development Process Checklist
II
II
I8ISubmit a development application to a City or to the County
I8IThe City or the County will transmit the development application to ACH D
I8IThe ACHD Planning Review Division will receive the development application to review
I8IThe Planning Review Division will do one of the following:
OSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
OSend a "Comply WIth" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also appl:
to this development application.
OWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating thE
proposal for its confonnance to District Policy.
OWrite a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its confonnance to District Policy.
DThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
DFor 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 Revie"
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 pennit from Construction Services (ACHD) for ANY work in the right-of-way, includin¡
but not limited to, driveway approaches, street Improvements and utility cuts.
OPay Impact Fees prior to issuance of building pennit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
0 Driveway or Property Approach(s)
Submit a "Driveway Approach Request" fonn to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week tumaround for this approval.
D Working in the ACHD Right-of-Way
Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction - Pennits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
D Sediment & Erosion Submittal
At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
D Idaho Power Company
Vie Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
D Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
8
Figure 1
MAYOR
Tammy de Weerd
olfe;;dl~n~: '
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
CITY COUNCIL MEMBERS
Shoun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
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: December 9, 2004
Transmittal Date: November 22, 2004 Hearing Date: December 16, 2004
File No.: RZ 04-018
Request: Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of
Treasure Valley
By: Irma Jean Phillips
Location of Property or Project:
544 West Cherry Lane
David Zaremba, P/Z (No FP)
David Moe, PIZ (No FP)
Wendy Newton-Huckabay, P/Z (NoFP)
Michael Rohm, P/Z (No FP)
Keith Borup, P/Z (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Christine Donnell, C/C
Keith Bird, C/C
Shaun Wardle, C/C
Water Department
X Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
-p~n
CITY OF MERIDIAN
STEWATER DEPT.
WA 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642 . (208) 888-4433
City ~lerk_Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
NampaMeridian Irrig. District
Settlers Irrigation District
Idaho Power CO. (FP, PP, CUP)
Qwest (FP/PP only)
Intermountain Gas (FP, PP)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County Land Records
Meridian Development Corporation
-'PÑT
Your Concise Remarks:
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
RECEIVED
DEe 1 6 20i14
City of Meridian
City Clerk Office
December 16, 2004
ITEM #
5
DATE
PROJECT NUMBER
RZ 04-018
Kinetico Quality Systems of Treasure Valley
PROJECT NAME
NAME (PLEASE PRINT)
f!¿- Ai / ¡J é:; --ubt/ L/
--ff)/AA D (J ¡:¡"l:L/,.J;IJ....
j) dYt 'í~ ( I rfd/À
FOR
AGAINST NEUTRAL
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