Loading...
HomeMy WebLinkAboutCottonwood Lane AZ AZ 04-029 MERIDIAN PLANNING & ZONING MEEfING January 6, 2005 APPLICANT Tom Holliday/ Cottonwood Lane Partners ITEM NO. 4 REQUEST Continued Public Heañng from December 16, 2004 - Annexation and Zoning of 8.58 acres from RUT to C-G zone for Cottonwood Lane Partners - 985 East Freeway Dr. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY POLICE DEPT: CITY FIRE DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~tð m fNN1 dJ JI. /} f)( 0 voJJ l'Jfr '1-0 vJ U 6{) CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOl DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: .J( ~::~:~ted: -t~j ~ ~ N ~~ Emalled: ~~NMJ ~ðfll Date: /-tÅ~{) Phone: 'X'g~7- 77 (¡}() Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Tammy de Weer<! CITY COUNCIL MEMBERS Keith Bird Christine Donnell Sbaun Wardle Charle. M. Roun1ree A olfcri di!t "'} IDAHO '" ~!:) RECEI TREA""'V~' . ¡m JAN 0 J 2005 CITY OF MERIDIAN STAFF REPORT: crrvt~ERK OFFICE CITY HAlL (208) 888-44J3 - Fox 887-4813 PUBUCWORKS BUlWING DEPARTMENT (20S) 887-2211- Fox 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 P&Z Hearing Date: January 6, 2004 Transmittal Date: January 3, 2004 To: Mayor, City Council and Planning & Zoning Commission Craig Hood, Associate City Planner (IN From: Subject: Cottonwood Lane Annexation and Zoning . Request to Annex and Zone 8,58 Acres from RUT to CoG (General Retail and Service Commercial) by Cottonwood Lane Partners C/O Tom Holliday (File #AZ- 04-029) We have reviewed the above-mentioned submittal and offer the foUowing findings and conditions of the applicant. These findings and conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Tom Holliday of Cottonwood Lane Partners, has requested the annexation and zoning of8.58 acres from RUT to CoG (General Retail and Service Commercial). The subject property is commonly known as Lot 23, Block I, Amended Magic View Subdivision, which was recorded in 1983, There is currently a single-family home and some outbuildings on the subject site. This site is also being utilized to store several items, such as cars, The site is L-shaped, is located on the north side of Freeway Drive and on the east side of Wells Drive, approximately one-third of a mile west of Eagle Road, Over the past few years two hotels and multiple office buildings have been constructed near this parcel. With the subject AZ application, the applicant has provided a conceptual site plan of how this site may develop. The applicant states, in the submittal letter, that the subject property would make a good site for another hotel and/or a restaurant to serve hotels, offices, and the medical facilities in the area (see the applicant's submittal letter). In addition to the commercial/office uses, the applicant is conceptually proposing multi-family on the western portion of the property. The applicant believes that with the recent development in this area and the excellent visibility this site has ftom Interstate 84, a commercial zone is appropriate. Due to recent construction of hotels and office buildings in Magic View, the applicant is requesting that the subject property be zoned CoG, According to current City AZ.04-029 Cottonwood Lane.AZ,doe Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 2 Code, hotels, restaurants, professional and sales offices are pñncipally permitted uses in the proposed CoG zone (MCC II-S-I). Apartment houses (multi-family) are prohibited in the requested CoG zone (MCC 11-8-1). It appears that the legal description submitted with the application is accurate and meets the requirements of the City of Meridian and the State Tax Commission. If all the property is rezoned to C-G,the subject site would conform to the minimum lot size and minimum ftontage requirements of the requested zone. Staff is recommending that the property be annexed into the City. but along with the other conditions outlined in this report, staff is recommending that the portion of the parcel that will contain multi- family units be zoned L-O (Limited Office), WCATION The subject property is located on the north side of Freeway Drive and on the east side of Wells Drive, approximately one-third of a mile west of Eagle Road, in Section 17, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North - Medical offices, zoned CoG; Horse pasture, zoned RUT (Ada County) South -Interstate 84; Single-family home (Magic View Subdivision), zoned RUT (Ada County) East - Fallon Greens Subdivision (3-lot commercial subdivision with a hotel and future office lots), zoned CoG West - Hotel, zoned CoG; Single-family homes (Magic View Subdivision), zoned RUT (Ada County) OWNERS OF RECORD The property owners of record are David W. and Maude M. Wells, who have provided notarized consent for 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- I 1 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; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff fmds that the requested CoG zoning AZ-O4-O29 Cottonwood Lane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 3 generally conforms to this stated purpose and intent of the commercial designation witlún the Comprehensive Plan. Please see the Special Considerations below for further analysis of the proposed zoning designation and how it relates to the conceptually proposed uses on the site. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to tlús application (staff analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal ID, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. The applicant will be required to submit a tkvelopment application priar to consfrUcting any use on the site. When the future tkvelopment application(s) are processed by the City, the applicant will be required to construct landscaping along Freeway Drive, Wells Drive, between different land uses, and along the perimeter of the site. . "Permit new . . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, . "Plan for a variety of commercial and retail opportunities witlún the Impact Area." (Chapter Vll, Goal 1, Objective B) The proposed uses do contribute to the variety of commercial and retail uses in this area, as envisioned with the Camprehensive Plan. . "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item II) The applicant is not proposing to alter the Five Mile Creek in any wqy with this application. The applicant will be required, through a Development Agreement, to improve the Five Mile Creek amenity by constructing a multi-use pathway a4Jacent to it when the site develops. See Special Consitkration #2 beluw. Staff finds thot a C-G zone is harmonious with and in tu:cordance with the Comprehensive Plan. However, based on the conceptual site plan submitted with the annexotion application, sta.ff recommends thot the northwestern portion of the site be AZ-O4-O29 Cottonwood Lane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 4 zoned 1--0 to I1£commodaJe multi-family uses. Please see Special Considerations below for further analysis. B. Is the area included in the zoning amendment intended to be rezoned in the future; Apartment houses are prohibited in the C-G zone. Therefore, if all of the subject property is zoned CoG as requested, the applicant will need to rezone the northwestern portion of the site to develop multi-family dwellings, If the site is zoned as staff recommends (C-G for the southeastern portion and L-O for the northwestern portion), staff does not anticipate that the subject property will be rezoned again in the future, See Special Considerations below for further analysis. 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; Properties in this area are rapidly transitioning trom rural residential to office/commercial type uses. In the applicant's submittal letter, it is stated that the subject property is intended to be used for a mix of uses. The submitted concept plan shows a hotel on Freeway Drive (between two existing hotels), an office park to the north of the hote~ and multi-family apartments on the land with frontage on Well Street. Currently, restaurants, hotels, and professional offices are (principally) permitted uses in the C-G zone. Multi-family dwellings (apartments) are prohibited in the CoG zone. Therefore, not all conceptually proposed uses would be allowed under the proposed new zoning. Currently there are four City zones that conditionally allow multi-family; the R-15, R-40, L-O and O-T zones, No City zone principally permits multi- family dwellings. Consistent with the ComDrehensive Plan. the applicants conceptual site Dlan. as well as the other office and retail uses that are developing within Magic View SubdivisiolL staff recommends that the northwestern portion of the site be zoned L-O (Limited Office). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. 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 medicaVclinicai services. Two new hotels have currently opened to the east and west of the subject site, In 2004, the 5.22 acre lot directly to the north was annexed and zoned to CoG. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately Y. mile to the west that connects with Magic View Drive and is largely built-out at a medium density. AZ.()4'()29 Cottonwood lane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 5 As development occurs ACHD is requiring that the local/commercial streets in Magic View Subdivision be widened and that developers construct sidewalk adjacent to the developing sites. Further, this site lies within an extraordinary impact fee overlay zone. This overlay zone was established to install the infrastructure for the redevelopment of the rural lots within Magic View Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD now requires that developers within this overly zone pay into a reimbursement fund for the costs that were associated with construction of the new road from the intersection of Eagle Road and St. Luke's drive, to the intersection of Magic View Drive and Allen Drive (see ACHD for more information). Staff finds that annexation and zoning of the subject property would be compatible with other nearby land uses 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, the applicant did submit a conceptual plan of how the site may develop. If the site is (generally) designed, constructed and operated as proposed with the conceptual site plan, the development should be in accordance with adopted city ordinances and 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 and the west side of Wells Street, to be office type uses and the south side of Magic View Drive to be more intense, commercial type uses. Staff finds that a zoning change of this property to CoG and L-O (as recommended by staff) would fit within the character of the Comprehensive Plan and will not adversely change the essential character of the area. 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. 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; ACHD staff commented on the proposed annexation application on November 16, 2004. Included within ACHD staff's report were some of the policies that apply to the subject site. Upon the receipt of a development application, the ACHD will impose site specific conditions. Meridian Fire, Police and Parks Departments were represented at the Comments Meeting held on November 12, 2004 for this application and provided comment that services could be AZ-04-029 Cottonwood Lane.AZ.do. Mayor, Counci~ and P&Z Commission Hearing Date: January 6, 2004 Page 6 provided (all of the detailed comments from the Fire Department and other agencies/departments are at the end of this report). Sanitary Service Company (SSe) currently provides service to adjacent properties in the area. The Commission and Council will need to reference any written or verbal testimony submitted by The Meridian Public Works Department, Nampa Meridian Irrigation District, Idaho Power, and other service providers regarding this finding. Staff finds that the property proposed for annexation and zoning can be served adequately by all essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and wiD not be detrimental to the economic welfare of the community; Required site improvements will be funded and constructed by the developer through the PreliminarylFinai Plat, CUP, and CZC process, The primary public costs will be fire and police services. Staff finds that changing the zoning of this site will not cause excessive additional requirements at public cost. Staff also finds that the annexation and zoning of this site to CoG and L-O will not be detrimental to the community's economic welfare. L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that wiD be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The applicant is not proposing a specific use for this property at this time. Staff finds that any future uses 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(s). The purpose of the C-G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building." The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses... shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District," 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 Commission and City Council the authoriw to Teq 1Ù'e a prO,perty owner to enter into a Develo,pment Agreement with the City of Meridian that may req.uire a Conditional Use Permit or some written commitment for all future uses to more fully conwly with this fmding, Due to the mixed-use nature of the conceptual site plan, staff believes that a Development Agreement is necessary. (See Annexation and Zoning Site-Specific Comments and Conditions below) J. Will the area have vehicular approaches to the property which shall be so designed as not to create an inteñerence with traffic on surrounding public streets; ~4-029 Cottonwood Lane.AZ.doc Mayor, Counci~ and P&Z Commission Hearing Date: January 6, 2004 Page 7 Staff finds that future uses will impact the level and flow of traffic on the surrounding streets. The applicant is not proposing specific access for this site with the AZ application. The concept plan submitted with the application shows a vehicular access to Wells Street and one to Freeway Drive. These two access points are connected through the site via a drive aisle. Standards for future driveway offsets are determined by ACHD. Further, specific traffic count generation will be determined at the time of development application, which must be reviewed and approved by ACHD, Stafffmds 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 Five Mile Creek is a significant natural feature that should be protected through standard' stormwater and run-off management practices. As a large portion of this site lies within the floodplainlfloodway of the Five Mile Creek, future development of the property should comply with the established guidelines for construction within floodways/flood plains. Staff is not aware of any other natural or scenic feature(s) that may be lost, damaged or destroyed by allowing this site to be annexed and developed, Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592. 11-17-1992)" For the reasons listed in the findings above, staff finds that the annexinll and zoning of this property would be in the best interest of the City. SPECIAL CONSIDERATIONS Listed below are some comments related to development of the subject site. Upon the receipt of a development application in the future, the Planning Department intends to further analyze and impose conditions related to the comments below. Additional requirements that apply to development of the subject site may also be imposed with future development application(s). 1. Building Setbacks: With the recordation of Amended Magic View Subdivision, setbacks for buildings on this site were established. Note #5 of Amended Magic View Subdivision requires: a 25-foot front setback, a 20-foot side setback and a 25-foot rear setback. The submitted conceptual plan does not comply with the recorded setbacks for this site, All future buildings on this site should comply with the perimeter building setbacks established with the Amended Magic View Subdivision plat. 2. Multi-Use Pathway' The 2002 Comprehensive Plan depicts a muhi-use pathway along the Five Mile Creek. With any future development application adjacent to the Five Mile Creek, a multi- use pathway should be constructed on the north side of the creek to Wells Street. This pathway will tie into the existing pathway in Snorting Bull Subdivision to the west and will be extended south when that parcel is annexed and zoned in the City. AZ-O4-029 Cottonwood Lane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 8 3. LandsclU)ing: Meridian City Code 12-13-12 requires a 20-foot wide landscape buffer between multi-family and single-family uses, a 20-foot wide landscape buffer between office and multi- family uses, and a 25-foot wide buffer between a hotel and a single-family home. Meridian City Code 12-13-10-4 also requires a lO-foot wide landscape buffer on local streets, The landscape buffer widths adjacent to streets must be located outside of the right-of-way and do not include the width of the sidewalk (MCC 12-13-lO-2). Landscaping should be installed in accordance with City of Meridian ordinances in effect at the time of development. 4. Conceptual Site PlanlFuture Uses: With the annexation application the applicant has submitted a conceptual site plan, as requested by staff. The site plan shows a hotel, three office pad sites, and lO four-plex buildings with shared drive aisles between all uses. Staff is supportive of the general layout of uses and vehicular cross access between uses. However, due to existing setback constraints (see Special Consideration #1 above), and the proximity of the Five Mile Creek (a natural amenity), staff recommends that the multi-family units back-up to the Five Mile Creek. This will allow the future residents a great view of the creek while allowing the applicant to utilize a greater portion of the site (less asphalt to put down and more building area). The conceptual site plan submitted by the applicant is not approved with the subject application. Modifications to the site plan and improvements to the property, including but not limited to landscaping, access, parking and drive aisle improvements, and Fire Department improvements will be required with future development application(s). 5. Floodway/Flood Plain: A large portion of this site lies within the floodway of the Five Mile Creek. Development of the property should comply with the established guidelines for construction within floodwayslflood plains. 6. Existing Residence: The subject property has an existing residence. Upon annexation and zoning of the property to L-O and/or CoG, 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 L-O or CoG zone. ANNEXA nON AND WNING SITE-SPECIFIC CONDmONS AND COMMENTS I. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. At least 10 davs Drior to the Citv Council hearinl!. submit new lesal descriDtions (2) to the Planninl! & Zoninl! DeDartment. One for the C-G Dortion (southeast) and one for the L-O Dortion (northwest) of the Drouertv. NOTE: The three office Dad sites mav be included in either lenl descriDtion. as offices are Drinciuallv Dermitted in both the CoG and [",0 zone. 2. The subject property is within the Urban Services Planning Area. AZ-O4-O29 Cottonwood Lane.AZ.doc Mayor, Council, and P&Z Commission. Hearing Date: January 6, 2004 Page 9 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 apolicant shall contact the City Attorney. Bill Nary at 888- 4433 to initiate this process The DA shall incorporate the following: . The applicant will be responsible for all costs associated with the sewer and water service extension, 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 availa,ble from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . No alterations, expansions, reconstructions or other enlargements to the existing single- family structure will be permitted except through a CUP and except where the use of the structure changes to a use permitted in the L-O/C-G zone, . All future development of the subject property shall be constructed in accordance with City of Meridian ordi.nances in effect at the time of development. All future uses shall 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. . The applicant will be responsible for multi-use pathway construction along the Five Mile Creek. Construction of said pathway shall meet the standards as set. forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. . Any other conditions desired by the Commission and Council. OTHER AGENCYIDEPARTMENT COMMENTS MERIDIAN FJRE DEPARTMENT COMMENTS (AZ-O4-029\ 1. Provide fire hydrant spacing per the International Fire Code. Commercíal and office occupancies will reql.\ire a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. . Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. . The Fire hydrant shall not face a street which does not have addresses on it. . Fire hydrant markers shall be provided per Public Works specs. . 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', 2. 3. AZ.o4.IJ29 . . The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. All en~ce and internal roads. shall have a turning radius of28' inside and 48' outside radius, Cottonwood Lane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 10 4. 5. 6. 7. 8. 9. Provide a 20' wide Fire Lane for all internal & external roadways. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Maintain a separation of5' between future buildings and dumpster enclosures. 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 International Fire Code to service the proposed project, Fire hydrants shall be placed an average of 300' apart. 10. The proposed multi-family development has an estimated 40 units, 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 fQr service are projected to reach 2800 in the year200S and 3800 by the year 2010. 11. The proposed office/commercial uses 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 200S and 3800 by the year 2010. 12. The first digit of the Apartment/Office Suite shall correspond to the floor leve;:l. 13. All processes & storage practices shall be required to comply with the International Fire Code. 14. All portions of any buildings located on this project must be within ISO' of a paved surface as mea.sured around the perimeter oftbe building. IS. Fire Sprinklers will be required for all buildings associated with this project. No Parking signs and painted curbs will be required for all Fire Lanes. 16. 17. Provide;: exterior egre;:ss lighting as required by the International Building & Fire Codes. SANITARY SERVICES COMPANY COMMENTS 1. Prio~ to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC, AZ-04-029 Cottonwood Lane.AZ.doc Mayor, Counci~ and P&Z Commission Hearing Date: January 6, 2004 Page 11 2. 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. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect :lÌ'om one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Applicant shall apply for a land use change application prior to final platting. 2, All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-380S. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. RECOMMENDATION Staff is recommending that the property be annexed into the City and that the portion of the paRel that wül contain multi-family units (northwest) be zoned L-O (Limited Office) and the hotel portion (southeast) be zoned C-G (General Retail and Service Commercial) with the aforementioned conditions included in a Development Agreement. Staff further recommends that at least 10 davs orior to the Citv Council hearinIL. the aoolicant shaD submit two new lel!al descriotions to the Planninl! & Zoninl! Deoartment for review. The fint lel!aI descriotion shaD be for the area containinl! the nronosed hotel to he zoned C-G (sontheast) and the second lel!aI descrintion shaD be for the area containinl! the multi-familv to he zoned 1.-0 (northwest). AZ.04-Ð29 CoItonwoodLane.AZ.doc Mayor, Council, and P&Z Commission Hearing Date: January 6, 2004 Page 12 AZ-O4-029 Cottonwood Lane.AZ.doc ŒhOlli R,ECEIVED JAN - 3 ¿nos City Of Meridian City Clerk Office MATTHEW J. LOCA TI Wednesday, December 22, 2004 The Honorable Mayor; Tammy de Weerd City of Meridian City Hall 33 E. Idaho Avenue Meridian, ID 83642 Re: 975 Freeway Drive/Mr. & Mrs. Wells/Cottonwood Lane Partners Annexation Application Our Honorabie Mayor; My name is Matthew Locati, and I am the Realtor representing David and Maude Wells (Seller(s), on the sale of their property at 975 Freeway Drive, in Meridian. My clients entered into a purchase and sale agreement with Cottonwood Lane Partners (Buyer(s) on January 1, of last year. They have been waiting thru the due diligence period required by the buyer(s) for one year now, and are obviously very anxious to close on their property so they can have the ability to move. The final step of this due diligence period is contingent upon Buyer(s) obtaining zoning and/or penn it approvals from the City of Meridian. David and Maude have resided at 975 freeway drive for nearty 30 years, and suffice it to say the area has changed. In the last few years they have been rapidly surrounded with new businesses like; convenience stores, gas stations, medical offices, professional buildings and several new motelslhotels. Most recently, they have become "sandwiched' between two brand new developments: Comfort Inn & Suites and the Hampton Inn. Their environment is no longer conducive to that of a peaceful residence. The volume of traffic, the vehicle noise, and construction work surrounding them envelopes their home in an endless roar. On the City of Meridian's, "Future Land Use MaD (AuClust 6, 2002)", this area's highest and best use, has alœat!ibeen detemlined to be <:omniercial zen ing for anýlall future development. Due to this prior zoning acceptance, the (Buyer(s) & Sel/er(s» are hopeful there can be no argument against commercial use/zoning, as the project has been purposefully designed to fit within these accepted parameters. The reason for my letter to you Is to encourage the speed with which you will proceed with the finalization of approvals. Please understand time is of the essence, truly, in these proceedings. My clients, David and Maude, are elderly, and David has come to be in extremely poor health. Mrs. Wells has to care for her husband's physical weaknesses as he has become disabled and quite immobile, in the past year. It requires a lot of very physical work and heavy lifting for Maude to do, everyday, by herself With the monies from the sale of their property, Maude can afford to provide the healthcare David so urgently and desperately needs. Team Realty, Inc. 974 CORPORATE LANE SUITE 102 NAMPA. IDAHO 83651 MOBILE 208.407.2255 OFFICE 208.465.7770 FAX 208.465.7709 . Page2 December 22, 2004 Members of the Council; Your timely approval will certainly be appreciated by my clients. Thank you for your efforts on this matter in advance. If I may be of service in any way, please feel free to contact me. On behalf of David & Maude Wells, with our most sincere thanks, Matthew J. Locati Team Realty, Inc. Cell: 407-2255 cc: Mayor of the City of Meridian - Tammy de Weerd Council President- Keith Bird Council Vice President - Charlie Rountree Councilwoman -Christine Donnell Councilman - Shaun Wardle CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RECEIVED J^~' -,6 2005 City of Meridian City Clezk Office January 6,2005 ITEM # 4 DATE PROJECT NUMBER AZ 04-029 PROJECT NAME Cottonwood Lane NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~\\J -ßo-K- f-C k ~ ~ AZ 04-029 MERIDIAN PLANNING & ZONING MEETING December 16, 2004 APPLICANT Tom Holliday! Cottonwood Lane Partners ITEM NO. 12 REQUEST Public Hearing - Annexation and Zoning of 8,58 acres from RUT to CoG zone for Cottonwood Lane Partners - 985 East Freeway Dr, AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See previous item packet ! minutes CITY PLANNING DIRECTOR: CITY ATTORNEY CITY WATER DEPT: CITY SEWER DEPT: No Comment ( ö {tt\ rvJ U pl~ to L/ \/U/[)7 -rß CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SffiLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: ~::~:~ted:~ ~::r. ~\Cr~~~tÀn ~~~o~ E .1 d \-J ~ mOle: Date: \~-\~.Q~ Phone: ?-;'61/(I~() Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 1m) MARK BOTTLES REAL ESTATE SERVICES 5418 N. Eagle Road. Suite 160 Bolse.ID 83713 RECEIVED DEC - 1 2004 November 24, 2004 Will Berg City Clerk of Meridian City Hall 33 E. Idaho Avenue Meridian, ill 83642 Re: Cottonwood Lane Partners Annexation Application Dear Mr. Berg, This will request the hearing for Cottonwood Lane Partners Annexation Application for 8.5 acres at 985 E. Freeway Drive scheduled for December 2, 2004 be continued until January 6th, 200S. This will allow for a more detailed site plan to be developed, If there are additional questions, please advise. cc: Tom Holliday Matt Locati 5418 N. Eagle Road, Suite 160 Boise, Idaho 83713 PH: 208.377.5700 FX: 208,377.0035 RECEIVED NOY 2 2 2O1J1t , I City of Meridian City Clerk OtfiCF ~&~1~'Z)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 15 November, 2004 Phones: Areo Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 W'J11:j¡¡~G, Berg Jr. City Clerk City ot"Meridian 33 East Idaho Ave, - ~"d)._~~~I- RE: AZ 04-029/Cottonwood Lane Dear Will: Nampa & Meridian Irrigation DJstrict requires that a Land Use Change Application be filed, for review, prior to final platting, Please contact Donna Moore at 466-7861 for further infonnation. All laterals and waste ways must be protected. The District's 5-Mile Drain courses through this proposed project with a hundred (100)-foot easement, fifty (50)-feet each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans, The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ~. cerely, r. û-/--- JohnP, Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPNdbg - C: Board of Directors SecretarylTreasurer Ass!. Water Superintendent File APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 RECEIVED NOV 2 Z 200~ City of Meridian City Clerk Ollie. COpy ~&~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 17 November 2004 Phones: Area Cad. 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 Pinnacle Engineers 12552 W, Executive Drive Boise, ID 83713 RE: Land Use Change Application - Cottonwood Lane - ------ - --Pleaserlót8 tlie:D"_rGt'110Wrea~nnretsofÐlan5 - -- - - To Whom It May Concem: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up, If you submit a company or personal check, it must clear the bank before processing the application. : Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the instailation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to cail on me at the District's office, or John p, Anderson, at the District's shop. Sincerely, !fl~ 7;. ?rJ. ßi¿ Donna N, Moore, Asst. SecrelaryfTreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Tom Holliday, Cottonwood Lane Partners, POBox 464, Nauvoo, IL. 62354 David W, and Maude Weils, 985 E, Freeway Drive, Meridian, ID 83642-6258 enc. APPROXIMATE IRRIGABLE ACRES RIVER flOW RIGHTS - 23,000 BOISE PROJEO RIGHTS - 40.000 "'-~-!110 .Â."."""h'~~ .~~ 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 ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us November 22, 2004 RECEIVED NOV 29 2001t To: Tom Holliday I Cottonwood Lane Partners PO Box 464 Nauvoo, IL 62354 City of Meridian City Clerk Office MAZ-04-029 Annexation and rezone 985 East Freeway Dñve On November 9, 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, Subject: If you have any questions, please feel free to contact me at 208-387-6177. Andrea N, Tuning Planner III Right-of-way & Developm CC: Project file, Construction Services, Drainage, Utilities City of Meridian Pinnacle Engineers 12552 West Executive Drive Boise, Idaho 83713 ......;é;~i", J\Sil. 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 November 16,2004, Tech Review for this item was held with the applicant on Friday November 12,2004. Please refer to the attachment for appeal guidelines, Staff contact: Andrea N. Tuning, 208-387-6177-phone, 208-387-6393-fax, atuninaCii>.achd. ada, id. us File Numbers: MAZ.O4.029 Site address: 985 West Freeway Drive Owner/Applicant: Cottonwood Lane Partners Tom Holliday PO Box 464 Nauvoo, IL 62354 Representative: Pinnacle Engineers 12552 West Executive Drive Boise, Idaho 83713 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation and rezone approval to rezone the subject property from RUT to CoG. The 8.58-acre parcel is located on the north side of Freeway Drive just east of Wells Drive. Acreage: 8,58-acres Current Zoning: RUT Proposed Zoning: CoG Vicinity Map A. 1. 2. 4. Findings of Fact Trip Generation: This rezone has the potential to generate approximately 3,313 additional vehicle trips per day (0 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. 3. Traffic Impact Study: A traffic impact study was not required with this application. Site Information: The site has one existing single-family residential dwelling. 5, Description of Adjacent Surrounding Area: a, North: 5:2-acres and 5.45-acres zoned RUT b, South: 1-84 c. East: 1.04,1.167 and 1.9-acres zoned CoG d. West: 5.29 and 5.070-acres zoned RUT and 2.3-acres zoned CoG 6. Impacted Roadways Freewav Drive: Frontage: Functional Street Classification: Traffic count: Speed limit: 112-feet Commercial Street Not Available 20 MPH Wells Street: Frontage: Functional Street Classification: Traffic count: Speed limit: 392-feet Commercial Street Not Available 20 MPH Maaic View Drive: Frontage: Functional Street Classification: Traffic count: None Commercial Street East of Wells Drive was 411 on 10-29-02 West of Eagle Road was 8,374 on 9-11-02 20 MPH Speed limit: 7. Roadway Improvements Adjacent To and Near the Site Freeway Drive is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. There is existing vertical curb, gutter and sidewalk located to the east and west of this site. Wells Street is currently improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. 8. Existing Right-of-Way Freeway Drive has a total of 60-feet of right-of-way (30-feet from centerline). Wells Street has a total of 50-feet of right-of-way (25-feet from centerline). Existing Access to the Site The site has two existing driveways that access the transportation system: . 20-foot wide gravel driveway that intersects Well Street at the north property line. . 18-foot wide gravel driveway that intersects Freeway Drive at the east property line. 9. 2 10. 12. Site History The Distñct has not previously reviewed a development application on this site. 11. Capital Improvements Plan/Five Year Work Program There are not any roadways within this area that are included in the District's Five Year Work Program or Capital Improvements Plan. Other Items of Interest This development is located within an extraordinary impact fee overlay zone, The extraordinary fee that was adopted by the Commission was based on trip generation rates, The Commission determined that the Extraordinary Impact Fee per vehicle trip would be $43.19. This parcel includes B.5S-acres, resulting in a trip generation rate of approximately 3,313 trips per day. Based on this trip generation, this property should pay an extraordinary impact fee. in the amount of approximately $143,088.47. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of costs that were associated with constructing and acquiring right-of-way for a new road from the intersection of Eagle Road and 51. Luke's driveway to the intersection of Magic View Drive and Allen Dñve as the proportionate share of this property on a per trip basis when the property has clearly identified the use of the property and applies for a future development application, B. Findings for Consideration 1. Freeway Drive Right-ot-Way and Street Improvements District policy requires 54-feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B), This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewaik within 54-feet of right-of-way. Freeway Drive has a total of 60-feet of ñght-of-way, Freeway Drive is constructed as one half of a 40-foot street section to the east and the west of this site. The applicant should construct Freeway Drive abutting the site as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within the existing ñght-of-way to match the adjacent improvements. Driveways Distñct 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). District policy 7207.9,3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-fee1. 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 dñveway 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, The applicant should construct any proposed driveways on Freeway Dñve a maximum of 36-feet wide. The applicant should also pave the proposed driveways their full width and at least 30-feet into 3 2, the site beyond the edge of pavement of Freeway Drive and install pavement tapers with 15-foot radii abutting the existing roadway edge. Wells Street Right-or-Way and Street Improvements District policy requires 54-feet of right-of-way on industriaVcommercial roadways (Figure 72-F1B). This ñght-of-way allows for the construction of a 3-lane roadway with curb, gutter and 5-foot wide concrete sidewalks, District policy 7202.8 and 72-F1 B, 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. Wells Street has a total of 50-feet of right-of-way. The applicant should dedicate a total of 27 -feet of right-of-way from the centerline of Wells Street (an additional 2-feet of right-of-way) and construct Wells Street abutting the site as one half of a 40-foot street section with vertical curb, gutter and 5- foot attached concrete sidewalk. 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). 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 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. The applicant should construct any proposed driveways on Wells Street a maximum of 36-feet wide. The applicant should also pave the proposed driveways their full width and at least 30-feet into the site beyond the edge of pavement of Wells Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. C. Site Specific Conditions of Approval This application is for a rezone only. Listed below are some of the policies that apply to the site. Upon the receipt of a development application the District may require additional Findings of Consideration and Site Specific Requirements that apply to the review of future development applications. 1. Construct Freeway Drive abutting the site as one half of a 4Q..foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within the existing right-of-way to match the adjacent improvements. 2. Construct any proposed driveways on Freeway Drive a maximum of 36-feet wide. Pave the proposed driveways their full width and at least 30-feet into the site beyond the edge of pavement of Freeway Drive and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Dedicate 27-feet of right-of-way from the centerline of Wells Street (an additional2-feet of right-of- way) abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty 4 4. 5. 6. 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 Wells Street is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties, Construct Wells Street abutting the site as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk. Construct any proposed driveways on Wells Street a maximum of 36-feet wide. Pave the proposed driveways their full width and at least 30-feet into the site beyond the edge of pavement of Wells Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ñght-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 ofthe 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, 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. 5. 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. 7. 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. 5 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 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. Attachments 1. 2. 3. Vicinity Map Site Plan Appeal Guidelines 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 capñciously 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 \ \ 8 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: DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time. DSend a "CamplyWlth" letter to the applicant stating that if the development is within a piatted subdivision or part of a previous development application and that the site specific requirements from the previous development also appl: to this development application. I8IWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating thE proposal lor its confonnance to District Policy. DWrite a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal lor Its conlonnance to District Policy. I8IThe Planning Review Division will hold a Technical Review meeting lor all Staff and Cammlssion 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 Develapment Revi"" Division lor plan review and assessment 01 impact lees. (Note: If there are no s~e 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) lor ANY work in the right-ol-way, includin¡ but not limited to, driveway approaches, street improvements and utility cuts. DPay Impact Fees prior to issuance 01 building pennit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) 0 Driveway or Property Appraach(s) Submit a "Driveway Approach Requesr Ionn to Ada County Highway District (ACHD) Construction (lor approval by Development Services & Traffic Services). There Is a one week turnaround lor this approval. 0 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 - Penn its 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) 0 Sediment & Erasion 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 tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage Division. 0 Idaho Power Campany Vie Steelman at idaho Power must have his IPCO approved set of subdivision utility pians prior to Pre-Con being scheduled. 0 Final Approval Irom Development Services ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9 Figure 1 Meridian Planning & Zoning Meeting December 2, 2004 Page 52 of 55 Rohm: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: I move we forward to the City Council recommending approval of AZ 04-030, to include all staff comments of their memo for the hearing date of December 2nd, 2004. Rohm: Second, Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES, Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of PP 04-041, to include all staff comments of their memo for the hearing date of December 2, 2004. Rohm: Second, Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: All right. Thank you. Moe: Mr. Chairman, just -- I'd like to make a recommendation that -- for the record that a new battery be put in the podium pointer. Canning: I already put it on my to do list. Borup: And I talked with Will about that about a month or so ago and he said he just put a battery into them. Maybe it's time for a new -- Newton-Huckabay: We need a new pointer. Rohm: We need a new pointer. Canning: I'll look for a better pointer. Item 14: Public Hearing: AZ. 04-029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Land Partners, 984 East Freeway Drive: Renoticed to December 16, 2004. Meridian Planning & Zoning Meeting December 2, 2004 Page 53 of 55 Borup: Okay, Last item, No, 14, election of a chairman. This is the time -- oh, I'm sorry, What did we decide on this last one, Cottonwood? That's already -- that was noticed for tonight or never been noticed for tonight? It was just renoticed, so we don't even need to do anything, do we? Nary: It was -- no, you don't need to do anything, It was noticed on your agenda for tonight, so you should probably -- even though it was indicated as being continued, to simply acknowledge that and you can motion to move it to the 16th as it was noticed on this agenda. Borup: And we don't need to open it and -- Nary: You don't need to open it. Borup: All right. Okay, Well, let's just make note of that. This Public Hearing AZ 04-029, request for annexation and zoning of Cottonwood Lane and that will be on the -- it has been renoticed to the December 16th meeting. Item 15: Election of Chairman: Borup: Okay. Next item, last item, is election of chairman and does anyone need any refreshing on the bylaws that was passed a few months back? Everybody have that? Newton-Huckabay: Somebody gave them to us. Borup: Was that in the packet? So, procedure is time to elect a new chairman and a vice-chairman, Rohm: Mr. Chairman? Borup: Go ahead, Rohm: I'd like to nominate David Zaremba as our new chairman. Borup: I would second that. Anybody else? All right. Any other nominations? Newton-Huckabay: I have none, Moe: No, Borup: We seem to not have any other nominations, which kind of -- Newton-Huckabay: We have all decided he's the heir apparent. Borup: So, that means we do not need to vote. I mean we don't need to do a written vote. 12/e1/2eÐ4 17:23 2eS377ee35 MARK BOTTLES REAL ES PAGE e2 [!ij MARK BOTTLES REAL ESTATE SERVICES 541 a N. Eagle R_d. Suite 160 Boise, 10 83713 November 24, 2004 Will Berg City Clerk of Meridian City Hall 33 E. Idaho Avenue Meridian, ID 83642 Re; Cottonwood Lane Partners Annexation Application Dear Mr. Berg, This will request the hearing for Cottonwood Lane Partners Annexation Application for 8.5 acres at 985 E. Freeway Drive scheduled for December 2, 2004 be continued until Januaxy 6'h, 2005. This will allow for a more detailed site plan to be developed, If there are additional questions, please advise. ~Thank you, J: ( / /¿ja aYe Bohecker Mark Bottles Real Estate Services Cell: 230-3309 cc: Tom Holliday Matt Locati 5418 N. Eagle Road, Suite 160 Boise, Idabo 83713 PH: 208.377.5700 FX: 208.377.0035 DEC 01 '04 16:41 2083770035 PAGE. 02 12/01/2004 15: 29 FAX 20888868S4 12/01/2004 12: 56 2083779035 MERIDIAN P&Z DEPT. ~ City Clerk MARK BOTrLES REAL ES ~OOl PAGE 132 1m) MARK BOTTLES REAL ESTATE S-=RVICES 54 ." N. E.aSfe --... SIdN 160 80i.... ID 837f~ November 24, 2004 Will Berg City Clerk of Meridian City HaD 33 E. Iða.b.c Avenue Meridian, 1D 83642 Re: Cottonwood La= Partners A11ncxation Application Dea:rMr. Berg, TIùs wiJI request the hearing for Cottonwood Lane Partners Annexation Application for 8.5 acres at 985 E, :Freeway Drive sc:heduled for December 2, 2004 be CO 1,tÍl\ued. until January 6"',2005. This will slJow for a more detailed site plaJJ to be c!eveJoped. Ifthe:re are additionsl questions, please advise. ~~you, J: t...... / I~ ave Bohecl:e:r Mark Bottles Real Estate Se:Mces Cell: 230-3309 cc: Tom Holliday MattLocati 5418 N. Eagle Road, Suite 160 Boise, Idaho 83713 PH: 208..377.5700 FX: 208.377.0035 DEC 01 '04 15:47 2088886854 PAGE.Øl 12/ell/2e1e14 17:23 2e1S377e1e135 MARK BOTTLES REAL ES PAGE ell IZiiI MARI( BOTTLES REAL ESTATE SERVICES 5418 N. Eagle Road, Suite #160 Boise, ID 83713 (208) 377-5700 Office * (208) 377-0035 Fax FAX COVER SHEET Date: December 1, 2004 To: Will Berg I City Clerk of Meridian cc: From: David Bohecker Fax: 888-421B Re: Cottonwood Lane Partners Annexation Application Total number of pages including Cover: ~ 0 Confidential 0 Original Being Mailed 0 Reply 0 Per Your Request 0 For Your Information Comments: Confidentiality Notice This tOl:similelranaml..lon (and/or doeuman" accompanying ~) may eonlain confidential infonnalion belonging 10 the sender, which I. protected, The inlonnation i. inlended only 10, the use of the individual 0' entity named above. If you are not the Intended raeipient. you are hereby notified thai any dieol09ure. copying. distribution. or the taking of any aelion in reüanee on Ihe eonlenlS of this information is strictly prohibited. If you hav. reeeivad this transmission in error. ple..e immediately notify us by lelephone. DEC 01 '04 16:41 20837712112135 PAGE. 1211 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird 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 FLANNING & 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: November 24, 2004 Transmittal Date: October 28, 2004 Hearing Date: December 2, 2004 File No.: AZ. 04-029 Request: Annexation and Zoning of 8.58 acres from RUT to CoG zone for Cottonwood Lane By: Tom Holliday/Cottonwood Lane Partners Location of Property or Project: 985 East Freeway Drive David Zaremba, P/Z (No FP) David Moe, P/Z (NoFP) Wendy Newton-Huckabay, PIZ (NoFP) Michael Rohm, P/Z (No FP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Charlie Rountree, CIC Christine Donnell, CIC Keith Bird, CIC Shaun Wardle, CIC Water Department ~ Sewer Department Sanitary Service (No VAR. VAC, FP) Building Department Fire Department Police Department City Attomey ~J\ ~~a;~ ~~~~ CITY OF MERIDIAN WASTEWATER DEPT. Meridian School District (No FP) Meridian Post Office (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 only) Qwest (FP/PP only) Intermountain Gas (FP, PP, CUP) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (NoFP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: ~~t RECEIVED NOV 0 2 2004 City Of Meridian 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 836~tYc£lf¡r¡fi¡f?1!iJ~f City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utilily Billing Fax (208) 887-4813 RECEIVED CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DFr. ì f 20ù~ Citv of Meridian CitŸ Clerk Office December 16, 2004 ITEM # 12 DATE PROJECT NUMBER AZ 04-029 PROJECT NAME Cottonwood Lane NAME (PLEASE PRINT) FOR AGAINST NEUTRAL -;- ,