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:
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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:
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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
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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
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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
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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.
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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 Teq1Ù'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
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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
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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 CO1,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
-;-
,