HomeMy WebLinkAboutAgency CommentsCH
County Highway District
Dave Bivens, 1 st Vice President 318 East 37th Street
Judy Peavey -Derr, 2nd Vice President Garden City ID 83714-6499
Susan S. Eastlake, Commissioner Phone (208) 387-6100
Sherry R. Huber, Commissioner FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
October 22, 2002
TO: Farmers & Merchants State Bank
4128 Adams Street
Boise, ID 83714
FROM: Craig Hood C�
Development Analyst
Planning & Development
SUBJECT: MRZ02-005
Rezone L-O to C-G
nwc of Hickory Way and Fairview Avenue
RECEIVED
OCT 2 3 2002
City Of Meridian
City Clerk Office
On October 22, 2002, the Ada County Highway District acted on your application for the above referenced
project. The attached staff report lists conditions of approval and street improvements, which will be required
when a development application is submitted to the City of Meridian for the property listed above.
If you have any questions, please feel free to contact staff at (208) 387-6170.
Cc: Planning & Development/chron/project file
City of Meridian
Construction Services
Drainage
Quadrant Consulting, Inc., 405 S. 8th Street Suite 295, Boise, ID 83702
HD'"
Ada County Highway District
tcaght-of-Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level as of October 22, 2002. Tech Review for this item was held with the applicant on October 18, 2002. Please refer to Attachment
3 for request for reconsideration guidelines. Staff contact: Craig Hood, 387-6174, chood a(�achd ada id us
File Number: MRZ02-005
Site address: Northwest corner of Fairview Avenue and Hickory Way, Meridian
Owner/Applicant: Farmers & Merchants State Bank
4128 Adams Street
Boise, ID 83714
Representative: Quadrant Consulting, Inc.
405 S. 8'h Street, Suite 295
Boise, ID 83702
Application Information
The applicant is requesting rezone approval from the City of Meridian to rezone 0.8-acres from L-O to C-G.
The site is located on the northwest corner of Hickory Way and Fairview Avenue.
Acreage: 0.8-acres
Current Zoning: L-O
Proposed Zoning: C-G
7
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 284 additional vehicle trips per day (0
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: The impact fee rate from the fee tables for this use will be determined when a specific
development/use is determined for this site.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: The subject site is currently vacant.
5. Description of Adjacent Surrounding Area:
a. North: Capitol Christian Center
b. South: Vacant (Future Water Works Car Wash)
c. East: Capitol Christian Center
d. West: Louie's Restaurant
6. Impacted Roadways:
Fairview Avenue:
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Eagle Road:
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
175-feet
Principal Arterial
32,092 west of Eagle Road on 2/20/02
LOS C
35 MPH
Hickory Way, a four-way stop -controlled intersection
None
Principal Arterial
42,307 south of Franklin Road on 2/20/02
LOS E
50 MPH
Fairview Avenue, a signalized intersection
330-feet
Collector
2,586 north of Fairview Avenue on 10/21/00
LOS C
30 MPH
Fairview Avenue, a four-way, a stop -controlled intersection
Roadway Improvements Adjacent To and Near the Site
Fairview Avenue is currently improved with 5 lanes (two eastbound, two westbound, and a center
turn -lane), no curb, gutter or sidewalk. Hickory Way is currently improved with 2 lanes (no center turn
lane) curb and gutter with a detached sidewalk abutting about half of the frontage on Hickory Way
abutting the subject property.
Hickory Way:
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
2
8. Existing Right -of -Way
There is currently 115-feet (50-feet from centerline) of right-of-way for Fairview Avenue abutting the
site. There is currently 70-feet (35-feet from centerline) of right-of-way for Hickory Way abutting the
site.
9. Existing Access to the Site
Access to this site is currently provided from a gravel/dirt driveway on Hickory Way located
approximately 300-feet north of Fairview Avenue and in alignment with an existing driveway across
the street.
10. Site History
The District reviewed this site as Lot 2, Block 1, Angel Park Subdivision. A shared driveway was
approved for the subject lot to Fairview Avenue, located approximately 350-feet west of the east
property line.
11. Five Year Work Program
A signal is scheduled to be installed at the intersection of Hickory/Fairview Avenue in 2007.
B. Findings for Consideration
This application is for a change of zoning. 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 that apply to the review of future
development applications.
1. Sidewalk
District policy requires 5-foot wide (minimum) concrete sidewalk on all collector and arterial streets
(7204.6.5). The applicant should be required to construct a 5-foot wide (minimum) concrete sidewalk
on Fairview Avenue and Hickory Way abutting the site.
2. Access
The applicant has approximately 330-feet of frontage on Hickory Way and about 175-feet of frontage
on Fairview Avenue. District policy (Figure 72-F4 (1)) requires that driveways on arterials be located a
minimum of 220-feet (right-in/right-out) and a minimum of 440-feet (full -access) from an existing road.
The applicant does not have enough frontage on Fairview Avenue to place a driveway at any location
that is in compliance with current District policy. In addition, a note on the recorded plat of Angel Park
Subdivision restricts direct lot access to Fairview Avenue for this site.
- District policy 72-175, requires driveways located on collector or arterial roadways with a speed limit
of 30 to align or offset a minimum of 125-feet from any existing or proposed driveway.
- District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit
of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway.
Also, District policy 7207.8 states that direct access to arterials and collectors is normally restricted
and the developer shall try to use combined access points. When this parcel develops, a driveway
may be allowed on Hickory Way if it is located in compliance with the above stated policies.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35-feet. If a driveway is constructed on Hickory Way in the future, it should be
constructed a maximum of 35-feet wide.
3
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 all driveway(s) to their 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 pavement.
3. Right-of-way
District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of-
way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached
sidewalks and bike lanes. There is currently 70-feet of right-of-way for Hickory Way abutting the site.
District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F3). This right-of-way
allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks
and bike lanes. The applicant should not be required to dedicate any additional right-of-way because
the existing right-of-way is sufficient for the construction of the future signal and travel lanes.
C. Site Specific Conditions of Approval
If the rezone is approved and the District receives a development proposal, the District
intends to provide site -specific requirements that apply upon review of future development.
The Findings for Consideration cover a portion of the District policies that will pertain to any
development proposal for this site.
Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within
the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If
the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk.
The District will require a license agreement for the landscape strip with the detached
sidewalk. Please contact the Right -of -Way Division at 387-3271 for guidelines.
2. Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into the existing
sidewalk on Hickory Way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. Please contact the Right -of -Way Division at 387-3271 for guidelines.
3. Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access with Lot
1, Block 1, Angel Park Subdivision located near the northwest property line and in alignment
with the existing driveway across Hickory Way is preferred.
4. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel
5. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
n
3. Replace any existing damaged curb and gutter and any that may be damaged during the construction
of the proposed development. Contact Construction Services at 387-6280 for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact Construction Services at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
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 #195, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing
utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE at least two full business days prior to breaking ground
within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the
event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
1. The proposed rezone is approved, if all of the Site Specific and Standard Conditions are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. vicinity Map
2. Appeal Guidelines
5
L6
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Appeal Guidelines
7
October 9, 2002
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
RECEIRECEIVE Phones: Area Code 208
VED OFFICE: Nampa 466-7861
OCT 1 IS 2002 SHOP: Nampa 466-0663
City of Meridian
City Clerk Office
Re: RZ 02-005 Rezone for Angel Park Development
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the above -mentioned
application.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dll
C: File — Shop
File — Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
ccrliCENTRAL CENTRAL` -DISTRICT HEALTH DEPAk t,MENT ISTRICT Return to:
HEALTH Environmental Health Division
eIKEPARTMENT❑Boise
RECEIVED 0 Eagle
Rezone # J < 2 —�� S� OCT - 4 2002 ❑ Garden City
Conditional Use # tiMudian
KunPreliminary / Final / Short Plat �itx Cter]; 0f . ❑ACZ ❑CZ
❑ Star
�61
We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
❑ 13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
❑ 14. Date:
Reviewed By:
CDHD9/001kc Review Sheet
KEVIN E. DINR1S
JULIE KLEIN FISCHER
Wm. F. GIGRAY, IE
T. GUY HALLAM*
D. SAMUEL JOHNSON
LARRYD. MOORE
WILLIAM A. MoRRow
WILLIAM F. NICHOLS*
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in WA
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIC S. RossMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELA J. TARLow
TERRENCE R. WHITE**
NICHOLAS L. WOLLEN
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
ATTORNEYS AT LAW
830 E. FIRST STREET, SUITE 200
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAx (208) 288-2501
January 7, 2003
NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECI-F,IVED
JAN - 8 2003
City Of Meridian
City Clerk Office
Re: Ordinance No. 03-1et9', (Farmers & Merchants State Bank) Summary of
Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for rezoning ordinance for Farmers & Merchants State
Bank, pursuant to the City's action. I do hereby advise the City, and make this statement, that said
summary is true and complete and provides adequate notice to the public of the provisions of said
ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code § 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\Work\M\Meridian\Meridian 15360M\Angel Park Development RZ02-005\BergSumOrd0I0703Ltr.doc
NOTICE AND PUBLISHED SUMMARY
ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 03- � GEC'.%
PROVIDING FOR A REZONING ORDINANCE
An Ordinance of the City of Meridian granting rezoning for land owned by Farmers &
Merchants State Bank, that is known as Angel Park Subdivision consisting of. 8 acre, and
said legal description includes the adjacent right-of-way which is being rezoned also for a
total acreage of 1.39 acres, commonly associated with a street address of 2680 East
Fairview Avenue, Meridian, Idaho, with a zoning designation of C-G General Retail and
Service Commercial; and to provide for effect of invalidity; providing that all ordinances
and resolutions in conflict are repealed and rescinded; and providing an effective date.
Legal Descritp ion
Lot 2, Block 1 of Angel Park Development Subdivision and
portions of North Hickory Way and East Fairview Avenue —
(Said legal description includes the adjacent right-of-wav
which is being rezoned also, with a total acreage of 1.39 acres.)
A parcel of land being a portion of North Hickory Way, a portion
of East Fairview Avenue and all of Lot 2, Block 1 of Angel Park
Development Subdivision, according to the plat thereof, filed in
Book 73 of Plats at Pages 7551 and 7552, records of Ada County,
said parcel located in the SW '/4 of the SE '/4 of Section 5,
Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada
County, Idaho is described by metes and bounds as follows:
Commencing at the Southwest Corner of the SW %4 of the SE'/4 of
said Section 5 from which the Southeast corner of said Section 5
bears South 89°48'53" East 2644.16 feet; thence North 0°27'14"
East 55.14 feet along the center Section line of said Section 5 to a
point on the North Right -of -Way line of East Fairview Avenue;
thence along said North Right -of -Way line South 89°32'34" East
661.11 feet to the Southwest corner of said Lot 2 being the POINT
OF BEGINNING; thence along the west boundary of said Lot 2,
North 00°29'33" East 227.62 feet; thence leaving said west
boundary
North 30°03'44" East 30.00 feet to the centerline of said North
Hickory Way; thence following said centerline the next four
courses
Along a curve to the left 10.95 feet, said curve having a radius of
180.00 feet, a delta angle of 3°29' 12" and a chord bearing and
distance of South 61 °41'24" East 10.95 feet; thence
RZ-02-005
South 63°25'58" East 136.49 feet; thence
Along a curve to the right 200.58 feet, said curve having a radius
of 180.00 feet, a delta angle of 63°50'44" and a chord bearing and
distance of South 31°30'36" East 190.36 feet; thence
South 00°24'45" West 80.87 feet to the centerline of said East
Fairview Avenue; thence following said centerline of East
Fairview Avenue the next two courses;
North 89°35'05" West 214.93 feet; thence
North 89°32'34" West 33.12 feet; thence leaving said centerline
North 00°27'26" East 54.00 feet to the POINT OF BEGINNING.
Said parcel contains 60,550 square feet or 1.39 acres, more or less.
A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the
2�3 ��' day of r%� , 2003.
of Meridian
Mayor and City Council
By: William G. Be r , Jr., City Clerk
First Reading:
Adopted after first reading by suspension of
50-902: YES X NO
Second Reading:
Third Reading:
OF s�
SEAL
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ZAWork\M\Meridian\Meridian 15360M\Angel Park Development RZ02-005\SUMANNEXZONGORD.doc
to Idaho Code
RZ-02-005