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HomeMy WebLinkAboutCaven, Inc. MI 02-005 MERIDIAN PLANNING & ZONING MEETING APPLICANT Caven, Inc. MI 02-005 September 19, 2002 ITEM NO. 11 REQUEST Tabled Public Hearing from September 5.2002 - Request for change of Area of Impact for 39.64 acres for Mike Caven - northeast comer of North Eagle Road and East Ustick Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See Previous Item Packet ~YVV1i"lVVLJ- (),vUo.-C iD ~ j~O Contacted: Date: Phone: Materials presented at pubHc meeHngs shall become property of the City of Meridian. PUBLIC HEARING SIGN-UP SHEET () e;:;~ 19/ ZoDz. fyz ( () 2. - 005' /lU'Ke e tt V~ DATE PROJECT NUMBER PROJECT NAME NAME FOR AGAINST ~v.c..~v~U SEP 1 9 2002 CITY OF MERIDIAN' . . . MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live f~L.~rrtrvL, rvt~ ~ -10) -D2- J -\:-eNvl 41;0. /I CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William LM, Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City CIeri< Office Fax (208) 8884218 BUIWING DEPARTMENT (208) 898-5500' Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533, FAX 888-6854 MEMORANDUM: , , September 12, 2002 To: ~~~~:r.: RECEIVED From: Re: APPUCATION SUMMARY & BACKGRO~ The Applicant, Caven InGiii"". . ing to amendthe Area. ity Impact boundary between the City of Meridian andWke Ci request is to remove the subject 36,94 Acres from the City of Meridian's area, ',dded oise City's atOll:: ptere are two (2) separate parcels involved in the application (20- . 1 es), both oPd by Caven Inc, The parcels are currently in Ada Couoty'l\A<lilave,:City but not with Meridian, Boise City is able to provide ur~~~p,tiliti , e parcet'tOday, Meridian is currently able to serve the parcel with w~bUt saniwt,.~ we, t be available until Spring 2003. . .~-~~, "~il' - sub testimony to the P&Z Commission during the 2002 he8rings, requesting removal from Meridian's Area of Impact, However, the :".. 'ssion d' . ot recommend approval of the change as part of the Future Land "',.:', ''',' Use Map. Sub~y, d~ its public hearings on the Comprehensive Plan, the City Council also did not appro~:tq!;(,:,~est, However, on March 12, 2002, Becky Bowcutt, representing Caven Inc., discussed'ttpotential change at a City Council meeting. The Council did not make a fonnal motion but had general consensus that they could support release of the 36+ acres to Boise City and they recommended a fonnal application be submitted. Idaho Code 67-6526 and Meridian City Code 1-11 establish the basis for Area of City Impact negotiations and renegotiations. Before an Area ofImpact can be adjusted, the P&Z Commission of a city must make a recommendation to the governing body and, subsequently, the two governing bodies must meet to negotiate or renegotiate the boundary. If an adjustment is proposed by a private party, the City of Meridian requires applicants to submit a Miscellaneous Application. This application is necessary to meet State Code and City requirements for change CavenAOlmi MI......, Mayor and Council September 12, 2002 Page 2 to the area of impact and begin the renegotiation process with Ada County, All such applications must meet the same notice and hearing requirements as other applications within the City. LOCATION The subject property is located at the northeast comer of SH55lEagle Road and Ustick Road within Section 33, TAN, R.IE. SURROUNDING PROPERTIES Nortb-Church ......., South - Agricultural parcels within Meridian's Area of Impact, ~,RUT East - Providence Place Subdivision (Boise City Residential)):;'}i . West - Agricultural (owned by WH. Moore Co.) ~!: f?,}~~t\<~,\,' '-', REOUlRED FINDINGS . ., Meridian City Code (MCC) does not provide any,equiredfindings for Area of City Impact Change requests. MCC 1-11-2 does cite the threeQt:~ors Wr.j;Onsider when defu:ring an Area of City Impact, These are as follows: ..'.;~:~~~!;., A Trad "",'" 'i. e area; {t_;.\i'X~. . ~ . '\~t~-)f"_ "'{i'-~;lG 8. Geographic lllctors, and ',;!~~..:: ..; . .. ,;~s" C. Areas that can reasonably ~~!~o be annexea;~the future. ,';". :-":;':;.>.;,:, - I ':,:'t:,..t~ ..' While Idaho Code 67-6526 cites these as fact<>rs ~i~tjping a city's Area of Impact (in the broader sense), they . ! idered forj~vidua1 ap .,. "'tiations as well, In terms of Trade area, it could be ar~' . ee of the ~!ll' comers at the Ustick/Eagle intersection are within Meridian's Ii.:" .of 1m' (all desigml~ for regional mixed use), the dominant commercial trade in th ,. . vicinity will'tt" within Meridian's future taxing district, Geographically,tliesubj '. '.' ., '~yland on the north side of Us tick and east side of Eagle wit~~~~ Area . 'lUufitabuts existing Boise City limits, All of the land on the so~iide of tf..;betw e and the v.. mile line west of Cloverdale is within ,"'" . "',')':;i.:_" Meri...' is the land .'. ,. we '.' .' '.' Eagle Road fora 'J4 mile north ofUstick In terms of factor, ';gtbove, the I ' uld b'immediately annexed by Boise City but, likewise, is "reasonab 1~ected to be rxed"'mto Meridian within the neld sirx: to eight months. "<,,-, ider is the ability to serve the property with urban services, ssed this issue in March 2002, the Public Works Department could not provide specific e ". of when the South Slough Sewer Trunk extension might serve this parcel. However, this sewer project has moved up on the schedule and is now slated for construction beginning around the first of November, and completion by late Spring 2003, Domestic water is already in Ustick Road abutting the parcel. So, as!lllm;ng the South Slough project maintains its timeframe, the primary roadblock to development of this property within Meridian would be obtaining a path of annerxation. Based upon infonna1 discussions, Staff understands both the W.H. Moore parcel at the NW comer of MI-02-l105 ~ Mayor and Council September 12, 2002 Page 3 Ustick and Eagle as well as the Davis parcel to the west may both be applying for annexation to Meridian in the near future. Should that occur, the Caven parcels would become contiguous. STAFF REFCOMMENDATION Staff recommends denial of this request for change to the Area of Impact based on the above discussion, The Planning & Zoning Commission shall make a formal recommendation to the City Council who shall then conduct a second public hearing, supported by findings of Fact and Conclusions of Law. M1.02..." ClwalAOI.mi )I: Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 19 of 47 Shreeve: Concrete and asphalt mix. Zaremba: May I ask a question? Do we need to clarify that the right to use the existing domestic well and septic system also expires at that same 24 months or is that -- that's item one of the site specific -- Borup: Well, yes, Item Number -- oh, I'm sorry, I'm looking back at the staff-- Zaremba: Page 6. Shreeve: It just says the city services extended -- they have to be abandoned when and if there is a change in use as far as expansion beyond that being proposed, Borup: So they can be used just for the temporary office only, Shreeve: And so if, in fact, that building isn't temporary -- if it is temporary, then it changes its use, I think it's covered, Freckleton: I think we are covered. Zaremba: I second the motion. Borup: Motion and second, Any other discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Item 7: Public Hearing: Mike Caven MI 02-005 Request for change of Area of Impact by Caven, Inc, for 39,64 acres located at the northeast corner of North Eagle Road and Easl Ustick Road Borup: Okay. Item Number 7 -- I'm not sure -- did we have anybody else come in to testify on Item Number 7? Zaremba: Mr. Chairman? Borup: Yes. Zaremba: At the request of the applicant, I move that Item Number 7, Public Hearing on MI 02-005, be continued until our meeting of September 19th, Mathes: I'll second that Shreeve: Is there room for the 19th? Borup: Well, that's what I'm a little concerned about That's why I wouldn't mind maybe discussing that a little bit tonight, if staff has some answers, My question is whether -- Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 20 of 47 the applicant has stated this piece cannot be sewered from the Meridian South Slough Trunk Line, Zaremba: Even with a lift station? Borup: Well, anything can be sewered with a lift station but Bruce -- oh, anything can't be? Freckleton: Mr. Chairman? Borup: Bruce, do you have any other information on that? Freckleton: I don't In fact, Mr, Chairman, when we got the notice that they wanted this item continued, staff did not even prepare a report for you, We don't have an applicant or his engineer representative here tonight, you don't have a staff report, -- we are ill prepared to do anything tonight. Borup: Any comment on their statement that back in '98 or whenever that Meridian City at that time said it could not be and -- I mean they said the City Council already gave consent for the change. Freckleton: I don't have any recollection. I would have to dig into the file to do some research, Borup: I mean, you know, if that's true, City Council has kind of already made up their mind, but I don't know at that time if they really knew fully what could be sewered and what couldn't. Freckleton: No, Mr. Chairman, at the time back then we were quite a ways off from having the South Slough sewer extended and we now are -- anticipate breaking ground on that South Slough s ewer in November. We will bet aking sewer through to both Ustick Road and Eagle Road. From my recollection from our facility plans, that is the trunk line that does serve that corner. A little fuzzy on it, but I'm pretty sure that that's how that corner gets its service, so I think we are light years further today than we were way back when, Borup: Okay. Freckleton: So I'm going to have to dig into it a little deeper and prepare a full report for you, Borup: And we will have that for whenever this is on the agenda. Freckleton: Yes. Meridian Planning and Zoning Commission Meeting September 5, 2002 Page 21 of 47 Zc:trembc:t: Just as a sense of direction, we have a note from the Water Department that there is a 12-inch main already in place on that property, Freckleton: That's correct We extend probably a third of a mile east of Eagle Road, Borup: Clear to Duane -- just about to Duane? Freckleton: Well, it goes down to the Summers Funeral Home, Borup: Okay. Freckleton: Is where that main goes. Zaremba: My inclination would be not give up this piece of property, so if in your seeking a determination a lift station can serve it, it would be interesting to know that Borup: Well, the city's past policy is not to do lift stations for small areas, though, hasn't it been? Freckleton: Well, that's not a real small area, Borup: Okay, I guess that depends of what the definition of a small area is, Freckleton: I don't -- Borup: But I don't know if that's -- I wondered whether it's really necessary. I mean if the South Slough will service all the area to the south of the trunk line, I mean it should be able to go the same distance to the north, Freckleton: Well, the general topography of the top does fall off to the northwest, so I know we do -- you know, you're losing ground as you go north and west You're losing depth, Borup: Okay. Freckleton: So-- Borup: How about the parcel on the -- Freckleton: West of it? Borup: Yes. Freckleton: That is the parcel that is owned by Winston Moore. Borup: Right That's coming before us. It's coming up, Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 22 of 47 Freckleton: Yes and, see, the -- the South Slough sewer that we are starting construction on in November will be coming out into Leslie Drive and we are running services north -- we are running a main line north, We are also running it out to Eagle Road here so it can be served -- or this line serves a good majority of the Davis parcel and also Winston Moore's parcel on the corner. This parcel, my understanding is, has sold recently and we will be seeing an application on it this fall. Borup: Interesting, Freckleton: So I think we are see things happen in this area that -- my gut tells me that services are going to be available here in the short time, Borup: Okay. The Winston Moore property would have to be pretty marginal as far as sewer depth if it won't service across the street Freck/eton: Well, and again, we are guessing and we are going back on the -- Borup: Okay. Well, this may be an appropriate time to discuss -- Zaremba: The 19th calendar. Borup: Yes. Since we have this and two other projects. You want me to run through it real quick before we have got it scheduled for the 19th? Zaremba: Yes. Borup: Well, a day care, a 40-acre subdivision, church expansion, just add a manufactured home office space, I believe, CUP for a couple drive-thrus at Silverstone and Drawbridge, which is -- Drawbridge Subdivision. It's a small half-acre or acre -- probably one acre -- small one-acre subdivision, Half acre but just five lots so probably not a lot of time on that one either. One that will probably take -- the only full subdivision will be Castlebrook, It's off of Black Cat, back like the subdivisions we used to see all the time. We have got room for some -- when this agenda was set up it was done with not anticipating, really, continuing more than one item and with that in mind to not get too far backed up, I mean normally we don't have this many things on the second meeting, but we were going to start getting further behind if we didn't Zaremba: Let me ask a procedural question. Normally, on our second meeting of the month the continued items are handled first. Is that a rule or could we ask that the continued items be put on the end of the agenda? Borup: They can be whichever we decide, My first inclination in this case is we put them on the end, because they are the ones that-- Zaremba: They are essentially new -- Meridian Planning and Zoning Commission Meeting September 5, 2002 Pege 23 of 47 Borup: Because they asked for it to be continued, They weren't continued because we didn't get through them. Normally they have been first on the agenda because we have opened the Public Hearing and just ran out of time, Did you have -- Wollen: I believe that would be proper, since the Commission is accommodating the developer by continuing the hearing, Zaremba: I have a motion that has not been seconded, I will amend that motion to say that this item should be handled at the end of the previously scheduled items for September 19th, Borup: Do we have a second? Shreeve: Second, Borup: Motion and second, All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Do we want to wait until the end of the meeting to address the continuing -- or the tabling of the other two items and go on to Item Numbers 10' and 11? Shreeve: Yes, Let's do, Borup: Okay, Let's go ahead and -- let's see, This is tabled. How did your motion -- did your motion say continued or tabled? Zaremba: Continue, Borup: You meant tabled right? Shreeve: Table. Yes. Zaremba: Well, I thought you had opened the Public Hearing, so I was continuing it Borup: No, I'm sorry. No, I did not I did discuss it, but I didn't open the Public Hearing, So I maybe I misled you there, Zaremba: So my question is if it's been noticed for this meeting and we can move it without taking any testimony, I think it needs to be opened to the-- Borup: Are we okay with that? Because if we are doing the table publicly -- the tabling publicly -- Wollen: As I read it that tabling in public -- tabling it in this fashion would be proper, because we have asked -- or the Commission has asked for public testimony and none Meridian Planning and Zoning Commission Meeting September 5. 2002 Page 24 of 47 has been forthcoming, so I believe that we can table it and re-notice it up on the next hearing docket Borup: Yes, We did have no one here to testify. Zaremba: The maker of the motion did use the word continued and I would be happy to amendment that to tabled. Borup: Second? Shreeve: Second. Borup: Okay, All in favor? Thank you, MOTION CARRIED: THREE AYES, ONE ABSENT Item 10: Public Hearing: CUP 02-022 Request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: Item 11: Public Hearing: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building lots on 2.66 acres in an I-L zone for Treasure Valley No, 2 Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: Borup: Then let's move Item Numbers 7 and 8 to the end of the agenda and go into Item Numbers 10 and 11. Public Hearing CUP 02-022, request for a Conditional Use Permit for a three building office complex in an I-L zone for Treasure Valley Business Park by Clark Development Also, Public Hearing PFP 02-002, request for Preliminary and Final Plat approval of three building lots on 2,66 acres in an I-L zone for the same Treasure Valley Number 2 Subdivision by Clark Development I'd like to open both these public hearings at this time and start with the staff report McKinnon: Thank you, Mr. Chairman, Members of the Commission, I assume you have read the staff report and it's a fairly short staff report. I'll give you a brief overview of it, though. On the overhead you will notice the location of the property, again, is the bolded property on the map in front of you, It's on the corner of Florence and Eagle Road, directly across from the Family Center Shopping Center. The question for the Preliminary Plat is to separate the existing single parcel into three separate parcels. but prior to having that recorded they have requested a Conditional Use Permit to allow for up to three buildings to be placed on that lot prior to the recordation of the Final Pial The applicant has requested that they be allowed to put three office uses on this lot at this and then in the future have the plat recorded, The types of uses that are requested are the 0 ffice -- typically medical office, T hey have already received a certificate of zoning compliance for the first building, which is the Primary Health building, That's the September 3, 2002 MERIDIAN PLANNING & ZONING MEETING APPLICANT Caven, Inc. MI 02-005 September 5, 2002 ITEM NO, 7 REQUEST Public Hearing - Request for change of Area of Impact for 39.64 acres for Mike Caven -- northeast comer of North Eagle Road and Easf Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See attached Comments from Becky Bowcutt Contacted: Date: ~ See attached Comments See attached Comments See attached Comments "No Commenf' 1tA.-~ to ~i. ;q I ZDOZ-- - fuo{ of a~cifA-; See attached Comments "We have No Objections to this Proposal" No Comment ~ . Phone: p.l BECD .DMm PIIIIIING SEmoES 1100 E, Valli Hi Ln, Eagle., Idaho 83616 Phon.: 484.3904 Fax: 938-6210 City of Meridian Attn: Planning and Zoning Commissillll 8< Planning Staff 33 East Idaho Meridian, Idaho 83642 RECEIVED AUG 2 8 2002 City Of Meridian City Clerk Office August 27, 2002 Re: Area of Impact Change for Caven Inc. Dear Commission & Staff. This is a fonnal request for deferral ofthe public hearing for the Area oflmpact Change (miscellaneous applicatiOll)fur Caven Inc. I will be out oftown on the September 5tb and will be unable to attend tbe meeting, Please defer this item to the September 19th agenda. Sincerely, &~ ~v~ Becky Bowcutt AUG 28 '02 13:40 PAGE. 01 / MAYOR Robert 0, Corrie ;,~- -~- ..,~~.'1. ~Q /,CITYOF r.f~I!' ", VYLendian .:.- \ ~ IDAHO I); "" ,If ;,.., ~ V SINC! !,1903 PARKS & RECREATION (108888-3579' Fax 898-5501 PUBLIC WORKS (108) 898-5500 .Fa" 887-1297 BUILDING DEPARnlENT (208)887.2211 o Fax 887.1297 PLANNING AND ZONING (108) 884.5533 . Fa" 888-6854 LEGAL DEPARTMENT (108) 288-2499 . Fax 238-2501 CITY COUNCIL MEMBERS Tammy deWeerd William L M, Nary Cherie McCandless Keith Bird 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: August 29, 2002 Transmittal Date: July 26, 2002 Hearing Date: September 5, 2002 File No.: MI 02-005 Request: Request for change of Area of Impact for 39.64 acres By: Caven Inc. Location of Property or Project: northeast corner of N. Eagle Road and E. Ustick Road David Zaremba. PIZ (No VAR. VAC. FP) Jerry Centers, PIZ (No VAR, VAC. FP) Leslie Mathes, PIZ (No VAR, VAC. FP) Keven Shreeve, PIZ (No VAR. VAC. FP) Keith Borup, PIZ (No VAR VAC. FP) Robert Corrie, Mayor Bill Nary, C1C Tammy deWeerd. C1C Keith Bird. CIC Cherie McCandless, C1C Water Department Sewer Department Sanitary SelVice (No VAR VAC. FP) Building Department Yo Concise Remarks: .....- Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig, District Settlers Irrigation District Idaho Power CO, (FP/PP only) U,S, West (FP/PPonly) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (AZ only) . /rz..- ECElVED AUG \ 5 2002 City Of Meridian City Clerk Office AZ.27 FP.24 PPJPFp.21 VNfWN:.. 20 CUP-2& 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Ot1ice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 t rJI' I /\,,-'f ,,' / MAYOR Robert D. Corrie '" Jl';'\ -t1t'U ~;;dl~~ \ ~ IDAHO ~ ~ J ~. ,? ^ < 'SI/ltt ~ 190 3 LEGAL DEPARTMENT (208) 288.2499. Fax 288.250] PARKS & RECREATION (208 888-1S79 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-(297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L M, Nary Cherie McCandless Keith Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVE~~ ~~S WITH THE CITY OF MERIDIAN \b 0 lP' u 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: August 29, 2002 Transmittal Date: July 26, 2002 Hearing Date: September 5, 2002 File No.: MI 02.005 Request: Request for change of Area of Impact for 39.64 acres By: Caven Inc. Location of Property or Project: northeast corner of N. Eagle Road and E. Ustick Road David Zaremba, PIZ (No VAR. VAC. FP) Meridian School District (NoFP) Jerry Centers, PIZ (No VAR, VAC. FP) Meridian Post Office (FP/PP only) Leslie Mathes, PIZ (No VAR. VAC. FP) Ada County Highway District Keven Shreeve, P/Z (No VAR. VAC. FP) Community Planning Assoc. Keith Borup, PIZ (No VAR. VAC, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Bill Nary, CIC Settlers Irrigation District Tammy deWeerd, CIC Idaho Power Co. (FP/PPonly) Keith Bird, C1C U.S, West (FP/PPon/y) Cherie McCandless, CIC Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP/PP only) Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No VAR. VAC. FP) Ada County (AZ only) Building Department Your Concise Remarks: Fir~Department ~ tr~~ ~"~ ~~ ~~<MPJ..05 POhceDepartment ~_.r-z.. __ _~:r ~'-!.g__ City Attorney City Engineer Cnr IA ~A' 9t~~ ~/11<:J>?- City Planner Parks Department ,.....-- IlZ-Z7 FP-24 PPIPFP.27 ~- 20 CUP-ZS RECEIVED AUG 1 3 2002 City of Meridian City Clerk Office 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 8874813 . City Clerk Ollice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 , .-J;;a.a..-. ...,.. !-......' ......... 'A~ Ada County Highway District David E. Wynkoop, President Dave Bivens 1 st Vice President Judy Peavey-Derr, 2nd Vice President Susan S, Eastlake, Commissioner Sherry R Huber, Commissioner 31 B East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (20B) 3B7-6391 E-mail: tellus@ACHD.ada.id.us August 5, 2002 TO: Caven Inc. 6884 Fairview Avenue Boise, Idaho 83704 RECEIVED AUG - 8 2002 SUBJECT: MMI02-005 Request for change of Area of Impact Northeast comer ofN. Eagle Road and E. Ustick Road City of Meridian City Clerk Office On July 19, 2002, the Ada County Highway District Staff acted on CAR02-00034. The conditions and requirements also apply to MMI02-005. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, (llJ1JU- ~tm ~e~~ment Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Drainage/Utilities .. '. _,/II:' it', ~)l. 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 as of July 23, 2002. Tech Review for this item was held with the .applicant on July 19, 2002. Please refer to Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171, jnewton@achd.ada.id.us File Number(s): CAR02-00034/Rezone Site address: 13600 West Ustick Road/City of Boise Owner: Cavin Inc 6884 Fairview Avenue Boise, Idaho 83704 Applicant: Same Representative: Becky Bowcutt Application Information The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval to rezone 36.9-acres from RUT to C. The 36.9-acre site is located on the northeast comer of Eagle Road and Ustick Road. Lead Agency: Acreage: Current Zoning: Proposed Zoning: City of Boise 36.9-acres RUT (Rural Urban Transition) C (Commercial) Vicinity Map CAROZ-G0034 13600 West Ustlck Road L-l!i r' , I i I ~,.._-- y J --i~'~,,--:~--"--_. '-.- ~ -. r, 500 0 5DO 101X1Feet 1 . . A. Findings of Fact 1. Trip Generation: This development is estimated to generate approximately 13,088 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. No development application accompanied the rezone application. 2. Impact Fees: The impact fee rate from the fee tables for this use is $1,885 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. 3. Traffic Impact Study: A traffic impact study was not required with the rezone application. A Transportation Impact Study (TIS) may be required at the discretion of the Ada County Highway Districts Transportation Department's Traffic Engineer when Boise City receives a development application. 4. Site Information: There are two residences located within the proposed rezone area. The remainder of the site is agricultural/undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Church b. South: Agricultural c. East: Residential/Providence Place Subdivision d. West: Agricultural Impacted Roadway(s) Ustick Road: Frontage: Functional Street Classification: Traffic count: 6. Level of Service: Approximately 1, 190-square feet Minor Arterial East of Eagle Road was 9,926 on 4/5/00 West of Eagle Road was 7,707 on 4f5fOO Level of Service 0 at the intersection. The intersection is signal controlled. 45-mph Speed limit: Eaale Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Approximately 1,300-square feet Principal Arterial South of Ustick Road was 34,671 on 4/5/00 Level of Service 0 at the intersection. The intersection is signal controlled. 55-mph Speed limit: Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garzat 334-8340. 7. Roadway Improvements Adjacent To and Near the Site 2 -I . . Ustick Road is a classified Minor Arterial roadway with 2-travellanes with a left tum lane at the intersection of Ustick Road and Eagle Road tapering to 2-lanes to the east of the site. There are no improvements to the roadway abutting the site however there is sidewalk abutting Providence Place Subdivision to the east of the site. ' Eagle Road is a classified Principal Arterial roadway under the jurisdiction of Idaho Transportation Department (ITD) with 4-travellanes with a center tum lane. There are no improvements abutting the site, however there sidewalks abutting Madison Park and Westchester Place Subdivision to the north of the site. 8. Existing Right-of-Way Ustick Road is a classified Minor Arterial roadway with 50-feet of existing right-of-way (25-feet from centerline). Eagle Road is a classified Principal Arterial roadway with 139-feet of existing right-of-way (114-feet from centerline on the east side and 25-feet from centerline on the west side). 9. Existing Access to the Site There is a residential driveway located on Eagle Road approximately 640-feet north of the intersection of Eagle Road and Ustick Road. There is a residential driveway located on Ustick Road approximately 1 ,200-feet east of the intersection of Eagle Road and Ustick Road. Providence Place Subdivision was required to stub (Broadleaf Street) to this site on the eastem properly line approximately 512-feet north of the south properly line abutting Ustick Road. Heather Glen Subdivision was required to stub (Bald Cypress Street) to the northeastern property line of the site approximately 1 ,300-feet north of the south property line abutting Ustick Road. Bald Cypress just borders the northeastern property line. 10. Site History District staff has not reviewed or prepared any previOUS staff report on this site in the past. 11. Five Year Work Program None of the impacted roadways are programmed for re-construction or improvements in the current Districts Five-Year Work Program (FY 03-07). B. Findings for Consideration 1. Traffic Impact study District policy (7106.0) states a study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet of commercial use; or more than 50,000 square feet of industrial or institutional use... the district will consider proposed development of other types not listed and decide the need for a traffic impact study on a case-by-case basis. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). District policy 7204.11.6, requires residential collector roadway to align or offset a minimum of 200- feet from an arterial roadway (measured centerline to centerline). 3 . . " 3. Right-of-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 4. Stub Street District policy 7203.5.1 and 7205.5 requires stub streets to provide intra-neighborhood circulation and to provide access to adjoining parcels. District policy also requires temporary tumarounds with a temporary easement provided to the District at the end of stub streets that serve more than one lot. or are greater than 150-feet in length with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Controlled Intersections District policy 7207.8, access points for proposed developments at intersection should be located as far from the intersection as practical. and in no case closer than as illustrated on Figure F2-F4. Driveway spaCing on Arterial roadways: 220-feet from the intersection for a right-in/right-out access driveway and 44D-feet from the intersection for a full access driveway. Spacing on Minor Arterial roadways maybe be reduced to 315-feet for a full access driveway, this will require eliminating the right-in/right-aut driveway located 220-feet from the intersection. if the total driveway is less than 1,000 ADT. 6. DnvewayOffsets District policy 72.F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 23D-feet from any existing or proposed driveway. District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 50 to align or offset a minimum of 255-feet from any existing or proposed driveway. 7. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). 8. Improvements District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. C. Site Specific Conditions of Approval If the rezone is approved and the District receives a development proposalr the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Boise: 1. Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITO regarding said requirements prior to District approval of the final plat or issuance of a building permit 4 . . (or other required permits), whichever occurs first Contact District /II Traffic Engineer Michael Garz at 334-8340. 2. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 at all requested material. The owner will be paid the fair market value of the right-at-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. 3. A study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet at commercial use; or more than 50,000 square feet of industrial or institutional use... the district will consider proposed development of other types not listed and decide the need for a traffic impact study on a case-by-case basis. Contact District staff at 387-6170 tor details. 4. Local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). 5. As required by District policy, roadway widths and locations as wells as restrictions on the width, number and locations at driveways, shall be placed on any future application for this site. 6. Construct a 5-foot wide detached concrete sidewalk on Ustick Road located 2-feet within the new 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. An agreement must be approved prior to scheduling the final plat for signature or the issuance of a building pennit. Please contact the Right-of-Way Division at 387-3271 for guidelines. 7. Comply with all Standard Conditions ot 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 bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 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. 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 #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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shall be required to call DIGLlNE (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. 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 waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the Change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 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. Site Plan 3. Appeal Guidelines 2. 6 . . Request for Reconsideration 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. lime 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 supplementlhe decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 : . aii ~:~':':~:rl-ct14tS~R Vl\.AiC~. ,/./ -,: ,WES1- y _ .___. :.~.I.. I_I 1..... / ': . (.WAINW.~BT-" , ./ :.' ...... "-'r---~f...._.__...J............t ,-- " ..-...-----...., , , , _._L~_._~ ! . ~. _~NSiO~".: '. I :" A ::" I CITY IMIIrS f ,.. !: ----- . i"'-- BOU ARY ~ '1 . '" Ml~ ~cRES, r: JAS, , ______, JASMINE,. , . ; ! : .~. ~- I )/ ;. ~ ,I.,. I.:;.., .. "~~: 1 ',_ ,. . /..,/). " ;R.lc / ," /;;;' " , , ., , ;, ': , , , , , , , " , , , , , ", , , , , , r . " : . , , --_ ,,... ;- i -r"" j':' . "'~'/" i .: MERIDIAN'....."rll' ~," /lr~,6-PR,i~:. <...>>:;~~<,. i "._J,.-I11' T~1'4i:' l.{j!-. .....~.... -,.t' < :..)-;_.: .~;.....{. " '\J! I ! . , : Jf! ......". "':. )......., \ .I t. f I ........ I ~J : ! ~ , Ii J........ ~. : \ .... )...../ . II ;:;;;tf:i., ~::.r cr~rD-T_Tf?:i~i:Aot:-<~~J":J I .;.~.:'.:;~tif~~:;;;:1f:.i2!:#. ,...i JeJ " ~'"F...4; .:,.".....\', ,- t~" _...: i .'(jQN[~{J[;i;~12P.~: Pt'R., ~10" ,\ \..,:\,~:\'~'\' ~ '. \ , ! 10 ..., ,r::-:;,%iMj;;); :,-1; lj' (\,,\ \.....,-.-".\,.<(>..-:- ::.::j:. I a::: ':r.'-'r.""'::;" ::I:!;_l. . ,Jr./\ .' ....- \. -\ -\ \ 'I '---1./ wi. ' ~;;i~;1~;;' :iiJ~8Ait~}\~>;~)r-~\,<~~t. '}ii;>:~, ,., ,W i ' f T I " '1 I! 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IMPACT AREA BOUNDARY A " " I .! fI BOISE .,' " A .' ," N I ..----._-~.".._-".- RUT -........ , , , , RUT~R1~ , . ......... .....~.-.'..... .. _...- ...... .... -.-- .. -.- .... , soo o 5DO . . l~~~~~D\Yl~ ..eJU1. 0 1 2002 EVELOPMENT SH,sERVICES 10F1 BRIGGS ENGINEERING, INC. ~~- ?o ( ~1~Gl, ] 12081 34008700 1100 w. OVERlAND ROAD PROPOSED IMPACT AREA ADJUSTMENT PORTION OF THE SW 1/4 OF SECTION 33, TAN., R.lE,. B.M,. ADA COUNTY, IDAHO t'll:l'l:II':W ....... ~lIll:1' n... nww= NI"\ ,", 'r":'\lP~' ~.:._;~..~,~ J! c::M'e;;dl;~~";\, '~'D"HO j ~. k ^"7' ~ !1-""T'~I"'''''llI' v..... 'SI~CE :nOJ / M"YOR Raben D. Con"ie CITY COUi'iCIL MEMBERS Tammy dl.':Weerd Willi:.ml L. M. Nary Cherie McCandless K~ith Bird LEGAL DEPt\RTMENT (208) 28$-2499' FOl"" 288-250) PARKS & RECREATlON (208 gS8.3579. Fax 81)8.5501 PUBLlC WORKS (208) 898-5500 ,POl.'i. 887-1 ~1J7 BUILDING DEPARTMENT (208)887.2211.Fa.x887-12'li PLANNING AND ZONING (208) 884-5533 . FJox S88-6RS.\. 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: August 29, 2002 Transmittal Date: July 26. 2002 Hearing Date: September 5,2002 File No,: MI 02-005 Request: Request for change of Area of Impact for 39.64 acres By: Caven Inc. Location of Property or Project: northeast corner of N. Eagle Road and E. Ustick Road David Zaremba, PIZ (No VAR. VAC, FP) Jerry Centers, PIZ (No VAR. VAC. FP) Leslie Mathes, PIZ (No VAR, VAC. FP) Keven Shreeve, P/Z (No VAR, VAC. FP) Keith Borup, PIZ (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C1C Tammy deWeerd, CIC Keith Bird, CIC Cherie McCandless, C/G Water Department Sewer Department Sanitary Service (No VAR. VAC. FP) Building Department Your Goncise Remarks: Fire Department Police Department City Attomey City Engineer City Planner Parks Department .....- diT.6 pr"dp~/'1 . AZ.27 Ff'. 2~ PPIPFP. 27 IJAANN:.. 20 CUP. 28 Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig, District Settlers Irrigation District Idaho Power CO, (FP/PP only) U,S, West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (AZ only) ( II W;L RECEIVEL) . ,. 1 2'\1'2 ". J iJ L Vv CITY OF MERIDIAN CITY C~ERK OFFICF 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208)888-4433' r.. (208) 887-4813 . City Clerk Oftice Fax (208) 888-4218 . Human Resources rax (208)884-8723 PUBLIC HEARING SIGN-UP SHEET DATE 5-Sep-02 MI 02-005 PROJECT NUMBER PROJECT NAME Mike Caven Area of Impact Change NAME FOR AGAINST ~".c,,\J.CJ~ V J'I.J I J ;':ltt' U:J Ci; Ci::kOOi: