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
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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
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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.
. .~-~~,
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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.) ~!:
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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
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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
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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
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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
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/\,,-'f ,,'
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MAYOR
Robert D. Corrie
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~ IDAHO ~
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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
,
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...,.. !-......' .........
'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
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~)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
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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
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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).
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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
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(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.
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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.
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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
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EVELOPMENT
SH,sERVICES
10F1
BRIGGS ENGINEERING, INC.
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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
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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
.....-
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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
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RECEIVEL)
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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
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