HomeMy WebLinkAboutAngel Park Dev. RZ 02-005
November 18. 2002
RZ 02-005
MERIDIAN PLANNING & ZONING MEETING
November 21.2002
APPLICANT Farmers and Merchants State Bank
ITEM NO.
4
REQUEST Public Hearing - Request for a Rezone of 0.8 acres from L-O to C-G zones for Angel
Park Development - northwest comer of North Hickory Way and East Fairview Avenue. west of
North Eagle Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
Sa (\\"\Ü(I"t'd 8k~« ronW\"(j\tr
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
"Ok per Meridian Water Departmenf'
"No Commenf'
"No Comments at this time" ï?..e Co rvvrr'ltn J
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MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See aHached Comments
"We have No Objections to this Proposal"
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
No Comment
US WEST:
INTERMOUNTAIN GAS:
OTHER: ~
Contacted: ,^,,¿Il.~ )\~\\tJ\S
Date: {I-I ~ / ð 'J-.--phone: S~$ -s-:;2:bl ~""--
Matelløls presented at public meetings shall become property of fhe City of Meridian.
MAYOR
Robert D. CoITie
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 . Fax288-2501
CrIY COUNCIL MEMBERS
TammydeWeerd
Keith Bird
Cherie McCandless
William LM. Nary
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 . F AX (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBUC WORKS
BUILDING DEPARTMENT
(208) 898-5500' Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533, FAX 888-6854
MEMORANDUM:
November 5, 2002
To:
Planning & Zoning Commission, Mayor and City CouncilRE C E IVE D
Bruce Freckleton, Senior Engineering Tech ~ NOV 1 8 2002
Dave McKinnon, Planner n ..... J A
lJf'\ City Of Meridian
Request for a Rezone of 0.8 Acres of Land from L-O (Limit~jtoffi~f 16~
(General RetaU and Service Commercial District) Zoning, for Farmers and
Merchants State Bank (File No. RZ-02-005).
From:
Re:
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of the applicant. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & BACKGROUND
The applicant, Farmers and Merchants State Bank, have requested the rezone of a triangular
shaped lot, located on the northwest corner ofFairview Avenue and Hickory Drive, from an L-O
zoning designation to a CoG zoning classification. The property directly to the west of the subject
property was rezoned to the CoG designation in 2001.
The property was originally annexed into the City of Meridian in 1992, and was given the L-O
zoning at that time. In the past ten years the property has been a part of several different
development proposals; however, the property remains vacant today. The applicant believes that
the property should and will be developed for a commercial use, and have requested the rezone
in order to be in harmony with the adjacent commercially zoned land and to bring the property
into compliance with the City's Future Land Use Map which designates the property as
"Commercial" .
It appears that the legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission. And that if rezoned to CoG, the
subject lot would conform to the minimum frontage of the zone.
LOCATION & SURROUNDING USES
The subject property is located on the northwest corner of Fairview and Hickory Drive
intersection, approximately 1/3 of a mile west of Eagle Road.
SURROUNDING PROPERTIES
North: The Capitol Christian Church, zoned L-O.
South: A commercial carwash, zoned I-L.
RZ-02.o"
An.,t P"'-RZ
Mayor and Council
November 5, 2002
Page 2
East: Capitol Christian Center, zoned L-O.
West: Louie's Restaurant and vacant C-G zoned land.
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following qnestions about the proposed zoning amendment (11-15-
ll):
A.
B.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive plan
amendment;
Staff finds that the adopted Comprehensive Plan's Future Land Use Map delineates the
subject property as "Commercial". The requested C-G zoning is harmonious with the
"Commercial" designation and is in accordance with the overall goals and policies of the
Comprehensive Plan.
Is the area included in the zoning amendment intended to be re-zoned in the future;
Staff finds that the proposed zoning amendment complies with the intended zone(s)
supported by the Future Land Use Map. Staff does not anticipate that the property will be
rezoned in the future.
c.
Is the area included in the zoning amendment intended to he developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has not submitted detailed development plans for the un-
built parcels within the development; however, stafffmds that the land to be rezoned will
be developed as a single commercial building. If the property is developed in accordance
with the MCC, new commercial development would be allowed under the new C-G
zoning designation.
D.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned;
The recent adoption of the Comprehensive Plan changed the land use designation of the
property from "Existing Urban" to "Commercial" on the City's Future Land Use Map.
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
¡¡z.œ.o"
AogclPm.RZ
Mayor and Council
November 5, 2002
Page 3
F.
G.
H.
Staff finds that all development within the subdivision will be required to comply with
the MCC, and that the future development of the land will be in harmony the existing and
intended character of the area. All commercial development applications will have to be
weighed on the merits of the specific application. All development will require a
Certificate of Zoning Compliance or Conditional Use Permit application, as determined
by the Schedule of Use Control in the City's Zoning Ordinance.
Will not be hazardous or disturbing to eßsting or future neighboring uses;
Staff finds that the re-zone to C-G should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within
the C-G zone may be disturbing to future or existing neighbors; however each
development will be required to comply with the approval requirements of the MCC.
The Commission and Council should carefully consider all public testimony, oral and
written, before making this finding.
Will be served adequately by essential puhlic facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such service;
Staff finds that the proposed uses will be adequately served by all essential public
services and facilities.
Will not create excessive additional requirements at puhlic cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, staff finds that the proposed
rezone would not be detrimental to the economic welfare ofthe community.
I.
Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors;
Staff finds that the C-G zoning designation of the property does not inherently allow uses
that will generate activities, processes, materials, equipment, and conditions that are
detrimental to the geoeral welfare of the community.
J.
Will have vehicular approaches to the property which shall be so designed as not to
create an inteñerence with traffic on surrounding public streets;
Staff finds that the proposed C-G zoning will not interfere with general traffic patterns on
any public streets. The lot does not have direct lot access to Fairview Avenue, however a
RZrO2""
Angcl P"kRZ
Mayor and Council
November 5, 2002
Page 4
shared access to Fairview Avenue (to the west of the subject property) has been approved
of by ACIID as part of an earlier development proposal.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
L.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the zoning amendment would be in the best interest of the City by
allowing a property owner to make improvements to the property that would otherwise
not be allowed without the zoning amendment.
CONDITIONS OF APPROVAL
1. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
2.
Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
3.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
5.
Any assessments or re-assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
6.
Development of the property shall be in conformance with the Meridian City Code.
RECOMMENDATION
Staff recommends approval of the rezone application with the above mentioned conditions.
RZ-02-o<J5
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Ada County Highway District
David E. Wynkoop, President
Dave Bivens, 1st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. EasUake, Commissioner
Sherry R. Huber, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
October 22, 2002
TO:
Farmers & Merchants State Bank
4128 Adams Street
Boise, ID 83714
RECEIVED
OCT 23 2002
FROM:
Craig Hood C~
Development Analyst
Planning & Development
City Of Meridian
City Clerk Office
SUBJECT:
MRZO2-005
Rezone L-O to CoG
nwc of Hickory Way and Fairview Avenue
On October 22, 2002, the Ada County Highway District acted on your application for the above referenced
project. The attached staff report lists conditions of approval and street improvements, which will be required
when a development application is submitted to the City of Meridian for the property listed above.
If you have any questions, please feel free to contact staff at (208) 387-6170.
Cc:
Planning & Developmentlchron/project file
City of Meridian
Construction Services
Drainage
Quadrant Consulting, Inc., 405 S. 8th Street Suite 295, Boise, ID
83702
....;<~it.,
. ~ 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 October 22,
2002. Tech Review for this item was held with the applicant on October 18, 2002. Please refer to Attachment
3 for request for reconsideration guidelines. Staff contact: Craig Hood, 387-6174, chood@.achd.ada.id.us
File Number:
MRZ02-005
Site address:
Northwest corner of Fairview Avenue and Hickory Way, Meridian
Owner/Applicant:
Farmers & Merchants State Bank
4128 Adams Street
Boise, 10 83714
Representative:
Quadrant Consulting, Inc.
405 S. 8th Street, Suite 295
Boise, 10 83702
Application Information
The applicant is requesting rezone approval from the City of Meridian to rezone 0.8-acres from L-O to C-G-
The site is located on the northwest corner of Hickory Way and Fairview Avenue.
Acreage:
Current Zoning:
Proposed Zoning:
0.8-acres
L-O
C-G
7.
2
A.
Findings of Fact
1.
Trip Generation: This development is estimated to generate 284 additional vehicle trips per day (0
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2.
Impact Fees: The impact fee rate from the fee tables for this use will be determined when a specific
development/use is determined for this site.
3.
Traffic Impact Study: A traffic impact study was not required with this application.
4.
Site Information: The subject site is currently vacant.
5.
Description of Adjacent Surrounding Area:
a. North: Capitol Christian Center
b. South: Vacant (Future Water Works Car Wash)
c. East: Capitol Christian Center
d. West: louie's Restaurant
6.
Impacted Roadways:
Fairview Avenue:
Frontage:
Functional Street Classification:
Traffic count:
level of Service:
Speed limit:
Nearest intersection:
Eaç¡le Road:
Frontage:
Functional Street Classification:
Traffic count:
level of Service:
Speed limit:
Nearest intersection:
Hickory Way:
Frontage:
Functional Street Classification:
Traffic count:
level of Service:
Speed limit:
Nearest intersection:
175-feet
Principal Arterial
32,092 west of Eagle Road on 2/20/02
lOSC
35 MPH
Hickory Way, a four-way stop-controlled intersection
None
Principal Arterial
42,307 south of Franklin Road on 2/20/02
LOSE
50 MPH
Fairview Avenue, a signalized intersection
330-feet
Collector
2,586 north of Fairview Avenue on 10/21/00
lOSC
30 MPH
Fairview Avenue, a four-way, a stop-controlled intersection
Roadway Improvements Adjacent To and Near the Site
Fairview Avenue is currently improved with 5 lanes (two eastbound, two westbound, and a center
tum-Iane), no curb, gutter or sidewalk. Hickory Way is currently improved with 2 lanes (no center turn
lane) curb and gutter with a detached sidewalk abutting about half of the frontage on Hickory Way
abutting the subject property.
2.
3
8.
Existing Right-of-Way
There is currently 115-feet (50-feet from centerline) of right-of-way for Fairview Avenue abutting the
site. There is currently 70-feet (35-feet from centerline) of right-of-way for Hickory Way abutting the
site.
9.
Existing Access to the Site
Access to this site is currently provided from a gravel/dirt driveway on Hickory Way located
approximately 300-feet north of Fairview Avenue and in alignment with an existing driveway across
the street.
10.
Site History
The District reviewed this site as Lot 2, Block 1, Angel Park Subdivision. A shared driveway was
approved for the subject lot to Fairview Avenue, located approximately 350-feet west of the east
property line.
11.
Five Year Work Program
A signal is scheduled to be installed at the intersection of Hickory/Fairview Avenue in 2007.
B.
Findings for Consideration
This application is for a change of zoning. Listed below are some of the policies that
apply to the site. Upon the receipt of a development application the District may
require additional Findings of Consideration that apply to the review of future
development applications.
1.
Sidewalk
District policy requires 5-foot wide (minimum) concrete sidewalk on all collector and arterial streets
(7204.6.5). The applicant should be required to construct a 5-foot wide (minimum) concrete sidewalk
on Fairview Avenue and Hickory Way abutting the site.
Access
The applicant has approximately 330-feet of frontage on Hickory Way and about 175-feet of frontage
on Fairview Avenue. District policy (Figure 72-F4 (1)) requires that driveways on arterials be located a
minimum of 220-feet (right-inlright-out) and a minimum of 440-feet (full-access) from an existing road.
The applicant does not have enough frontage on Fairview Avenue to place a driveway at any location
that is in compliance with current District policy. In addition, a note on the recorded plat of Angel Park
Subdivision restricts direct lot access to Fairview Avenue for this site.
- District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit
of 30 to align or offset a minimum of 125-feet from any existing or proposed driveway.
- District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit
of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway.
Also, District policy 7207.8 states that direct access to arterials and collectors is normally restricted
and the developer shall try to use combined access points. When this parcel develops, a driveway
may be allowed on Hickory Way if it is located in compliance with the above stated policies.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35-feet. If a driveway is constructed on Hickory Way in the future, it should be
constructed a maximum of 35-feet wide.
3.
4.
5.
D.
1.
2.
4
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave all driveway(s) to their full width and at least 30-feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with 15-foot radii abutting the existing pavement.
3.
Right-of-way
District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of-
way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached
sidewalks and bike lanes. There is currently 70-feet of right-of-way for Hickory Way abutting the site.
District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F3). This right-of-way
allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks
and bike lanes. The applicant should not be required to dedicate any additional right-of-way because
the existing right-of-way is sufficient for the construction of the future signal and travel lanes.
C.
Site Specific Conditions of Approval
Ifthe rezone is approved and the District receives a development proposal, the District
intends to provide site-specific requirements that apply upon review of future development.
The Findings for Consideration cover a portion of the District policies that will pertain to any
development proposal for this site.
1.
Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet within
the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If
the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk.
The District will require a license agreement for the landscape strip with the detached
sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines.
2.
Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into the existing
sidewalk on Hickory Way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for guidelines.
Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access with Lot
1, Block 1, Angel Park Subdivision located near the northwest property line and in alignment
with the existing driveway across Hickory Way is preferred.
As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
11.
E.
1.
2.
3.
Replace any existing damaged curb and gutter and any that may be damaged during the construction
of the proposed development. Contact Construction Services at 387-6280 for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact Construction Services at 387-6280 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing
utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE at least two full business days prior to breaking ground
within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the
event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Conclusions of Law
The proposed rezone is approved, if all of the Site Specific and Standard Conditions 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. Appeal Guidelines
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Request for Appeal of Staff Decision
1.
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Appeal Guidelines
PUBLIC HEARING
SIGN-UP SHEET
November 21 2002
DATE
PROJECT NUMBER
RZ 02-005
Angel Park Development
PROJECT NAME
NAME FOR AGAINST
D'J:i'.CE1.VI-i~I'
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