HomeMy WebLinkAboutCherry Linder Rezone
January 2, 2007
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Darren Blaser
January 4, 2007
RZ 06-012
ITEM NO.
10
REQUEST Public Hearing - Rezone of 1 .69 acres from an R-4 to a C-C zone for
Cherry Linder Rezone - 1440, 1516 & 1528 W. Cherry Lane
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:
See Attached Staff Report
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATlON:
See Attached Comments
No Comment
No Comment
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted: ~ 1, ~~f\.lOh J
Emailed:
Phone: ~I ~_ ')-f~ I -- ? ~
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Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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John S. Franden, President
Carol A. McKee, 1st Vice President
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
December 12, 2006
RECEIVED
DEe 1 4 2006
To:
Darren Blaser
6732 West State Street
Boise,ID 83714
City of Meridian
City Cleric Office
Subject:
MRZ-06-012
Cherry & Linder Rezone
1440, 1516 & 1528 West Cherry Lane
On 12/12/06, the Ada County Highway District acted on your application for the above referenced
project. The attached report lists site-specific requirements, conditions of approval and street
improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6174.
Ryan Mc aniel
Planner 1
Right-of-way & Development Services
Ada County Highway District
CC: Project file, Utilities
City of Meridian
Bill Cafarelli
2309 West Mountain View Drive
Boise, ID 83706
Ada County Highway District. 3775 Adams Street. Garden City, ID · 83714 . PH 208-387-6100 . FX 345-7650. www.achd.ada.id.us
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John S. Franden, President
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
December 12,2006
To:
Bill Cafarelli
2309 West Mountain View Drive
Boise, ID 83706
Subject:
MRZ-06-012
This is a staff level approval of a Rezone application from R-4 to CC for three parcels on
1.69 acres on Tuesday, December 12, 2006. The applicant has not provided a scalable site
plan for this rezone application. The site has frontage on Cherry Lane & Linder Road.
MRZ-06-012
A. Findinas of Fact
· Cherry Lane is currently improved with 4-traffic lanes, 1-turn lane, 65-feet of
pavement with curb, gutter and sidewalk abutting the entire site frontage on
Cherry Lane. There is 82-feet of right-of-way existing for Cherry Lane (35-
feet from centerline).
· Linder Road is currently improved with 4-traffic lanes, 1-turn lane, 64-feet of
pavement. Curb, gutter and sidewalk abut the site from the intersection of
Linder Road & Cherry Lane, north, approximately 90-feet: from that point,
north, approximately 35-feet Under Road has no curb, gutter or sidewalk
abutting the site. There is 88-feet of right-of-way existing for Linder Road
(40-feet from centerline).
This development is estimated to generate 609 additional vehicle trips per day (30 existing)
based on the Institute of Transportation Engineers Trip Generation Single Family Dwelling
land use designation.
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
Cherry Lane 435-Feet Principal Arterial 23,076 east of Under Better than 40 MPH
Road on 5/5/04 LOS"C"
25,120 west of
Meridian Road on
12/8/05
Under Road 125-Feet Minor Arterial 12,582 north of Better than 35 MPH
Cherry Lane on LOS"C"
5/12/04
8,070 south of
Cherry Lane on
4/19/05
Capital Improvements Plan/Five Year Work Program
Under Road, from Franklin Road to Ustick Road, is listed in the Capital Improvements Plan
for widening to 5-lanes; the project includes signalization upgrades and turning lanes at
various intersections. Cherry Lane is listed in the CIP for widening to 7-lanes from Meridian
Road to Linder Road and 5-lanes from Black Cat to McDermott Road; the project includes
signalization upgrades and turning lanes at various intersections.
B. Findinas for Consideration
This application is for a rezone only. Listed below are some of the Findings of Fact
that the District may require when it reviews a future development application
(additional site specific requirements may be levied with a specific redevelopment
application).
1. Cherry Lane:
District Right-of-Way Policy:
District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This
right-of-way allows for the construction of a 7 -lane roadway with vertical curb, gutter and 5-
foot detached concrete sidewalks.
MRZ-06-012
District Sidewalk Policy:
District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all
arterial roadways (7204.7.2).
District Roadway Offset Policy:
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 Intersection / Driveway Offset POlicy:
District policy 72-F4 (2) requires driveways located on arterial roadways near a stop
controlled intersection to be located a minimum of 220-feet from the intersection for a full-
access driveway and a minimum of 150-feet from the intersection for a right-inlright-out only
driveway.
District Driveway Width Policy:
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000
vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as
curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot
radii will be required for driveways accessing collector and arterial roadways.
Applicant Proposal:
The submitted site plan leaves staff with no indication that the applicant proposes to
dedicate additional right-of-way or construct additional street improvements to Cherry Lane.
Staff Comment/Recommendation:
The applicant is required to dedicate right-of-way from the centerline of Cherry lane to total
60-feet from centerline at the easternmost property line. The right-of-way dedication at the
intersection may include additional space for signalization equipment and/or additional turn
lanes. The District will purchase the additional right-of-way to be dedicated from the
applicant from funds available. 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.
The applicant is not required to construct duel sidewalks on Cherry Lane; however, the
eventual location will be not closer than 53-feet from the centerline of Cherry Lane.
The applicant may locate a full access curb-return type driveway in alignment with the
driveway located to the south of the subject site, approximately 385-feet east of Linder Road
(measured near edge to near edge). In the future, this driveway may be restricted to right-
in/out only.
2. Linder Road:
District Right-of-Way Policy:
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.
District Roadway Offset Policy:
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 Intersection I Driveway Offset Policy:
District policy 72-F4 (2) requires driveways located on arterial roadways near a stop
controlled intersection to be located a minimum of 220-feet from the intersection for a full-
access driveway and a minimum of 150-feet from the intersection for a right-in/right-out only
driveway.
MRZ-06-012
District Driveway Width Policy:
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000
vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as
curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot
radii will be required for driveways accessing collector and arterial roadways.
District Sidewalk POlicy:
District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all
collector roadways and arterial roadways (7204.7.2).
Applicant Proposal:
The submitted site plan leaves staff with no indication that the applicant proposes to
dedicate additional right-of-way or construct additional street improvements to Linder Road.
Staff Comment:
The District has plans to locate duel left turn lanes on southbound Under Road. This seven
lane design will require that this site dedicate 60-feet of right-of-way from the centerline of
Linder Road. The right-of-way dedication at the intersection may include additional space for
signalization equipment and/or additional turn lanes. The District will purchase the additional
right-of-way to be dedicated from the applicant from funds available. 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.
The applicant will be required to construct a continuation of the 5-foot wide concrete
sidewalk transitioning from 41-feet from centerline to not closer than 53-feet where no
sidewalk abuts the subject site from the centerline of Under Road (measured centerline to
face of walk).
3. Other Access
Cherry Lane and Under Road are classified as arterial roadways: all access points to Cherry
Lane and Under Road will be closed except the access specifically approved with this
application: direct lot access to Cherry Lane and Under Road is prohibited.
C. Site Specific Conditions of Ap'proval
This application is for a rezone only. Listed below are some of the site specific
conditions of approval that the District may require when it reviews a future
development application (additional site specific requirements may be levied with a
specific redevelopment application).
1. Dedicate right-of-way from the centerline of Cherry lane to total 60-feet from
centerline. The right-of-way dedication at the intersection may include additional
space for signalization equipment and/or additional turn lanes. The District will
purchase the additional right-of-way to be dedicated from the applicant from
available funds. 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.
2. Locate a full access curb-return type driveway in alignment with the driveway located
to the south of the subject site, approximately 385-feet east of Under Road
MRZ-06-012
(measured near edge to near edge). In the future, the District may restrict this
driveway to right-in/out only.
3. Dedicate right-of-way from the centerline of Under Road to total 60-feet. The right-
of-way dedication at the intersection may include additional space for signalization
equipment and/or additional turn lanes. The District will purchase the additional
right-of-way to be dedicated from the applicant from available funds, 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
fi rst.
4. Construct a 5-foot wide detached concrete sidewalk not closer than 53-feet from the
centerline of Linder Road (measured centerline to face of walk). Connect this new
sidewalk to the existing sidewalk on Under Road.
5. Close all access points to Cherry Lane and Under Road except the access
specifically approved with this application: direct lot access to Cherry Lane and
Under Road is prohibited.
6. Comply with Standard Conditions of Approval
The applicant will be required to pay all applicable platting and review fees prior to final approval.
If you have any questions, please feel free to contact me at 208-387-6174.
Sincerely,
Ryan McDaniel
Planner I
Right-of-way & Development Services
CC: Project file
Construction Services
Utilities
City of Meridian
D. Standard Conditions of Agproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
MRZ-06-012
4. 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.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. 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.
8. 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.
9. 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.
10. Payment of applicable road impact fees is required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. 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.
12. 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.
13. 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.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
6 MRZ-06-012
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7
MRZ-06-012
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.
8
MRZ-06-012
IDevelopment Process Checklis~
I2JSubmit a development application to a City or to the County
I2JThe City or the County will transmit the development application to ACHD
I2JThe ACHD Planning Review Division will receive the development application to review
I2JThe Planning Review Division will do one of the following:
DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
I2JWrite a Staff level report analyzing the impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
DWrite a Commission level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
I2JThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission level reports.
DFor All development applications, including those receiving a "No Review" or "Comply With" letter:
· The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by
ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
· The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER?
Construction Zone
o Driveway or Property Approach(s)
· Submit a "Driveway Approach Request" fonn to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
o Working in the ACHD Right-of-Way
· Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"
to ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 s.f. of concrete or asphalt.
Construction (Subdivisions)
o Sediment & Erosion Submittal
· At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Stormwater
Division.
o Idaho Power Company
· Vic Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being
scheduled.
o Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre.Con.
9
MRZ-06-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
STAFF REPORT
TO:
FROM:
Hearing Date: 1/4/2007
Planning & Zoning Commisst) D C
Justin Lucas, Associate City ~
884-5533
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SUBJECT:
Cherry-Linder Rezone
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City Of Meridian
· RZ-06-0 12 City Clerk Office
Rezone of 1.69 acres from R-4 (Medium Low Density Residential) to C-C
(Community Business District)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Darren Blaser, has applied for a Rezone (RZ) of 1.69 acres from R-4 (Medium Low
Density Residential) to C-C (Community Business District). The Applicant intends to construct retail
uses on this site that are not allowed within the R-4 zone, thus the request for a rezone. The subject
property is located at the northeast comer of Cherry Lane and Linder Road in Section 1, Township 3
North, Range 1 West, B.M. The subject property is composed of three parcels currently referenced as
Assessor's Parcel Numbers SI201336250, S1201336270 and SI201336280. The site currently contains
three exiting homes and associated outbuildings that will be relocated/removed to accommodate the
proposed multi-tenant retail building. This property is within the Urban Service Planning Area and the
corporate boundaries of the City of Meridian.
The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing
to make site improvements (landscaping, street buffers, etc.) at the time of submittal for a Certificate of
Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance
with the Unified Development Code, including but not limited to, parking and landscaping.
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZ-06-012, as presented in the staff report for the hearing date of
January 4, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the
Development Agreement provisions proposed in Section 10.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Number RZ-06-012 as presented in the staff report for the hearing date of
January 4,2007, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Number RZ-06-012 as presented during the hearing on January 4,2007, for
the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat
request. )
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
06-012 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
Cherry-Linder Rezone - RZ-06-012
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1440, 1516, and 1528 West Cherry Lane
Section I, T3N, Rl W
b. Owner / Applicant:
Darren Blaser
6732 W State Street
Garden City, ill 83714
c. Representative: Bill Cafarelli
d. Present Zoning: R-4
e. Present Comprehensive Plan Designation: Commercial
f. Applicant's Statement/Justification:
Darren and Kim Blaser are requesting a change of zoning for 1516, 1528 and 1440 W. Cherry
Lane. Weare requesting to change from residential to commercial in order to build a first class
building to accommodate our expanding business.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City
Council on this matter.
b. Newspaper notifications published on: December 18th, 2006 and January 1 S\ 2007
c. Radius notices mailed to properties within 300 feet on: December 8th, 2006
d. Applicant posted notice on site by: December 26th, 2006
6. LAND USE
a. Existing Land Use(s): Single family residential
b. Description of Character of Surrounding Area: Commercial and Office Uses
c. Adjacent Land Use and Zoning
I. North: Christ Lutheran Church, zoned L-O
2. East: Christ Lutheran Church, zoned L-Q
3. South: Cherry Lane and Commercial Development, zoned C~N
4. West: Linder Road and Cherry Crossing Commercial Development, zoned C-N
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There is currently sewer in both Cherry and Linder.
Location of water: There is currently water in both Cherry and Linder.
Issues or concerns: This property is currently serviceable and capacity exists for this
Cherry-Linder Rezone - RZ-06-012
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
site.
2. Vegetation: There are various existing trees on the site that may need to be protected
or mitigated for.
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/ A
5. Hazards: N/A
6. Proposed Zoning: C-C
7. Size of Property: 1.69 acres
f. Summary of Proposed Streets and/or Access:
As shown on the concept plan, the applicant is proposing to have one direct access to Cherry
Lane; no access to Linder Road is proposed. Any existing access points to Cherry Lane or
Linder Road should be abandoned with the first Certificate of Zoning Compliance application
on this property. A maximum of one public street access should be allowed into this property
(as allowed/approved by ACHD).
7. COMMENTS MEETING
On December 15, 2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments
and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are
no conditions of approval.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial."
The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range
of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government offices.
Within this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-C, which
is consistent with the comprehensive plan designation for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
. Chapter VII, Goal I, Objective B, Action 5 - "Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas."
The subject property has frontage on both Linder Road and Cherry Lane, which are both arterial
roadways. This proposed commercial development will complement adjacent commercial uses and
be located in an area that is accessible by residential development in the near vicinity.
. Chapter VII, Goal IV, Objective D, Action 5 - "Require appropriate landscape and buffers
along transportation corridors..."
Cherry- Linder Rezone - RZ-06-0 12
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to
provide landscaping per the UDC standards including, but not limited to, the required landscape
buffers along Linder Road and Cherry Lane and landscaping within the parking area.
. Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
As proposed in the applicant's concept plan and restricted by ACHD, only one access point will be
allowed into this property. This one access point will se11le the entire development. The three
existing access points that se11le the homes on this site will be consolidated into one. Staff is
supportive of this access consolidation.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B~2 lists the permitted, accessory, and
conditional uses in the C-C zoning district. Retail stores, offices uses, and service-based industries
are either principally or conditionally permitted uses within the C-C zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
Districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONING ANALYSIS:
The applicant's request to rezone the property to C-C is generally compatible with the surrounding
land uses, as there are extensive commercial developments at the intersection of Linder Road and
Cherry Lane. The other three comers of this intersection are zoned C-N (Neighborhood Business
District). Staff considered recommending that this comer be zoned C-N also, but after careful
review three main reasons were identified as to why staff would support C-C on this site. First,
unlike the other three comers, this proposed development is not directly adjacent to residential uses
(L-O to the north and east), which is one of the factors that leads to C-N zoning. Second, there is a
significant amount of property zoned C-C to the south east of this property. In other words the C-C
zoning designation is not foreign to this area. Third, the proposed development has access to an
arterial street, which is one of the location requirements of the C-C zone, as listed in UDC 11-2B-l.
Based on the compliance of the proposed development with the Unified Development Code and the
general conformance with the policies and goals contained in the Comprehensive Plan, staff
believes that rezoning the subject property from R-4 to C-C is justifiable. Please see Exhibit D for
detailed analysis of the required facts and findings for rezoning.
The legal description for rezoning submitted with the application (prepared on October 6, 2006, by
Colleen Marks, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
I. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally
supportive of the concept plan submitted with the rezone application with the following
comments:
. Access: There is one proposed access point into this site from Cherry Lane, shown on
Cherry-Linder Rezone - RZ.06-012
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
the concept plan. Staff is supportive of the proposed single access point. No other public
street access should be permitted with this development. The specific location of the
proposed access should be approved by the Ada County Highway District.
. Landscaping: As required by UDC 11-2B~3 the applicant should construct, a minimum,
a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape
buffer should be placed on the subject property exclusive of any right-of-way that may be
required by the Ada county Highway District (ACHD). All parking lot landscaping
should comply with UDC 11-3B-8.
· Cross Access: The concept plan submitted by the applicant shows two cross access points
that could be provided to the Christ Lutheran Church parcel, which borders this property
to the north and east. Staffis supportive of these two cross access points and recommends
that the applicant submit a copy of a recorded cross access agreement that grants cross
access to parcel number S1201336305 (Christ Lutheran Church) to the north and east.
This agreement should be submitted with the Certificate of Zoning Compliance
application for the proposed building.
. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(CZC) permit is to ensure that all construction, alterations and/or the establishment of a
new use complies with all of the provisions of the UDC before any work on the structure
is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the
provisions in the development agreement (see below) are complied with, Staff will
require the applicant to obtain CZC approval from the Planning Department prior to
building construction, where all site and landscaping improvements must be installed
prior to occupancy.
2. A Development Agreement (DA) will be required as part of rezoning of this property. Prior to
rezoning approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include,
at minimum, the following:
. All future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
. The applicant shall be responsible for all costs associated with sewer and water service
installation.
. The following shall be the allowed uses on this property: Permitted and accessory uses
within the C-C zone. All conditionally permitted uses in said zone shall be subject to
CUP approval.
. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit from the Planning Department prior to construction on the subject site.
. The applicant shall be allowed to construct only one driveway access to Cherry Lane, at a
location to be approved by the Ada county Highway District (ACHD). No other public
street access to Cherry Lane or Linder Road will be permitted to this site.
. The applicant shall construct, at minimum, a 25-foot wide landscape buffer along Cherry
Lane and Linder Road. The landscape buffers shall be placed on the subject property
exclusive of any right-of-way that may be required by the Ada county Highway District
(ACHD).
Cherry-Linder Rezone - RZ-06-012
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
· The applicant shall submit a recorded copy of a cross access agreement that grants two
cross access driveways (one to the north and one the east) to parcel number
51201336305. A copy of the recorded cross access agreement shall be submitted with
the Certificate of Zoning Compliance (CZC) application for this property.
· The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
· Any future building on this site shall be generally consistent with the elevations
submitted by the applicant, drawn by Thomas R. Ensley & Associates, dated 10/11/2006,
with the following additions:
1. All exterior building walls shall demonstrate the appearance of high-quality materials
of stone, brick, wood or other native materials. Acceptable materials include, textured
architectural coated concrete panels, tinted or textured masonry block, or stucco or
stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete
panels, or prefabricated steel panels are prohibited except as accent materials.
2. At least two changes in one or a combination of the following shall be
incorporated into the building design: color, texture and materials.
3. The east and west building elevations shall contain architectural elements and
windows similar to the front fayade.
4. All ground level and rooftop mechanical equipment shall be screened from view.
b. Staff Recommendation: Staff recommends approval of the proposed rezone (RZ-06-012),
subject to the Development Agreement provisions listed above.
11. EXHmITS
A. Drawings
I. Vicinity / Current Zoning Map
2. Conceptual Site Plan
3. Conceptual Building Elevations
B. Agency Comments
I. Planning Department
2. Fire Department
3. Police Department
4. Parks Department
5. Ada County Highway District (Draft Comments)
C. Legal Description
D. Required Findings from Unified Development Code
Cherry-Linder Rezone - RZ-06-012
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
A. Drawings
I. Vicinity / Current Zoning Map
Exhibit A
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
2. Conceptual Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The rezoning legal description submitted with the application (stamped on October 6, 2006, by
Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
1.2 See section 10 above for analysis and comments.
2. FIRE DEPARTMENT
2.1 Acceptance of the water supply for ftre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
2.2 Final Approval of the ftre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
2.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 Ibs. All roadways shall be marked in accordance with Appendix D
Section DI03.6 Signs.
2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
2.7 Maintain a separation of 5' from the building to the dumpster enclosure.
2.8 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
2.9 Provide exterior egress lighting as required by the International Building & Fire Codes.
2.10 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site ftre hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
2.11 There shall be a fire hydrant within 100' of all fire department connections.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. PARKS DEPARTMENT
4.1 The Parks Department has no concerns with the site design as submitted with the application.
5. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS)
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application
(additional site specific requirements may be levied with a specific redevelopment application).
5.1 Dedicate right -of-way from the centerline of Cherry lane to total 60- feet from centerline. The
right-of-way dedication at the intersection may include additional space for signalization
equipment and/or additional turn lanes. The District will purchase the additional right-of-way to
be dedicated from the applicant from available funds. 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.
5.2 Locate a full access curb-return type driveway in alignment with the driveway located to the
south of the subject site, approximately 385-feet east of Linder Road (measured near edge to near
edge). In the future, the District may restrict this driveway to right-in/out only.
5.3 Dedicate right-of-way from the centerline of Linder Road to totaI60-feet. The right-of-way
dedication at the intersection may include additional space for signalization equipment and/or
additional turn lanes. The District will purchase the additional right-of-way to be dedicated from
the applicant from available funds. The right-of-way purchase and sale agreement and deed must
be completed and signed by the applicant prior to scheduling the fmal plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first.
5.4 Construct a 5-foot wide detached concrete sidewalk not closer than 53-feet from the centerline of
Linder Road (measured centerline to face of walk). Connect this new sidewalk to the existing
sidewalk on Linder Road.
5.5 Close all access points to Cherry Lane and Linder Road except the access specifically approved
with this application: direct lot access to Cherry Lane and Linder Road is prohibited.
5.6 Comply with Standard Conditions of Approval
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
C. Legal Description
tIA~ /(S
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Colleen Marks. L.S. 7045 · 6405 Ustlck Road · Boise, Idaho 83704
Phone: (208) 378.7703 . Fax: (208) 378-7759. Emall: survey@markslandsurveying.com
REZONE DESCRIPTION
A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N., R.1W., Boise Meridian. City of
Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a point marking the SW Corner of said Section 1, T.3N., R 1W.. Boise Meridian,
City of Meridian, Ada County, Idaho and the centerline intersection of North Linder Road and
West Cherry Lane, said point being the REAL POINT OF BEGINNING;
thence N.00027'20"W. 155.00 feet along the westerly boundary of said Section 1 and the said
centerline of North Linder Road to a point;
thence N.S9042'OS"E. 475.00 feet to a point;
thence S.00027'20''E. 155.00 feet to a pOint lying along the said southerly boundary of Section 1
and the said centerline of West Cherry Lane;
thence S.S9042'08W. 475.00 feet along the said southerly boundary of Section 1 and the said
centerline of West Cherry Lane to the point of beginning, containing 1.69 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
D. Required Findings from Unified Development Code
I. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or
rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The applicant is proposing to zone the subject property to C-c. Staff finds that the proposed zoning
map amendment is generally compatible with the applicable provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that commercial re permitted within the requested zoning district of C-C. Staff believes
that the existing parcels in the area have already developed in a nature that is harmonious and
appropriate to the proposed zone. Staff also fmds that the proposed zoning and future uses on this
site can be designed and constructed in a manner that will be hannonious with, and appropriate in
appearance with, the existing and intended character of the surrounding area, if the applicant enters
into a development agreement with the City. Staff recommends that the Commission and Council
rely on staff s analysis, public testimony received and any comments submitted from any other
agencies or departments regarding whether this property should be rezoned as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety,
or welfare. Staff does not anticipate the proposed rezone and subsequent uses will create excessive
traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council
rely on any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
Exhibit D