HomeMy WebLinkAboutCherry-Linder Rezone RZ-06-012
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a request to rezone 1.69 acres from R-4 (Medium Low Density Residential)
to C-C (Community Business District), for a new retail building, by Daren Blaser.
Case No(s). RZ~06-012
For the City Council Hearing Date of: February 13, 2007(Findings on the February 27,
2007 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 13, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 13,2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 13, 2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 13, 2007 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-012
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval in
the attached Staff Report for the hearing date of February 13, 2007 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 13,2007 incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date of February 13, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-012
By action ofthe City Council at its regular meeting held on the 21e day of
f:tir~u>>'1J ,2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED j;;i'b rf<-..r
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
-
VOTED
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Copy served upon Applicant, The Plannifig ID~PaFtnient, Public Works Department and City
Attest:
Attorney.
By:
City Clerk
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Dated:
OZ/Lc&-t::f7.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
STAFF REPORT
TO:
FROM:
Hearing Date: 2/13/2007
Mayor and City Council
Justin Lucas, Associate City PlalUler
884-5533
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SUBJECT:
Cherry~ Linder Rezone
. RZ-06-0l2
Rezone of 1.69 acres from R-4 (Medium Low Density Residential) to C-C
(Cormnunity 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 S1201336250, S1201336270 and S1201336280. The site currently contains
three exiting homes and associated outbuildings that will be relocated/removed to accormnodate 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
February 13, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the
Development Agreement provisions proposed in Section 10. The Meridian Plannin!! and Zonin!!
Commission heard this item on Januarv 4. 2007. At the public he ann!! thev moved to recommend
approval.
a. Summarv of Commission Public Hearin!!:
i. In favor: Bill Cafarelli
ii. In opposition: None
iii. Commentin!!: None
iv. Staff nresentin!! application: Justin Lucas
v. Other staff commentin!! on application: None
b. Kev Issues of Discussion bv Commission:
i. None
c. Kev Commission Chan!!es to Staff Recommendation:
i. None
d. Outstandin!! Issue(s) for City Council:
i. None
The Meridian City Council heard these items on Februarv 13. 2007. At the DubHe hearim. they
annroved the subiect Rezone reouest.
Cherry-Linder Rezone - RZ-06-0 12
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
a. Summarv of Citv Council Public Hearing:
i. In favor: Duane Blaser
ii. In oDDosition: None
iii. Commenting: Greg Shute
iv. Written testimonv: None
v. Staff Dresenting aDDlication: C. Caleb Hood
vi. Otber staff commenting on aDDlication: Ron Anderson
b. Kev Issues of Discussion bv Council:
i. Lavout and design as shown on the concentual Dlan
ii. Irrigation ditch that runs along the north nronertv line
Ul. Relationshin to the church nronertv to the north and east
~ Kev Council Changes to Commission Recommendation:
i. Did not aDDrove the concent Dlan that was submitted
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-
06-012 as presented in the staff report for the hearing date of February 13, 2007, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-06-
012 as presented during the hearing on February 13, 2007, for the following reasons: (State
specific reasons for denial of the annexation 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.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1440, 1516, and 1528 West Cherry Lane
Section 1, T3N, Rl W
b. Owner / Applicant:
Darren Blaser
6732 W State Street
Garden City, ID 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. We are requesting to change from residential to commercial in order to build a first class
Cheny- Linder Rezone - RZ-06-0 12
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
building to accommodate our expanding business.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as detennined by City Ordinance. By
reason of the provisions of UDC ll-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 (Planning
Commission); January 22"d, 2007 and Februarv 5th, 2007 (Citv Council)
c. Radius notices mailed to properties within 300 feet on: December 8th, 2006 (Planning
Commission); January 19th, 2007 (Citv Council)
d. Applicant posted notice on site by: December 26th, 2006 (Planning Commission); Februarv
3.d, 2007 (Citv Council)
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
1. North: Christ Lutheran Church, zoned L-O
2. East: Christ Lutheran Church, zoned L.O
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
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. CanalslDitches 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
Cherry- Linder Rezone - RZ-06-0 12
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
(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..."
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 serve the entire development. The three
existing access points that serve 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
Cherry-Linder Rezone - RZ-06-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
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-G 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 ll-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.
1. 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
the concept plan. Staff is supportive of the proposed single access point. No other public
street access should be pennitted with this development. The specific location of the
proposed access should be approved by the Ada County Highway District.
. Landscaping: As required by UDC ll-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 ll-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. Staff is 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.
Cherry-Linder Rezone - RZ-06-0 12
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
· 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 ll-5B.lA). 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).
· 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.
Cheny- Linder Rezone - RZ-06-0 12
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
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 ofthe proposed rezone (RZ-06-012), subject
to the Development Agreement provisions listed above. The Meridian Planninl! and Zonine:
Commission heard this item on Januarv 4. 2007. At the public hearinl! thev moved to
recommend approval. The Meridian Citv Council heard these items on Februarv 13. 2007. At
the DubHc hearinl! thev aDD roved the subiect Rezone reouest.
11. EXHIBITS
A. Drawings
1. Vicinity / Current Zoning Map
2. Conceptual Site Plan
3. Conceptual Building Elevations
B. Agency Comments
1. Planning Department
2. Fire Department
3. Police Department
4. Parks Department
5. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development Code
Cherry-Linder Rezone - RZ-06-0 12
PAGE 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
A. Drawings
1. Vicinity / Current Zoning Map
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Exhibit A
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
2. Conceptual Site Plan
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3. Conceptual Building Elevations and Floor Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
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 fire 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 fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'l2" 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 comers 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 ofthe 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 of 28' 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 lbs. All roadways shall be marked in accordance with Appendix D
Section Dl03.6 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 fire 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 FEBRUARY 13, 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 COlll1ections.
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
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 total60-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 pennit (or other
required pennits), whichever occurs first.
5.2 Locate a full access curb-return type driveway in alignment with the driveway located to the
south ofthe 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 total60-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 pennit (or other required pennits),
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 FEBRUARY 13, 2007
C. Legal Description
Colleen Marks, LS. 7045 · 6405 Ustick 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.00oZ7'20"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.89042'08"E. 475.00 feet to a point;
thence S.OO"Z7'ZO"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.B9042'08'W. 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.
MERIOIAN p~~~\C
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BLASER PROPERTY DESCRIPTION.doc
Page 1 of 1
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
D. Required Findings from Unified Development Code
1. 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. The City Council finds that the
proposed zoning map amendment is genenilly 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;
The City Council fmds that commercial are permitted within the requested zoning district of C-c.
City Council believes that the existing parcels in the area have already developed in a nature that is
harmonious and appropriate to the proposed zone. The City Council also finds that the proposed
zoning and future uses on this site can be designed and constructed in a manner that will be
harmonious 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;
The City Council fmds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The City Council 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,
The City Council 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