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HomeMy WebLinkAboutMallane Comm Complex RZ 03-001BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. RZ-03-001 REQUEST FOR REZONE OF 6.95 ) ACRES FROM L-O TO L-O & GG ) RECOMMENDATION TO CITY ZONE FOR MALLANE ) COUNCIL COMMERCIAL COMPLEX ~ RECEIVED THE LAND GROUP, INc., > MAR 2 62003 Applicant ) City Of Meridian City Clerk Office 1. The property is approximately 6.95 acres in size and is generally located on the north side of E. Fairview Ave., approximately 1/z mile west of N. Eagle Rd., Meridian. The property is designated as Commercial. 2. The owner of record of the subject property is M & L Limited Partnership, 620 W. Idaho, Boise, Idaho 83701. Applicant is The Land Group (Russ Hepworth), 128 S. Eagle Rd., Eagle, Idaho 83616. 4. The subject property is currently zoned L-0 (Limited Office) and consists of vacant land. 5. The Applicant requests the property be zoned as L-O (Limited Office) and C-G (General Retail and Service Commercial). 6. The subject property is bordered to the north by Dove Meadows Subdivision, zoned R-8 & L-O, to the south by Fairview Ave. and Treasure Valley Business Center, zoned I-L, to the east by Capital Christian Center, zoned L-O, and to the west by vacant land, zoned RUT (Ada County). 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: commercial subdivision. 10. The Applicant requests zoning of the subject real property as L-O & C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMMERCIAL COMPLEX BY THE LAND GROUP, INC. - RZ-03-001 -Page 1 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Annexation And Zoning as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC REQUIREMENTS Staff recommends the following be made conditions of the Rezone: STANDARD CONDITIONS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. 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. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 4. 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 TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMMERCIAL COMPLEX BY THE LAND GROUP, INC. - RZ-03-001 -Page 2 B. Adopt the Recommendations of the ACRD as follows: Special Recommendation to the City of Meridian and the Applicant: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. 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. 3. The existing driveway on Fairview Avenue, located approximately 500- feet west of Hickory Way is approved with this application. 4. Construct driveways on Hickory Way to -align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMMERCIAL COMPLEX BY THE LAND GROUP, INC. - RZ-03-001 -Page 3 5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a shaze of the signal at fTickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. 6. Provide a recorded cross access easement for all of the lots within the subdivision, and to the outpazcel to the east to use this pazcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. 7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant has two weeks from the date of Commission action (November 29, 2000) to request reconsideration of this requirement. 8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 9. Other than the access point specifically approved with this application, direct lot or pazcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Other than the access points specifically approved with this application, direct lot or pazcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall s~ecificall~denti each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hazdship or inequity The written request shall be submitted to the District no later than 900 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regazding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMMERCIAL COMPLEX BY THE LAND GROUP, INC. - RZ-03-0Ol -Page 4 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. 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. 6. 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. 7. 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 (1-800-342-1585) at least two fiull business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 38'I-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8, 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. 9. 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, RECOMIviENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMMERCIAL COMPLEX BY THE LAND GROUP, INC. - RZ-03-0O1 -Page 5 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fir~flow as required by the 1997 Uniform Fire Code Appendix III- A. Please show all proximity hydrairts within 500' of the project on the resubmitted plat. 2. All ermances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The fire lanes shall have a cleaz driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 RECO&IMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR MALLANE COMIVIERCIAL COMI'LEX BY THE LAND GROUP, INC. - RZ-03-001 -Page 6