HomeMy WebLinkAboutCortabitarte AZ 03-026December 1, 2003
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Jack Cortabitarte
December 4, 2003
AZ 03-026
ITEM NO. 11
REQUEST Public Hearing — Request for annexation and zoning of 5.11 acres from RT to C -G and
I -L zones for Cortabitarte Rezone — south of East Fairview Avenue, and west of North Eagle Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: SeeeOffloched AR
Contacted:
Emailed:
COMMENTS
See attached Staff Comments
See attached Comments
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C`
Okay with Meridian Water Department
No Comment
No Comment
No Comment
See attached Comments
No Comment
No Comment
Of
Date: Phone:
Staff Initials: ,
Materials presented at public meetings shall become property of the City of Ai rl an.
HUB OF7RE4SURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Come
CITY OF MERIDIAN
(208)288.2499 •Fax 288-2501
CITY COUNCn, MEMBERS
PUBLIC WORKS
Tauuvy deWeerd
33 EAST IDAHO
BUILDING DEPARTMENT
wiuiam 1.. M. Nary
MERIDIAN, IDAHO 83642
(208) 887-2211 - Fax 887-1297
Cherie McCwtdleas
(208) 888-4433 - FAX (208) 887-0813
PLANNING AND ZONING
Keith Bird
Clerk Office Fax (208) 888.4218
DEPARTMENT
(208)
(208) 884-5533 - FAX 888-6854
STAFF REPORT:
Hearing Date: December 4, 2003
Transmittal Date: November 25, 2003
To: Planning & Zoning Commission / Mayor & City Council N �� IV +"
From: Bruce Freckleton, Assistant to City Engineer NOV 2 5 2003
Steve Siddoway, Associate Planner
Ouv (1fMeridiaD
Re: Cortabitarte Annexation
City Clerk Office
Request for Annexation and Zoning of 5.11 Acres from RI to C -G and I -L Zones
for Cortabitarte Parcel by Jack Cortabitarte (File #AZ -03-026)
We have reviewed these submittals and offer
applicant. These conditions shall be considered
motion of the Meridian City Council:
the following comments, as conditions of the
in full, unless expressly modified or deleted by
APPLICATION SUMMARY
The applicant, Jack Cortabitarte, has requested the annexation and zoning of an existing 5.0 acre lot in
Ada County to the City of Meridian; the additional 0.11 acres to be annexed is right-of-way in
Fairview Road. The front 1.46 acres is proposed as a C -G zone. The rear 3.44 acres are proposed as
an I -L zone. It is the applicant's intent to use the rear (I -L) portion of the property as a parking lot
expansion for Food Services of America, which is immediately east of the property. The front (C -G)
portion will remain undevelopable until sewer is available to the property.
To avoid a split zone on the property, the applicant has submitted a Lot Line Adjustment application
that moves the lot lines to match the proposed zoning. The rear (I -L) portion will simply become part
of the Food Services of America lot, which is also zoned I -L. Since both properties are platted lot lines
and not just remnant parcels, they are eligible for a lot line adjustment. However, since the
Cortabitarte property is currently in Ada County, the annexation must be completed before the Lot
Line Adjustment can be processed.
Once the annexation and rezone and lot line adjustment are complete, Food Services of America
intends to submit a Conditional Use Permit (CUP) for the parking lot expansion. A CUP will be
required for any future use on the property so that the front portion also goes through the conditional
use process when it is developed. Staff recommends approval of the application with the conditions
noted in this staff report.
LOCATION
The subject property is located on the south side
Road and Eagle Road/SH 55.
of Fairview Road, halfway between Locust Grove
AZ -03-026
Cortabitarte.AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 2
North — Vacant land, zoned RUT (Ada County).
South — Vacant land, zoned RUT (Ada County).
East — Food Services of America and other lots in Treasure Valley Business Center, zoned I -L.
West — Rural residences, out -buildings, and vacant land, zoned RI (Ada County).
OWNERS OF RECORD
The property owners of record are Jack and Isaac Cortabitarte; Jack Cortabitarte has provided
notarized consent for the subject application.
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by staff:
A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan
and, if not, has there been an application for a Comprehensive Plan amendment;
Staff finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property
as `Mixed Use — Community.' "The purpose of this designation is to identify key areas [of the
City] which are either infill in nature or situated in highly visible or transitioning areas of the
City where innovative and flexible design opportunities are encouraged. The intent of this
designation is to offer the developer a greater degree of design and use flexibility." (See
Chapter VII, pg. 97.) The requested C -G zoning generally conforms to this stated purpose and
intent of the MU -Community designation. Industrial zoning does not directly fit into the list of
uses for the MU -Community designation, but seems to make sense given the context of the
property and the fact that the proposed use is an extension of an existing adjacent use. The
degree of design and use flexibility built into the MU -Community designation will allow for
the proposed zoning in the context of surrounding uses.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (staff analysis is in italics below policy):
Mixed Use Area Comp Plan Policies (from Chapter VIB
"All development within this designation will occur only under the Conditional Use Permit
process...."
The subject propertyfalls within the MU -Community designation and will require a CUP
for any development on the property. The applicant has stated a willingness to have all
future development proceed through the CUP process.
AZ -03-026 Cortabitarte.AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 3
• "Where mixed use developments are phased, a conceptual site plan for the entire mixed use
area is encouraged with the development application or, depending on the scope of the
development, prior to a formal development application being submitted";
No development application was submitted with the annexation, but it is anticipated that
development will occur in a phased manner. Specifically, the southern portion of the
existing lot will be developed first as an extension of the Food Services ofAmerica parking
and loading area. The northern portion will be a separate future commercial use. While
staff does not usually recommend approval of annexations without a site plan, we see it as
acceptable in this case since all future development will require separate review with
public hearings under the CUP process.
"Permit new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
N, Goal I, Obj. A, #6)
Sewer service is not currently available to the subject property. However, since expansion
of the existing parking lot/loading area for Food Services of America does not require
sewer service, staff recommends approval of the annexation request to allow for the Food
Services CUP application. Since the front is for a future commercial use, staff recommends
a Development Agreement stating that the C -G portion of the lot will remain unbuildable
until urban services are provided to the lot. The proposed annexation is contiguous to the
City Limits and is part of a larger enclave of County property surrounded by City property.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the land to be annexed will be rezoned in the future; nor has the
applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned as a different from the present
zoning designation (RI -Ada County).
C. Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under the new zoning — for example, a residential area turning into
commercial area by means of conditional use permits;
Staff finds that the property will be developed in a manner allowed under the proposed zoning.
The property is an existing rural residential use that is transitioning to commercial and
industrial uses. Conditional use permits will be required for any development proposed on the
property.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the
proposed rezone area;
AZ -03-026 Coftabftarte,AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 4
The general vicinity of this project is in transition from rural residential uses to
commercial/urban type development. Property to the east is in Treasure Valley Business
Center, to the northeast is Louie's Restaurant and Mallane Subdivision; to the northwest is the
Norco development; to the west are several transitional county properties, Elm Tree Plaza,
Econo-Lube Subdivision, and others. Staff finds a rezone of the proposed property would be
compatible with other land use and facility changes in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
No specific uses are proposed with this application, except a planned expansion of the Food
Services parking lot. Staff finds that any future uses, if designed, constructed and operated in
accordance with adopted city ordinances and future CUP applications, should be harmonious
and appropriate in appearance with the existing character of the vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
Staff finds the intended uses on the subject property should not be hazardous or disturbing to
existing or future neighboring uses if all development and landscape buffer ordinances are
exercised. The Commission and Council shall rely on public testimony to determine whether
the proposed uses will be disturbing or hazardous to the neighboring uses.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
Staff finds that sanitary sewer service to the project is not currently available. ACHD staff
approved the proposed application on November 4, 2003. The Commission and Council will
need to reference any written or verbal testimony submitted by the Meridian Police and Fire
Departments regarding their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will finance the future extension of sewer, water, utilities and
irrigation services to serve the project. The primary public costs will be fire and police services.
Staff finds there will not be excessive additional requirements at public cost and that the
annexation and zoning alone will not be detrimental to the community's economic welfare.
L Will the proposed uses 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;
AZ -03-026 Cortabilarte.AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 5
Staff finds that the proposed use will create additional traffic on adjacent arterial roads. The
ACED report estimates that the proposed development will generate 714 additional vehicle
trips per day (10 existing). Shifting the parking and loading area of Food Services of America
west may generate additional noise for surrounding properties. However, since the operation is
existing, the additional noise should not be excessive. Staff does not anticipate the proposed
use will create smoke, fumes, glare, or odors. To comply with this finding, staff recommends a
CUP be required for future uses in accordance with the Comprehensive Plan requirement.
L Will the area have vehicular approaches to the property which shall be so designed as not
to create an interference with traffic on surrounding public streets;
Staff finds that any fiiture uses will impact the level and flow of traffic on the surrounding
streets. Specific traffic counts will be determined at the time of development application; as
noted above they could be up to 714 additional trips per day. However, given the intention to
use the majority of the property as an expanded parking and loading area for an existing
business, the actual number will likely be lower. Standards for future driveway offsets are
provided in ACHD's report. Staff finds that the proposed use will not create significant
interference with traffic on the surrounding public streets. Please refer to ACHD comments for
additional detail on this issue.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
Staff finds that the proposed annexation will not result in the destruction, loss or damage of
natural features. There are several mature trees that should be protected around the existing
residence. However, the area intended for parking expansion appears to be void of significant
existing trees.
L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992).
Staff finds that the annexation of this property would be in the best interest of the City for the
following reasons:
• increased commercial land base available to future developers;
• increased property tax revenue;
• facilitates expansion of an existing industry; and
• the application substantially complies with the Comprehensive Plan.
Staff notes that a public multi -use pathway is depicted on the subject property on the
Comprehensive Plan. The applicant should coordinate the pathway location and design with
the Meridian Parks Department prior to submitting future development applications on the
property.
AZ -03-026 Cortabitacte.AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 6
SPECIAL CONSIDERATIONS
Existing Residence: The subject property has an existing residence near Fairview Ave. Upon
annexation and zoning of the property to C -G, the residence will become a non -conforming
use. Staff understands that the residence is currently vacant. Staff recommends that the
existing residential use be abandoned upon annexation, so that the City is not creating
additional non -conforming uses. The applicant should address this at the public hearing.
2. Sewer Service: Since sewer service is not available to the property, the commercial frontage
will not be developable with commercial structures until sewer service is extended to the
property. The proposed parking and loading area expansion for the adjacent Food Services of
America building will not require sewer service and may be allowed prior to the sewer
extension. Staff recommends a development agreement (DA) be required as part of the
annexation that allows for the parking expansion, but makes the commercial frontage
undevelopable until sewer service is available.
3. Split Zoning: As depicted, it appears that the applicant is proposing a split zone for the
property—a situation usually discouraged by the City. However, to address this, the applicant
has submitted a Lot Line Adjustment (LLA) to make the I -L portion of the property part of the
Food Services of America lot. The City Engineer is currently researching any issues associated
with approving an LLA that creates one lot in two separate subdivisions. Staff recommends
requiring a letter from the City Engineer that the LLA is approved and awaiting annexation in
order to be recorded prior to the Council taking final action on the subject application. If for
some reason the LLA cannot be approved, the DA should require platting the property to split it
at the location where the different zones meet.
SITE SPECIFIC COMMENTS
The legal description, stamped approved by Public Works on October 7, 2003, meets the
requirements of the City of Meridian and State Tax Commission and will place the parcel
contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian and the property owner(s). The DA shall require that:
• All future uses within the boundaries of this annexation can only be approved through the
Conditional Use Permit process.
• The existing residence shall be abandoned upon annexation and zoning.
• The C -G area shall remain undevelopable until sanitary sewer service is available to the
property.
• Any other conditions desired by the Commission and Council.
AZ -03-026 Cortsbitatte.AZ
P&Z Commission/Mayor and Council
Transmittal Date: November 25, 2003
Page 7
4. Any existing domestic wells and/or septic systems within this project will have to be removed from
their domestic service, per City Ordinance Section 5-7-517, when services are available from the
City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation.
RECOMMENDATION
With the comments noted in this report, staff recommends approval of this application.
AZ -03-026 Cortabitarte.AZ
,*ft
100. Ada County Highway District
Sherry R. Huber,
Susan 5. tastlaKe, 1st Vice President Garden City ID 83714-6499
Dave Bivens, 2nd Vice President Phone (208) 387-6100
David E. Wynkoop, Commissioner FAX (208) 387-6391
John S. Franden, Commissioner E-mail: tellus@ACHD.ada.id.us
November 6, 2003
To: Jack Cortabitarte
P.O. Box 8566
Boise, Idaho 83707
RECEIVED
NOV 10 2003
Subject: MAZ03-026 City of Meridian
Annexation and Rezone City Clerk Offioe
2365 Fairview Avenue
On November 4, 2003, 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 208-387-6171.
Sincerely,
Joyce Newton
Development Analyst
Right-of-way & Development Services
Planning Division
CC: Planning & Development project file
City of Meridian
Construction Services
Drainage
Utilities
Briggs Engineering
Steve Arnold
800 W. Overland Road
Boise, Idaho 83705
°j1'''A
rAda County Highway District
& Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level on Tuesday,
November 4, 2003. Tech Review for this item was held with the applicant on Friday, October 31, 2003.
Please refer to the attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171 phone,
208-387-6393 fax, jnewton@achd.ada.id.us
File Numbers: MAZ03-026/Annexation and Rezone
Site address: 2365 Fairview Avenue
Applicant: Jack Cortabitarte
P.O. Box 8566
Boise, Idaho 83707
Representative: Briggs Engineering
Steve Arnold
1800 W. Overland Road
Boise, Idaho 83705
Application Information:
The Ada County Highway District (ACHD) staff has received the above referenced application requesting
annexation and rezone approval The applicant is proposing to annex the entire 5.11 -acres. The rezone
portion of the application is for the front portion of the site (1.46 -acres) is proposed for general retail and
service commercial (CG) zoning with the remaining 3.44 -acres being light industrial (IL) zoning. The site is
located on the south side of Fairview Avenue approximately 2,583 -feet west of Eagle Road.
Acreage: 5.11 -acres
Current Zoning: R1 (Residential)
Proposed Zoning: CG and IL
Proposed Use: 1.46 -acres to remain undeveloped until city services are available
3.44 -acres is proposed to provide parking for the commercial/industrial
site to the east and south of the site.
Vicinity Map I MA203-026
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A. Findings of Fact
1. Trip Generation:
The actual trips will be determined when the District receives a development application. Based on
the zoning and the acres, the site is estimated to generate up to 714 additional vehicle trips per day
(10 existing) and will be based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees:
There will be an impact fee that is assessed and due prior to issuance of a building permit. The
assessed impact fee will be based on the impact fee ordinance that is in effect at that time.
3. Traffic Impact Study:
A traffic impact study was not required with the rezone application. A Transportation Impact Study
(TIS) may be required at the discretion of the Ada County Highway District when a development
application is received.
4. Site Information:
The site is undeveloped.
5. Description of Adjacent Surrounding Area:
a. North: 5 -acres un-platted/Dove Meadows
b. South: Pleasant Valley Subdivision
c. East: Treasure Valley Business Center Subdivision
d. West: Norco Subdivision
6. Impacted Roadways
Fairview Avenue:
Frontage: Approximately 150 -feet
Functional Street Classification: Principal Arterial
Traffic count: East of Locust Grove Road was 31,033 on 7/6/00
Level of Service: "C
Speed limit: 40 -mph
7. Roadway Improvements Adjacent To and Near the Site
Fairview Avenue is a principal arterial roadway with 4 -travel lanes, center turn lane with no curb,
gutter or sidewalk abutting the site. There is sidewalk to the east and west of the site.
8. Existing Right -of -Way
There is approximately 74 -feet of existing right-of-way (37 -feet from the centerline) on Fairview
Avenue. The applicant should verify the right-of-way.
9. Existing Access to the Site
The site fronts Fairview Avenue, with two driveways that connect providing access to the single-
family residence. Driveway # 1 is located approximately 40 -feet east of the west property line and is
15 -feet in width, driveway # 2 is offset approximately 19 -feet to the east and is 15 -feet in width and
approximately 102 -feet west of the eastern property line. The access to the site is not paved.
10. Site History
District staff has not reviewed this site as an application or prepared a report in the past year.
11. Capital Improvements Plan/Five Year Work Program
This location is not programmed into the District's current Capital Improvements Plan and/or Five
Year Work Program for reconstruction or any roadway improvements. However, the intersection of
Fairview Avenue and Hickory Avenue is in the Five -Year Work Program for signalization and
intersection improvement to a 5x4 in 2007.
12. Other Development in Area/Miscellaneous
On May 20, 2003, the Ada County Highway District (ACHD) staff reviewed and approved a
conditional use to construct a full service bank. The site is located on the north side of Fairview
Avenue just west of Hickory Way.
On November 29, 2000, the Ada County Highway District Commission reviewed and approved a
preliminary plat for a 5 -lot commercial subdivision. Mallane subdivision site is 6.95 -acres. The
applicant was also requesting a rezone from L -O to C -G. The site is located at the northwest corner
of Fairview Avenue and Hickory Way.
B. Findings for Consideration
This application is for annexation and a change in zoning. Listed below are some of the policies that
may apply to this site. The following Findings for Consideration are intended to cover the District
policies that will pertain to any development proposal on this site. Upon the receipt of a development
application in the future for this site the District may include additional Findings of Consideration that
may also apply to this site.
1. Right-of-Way/Sidewalks
District policy requires 120 -feet of right-of-way on arterial roadways (Figure 72-F16). This right-of-
way allows for the construction of a 7 -lane roadway with curb, gutter, 5 -foot concrete detached
sidewalks and bike lanes.
Fairview Avenue abutting the site is not listed as a proposed project in the District's currently adopted
Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such,
the applicant cannot receive reimbursement for dedicated right-of-way from available collected
impact fees. The applicant shall do one of the following:
a. Dedicate by donation an additional 23 -feet of right-of-way along Fairview Avenue, and construct a
minimum 5 -foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55 -feet from
the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk
along Fairview Avenue, located a minimum of 55 -feet from the centerline of the right-of-way, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk
along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all
necessary adjustments to properly accommodate existing drainage and utilities.
3
2. Driveways/ Signalized
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440 -feet from the signalized intersection for a full -access driveway and a
minimum of 220 -feet from the signalized intersection for a right-in/right-out only driveway.
Successive Driveways
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
40 to align or offset a minimum of 185 -feet from any existing or proposed driveway.
Driveway Construction
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35 -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 policy 7207.9.3 restricts industrial driveways to a maximum width of 40 -feet. Most industrial
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.
3. Roadway offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 300 -feet from an
arterial roadway (measured centerline to centerline).
4 Street Sections
District policy 7202.8 and 72 -FIB, requires roadways abutting commercial developments to be
constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of
right-of-way.
5 Correct Deficiencies or replace Deteriorated Facilities
District policy 7203.6 requires the applicant of a proposed development to make improvements to
existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused
driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement
repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace
deteriorated facilities.
C. Site Specific Conditions of Approval
Upon the receipt of a development application in the future for this site the District intends to add
conditions of approval that apply to this site.
2 Comply with all Standard Conditions of Approval.
El
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
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.
5
E. 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 and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
11
Request for Appeal of Staff Decision
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 appea;!-to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Appeal Guidelines
7
BRIGGS ENGINEERING, INC.
BRIGGS
(208)344-9700
1800 W. OVERLAND ROAD
BOISE. IDAHO 63705
ANNEXATION EXHIBIT REVISION
FOR CORTABITARTE
PORTION OF THE NE 1/4 OF SECTION 8, T.3N., R. 1E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1
DESIGN DRAFT SCALE DATE DWG. NO.
KDH 1'=30P 08/18/03 1 20911 120911APR
E FAIRVIEW AVENUE
REEL PONT OF BONNNG 5 PUBLIC
6 5 _ N 1� N 8789'06' W
—$ Iff-O 5JL . 34 93.fi1 . &'Cx0.'WORRi �.
7 8 2852.41 8
G P. ! F. N0. 93BIJW
TPROPI
SED ZONE
C G
1w } wl
la j >I
JZ LOT 1
THOM* T. h JUDITH WRIGHT
j N I RB525101BDO -
F1
I zo I
Q
¢N
IJ
C.
N 89'3435 E 193.61'
I I H�
LOT 2 1
I, R-1 LOT 4
I OF AMERICA
BRENDA MRA1(E 8 STEVEN HOPPE LOT 1 0� FOOD SERVICES
R85251�fi00 JR e, yE
87104250250 m C iR710 NRNiIE am ZE I -L
�1 I$
PROPOSED ZONE
IL
I
I
T JpL1.EY I �I CITY LIMITS BOUfmw
p1-£SUBOtJ151ON I g g
LOT 5
FOOD SERVICES OF AMERICA
R8525103000
1
I 1
I
LOT 6
CONSOLIDATED FREIGHIWAIS CORP.
88525103500
BLOCK 2
Li7w-793 .79'
RUT
LOT 7
DONALD K BRANDT
87104251530
t)v.
ANNEXATION EXHIBIT
BRIGGS ENGINEERING, INC.
FOR
JACK CORTABITARTE
B R I G G S
A PORTION OF LOT 1, PLEASANT VALLEY SUBDIVISION
(208) 344-9700
LOCATED IN THE NW 1/4 OF SECTION 8, T.3N., R.1E., B.M.
1800 W. OVERLAND ROAD * BOISE, IDAHO 83705
MERIDIAN, ADA COUNTY, IDAHO
DWG DATE:DWG
N0.
SCALE:
p Fes,IKJ'
09/22/03 CSM
20911
NTS
3%9 F�EI B IT
EXHIBIT
X
20911-ANNEX.DWG
NAAYOR
ROBERT D. CORRIE
COUNCIL MEMBERS
WILLIAM L.M. NARY
KEITH BIRD
TAMMY DE WEERD
I HHRIF SI CCANDLESS
k RAL FIRE COMMISSIONERS
RICI'IA D(GREENE
¢RR1 11 IGI I"FON
SICbl 111-1011
November 24, 2003
11 t t"', Y 01= i.
i{, IPL\Hf) ,1i
an,
CL'I'Y/RUR?11- -1 P P.TML�N:P
TO: Meridian Planning & Zoning Commission
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Cortabitarte Annexation
CHIEF
KEN W. BOWERS
DEPUTY CHIEF - FIRE PREVENTION
JOSEPH SILVA
DEPUTY CHIEF DRAINING
BILLJOHNSON
510 Fast 1"mnktin Road
Mcridini). ❑) S.36a1
X108) 8'" 123=1
Fax INS) 895-0790
wz: 200
1 1) 1��:: - 1, :<I{
.16 rI I, u;s„1:
The following will be the requirements and/or concerns to provide minimun levels of fire
protection for the proposed project:
1. Commercial and office occupancies will require a fire -flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department thru the Public Works Department.
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. This cost of
this installation is to be bome by the developer
8. All access roads leading into and within the project shall have a clear driving
surface with a minimum width of 20' available at all times
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
CITY OF
CUeQian�
11 IDAHO
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
PARKS & RECREATION
(208) 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500- Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
Keith Bird "'T"- E18�
(208) 8845533 - Fax 888-6854 PLANNING & ZONING
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: November
Transmittal Date: October 14, 2003
File No.: AZ 03-026
Request: Annexation and
2003
Hearing Date: December 4, 2003
acres from RT to C -G and I -L zones for
By: Jack Cortabitarte
Location of Property or Project: south of East Fairview Avenue and west of North Eagle Road
David Zaremba, P/Z (No VAR, VAc, FP)
Jerry Centers, P/Z (No vAR, vAc, FP)
Leslie Mathes, P/Z (No vAR, vAc, FP)
Michael Rohm, P/Z (No vAR, vac, FP)
Keith Borup, P2 (No VAR, vAc, FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Ith Bird, C/C
Cherie McCandless, C/C
Water Department,
Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FP/PP orgy)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Inig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP onry)
U.S. West (FP/PPonly)
Intermountain Gas (FP/PPo*)
Bureau of Reclamation (FP/PPoniy)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FP/PP onry)
Meridian Development Corporation
Historical Preservation
Your Concise Remarks: i.,,i �.( -
OCT 2 0 2003
City Of Meridian
City Clerk Office
33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433
City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
,4 CITY OF 1ev1
U IDAHO
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
PARKS & RECREATION
(208) 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500 - Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
PLANNING & ZONING
(208) 884-5533 - Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: November 26, 2003
Transmittal Date: October 14, 2003 Hearing Date: December 4, 2003
File No.: AZ 03-026
Request: Annexation and
acres from RT to C -G and I -L zones for
Cortabitarte Annexation
By: Jack Cortabitarte
Location of Property or Project: south of East Fairview Avenue and west of North Eagle Road
David Zaremba, PIZ (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, P/Z (No VAR, VAC, FP)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeeld, C/C
Ke' Bird, CIC
i;
C erie McCandless, C/C
atar Department
Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your
OCT 2 0 2003
City Of Meridian
City Clerk Office
Meridian School District (No FP)
Meridian Post Office (Fp/pp onty)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP onty)
U.S. West (FP/PPonly)
Intermountain Gas (FPiAPonly)
Bureau of Reclamation (F)PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FPlpPonly)
Meridian Develglk@r@pj
Historical Preservation
OCT 15 91303
CITY wi, MERIDIAN
WASTEWATER DEPT.
33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433
City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813
0CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
DISTRICT Return to:
HEALTH Environmental Health Division ❑Boise
DEPARTMENT
❑ Eagle
Rezone # �%z p 3 —0C;2_(: �❑Garden City
Conditional Use # `CI IVIerlCllan
❑ Kuna
Preliminary / Final / Short Plat
❑ ACZ
L' e,vla�,tleeera�✓
Ll Star
We have No Objections to this Proposal. OCT 2 3 2003
❑ 2. We recommend Denial of this Proposal. City= Of Meridian
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal rk Office
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
❑ 13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
❑ 14. Please see attached stormwater management recommendatations Date: __/0 l2-1 ljQL
❑ 15. Reviewed By: &/
Review Sheet
DDHD WW ft
MAYOR
Robert D. Connie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
C�RCY OF
ri�icn�
tl IDAHO
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
PARKS & RECREATION
(208) 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500 - Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
PLANNING & ZONING
(208) 884-5533 - Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerks Office
Attn: Will Berg, City Clerk, by: November 26, 2003
Transmittal Date: October 14, 2003 Hearing Date: December 4, 2003
File No.: AZ 03-026
Request: Annexation and Zoning of 5.11 acres from RT to C -G and I -L zones for
By:
Cortabitarte Annexation
Jack Cortabitarte
Location of Property or Project: south of East Fairview Avenue and west of North Eagle Road
David Zaremba, PIZ (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, P/Z (No VAR, VAC, FP)
Michael Rohm, P/Z (No vAR, vAc, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, CIC
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney Your Concise Remarks:
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FE/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PPo*)
U.S. West (FPiPPonly)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PPonly)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FPiPP only)
Meridian Development Corporation
Historical Preservation Commission
RECEIVED
OCT 31 2003
City of Meridian
Office
ClerkCity
33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433
City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813
AFFIDAVIT OFPOSTING RECEIVED
STATE OF IDAHO } NOV 10 2003
COUNTY OF ADA ) § City Clerk office
City Clerk Office
I1 a rrr FT'i7i I I,f il-, F.,
(address) (phone)
Meridian Idaho being first duly sworn upon
(city) (state) oath, depose and say.
I posted the subject property with the hearing notice sign 27 -days (see date of signature) prior to
the public hearing for the annxuaunn oft S GoAahAK& RrAPOM and lot line a0f8iment.
Dated this __S__.— day of Novembar 2003
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
$SF1MN#, :�� 4ae:ij
VS ARk
S O Nol:4–Pdblic for Id ho
#OTAgI, Residing at !S
1otrBoc *$ My Commission Expires:
Maste6atTtd-posting
M
�:�
,� ;:. �.,
ti
�.
_ . �?: /
,...
RE` -`771" U- ED
t ';3
City 0.1 [vzeiidian
Um 9 Cle . OiTi [/! rea
1503 FIRST STREET SOLFrH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
3 November, 2003 Phones: Area Code 208
OFFICE: Nampa 466-7861
William Berg SHOP: Nampa 466-0663
City of Meridian
33 East Idaho Ave.
Meridian, ID 83642
�f13 Cortabitarte Annexation
Dear Will:
Nampa & Meridian Irrigation District has no comment on the above referenced
application for Annexation and Zoning of 5.11 acres from RT to C -G and I -L Zones for
Cortabitarte Annexation.
Thank you,
Adev ys1.4,
Bill Henson
Asst. Water Superintendent
Nampa & Meridian irrigation District
BH/dbg
C: Water Superintendent
Briggs Engineering
File - Office/Shop
`11/25/2003 20:42 8885052
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
SANITARY SERVICES
,
Z<:ITV OF Pgr -
IL IDAHO
PAGE 02
LEGALDEPARTMENr
(208) 466-9272 - PAX 466.4405
PARKS& RECREATION
(208) 888-3579 - Fax 896.5501
PUBLIC WORKS
(208) 898.5500 - Fax 887-1297
BUILDING DEPARTMENT
(208) 887.2211 - Fax BS7-1297
Keith Bird PLANNING & ZONING
(208) 884-5533 - Fax 889.6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: November 26, 2003
Transmittal Date: October 14, 2003 Hearing Date: December 4, 2003
File No.: AZ 03-026
Request: Annexation and Zoning of 5.11 acres from RT to C -G and I -L zones for
By: Jack
Location of Property or Project: south of East Fairview Avenue and west of North Eagle Road
David Zaremba, PIZ (No vAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, PtZ (No VAR, vac, FP)
Michael Rohm, P/Z (Na VAR, VAC, FP)
Keith Borup, PIZ (No VAR. VAC, FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, CIC
Ch McCandless, C/C
ter Department
ewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FPiPP awry)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP cniy)
U.S. West (FPmPonry)
Intermountain Gas (FP/PPonry)
Bureau of Reclamation (FPIPPony)
Idaho Transportation Department (No FP)
Ada County (Annexa7on onty)
Ada County land Records (FPiPP awly)
Meridian Development Corporation
Historical Preservation Commission
RECE1VEIL
NOV 2 5 2003
City (O(�f Mkerid�{i;a�n_
33 EAST IDAHO AVENUE - N(ERIDIAN, IDAHO 836424T26�j Jh-9 3e
City Clerk Office Fax (208) 888.4218 - Human Resources Fax (208) 884-g723 - Finance & Utility Billing Fax (208) 887-4813
NOV 26 103 08:48 8885052 PRGE.02