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STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Case No(s).:
Applicant:
McNelis Subdivision
AZ-04-004, PP-04-004
Falcon Creek, LLC
P&Z Commission Hearing Dates: March 18 and Apri129, 2004
Recommendation: Approve with conditions (all ayes)
Summary of Public Hearings:
• At the Mazch 18th meeting, the public hearing was opened and then continued until April
29`h, due to a request from staff. Staff requested continuance to allow the applicant time
to coordinate the routing of the sanitazy sewer system within the development, and to
afford the ACHD time to act on the proposed development. No members of the public
were present that wished to testify.
• At the Apri129`h meeting, the Commission discussion primarily focused on access to Ten
Mile Road and Ustick Road, the construction of the multi-use pathways, landscaping
adjacent to the proposed multi-use pathways, the availability of sewer and water service
to this site, and the proposed C-G zoning designation. Becky McKay, representing the
applicant, presented testimony in favor of the application. There were six people that
testified on the proposed development and zoning designations. The public provided
testimony in opposition to, and in favor of the development. Concerns were raised about
the proposed C-G zone and potential uses that would be allowed, traffic problems in the
area, noise, pollution, trash, and an increase in crime if the development is approved.
Testimony was also given about the proposed access to Ten Mile Road and the proposed
multi-use pathways.
Key Commission Changes to Staff Recommendation:
• Modified Preliminary Plat Site Specific Condition #1 to state that the multi-use pathways
will include shoulders that give a total width of 14 feet and be designed to standards of
HS-20 or as jointly agreed by Planning and Zoning staff, the applicant, Public Works,
and the Parks Depaztment.
• Modified the first sentence in the last bullet in Preliminary Plat Site Specific Condition
#4 to read: Provide a minimum 5-foot wide landscape strip with one tree for every 35
linear feet along the interior sides of the multi-use pathways (on the west and north sides
of the development). Staff had originally recommended landscaping on both sides of the
pathways.
• Added a new bullet to the end of Preliminary Plat Site Specific Condition #4 that reads:
Landscaping shall be maintained by the business owner's association of this project. In a
letter to the Commission, the applicant requested that the City be responsible for
maintaining landscaping adjacent to the multi-use pathways. The Commission denied this
request. NOTE: MCC 12-13-17-2 states that maintenance of all landscaping and
screening devises required by ordinance is the responsibility of the property owner.
• Added a provision to the Annexation and Zoning application that will prohibit
convenience stores and gas stations from operating in the proposed C-G zone.
Outstanding Issues for City Council:
• None.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR ANNEXATION &
ZONING OF 34.07 ACRES TO L-O
(16.64 ACRES), I-L (14.67 ACRES),
AND C-G (2.76 ACRES) FOR
MCNELIS SUBDIVISION
Case No. AZ-04-004
RECOMMENDATION TO CITY
COUNCIL
FALCON CREEK, LLC,
Applicant
The property is approximately 34.07 acres in size and is located on the northwest
comer of Ustick Road and Ten Mile Road, within Section 34 of Township 4
North, Range 1 West.
2. Falcon Creek, LLC, is the current property owner and A. Leon Blaser is an
authorized agent for Falcon Creek, LLC, who has provided notarized consent the
subject application.
The Applicant is Falcon Creek, LLC.
4. The subject property is currently zoned RUT (Ada County) and there is an
existing residence with other outbuildings currently on the site.
5. The Applicant requests the property be zoned L-O, I-L, and C-G.
6. The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
The Applicant proposes to develop the subject property in the following manner:
A commercial subdivision with sixteen (16) buildable lots and five (5)
other/common lots.
9. The Applicant requests zoning of the subject real property toL-O (Limited
Office), I-L (Light Industrial), and C-G (General Retail and Service Commercial)
which is consistent with the Meridian Comprehensive Plan Future Land Use Map,
which designates the subject property as Mixed Use -Waste Water Treatment
Plant.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
34.07 ACRES TO L-O, I-L, AND C-G BY FALCON CREEK, LLC. - AZ-04-004 -Page 1
10. The Five Mile Creek and the Nine Mile Creek are significant natural features that
should be protected through standard stormwater and run-off management
practices. There are no other significant or scenic features of major importance
that affect the consideration of this application.
12. The Planning and Zoning Commission recognizes the concems of Steve Weber,
Dan Borquist, Sabel Snell, Y. Scott Edwards, Janet Wilder, and Charles Crane,
expressed at the hearing on Apri129, 2004. The Planning and Zoning Commission
also recognizes the concems of neighboring homeowners contained in a petition
submitted to the Commission during the Apri129`h hearing.
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 Special Recommendations of the Planning and Zoning Commission as
follows:
1. Add in the development agreement that convenience stores and gas stations aze
prohibited in the C-G zone.
B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning
and Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
1. The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the pazcel contiguous to
existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4. 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:
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
34.07 ACRES TO L-O, I-L, AND C-G BY FALCON CREEK, LLC. - AZ-04-004 -Page 2
• All proposed uses on future lots or parcels that abut Ustick Road and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4, Block
2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat) shall be
approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut Ustick
Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek (shown
as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the concurrent
preliminary plat) shall not require separate Conditional Use Permit approval.
• No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use
on this site without first obtaining a Certificate of Zoning Compliance (CZC)
from the Meridian Planning and Zoning Department (MCC 11-19-1).
• Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to 10 pm.
• The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into
the development agreement language that prohibits convenience stores
and gas stations in the C-G zone.
5. 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 TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
34.07 ACRES TO LO, I-L, AND C-G BY FALCON CREEK, LLC. - AZ-04-004 -Page 3