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HomeMy WebLinkAboutMarket Square AZAZ 04-009 MERIDIAN PLANNING & ZONING MEETING May 20, 2004 APPLICANT Smith Brighton ITEM NO. 15 REQUEST Public Hearing — Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square - northeast comer of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: / I CITY BUILDING DEPT: CITY WATER DEPT: ()(Jr IPJ CITY SEWER DEPT: No Comment I \ I" CITY PARKS DEPT: No Comment n /c,, ,, MERIDIAN SCHOOL DISTRICT: 1 SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See affidavit of posHn P Contacted: � t Date: �p Phone: �'7? Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Tammy de MEM CITY OF MERIDIAN 12011288-2499LIC • ax -2501 CITY COUNCIL MEMBERS PUBLIC WORKS WORKS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT William L M. Nary MERIDIAN, IDAHO 83642 (208) 887-2211 Fax 887-1297 Shaun Wardle (208) 888-0433 FAX(208)887-4813 -- City Clerk OtFrce Fax (208) 8884218 PLANNING AND ZONING --- -Charles M. Rountree DEPARTMENT -- (208) 884-5533 - FAX 888-6854 STAFF REPORT: ---_ - P&Z Hearing Date: May 20, 2004 - Transmittal Date: May 13, 2004 To: Planning & Zoning Commission / Mayor & City Council R RECEIVED E C EI L D From: Bruce Freckleton, Assistant to City Engineer :�K MAY ,7ZO04 Brad Hawkins -Clark, Principal City Planner ,v- City Of Meridian Re: Market Square Annexation City Clerk Office • Request for Annexation and Zoning of 36.93 Acres from RUT to C -G (General Retail and Service Commercial) for Market Square by Smith Brighton (File #AZ - 04 -009) We have reviewed these submittals and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Smith Brighton, has requested the annexation and zoning of approximately 37 acres located at the northeast comer of the intersection of Eagle Road./SH 55 and Ustick Road. The application is comprised of two (2) separate tax parcels of equal size which form a contiguous, developable block. There is an existing house on the eastern parcel and a trailer on the western parcel. Smith Brighton submitted a detailed site plan with a large retail user on approximately 12 acres on the south end of the site and a conceptual site plan for the remainder of the site. (Note that a revised "Exhibit A" was submitted on April 16th.) Colored building elevations for all four (4) sides of the proposed building accompany the detailed site plan. Immediately upon annexation, the applicant is intending to submit for a one-time building permit for the detailed site portion of the property. If the Planning & Zoning Commission and City Council approve the annexation, staff is recommending the site plan (with proposed modifications) be incorporated as part of a Development Agreement (DA) between the property owner (Caven, Inc.), the developer (Smith Brighton) and the City of Meridian. The applicant has proposed a detailed list of permitted, conditional and prohibited uses for the entire site which would also be incorporated as part of the DA. As outlined below, staff is recommending a few modifications to the proposed use list. The annexation and zoning application proposes a General Commercial (C -G) zone for the entire 36.93 acres. During the 2002 Comprehensive Plan Amendment process, the property owner (Caven Inc.) proposed removal of this parcel from Meridian's Area of City Impact. Neither the P&Z Commission or City Council supported this request and the property remains within Meridian's planning boundaries. However, as of the issue date of this report, the property is not contiguous to Meridian's existing corporate limits. This is due to the fact that neither the Kissler/Cobbs/Ruwe annexation (southeast AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 2 corner of the intersection) or the Blue Marlin (W.H. Moore Co.) annexation (northwest comer of the intersection) are finalized yet. Since these annexations were already approved by City Council, Smith Brighton was allowed to begin processing their annexation. But until either the Blue Marlin (W.H. Moore Co.) parcel or the Kissler parcel is formally annexed, the subject application cannot be annexed. That being said, staff believes at least one if not both of the contiguous parcels will be annexed within the next month. Staff is recommending approval of the annexation application and approval of the C -G zoning request (with a Development Agreement that includes site specific conditions). LOCATION The subject property is located on the northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision in Boise City. The property is designated as "Mixed Use- Regional' on the Future Land Use Map of the 2002 Comprehensive Plan. It is located in Township 4 North, Range 1 East, Section 33. SURROUNDING PROPERTIES North - Two (2) parcels, totaling approx. 36 acres, owned by Boise Church of the Nazarene (zoned A, Boise City). South - Four (4) parcels, currently zoned RUT (the western two parcels were included in the Kissler/Cobbs/Ruwe and Kissler/Dealy annexation applications for C -G zoning). The two (2) easternmost parcels are existing rural residential and designated MU -Regional on the City of Meridian Future Land Use Map. East - Providence Place Subdivision (zoned R -1C in Boise City). There are 19 single family residential lots abutting the east boundary. West - The pending Blue Marlin annexation (approx. 58 acres), owned by W.H. Moore Co. Pending zoning is C -G. OWNER OF RECORD The property owner of record is Caven, Inc. James D. Chambers, Attorney in Fact for Jerry Caven, has provided notarized consent for Smith Brighton to submit 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; AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 3 Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use -Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan ... and 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 -Regional designation. The applicant is not, however, indicating a mix of uses within this development. In addition to the Future Land Use Map, staff finds there are Comprehensive Plan text policies which both support and may not support this annexation. Below is a listing of policies with staff's analysis shown in italics below each policy: COMP PLAN POLICIES WHICH GENERALLY SUPPORT THE APPLICATION • "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 IV, Goal I, Obj. A, #6) The Public Works Department recently completed construction of the South Slough Trunk extension in the vicinity of this annexation. The project extended the trunk to the Eagle /Ustick Road intersection. Municipal water is currently available in Ustick Road in front of the property. The Meridian Fire Department recently opened a new substation (#3) approximately one mile to the west of the subject property. • "Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway." (Chapter V, Goal III, Obj. B, #8) Both Eagle Road/SH 55 and Ustick Road are classified as entryway corridors at this location. The 35 foot wide street buffers will be required at the time of future development and the site plan submitted with the application complies with this policy. (See "Special Consideration " section regarding ITD's ongoing corridor study.) • "Consider Accommodating Bicycle and Pedestrian Travel: A Recommended Approach from the National Center for Bicycling and Walking in all land -use decisions." (Chapter VI, Goal I, Obj. A, #3) The new road profile submitted with the application (see Exhibit A) shows 5 -foot sidewalks and 5 -foot bike lanes on both sides of the proposed new road. Staff strongly supports this proposed street location and design and believes it to be a tremendous asset of the application and development. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Obj. A, #6) AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 4 There is an existing stub street in Providence Place Subdivision (W. Broadleaf Street) to the east which any future development should extend. There is also an existing, mostly constructed public street adjacent to the north boundary (Baldcypress Road), which the development proposes to utilize. It is staff's understanding that the applicant intends to fully improve and extend both of these existing streets. ACHD's staff report requires the applicant to construct Baldcypress with at least 24 feet of asphalt and a new sidewalk on the south side. • The MU -Regional designation has "no upper limit of non-residential uses (square footage) and allows "over 200,000 sq. ft. of non-residential building area." (Chapter VII, pg. 98) The large retail building proposed with this application is approximately 169,000 sq. ft. in size with an additional 20 acres +/- of non-residential/commercial land conceptually proposed. There are five (5) MU -Regional designation areas within Meridian's Area of Impact. Each of these areas is located on high volume corridors/intersections where large, vehicular -oriented uses are targeted to be located. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The subject property has frontage on two arterial roadways. If uses adjacent to the residential land to the west are controlled either through a CUP or a DA, this development should complement adjoining residential areas. "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) While transitional zoning is not proposed (e.g. L -O), the applicant does show a 20 foot wide landscape buffer immediately adjacent to Providence Place Subdivision and an additional 10 feet of landscaping on the west side of the new street, for a total landscape buffer width of 30 feet between the retail building and the residential subdivision. The Subdivision Ordinance requires a minimum buffer width of 25 feet. As long as these landscape strips are designed in accordance with Meridian City Code (MCC) 12-13-12, staff believes the intent of this policy is met by the site plan. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) There are 19 existing residences immediately adjacent to the property's east boundary, which is approximately 1,200 feet long. On the north end of the site, a transitional use is not specifically called out but could be addressed as part offuture CUP applications. On the south where the large retail building is shown, no transitional use is proposed. Rather, a transition landscape buffer is proposed, as discussed above. The Commission and AZ -04-009 Market Sgare.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 5 Council should review the separation and compatibility of the commercial use with Providence Place Subdivision. However, stafffinds that the 150 foot separation shown combined with the benefit of a new access road between Ustick and Baldcypress meets the intent of a transitional use, as long as appropriate screening and noise and light mitigation measures are taken. Transitional uses on the north could be addressed as part of future CUP applications. COMP PLAN POLICIES WHICH MAY NOT SUPPORT THE APPLICATION • "Identify buildings and natural features that contribute to the historic fabric of Meridian." "Protect all significant historic structures and features from demolition when possible." (Chapter V, Goal III, Obj. C, #2 and #3) There is an existing house on the site which is listed in the Ada County Historic Sites Inventory as eligible for the National Register of Historic Places. The structure is sandstone block construction and is one of approximately 60 structures in Meridian's Area of Impact that is listed in the Inventory. The applicant intends to demolish the structure. According to the State Historic Preservation Office, there are tax incentives available for the preservation of certain eligible structures. Even though staff finds below that the structure is not of "major significance" (see Annexation Finding I), we do strongly encourage the applicant to consider a relocation of the structure or some other creative re- use of the building materials within the development. • "Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Subsection 2, pg. 71) This policy is both supported and not supported by the site plan. The new north -south street shown on the east boundary clearly facilitates traffic movement in the area and reduces the number of vehicle trips on Eagle Road/SH 55. However, two full access points to Eagle Road/SH 55 are shown on the applicant's site plan. One of these is a public street (Baldcypress Road) while the other is a private commercial drive (southerly access). Staff does not believe either the full access driveway or public street is consistent with the intent of the above policy or with ITD's Type IV access policies. Staff supports ITO s policy to restrict access to the '/a mile on Type IV facilities. However, this issue will be formally determined upon application to ITD for an approach permit. • "Where feasible, multi -family residential uses will be encouraged (in the Mixed Use areas), especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69"; The subject property is adjacent to the east right-of-way boundary of SH 55 and the property has approximately '/a mile offrontage on the state system. Given the high traffic volumes and central location between I-84 and SH 44, the property has high potential to AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 6 develop as an employment destination center— along with the other three corners at the Eagle/Ustick intersection. The applicant argues that the MU -Regional designation shown at all four (4) corners of the Eagle/Ustick intersection should be interpreted that a mix of uses is desired at the intersection as a whole — not necessarily within each individual parcel on each corner. They have stated that the market demand for retail use is stronger on the east side of Eagle Road (due, in part, to free right turns for evening commuters) versus the west side. Staff's interpretation is that any parcel or assemblage of parcels in the mixed use areas with large scale development potential (e.g. 20+ acres) should not be developed at 100% commercial/retail uses. This is the purpose of the "Commercial" designation in the Comp Plan (to allow 100% commercial use), which is differentiated from the Mixed Use categories. At a minimum, a mix of uses would include both office and retail and, where feasible, high density residential. Approximately six (6) to eight (8) acres of high density residential was conceptually approved as part of the Kissler annexation on the southwest corner. The southeast corner was conceptually approved at 100% commercial/retail and the Blue Marlin annexation on the northwest corner was approved without requiring any future residential uses (although a concept plan has yet to be submitted and this issue is still "open'). The key issue here is interpreting the feasibility for high density residential uses on a parcel -by parcel annexation basis. Is the subject site geographically situated for a successful high density residential project? Would it be compatible with the surrounding uses? Which corner of the intersection, if any, is best suited for high density residential uses? Since this is the fourth and final annexation at this regional intersection, staff believes it is important for the Commission and Council to consider this policy with the subject application. Staff does not believe residential uses are feasible within 300 feet of Eagle Road/SH 55. If the site plan is approved as submitted, this would leave the north 12 acres between the superstore and Baldcypress for any future residential development. If well designed (e.g. vertically integrated), a high density residential development could be compatible with the church to the north and the single family uses to the east. At a minimum, staff recommends the 12 acres shown as "Commercial" on the north end of the site be required to incorporate professional office or other non -retail uses. (See the "Special Consideration —DA issues " below as well as Site Specific Condition #3. a) It should be pointed out that residential uses are prohibited in commercial zones. Under the current Subdivision Ordinance, residential uses would only be permitted in the proposed C- G zone through a Planned Development (PD) where the maximum 20% excepted uses clause is employed. if the Commission and Council want to ensure a mix of uses including some form of residential use in this area, a couple of different options could be pursued: a) Require a Development Agreement (DA) be entered into as a condition of the annexation which establishes a minimum density and/or residential uses through a future PD application; AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 7 b) Deny the C -G zone request for the entire 37 acres and require the applicant to submit a new legal description that incorporates a residential zone for a designated portion of the property; c) Deny and/or table the annexation request until a development application accompanies the annexation which demonstrates that some residential uses are incorporated. B. 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; The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development about a `/ mile west of the subject property, the first phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L -O) located approximately one half ('/�) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential subdivision located in Boise City east of the property. Therefore, staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. C. 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; Staff finds there is only one (1) specific use listed in the application (superstore); all other uses are future. Staff is recommending that all of the future uses within the proposed C -G zone be restricted with a DA. Further, to minimize potential noise, odor, air pollution, and visual pollution, the applicant and staff have prepared a list of uses for the DA. Some of the more intense uses will be processed through the Conditional Use Permit process. See Special Considerations below for more details. Staff finds that with an executed DA that sets guidelines for future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning designation will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU - Regional designation. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Unless restricted as part of the DA, twenty-four (24) hour operations would be AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 8 allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast comer of the building which may, depending upon delivery times; cause a disturbance. A trash compactor for the superstore is also proposed at the southeast corner of the site which may cause some disturbance to existing residential uses to the east and south. These and other future uses can be mitigated through appropriate screening and buffering techniques. The Commission and Council shall rely on public testimony during the hearings to determine whether the proposed uses will be disturbing or hazardous to the neighboring residential uses. E. 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 roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. The Public Works Department recently completed construction of the South Slough Trunk extension in the vicinity of this annexation. The project extended the trunk to the Eagle /Ustick Road intersection. Municipal water is currently available in Ustick Road in front of the property. A new fire substation was opened earlier this year to serve this area. The Commission and Council should rely upon any comments submitted by Meridian Police and Fire Departments to determine serviceability for these services. All other public services and facilities noted above appear to be adequate to service this property. F. 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; Staff finds that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. We also find that the annexation and zoning alone will not be detrimental to the community's economic welfare. G. 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; See Finding D above for a list of some uses which may involve disturbing activities. MCC 11- 12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a DA could establish use parameters that would prevent detrimental effects. To comply with this finding, Staff recommends a DA be entered into which addresses specific uses. In terms of traffic generation, this site has approximately 1,230 feet of frontage on Ustick Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to ACHD estimates the site, at 2010 build -out, to generate 10,825 additional vehicle trips per day with an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles per hour. AZ -04-009 Market Squ mAZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 9 Approximately 35% of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CIP for roadway widening within the next 15 years. ACHD is allowing two driveways, a right-in/right-out and a full -access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. Final determination will be made upon submittal of a development application (building permit). On April 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted a list of conditions and needs in order to adequately serve the project, including restricted access to Eagle Road/SH 55 (see Finding H). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions from the Fire and Police Departments and other agencies/departments are at the end of this report. H. 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 the proposed and future uses will impact the level and flow of traffic on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Eagle Road/SH 55 should be restricted and comply with ITD Type IV access policies in order to preserve the capacity and movement on this roadway at build -out. City staff, including the Meridian Fire and Police Departments, is recommending no new approaches be allowed to Eagle Road/SH 55. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and As noted in Finding A, there is an existing house on the eastern parcel (3580 E. Ustick) which is listed in the Ada County Historic Sites Inventory as eligible for the National Register of Historic Places. However, staff finds that this is not a scenic feature of "major" importance and this finding is technically met. J. 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 supply for development along a primary corridor; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. Staff also finds that during previous public hearings, the current property owner was led to believe that once an annexation path and municipal services were available to this site the AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 10 City of Meridian would likely annex the property. This is especially pertinent given the fact that Boise City currently has services available and is contiguous to the north and east. SPECIAL CONSIDERATIONS ITD Eagle Road/SH 55 Corridor Study ITD is currently preparing a corridor study of Eagle Road/SH 55 between the 1-84 Interchange and SH 44, which impacts the subject property. A part of the study involves sidewalk and landscape designs and locations. If possible, Staff recommends this property attempt to incorporate any new standards ITD may have in their preliminary study results. (See Annexation Fact and Condition #5.) Proposed Uses List: The applicant submitted a proposed list of permitted, conditional and prohibited uses to be included in the DA. Staff is in substantial agreement with the uses. However, we do recommend the following modifications to "Exhibit B" : a. List the following proposed "Permitted Uses" as "Conditional Uses": - Bottling and Distribution Plant (Microbrewery Type) - Hospitals - Molded Plastic. Products - Utility Facility — Major - Warehouse Storage b. Define "Standby Generators" c. Add "Any structure over 50,000 square feet" as a new Conditional Use d. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed such use shall be expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use Such uses) may then only be permitted as a conditional use regardless of the proposed site location." • CUP Application: Chapter VII of the Comprehensive Plan includes the following policy regarding the MU -Regional designation: "All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use -Regional (areas). A CUP application would not be needed (for developments within the MU -Regional area) unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance. " AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 11 During the pre -application discussions, staff (Brad H -C.) discussed the above policy with the applicant (Mr. Matt Smith) and said that a CUP application was not necessary as long as a detailed site plan and building elevations were submitted with the annexation application. Since the applicant is seeking a one-time building permit upon annexation and a CUP application was not submitted, staff is recommending a detailed review of the superstore site be a part of the annexation public hearing. We believe the intent of this policy — to hold a public hearing on all new development — is being fulfilled by including building elevations and a detailed site plan as part of the annexation application. ANNEXATION AND ZONING FACTS AND CONDITIONS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an exhibit of the DA, noting approval with the following exceptions: i. Only the new, north -south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; ii. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate professional office or another non -retail use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan complies with the intent of this agreement; iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACHD and ITD; iv. The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6 -foot solid fence is constructed along the entire east property line (whether existing or new construction); V. The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; AZ -04-009 Market Sq"re.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 12 vi. A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i. All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted, Conditional and Prohibited Uses" list as an exhibit of the DA, noting the modifications shown under the "Special Considerations" section above. d. The following standard shall apply to all development on the subject property: "All loading docks, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized." e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation: • "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. • New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. • In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 13 Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Development Policies Applicable to the Market Square Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • 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; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 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. 5. Prior to the City Council hearing, the applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. Other Aggna/Department Comments & Conditions MERIDIAN FIRE DEPARTMENT 1) Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a) Fire Hydrants shall have the 4 't/z" 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 spec. d) Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e) Fire Hydrants shall be placed on corners. f) Fire hydrants shall not have any vertical obstructions to outlets within 10' 2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 14 3) Provide a 20' wide Fire Lane for all internal & external roadways. 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6) 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 300' apart. 7) The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8) Maintain a separation of 5' from the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply with the International Fire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11) No Parking signs and painted curbs will be required for all Fire Lanes. 12) Provide exterior egress lighting as required by the International Building & Fire Codes. MERIDIAN POLICE DEPARTMENT 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. The central point of discussion for this application appears to pertain to Findings A and J above and the question of whether a mix of uses should be required as well as the Eagle Road/SH 55 access points and design. Staff recommends attention be given during the public hearings to the items listed under the "Special Consideration" section. Additionally, the P&Z Commission and City Council should recognize the unique nature of this annexation and zoning application in that Smith Brighton is requesting final site design and elevation approval as well as conceptual approval. Staff recommends approval of the annexation and zoning application, with the facts and conditions as noted herein. AZ -04-009 Market Square.AZ P&Z Commission/Mayor and Council Hearing Date: May 20, 2004 Page 15 AZ -04-009 Market Square.AZ 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: May 13, 2004 Transmittal Date: April 6, 2004 Hearing Date: May 20, 2004 File No.: AZ 04-009 Request: Annexation and Zoning of 36.93 acres from RUT to C -G zone By: Smith Location of Property or Project: northeast comer of North Eagle Road and East Ustick Road David Zaremba, P/Z (No vAR, vAc, FP) David Moe, PIZ (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No vAR, vAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, CIC Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney C' Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (Fp/pp only) Intermountain Gas (FPiPPanly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission APR 2 912004 City Of 141eridian 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 f - LEGAL DEPARTMENT MAYOR (208) 466-9272 - FAX 466-4405 Tammy de Weerd CITY OF 4 PARKS & RECREATION CITY COUNCIL MEMBERS /`x,A`/(A//'rJCI ��/ ���1/L/L (208) 888-3579 • Fax 898-5501 Shaun Wardle William L. 1 /•✓/ IDAHO t7 sF PUBLIC WORKS (208) 898-5500 - Fax 887-1297 M. Nary ce�x BUILDING DEPARTMENT Charles M. Rountree v R`�d^ TREASURE Vx� (208) 887-2211 •Fax 887-1297 Keith Bird 61MBF 903 - 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: May 13, 2004 Transmittal Date: April 6, 2004 Hearing Date: May 20, 2004 File No.: AZ 04-009 Request: Annexation and Zoning of 36.93 acres from RUT to C -G zone By: Smith Location of Property or Project: northeast comer of North Eagle Road and East Ustick Road David Zaremba, P/Z (No vAR, vAc, FP) David Moe, PIZ (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No vAR, vAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, CIC Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney C' Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (Fp/pp only) Intermountain Gas (FPiPPanly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission APR 2 912004 City Of 141eridian 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 ' f pT� ' gy�� MAYOR '.!, -r qn462 ARTFAX 466-4405 Tammy de Weerd ya'n of �jJ �RECREATION CITY COUNCIL MEMBERS �< ,, � _ 7 - 9 -Fax 898-5501 Shaun Wardle yi PUBLIC WORKS William L. M. NaryIDAHO L , k / �2p$ 88,500 • Fax 887-1297 e Charles M. RountreeOEy. 7 �DEPAR'TMENT ns Keith Bird 4° TAEuae XV/ %) 1 : irs ,1 11(h� 1 • Fax 887-1297 1903 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: May 13, 2004 Transmittal Date: April 6, 2004 Hearing Date: May 20, 2004 File No.: AZ 04-008 Request: Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square By: Smith Brighton Location of Property or Project: northeast comer of North Eagle Road and East Ustick Road David Zeremba, PIZ (No VAR, VAC, Fp) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No vAR, VAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No vAR, vAc, Fp) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney Your City Engineer City Planner Parks Department RECEIVED APR 13 2004 City Of nZeridizm City Clerk Office Meridian School District (No Fp) Meridian Post Office (Fp/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fp/pponly) Qwest (FP/PP only) Intermountain Gas (FPiPPonly) Bureau of Reclamation (FP1PP only) Idaho Transportation Department (No Fp) Ada County (Annexation only) Ada County Land Records (Fp/Pp onfy) Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 8884218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 SMITH BRIGHTON_ _ + �_ _ PROPERTIES ECEI ViTY OF MERIDIAN Posting of Public Hearing Signs in the City of Meridian Notarized Statement This statement notifies the City of Meridian that Smith Brighton, LLC posted two Public Hearing Signs the morning of May 10, 2004. The property location is the Northeast corner of Ustick Road and Eagle Road. Attached are two photographs showing the location of the posted signs. Signed: T r Date: atthew C. SrW Smith Brighto , LLC Subscribed ,and sworn to before me this // — day of (X&� 2004. �J,•"ovtsn p4* Notary:@-noc Residing at:Commission expires: —`/3 //a p ink$' 12601 W. Explorer Dr. • Suile 200 • 5aise, Id 83713 • Phan. ( 2 0 8 ) 378-4200 • Fax: ( 2 0 8 1 377-8962 /\ �\ 2Q2 \%\2 � ƒ2 � � \ ƒ° ,«} � � .