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HomeMy WebLinkAboutTen Mile Development CUP CUP 04-051 MERIDIAN PLANNING 8. ZONING MEEfING APPLICANT Hansen-Rice. Inc. January 20, 2005 ITEM NO. 7 REQUEST Continued Public Hearing from December 16.2004- CUP for a Conceptual PD for commE Iretail uses for approximately 615.430 square feet of building areas in a proposed C-G zone for Ten Mile Development. LLC - SWC of North Eagle Road and East Pine Avenue COMMENTS CITY CLERK: CITY ENGINEER: See previous Item packet I minutes CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments. UPDATED CITY POLICE DEPT: CITY FIRE DEPT: (1; íL/r /? ue /&¡;¿!J /! .;<oG?J- CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: No Comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See letter from ITD Contacted: ~()J~ Emciled: Date:J}I~/().ç . Phone: 4Cr,~-OdOO (~ Stc ff Initials: ,.-J2... Materials presented at public: meetings shan be<:ome properly of the city of Meridian. CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree MAYOR Tammy de Weerd CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - fAX 466-4405 STAFF REPORT: To: From: Subject: P & Z Hearing Date: January 20, 2005 Transmittal Date: January 18, 2005 Planning & Zoning Commission, Mayor and City Council Brad Hawkins-Clark, Principal City Planner I"'ß~ Bruce Freckleton, Development Services Manager . Ten Mile Development - UPDATED Request for a Comprehensive Plan Future Land Use Map Amendment (CPA) to Change Approx. 48 Acres from Industrial to Mixed-Use Regional for Ten Mile Development, by Hansen-Rice, Inc. (File #CPA--04-003) . Rezone (RZ) of 61.63 Acres from I-L & L-O to a CoG Zone for Ten Mile Development, by Hansen-Rice, Inc. (File #RZ-04-0I7) . Conditional Use Permit (CUP) for a Conceptual Planned Development for CommerciallRetail Uses for Approx. 615,430 sq. ft. of Building Area in a Proposed CoG Zone for Ten Mile Development, by Hansen-Rice, Inc. (File CUP-04-05I) APPLICATIONS SUMMARY [NOTE TO P&Z COMMISSION: All three (3) applications listed above were submitted to the city concurrently. However, staff's original report for the December 16, 2004 hearing only addressed the CPA application. In addition, the ACHD Commission did not act on the applications until January 12, 2005. The P&Z Commission received testimony and deliberated only on the CPA application at the December hearing. This report provides additional analysis on the RZ and CUP applications and, if the Commission chooses to approve the applications, includes recommended site specific conditions of approval.] The Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the 2002 Comprehensive Plan (adopted 8-6-02). The applicant is proposing to CPA-O4-003, RZ-04-017 & CUP-O4-051 Page 1 change an existing Industrial designation to a Mixed Use-Regional designation for approximately 22 acres ofland located on the west side of Eagle RoadlSH 55, south ofE. Pine Ave. The property affected by the CPA application is part of a larger land holding which consists of 62+/- acres. The eastern portion of the site (fronting Eagle Road/SH 55) is already designated Mixed Use-Regional; the western 22 acres is designated Industrial on the Future Land Use Map and would be the only portion within the total area affected by the CPA. (It should be clarified that the CPA application proposes a new MU-Regional designation for the entire 62+/- acres, even though approximately 40 acres already have the MU-Regional designation.) With the exception of one (I) acre at the southwest comer of Eagle Road/SH 55 and Commercial that is zoned L-O (Limited Office), the balance of the property is zoned I-L (Light Industrial) and within the city limits. Approval of the subject CPA application would allow the applicant to obtain a commercial zone (C-G) for the entire 62+/- acres, which would allow for the development of a commercial retail center (see the accompanying CUPIPD conceptual site plan). The amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Per Meridian City Code (MCC) 11-15-4, the P&Z Commission must approve the Comprehensive Plan Amendment prior to any consideration of the annexation request. (NOTE: Comprehensive Plan amendments for te!'t changes are allowed at any time. Comprehensive Plan amendments for illM! changes are allowed only every six (6) months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended.) The RZ application proposes to rezone the 61.63 acres from I-L and L-O (I ac.) to a CoG (General Commercial) zone. The CUP/PD application proposes a conceptual planned development for a commercial retail center consisting of approximately 615,430 square feet of building area. No specific buildings or detailed site plans are proposed at this time. If approved, the applicant/developer would be required to submit detailed CUP applications for all buildings in the future. On January 12, 2005, the ACHD Commission approved the conceptual site plan with modifications. They required the easternmost driveway to be relocated to the west and they denied the proposed public road along the rail spur. TIley also made several special recommendations to the City of Meridian, including a continuous right-turn lane on Eagle Road, medians in Eagle Road and eliminating the need for any truck traffic to utilize Eagle Road to access the site. Due to several reasons outlined in this report, staff is recommending the P&Z Commission and City Council deny the request to amend the Comprehensive Plan. (See analysis and the formal "Recommendation" below.) We are also recommending the Commission take no action on the accompanying rezone and conditional use pennit applications until the Comprehensive Plan is amended to allow commercial uses on the subject property. CPA-O4-003, RZ-Q4-017 & CUP-O4-051 Page 2 LOCATION The subject property is located at the southwest corner of Eagle Road/SH 55 and E. Pine Avenue, within Section 8, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North: Blue Cross ofIdaho office and Gemtone Center Sub, zoned I-L South: UPRR and Olson & Bush Industrial Park, zoned I-L. A large warehouse building is located on a 7.4-acre parcel that is surrounded on the east and north by the subject parcel. East: Distribution and warehousing facilities and vacant land, zoned I-L West: Two undeveloped parcels, zoned RUT (Ada County), and Layne Industrial Park and Gemtone Subdivision, zoned I-L. All land adjacent to the subject parcels is designated as Industrial on the Future Land Use Map, except for the following two properties: - Blue Cross: Office - B.W. Inc. county parcels to west: MU-Community The most recent development activity in the immediate vicinity has been the Olson Bush Subdivision south of the railroad tracks, being developed by Ronald VanAuker, and the Gemtone Subdivision north of Pine Avenue. Staff also anticipates the 130+ acres west of the subject property (owned by B.W. Inc./Dennis Balcer) may be master planned through the city in the near future. This development would result in the extension of Pine Avenue to the west, connecting Eagle Road and Locust Grove Road. CURRENT OWNERS OF RECORD Elixir Industries of Gardena, CA is the current property owner and Ten Mile Development, LLC, (represented by Graye H. Wolfe) is the pending buyer/developer. Robert Cuthbertson of Elixir has submitted notarized consent for Ten Mile Development and Hansen-Rice, Inc. to submit the subject applications. COMPREHENSIVE PLAN AMENDMENT APPLICATION PROPOSED & POTENTIAL USES OF THE PROPERTY If the CPA application is approved, the applicant intends to rezone all of the property to C-G and construct a retail center on the entire 62 acres with approxinIately 615,430 sq. ft. of building area. The CUP/PD application presents a conceptual layout of the site, including three (3) retail buildings on Eagle Road, several pad sites internal to the property and a continuous block of anchor stores along the south property line. The site plan also proposes a pedestrian pathway and a transit feature at the UPRR tracks. No specific uses are proposed at this time; the CUP/PD application is conceptual only. Some retail uses are possible on the property without amending the Comprehensive Plan (on approx. 40 acres). A rezone would CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 3 still be required (since retail uses are not permitted in the existing I-L zone), but a CPA application would not be required (for the 40 acres fronting Eagle Road). Since the subject 62+/- acres is already annexed and zoned I-L (with the exception of one acre as L-O), all of the property conld be developed with uses permitted and/or conditionally permitted in the I-L zone. No CPA wonld be required to develop the property in this manner. Staff is not aware of any Development Agreement recorded for this property that would require any CUP application or other special improvements or permits as long as all development complies with current city ordinances. Under the 2002 Comprehensive Plan Land Use Map Designation, the Eagle Road frontage of the property (approximately \4mile west) could be developed as mixed use (also without a CPA). A subdivision application wonld be required to split the property. The purpose of the MU designation on the Future Land Use Map is to identify key areas 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 (Page 97, Chapter VII 2002 Comprehensive Plan). APPLICANT'S STATEMENT/JUSTIFICATION Please refer to applicant's application and material for the 12/16/04 hearing (File CPA-04-003). In SUllJffiary, the applicant states three (3) primary conditions which warrant a change to the map: a. high visibility b. ease of accessibility c. potential future transit station d. general positive impact to the city and valley (e.g. jobs, revenue and shopping) COMPREHENSIVE PLAN ANALYSIS Neither the Idaho State Code nor Meridian City Code has required findings for reviewing CPA applications, The Commission and Council shonld base any decision upon the worthiness and suitability of the application in lieu of the City's economic and planning needs, both existing and projected. Idaho Code 67-6508 does state that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Therefore, in the absence of any required findings, Staff has reviewed the subject application and offers the following analysis and recommendations for the Commission and Council's consideration. The 2002 Comprehensive Plan contains a variety of goals, objectives, and action items relevant to this CPA application. The following policies most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process (staff analysis is in italics below policy): . Action 3, Objective C, page 27 (Chap. IV): Allocate and identify locations/inventory for industrial and commercial business parks. CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 4 While the Future Land Use Map does not specifically call-out the subject properties as an industrial "park," the property is adjacent to three (3) existing industrial parks and could be developed in a similar manner. This area comprises one of Meridian's primary industrial development centers and provides land inventory for jùture industrial and commercial business uses. . Action 5, Objective C, page 27 (Chap. IV): Adopt a future land use map that establishes areas where commercial and industrial interest and activities are to dominate. In 2002, the City adopted the Future Land Use Map and designated on the map areas where commercial, industrial, office, residential, and public/quasi-public uses were to dominate. The parcel that is the subject of the CPA application is depicted on the Future Land Use Map as both industrial and mixed use. . Action 5, Obj. D, page 43 (Chap. V): Require all commercial and industrial businesses to install and maintain landscaping. Staff expects that, regardless of the final outcome of this CPA application, the applicant would comply with the Landscape Ordinance and provide the required landscape buffers along Eagle Road and Pine Ave. (as conceptually shown on their CUP site plan). . Item 2, First Bullet, page 71 (Chap, VI): 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. A detailed Traffic Impact Study (prepared by Funkhouser Engineering) that provides background traffic and projected trip counts for this development was submitted with the CUP/PD application. ACHD is in the process of evaluating the TIS and has requested additional information from the applicant, The TIS projects Avg. Daily Traffic of 30,988 vehicles per day (744 per AM peak and 2, 700 per PM peak) to be generated by this development at 2010 build-out. The application also proposes a transit stop on the south side of the site and notes that this would be a feature of the retail center. The Future Land Use Map depicts a future transit station in this area (intersection of Eagle Road and UPRR). Page 73 of the Comprehensive Plan has six (6) specific policies pertaining to the "floating" transit locations. Retail centers typically provide a strong compliment to transit stations, assuming the platform, uses and access are designed according to transit industry guidelines. . Item 2, Seventh Bullet, page 71 (Chap, VI): Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing CPA-O4-003, RZ-O4-017 & CUP-04-051 Page 5 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. The site plan depicts three (3) access points to Eagle RoadlSH 55 (including one existing access via Commercial Ct.). Staff does not believe this number of new access points is in conformance with the above policy. The City has not formally adopted the most recent I1D Eagle Road Access Study (2004), but the Mayor and City Council have encouraged staff to consider this study when making recommendations. . Objective B, page 102: Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant also lists this policy as supporting approval of the development (see the Hansen-Rice letter, dated 10-25-04, submitted with the RZ application). Staff believes commercial opportunities have been planned and that the subject property is not one of them nor should industrial land be removed from the Area of Impact to accommodate additional commercial land. Page 100 of the Comprehensive Plan includes a table that shows the breakdown of land uses in the Area of City Impact. 18. 7% of the Area of Impact is already slated for either Commercial or Mixed Use land uses, and the actual area is higher when factoring in excepted uses within approved PD's. Only 4.35% of the City's Area of Impact is slated for Industrial land uses. ECONOMIC & LAND USE ISSUES Since trade area is one of the factors used in determining an Area of City Impact and since the Land Use Planning Act requires a Comprehensive Plan to address economic development issues as part of a city's long-range plan, staff is including the following analysis for the P&Z Commission and City Council as part of this CPA application. We believe the majority of these issues do not support amending the Future Land Use Map from Industrial to MU-R. Industrial Land Base: As noted above, 4.35% of Meridian's Impact Area (or 1,142.5 acres) is currently designated as Industrial. This compares to 9.2% of Boise's Area of Impact. Approximately 350 acres of the 1,142 acres identified for industrial (31 %) is unincorporated and/or does not currently have municipal services. If the subject CPA and RZ applications were approved, it would remove 62+/- acres of I-L land from Meridian's serviceable land supply. The primary areas where land is zoned for industrial uses and has services today are adjacent to the UPRR, between Old Town and Cloverdale Road, and adjacent to the UPRR and Franklin Road, between Meridian Road and Ten Mile. Approval of the subject CPA application means the existing, serviceable area of industrial land would be reduced even further than the area currently available (approximately 70 % of the total allocated area). CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 6 Contil!uous Block of Industrial Land: Creating contiguous, useable blocks of land for industrial type uses is important to creating long-term, viable areas for businesses in this industry to operate. These areas are few and far between in Meridian and staff believes it is in the city's economic best interest to protect such areas. (This has been recently exemplified with the Louisiana Pacific plant near Old Town where noise pollution has been a consistent complaint from nearby residents.) If the CPA and RZ applications are approved, it would allow retail uses to significantly encroach into a large, protected block of industrial land. The subject property is surrounded on all sides by existing I-L land. There are existing warehouse and/or manufacturing uses to the north, west and east. The Western Chemical warehouse would be surrounded on two sides by the proposed development - a fact which the application does not fully address. Over-Suoolv of Mixed Use/Commercial Land: By adding an additional 62+/- acres of land designated for mixed uses into Meridian's Area of Impact, staff is concerned with a potential over-supply of commercially zoned land, especially for retail uses. While we understand the applicant's argument that Eagle Road is a high visibility corridor and opportunistic for retail, we are concerned about placing the proposed amount of retail at this location and believe other locations are better suited for retail. For example, there is over 220 acres of vacant land designated as MU-Regional located omy a half mile north of this site at the intersection of Fairview and Eagle. This area will experience higher traffic volumes than the PinelEagle intersection and it is highly unlikely that any industrial uses will ever locate at that intersection given the existing residential uses. Staff also anticipates that big-box retail will be a likely use in the MU-Regional area around the future Ten Mile Road/I-84 interchange. We believe that area is better suited for large retail uses than the subject property. Transoortation Issues: The demands on the local transportation system created by industrial uses are typically less than those created by retail uses, at least with regard to vehicle trip generation. From a traffic perspective, portions of Eagle Road are currently operating beyond the planned capacity of the street (LOS D to F). Since this project will contribute a substantial number of new trips to Eagle Road, there is a need to limit development until such time as capacity becomes available. In addition, Pine Avenue is planned to be extended via private development funding only - not public funding. As such, it is difficult to estimate when this collector will connect to the west. Without Pine Avenue being extended, Funkhouser's study projects 66% of the site traffic will need to use Eagle Road, as compared to omy 52 % if Pine Avenue is extended. Having an inter-connected street system in place is important before any new development, especially a retail project of this size. While the Comprehensive Plan supports a transit station as a future form of alternative transportation in this area (as proposed), we do not believe this is a viable "selling point" for the Ten Mile Development at this time and should not be viewed as any kind of off-set to the vehicle trips in the near future. In 2002, ValleyRide commissioned URS/BRW to prepare a feasibility study of the rail corridor for commuter rail service, This evaluation presented a CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 7 number of challenges to rail right-of-way acquisition, grade crossings, and funding the system infrastructure. The study estimated up-front capital improvement costs for a 45-minute commuter rail service between Caldwell and Boise to be approximately $108 million - not including the land purchase - and annual operating costs of $4.8 million. Given the need for state legislative action to help ValleyRide raise the necessary funding and other inherent challenges, staff believes it is premature to allow the proposed transit station to justify commercial uses at this location. Lack of Mixed Use Proposed: The applicant is proposing a MU-Regional designation for the property. However, the conceptual CUP/PD site plan does not show a mix of uses. It proposes 100% retail uses. This does not conform to the intent of the MU-R areas, which is to construct a true mix of uses. IDAHO STATE CODE IdalJO State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. [NOTE: A formal recommendation of the Maverik CPA application (also being heard on January 20, 2005), could impact the approval timeframe of this application.] REZONE APPLICATION REZONE 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; The proposed CoG zone is not hannonious with and in accordance with the Future Land Use Map of the Comprehensive Plan for the western 22 acres of the site, which is designated as "Industrial". The applicant has submitted an application for a Comprehensive Plan map amendment for this portion. The proposed CoG zone is hannonious with the Mixed Use-Regional (MU-R) designation for the eastern portion of the site. The purpose of the MU-R 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 which are either infill in nature or situated in highly visible or CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 8 transitioning areas (Page 97, 2002 Comprehensive Plan). The conceptual site plan does not show a mix of uses. which is not in conformance with the intent of the MU-R designation. The proposed future transit center along the railroad is harmonious with the Future Land Use Map, which designates a "floating" center in this general location. Chapter VII of the Comprehensive Plan defines "Industrial" as areas designated to allow a range of industrial uses to support industrial and commercial activities. Uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units, and industrial support activities. Because staff is recommending denial of the concurrent Comprehensive Plan amendment (CPA-O4-003) and the Rezone application is for the entire 61.63 acres, staff fmds that the requested CoG zoning does not conform to the stated purpose and intent of the Industrial land designation. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the subject Rezone application (RZ-04-0 17) is approved, staff does not anticipate that the applicant intends to rezone the subject property in the future. 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; The applicant is proposing to construct a retail center in the proposed CoG zone; retail uses are a permitted use in the CoG zone. No other uses are shown. on the master site plan. Assuming all future uses are constructed in accordance with adopted city ordinances, staff finds the area would be developed per the CoG district. 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; Staff finds that the signalized intersection of Eagle RoadlPine Avenue, if improved per ACHD and ITD standards and per the TIS submitted with the application, is a change in the vicinity that could support retail uses. In addition, Presidential Subdivision at the northeast comer of Eagle and Pine is currently being improved with services and retail uses. Pine Avenue is not in the current ACHD Five-Year Work Program for widening but is proposed to be improved with this application (to their west boundary - not to Locust Grove). CPA-O4-003, RZ-04-017 &CUP-O4-051 Page 9 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; Under the existing I-L zoning and under the Future Land Use Map (for the western 22 acres), the intended character of approximately 50-60% of the immediate vicinity is industrial-oriented. The existing uses south and west of the site are light industrial. Gemtone Center Subdivision north of Pine Avenue, while I-L zoned, is permitted to construct professional office, which would blend with retail development. The intended uses within the eastern half of the subject property are both retail and office (and other possible uses). However, the applicant's master site plan does not reflect a mix of planned uses. Based on the Comprehensive Plan, the Zoning Ordinance, and the lack of a mixed-use site plan, staff does not find that the proposed use(s) will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the majority of the land in the general vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; In general, Staff fmds the proposed retail center will not be hazardous or disturbing to existing or future neighboring uses. The primary impacts created by the development will be traffic and light related. The nearest residential uses are in Crossroads Subdivision, approximately 1,000 feet east on the north side of Pine Avenue. East of Eagle Road, Pine Avenue is already widened to 5 lanes. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and ÎIre 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 the project can be provided sanitary sewer and water service via the existing mains on and adjacent to the project site. However, the applicant has not yet demonstrated how the existing sewer trunk in Commercial Court will be re-routed through the project. It currently runs underneath landscaping and buildings on the master site plan, which is not acceptable. Until the Public Works Department has had an opportunity to review further civil drawings for the sewer re-routing plan, we are not prepared to recommend approval ofthe application. On December 3, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. All public services and facilities noted above CPA-04-003, RZ-O4-017 & CUP-O4-051 Page 10 appear to be adequate to serve this property. The Commission and Council should rely upon comments submitted by the ACHD, the Meridian Fire Department, the Meridian Parks Department and any other agency providing service to this parcel when detennining serviceability. 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 be financing the extension of sewer, water, utilities and irrigation services to serve the project. In addition, ACHD is requiring the developer to construct a new traffic signal at the PinelHickory intersection. The primary public costs to serve the project will be fire and police services. Staff finds there will not be excessive additional requirements at public cost for public facilities and services. The Rezone application (and CUP) malces several references to a future UPRR transit center as an asset to this development. This is in general conformance with the Comprehensive Plan which identifies this location for a transit stop as well. If the CUPIPD application and concept plan are approved, including the transit center, there will likely be public funds involved in the construction of said transit center. I. 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; As noted in more detail under Finding J, the proposed uses will generate significant levels of new traffic. Staff recognizes that traffic and noise will increase with the approval of ~ development on this parcel. Staff believes that the amount of traffic generated by the proposed use(s) maybe detrimental to the general welfare of the traveling public if all traffic controls and mitigation standards recommended by ACHD are not enforced/constructed. J. 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; As currently proposed (with three vehicular access points on to Eagle Road), staff does not find the approaches will be designed as not to create an interference with Eagle Road traffic. (See ITD's recommendation from the Eagle Road Arterial Study below.) The applicant's traffic engineer, Gary Funkhouser, prepared a Transportation Impact Study and a detailed supplement to the study which outlines the proposed vehicular approaches, traffic impacts and proposed roadway improvements. A summary of the TIS was included in the ACHD staff report. ACHD believes the need for a new signal at the Pine StreetlHickory Street intersection is solely related to the development of this property and that the developer would need to provide a $105,000 road trust deposit for CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 11 the signal. ACHD has made several "Special Recommendations" to the City of Meridian and ITD in their report. They also believe the proposed truck access to Eagle Road should be eliminated and relocated to Pine Ave. Staff also finds that any future use will significantly impact the level and flow of traffic on the surrounding streets. At their January 11, 2005 meeting, the Meridian City Council signed a letter of support for the ITD Eagle Road Arterial Study (dated April 2004, by Cambridge Systematics). Specifically, the report contained three (3) recommendations that impact the segment of Eagle Road between Franklin Road and Fairview Avenue: Section 3.2. #1. page 3: "Where a single large parcel is developed. . ., municipal planning and zoning procedures should require identification of a feasible internal (i.e. off the state highway) circulation plan to minimize the number of direct access points to the state route, and to identify local road construction or modification needs to provide the level of access required by the new development" Section 3.2. #2. page 3: "Secondary access," as used in the ITD access management policy, should be defined as access to cross streets, rather than to Eagle Road itself. Wherever possible, secondary access should be directed to signalized locations on those cross streets." Appendix B. Segment 2 map: Recommends adding a landscaped median, median/sidewalk lighting and other features with no break (except Pine Ave.) in front of the subject parcel. With any future detailed CUP applications, the applicant should comply with ITD and ACHD policies in order to preserve the capacity and movement on the adjacent roadways. 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 development will not result in the destruction, loss or damage of natural features. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff recommends that the Commission and Council review the analysis above when determining whether rezoning of the subject property to C-G is in the best interest of the CPA-O4-003, RZ-O4-017 &CUP-O4-051 Page 12 City. Staff finds that the rezoning of all of the subject property to CoG would not be in the best interest of the City for the reasons listed in this report. [If the P&Z Commission recommends approval of the Rezone application, Staff offers the following as recommended conditions of approval:] REZONE COMMENTS & DA CONDITIONS 1. Application Correction: The Rezone application and map do not recognize that there is a one (I) acre section of the subject property currently zoned L-O (Limited Office). This land was rezoned from I-L to L-a in 2002 (Ordinance No. 02-945), intended to become a medical clinic. If the P&Z Commission recommends approval of the rezone to Citv CounciL the application and public notice must be corrected to reflect the Rezone of this 1 +/- acre from L-O to CoG and subtract this acreage from the I-L acreage. 2. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 3. Prior to the rezone ordinance approval, the property owner shall be required to enter into a Development Agreement (DA) with the City of Meridian as a condition of rezone. The DA shall require that: . Uses shall be restricted to those allowed in the CoG zone and as agreed upon during the public hearings for File CUP-04-051. . All future uses within the property boundaries shall be required to obtain detailed conditional use permit approval. . Based on the submitted TIS, a continuous right-turn lane is needed on Eagle Road for the proposed access points. ITD should require a turn lane for any access that is approved on Eagle Road, and should acquire sufficient right-of-way for those and any future improvements. . All access on Eagle Road shall be restricted to right-inlright-out operations only, and that medians be installed in Eagle Road to restrict the access points, including the Commercial Court access. . Prior to any development applications being approved on the property, the owner shall provide written documentation to the City that all parcels currently using Commercial Court to access Eagle Road have relinquished their right to Commercial Court and will be provided appropriate access to the public street system. CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 13 . The current layout of the site requires trucks to access Eagle Road to serve the proposed uses. The applicant shall re-design the site to eliminate the need for Eagle Road access for trucks. 4. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) wi1l have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. CONDITIONAL USE PERMIT/PD APPLICATION CONDITIONAL USEIPD PERMIT ANALYSIS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (J 1-17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; B. Staff finds that the site may not be large enough to accommodate all of the required parking for the building square footage shown on the concept plan. First, there appears to be a discrepancy between the CUP application cover sheet (which shows approx. 615,430 sq. ft. of building area) and the site plan (which shows 562,628 sq. ft. of building area). This should be clarified. However, even at the smaller figure, the required parking of 1 :200 sq. ft. of floor area would require 2,813 parking stalls, which is 186 stalls more than shown on the plan (2,627). Other than the parking issue, it appears the site is large enough to accommodate the proposed setbacks, landscaping, etc. That the proposed use and development plan will be harmonious with the Meridian CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 14 G. H. I. Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in the Comprehensive Plan Amendment portion of this report. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see the findings in section "E" and "F" ofthe Rezone portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff is Please see the findings in sections "I" and "J" of the Rezone portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "G" of the Rezone portion of this report. F. That the proposed use 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; Please see the findings in sections "G", "H" and "I" of the Rezone portion of this report. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" ofthe Rezone portion of this report. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "J" of the Rezone portion of this report. That the proposed use will not result in the destruction, loss or damage of a natural, CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 15 scenic or historic feature considered to be of major importance. Please see the findings in section "K" of the Rezone portion of this report. SPECIAL CONSIDERATIONS (CONDITIONAL USEIPD) Commercial Court Easement: Commercial Court, the private street that connects Eagle Road with Commercial Drive on the west boundary and extends 2,600 feet across the middle of the subject property, also serves as the primary ingress/egress for the 7+ acre parcel at the southwest comer of the site. This outparcel, owned by another party (McCall Properties), is zoned I-Land is not a part of this application. This parcel is land locked without the use of Commercial Court. There is a recorded, private easement (Instrument No. 7640090, dated 7-21-76) between Elixir Industries (owner of subject property) and Great Western Chemical Company (now McCall Properties) that grants McCall Properties a non-exclusive, ingress and egress and utility easement over the 50-foot strip of land known as Commercial Court. Also, a City of Meridian sanitary sewer trunk line lies within the eastern half of the road (extends to Eagle Road). To staffs knowledge, this easement has never been relinquished or amended and remains a part of the title for both properties today. Other than showing-up on the Record of Survey, the subject applications do not address this easement nor does the site plan represent how the McCall Properties parcel's access will be preserved. While the City of Meridian is not a party to the easement, it does significantly impact the design and feasibility of the development plan. Staff recommends this issue be addressed by the applicant at the 1-20-05 public hearing. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each PD. Meridian City Code does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. While not called-out in the application, it appears the applicant is proposing a multi-use pathway (on the south side of the site) and the transit center as amenities with this application. Staff recommends that the applicant be reQuired to provide two amenities appropriate for this development. Staff further recommends that the applicant. at the Planning & Zoning Commission meeting, clarify what the two amenities will be. See Site Specific Condition #4 below. General Site Desil!ll Comments: Staff offers the following overall design comments, based on Sheet AO.OO, dated 8 Oct 04. These comments are not intended as conditions of approval, rather to serve as the basis for further discussions with staff and at the P&Z Commission public hearing: a. Staff supports the placement/orientation of buildings on Eagle Road with the parking located behind the structures; CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 16 b. We do not believe the outdoor seating areas near Eagle Road are adequately protected and would need to be relocated toward the interior of the site; c. We do not believe the rail transit station is integrated into the overall design of the site. Some significant reconfiguration of buildings, walking paths and landscaping at the southeast comer would be necessary to create this as a feature of the project. In addition, the Comprehensive Plan (Chapter VI) has a policy which recommends a park-and-ride facility be included with these transit centers (not necessarily constructed by the developer, but at least an area preserved); d. Assuming the Commission and Council support ACHD's recommendation to allow no truck access to Eagle Road, some internal drive aisle should be designated for truck deliveries, preferably aligned with the future Hickory signal; e. We would recommend a third north-south drive aisle with no adjacent parking be constructed at the eastern end of the site; f. We would recommend at least one bus shelter be designated on Pine A venue, in accordance with Valley Ride standards. Fencine:: The submitted site plan does not propose fencing. Ifno permanent fencing is provided on the perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition #8 below. [If the P&Z Commission recommends approval of the CUP/PD application, Staff offers the following as recommended conditions of approval:] SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMITIPD) 1. All conditions of the accompanying Rezone application (including the Development Agreement) shall also be considered conditions of the Conditional Use!PD application. 2. No new buildings are approved for construction under this conceptual CUPIPD application (File No. CUP-04-051). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 3. Provide at least two amenities, as approved by the City Council, for the Planned Development. 4. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 5. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. CPA-O4-003, RZ-O4-017 &CUP-O4-051 Page 17 9. 10. 11. 12. 13. 6. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. 7. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. 8. A drainage plan designed by a State of IdalIO licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with infonnation on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-l.C. 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 CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 18 4. without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 14. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. GENERAL REOUIREMENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY /DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. All Fire Department Connections (pDC) must be within 100 feet of a fire hydrant. 2. 3. 4. Applicant shall comply with Appendix D of the Intemational Fire Code for access to all building walls with a height of 30 feet or greater (including parapets). It may be necessary to increase fire lane widths to 26 feet. Applicant shall coordinate with the Meridian Fire Department and prepare an addressing plan for the site. All driveways located behind buildings (as depicted on the conceptual site plan) shall be posted as "No Parking." CPA-O4-003, RZ-04-017 & CUP-O4-051 Page 19 5. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 6. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 \12" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 7. 8. 9. a. b. c. d. e. f. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. Provide a 20' wide fire lane for all internal and external roadways. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 11. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 12. 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 0000' apart. 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. Provide a Knoxbox entry system for the complex. 18. 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 borne by the developer. CPA-04-003, RZ-04-017 & CUP-04-0S1 Page 20 19. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 20. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. SANITARY SERVICE CO. CONDITIONS 1. SSC has no comments related to this application at this time. CPA-O4-003, RZ-04-017 & CUP-O4-051 Page 21 PARKS & RECREATION DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. STAFF RECOMMENDATION As outlined above, staff does not believe the applicant has presented sufficient evidence to support the removal of more than 20 acres of existing, serviceable, industrial land from the city. In fact, if both the CPA and RZ applications are approved, more than 60 acres of I-L zoned land would be removed. Staff recommends denial of the subject CPA application. (We want to emphasize that this application pertains only to the 22+/- acres at the west end of the site. One alternative is for the applicant to rezone the eastern portion of the parcel that is already designated as MU-Regiona1.) If the P&Z Commission approves the CPA application and the property is rezoned, staff believes it is highly questionable that the existing transportation infrastructure can support the anticipated number of vehicle trips to be generated by this particular development. In addition, we believe the CUP/PD application, as submitted, insufficiently addresses the following issues: 0 the mixed use goals and purpose of the MU-Regional designation (i.e. no mix of uses); 0 how the transit center would become an integral, accessible feature of the development; 0 how the site would be re-designed with no direct access to Eagle Road and/or with all truck access being taken from Pine Ave.; 0 how the buildings comply with the Comprehensive Plan policy to "create some form of common, usable area, such as a plaza or green space (see Chapter VII, pg. 98); and 0 how the existing ingress/egress and utility easement within Commercial Drive will be addressed. Staff can not support the conceptual site plan as proposed. If the Commission approves the CPA and RZ applications, we recommend the public hearing be continued to address these issues and the "General Site Design Comments" listed under the "Special Considerations" section of the CUP/PD application, CPA-04-003, RZ-04-017 &CUP-04-051 Page 22 RE.Ci=HN:: ~ /i...g ~ "- DEC 2 1 2004 TRANSPORTATION DEPARTMENT DISTRICT 3 . P.O. BOX 8028 . BOISE. 10 . 83707-2028 . (208) 334-8300 City of Meridian City Clerk Office December 17, 2004 Will Berg, City Clerk Meridian Planning and Zoning 33 East Idaho Ave. Meridian, Idaho 83642 Re: Location: Meridian Route: SH-55 Name: Hansen-Rice, Inc. Case No. CUP-04-051,CPA-04-033 Dear Mr. Berg: The Idaho Transportation Department has reviewed the application and determined that the access to the development should be developed onto Pine Avenue. No direct access will be allowed to Eagle Road. This section ofSH-55 has been designated a Principal Arterial Type IV. ITD would like the City of Meridian to help us preserve this corridor. Thank you for giving us the opportunity to comment on this application. If you have any questions about the approaches of this development, please have the applicant contact Mr. Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334-8341. If you have any questions about the development please contact me at 334-8340. ;zl~ DANCOONCE,P.E. District Traffic Engineer . An Equal Opportunity Employer - Meridian Planning and Zoning Conunission Meeting December 16, 2004 Page 35 of41 Borup: Okay. Any other discussion? Are we ready for a motion to continue? Moe: Probably need to close the Public Hearing. Borup: Well, not if we are going to continue it. Moe: I'm sorry. You're right. Borup: This is on the Comp Plan amendment. Moe: Yeah, That's right. Zaremba: I'll do it. Mr. Chairman, I move that we continue the hearing on CPA 04-003 to our meeting of January 20, 2005. Rohm: Second. Borup: Motion and second to continue. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Public Hearing: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-O to CoG zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Item 9: Public Hearing: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial/retail uses for approximately 615,430 square feet of building areas in a proposed CoG zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Borup: Okay. So, we probably ought to open and continue the other two, which are going to be dependent upon this one -- positive results on this one for them to proceed. I'd like to open Public Hearing RZ 04-017 and Public Hearing CUP 04-051 at this time. Zaremba: Mr. Chairman, I move that we continue RZ 04-017 and CUP 04-051 to our regularly scheduled meeting of January 20, 2005. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: CPA 04-004 Request to amend the Comprehensive Plan Future Land Use Map from Low and Medium Density Residential to a CUP 04-051 REQUEST Public Hearing: CUP for a Conceptual PD for commercial/retail uses for approximately 615.430 square feet of building areas in a proposed CoG zone for Ten Mile Development. LLC- SWC of North Eagle Road and East Pine Avenue December 16. 2004 ITEM NO. 8 MERIDIAN PLANNING & ZONING MEETING APPLICANT Hansen-Rice. Inc. COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY See attached Staff Comments CITY SEWER DEPT: CITY PARKS DEPT: No Comment CD~tl nV~ , ~I \t1'o ,/ 1'lD1)S -;--Ð CITY POLICE DEPT: CiTY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See aUached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: ~f\ \J)o.~ Date: Phone: L1(¡,C; -QxxJ Staff Initials: Materials presented at public meetings shall become property ot the City of Meridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell ShaDD Wardle Charles M. Rountree j olferi di!C' CITY HALL (208) 888-4433 - fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - fAX 466-4405 STAFF REPORT: P & Z Hearing Date: December 16, 2004 Transmittal Date: December 13, 2004 From: Planning & Zoning Commission, Mayor and City Council Brad Hawkins-Clark, Principal City Planner ~ RECEIVED DEC 1 3 2004 To: Subject: City Of Meridian City Clerk Office . Request for a Comprehensive Plan Future Land Use Map Amendment (CPA) to Change Approx. 48 Acres from Industrial to Mixed-Use Regional for Ten Mile Development, by Hansen-Rice, Inc. (File #CPA-04-003) . Rezone (RZ) of 61.63 Acres from I-L & L-O to a CoG Zone for Ten Mile Development, by Hansen-Rice, Inc. (File #RZ-04-017) . Conditional Use Permit (CUP) for a Conceptual Planned Development for CommerciallRetail Uses for Approx. 615,430 sq. ft. of Building Area in a Proposed CoG Zone for Ten Mile Development, by Hansen-Rice, Inc. (File CUP-04-05I) APPLICATIONS SUMMARY [NOTE TO P&Z COMMISSION: All three (3) applications listed above were submitted to the city concurrently. However. due to several outstanding issues with the Ada County Highway District (ACHD) and the fact that ACHD does not anticipate making a recommendation to the City until at least January 12, 2005, staffis recommending the P&Z Commission open only the CPA application public hearing at the December 16'h meeting. The pending ACHD information will primarily pertain to the RZ and CUP applications and is not expected to address the CPA application and its land use implications. As such, this is a partial report that focuses onlv on the CPA application. Additional analysis on the RZ and CUP applications will be provided to the Commission and applicant after the 12-16-04 public hearing and receiving fùrther direction from the Commission as well as the updated traffic study data currently being prepared.] CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 1 The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the 2002 Comprehensive Plan (adopted 8-6-02). The applicant is proposing to change an existing Industrial designation to a Mixed Use-Regional designation for approximately 22 acres of land located on the west side of Eagle RoadlSH 55, south of E. Pine Ave. The property affected by the CPA application is part of a larger land holding which consists of 62+/- acres. The eastern portion of the site (fronting Eagle Road/SH 55) is already designated Mixed Use-Regional; the western 22 acres is designated Industrial on the Future Land Use Map and would be the only portion within the total area affected by the CPA. (It should be clarified that the CPA application proposes a new MU-Regional designation for the entire 62+/- acres, even though approximately 40 acres already have the MU-Regional designation.) With the exception of one (1) acre at the southwest comer of Eagle RoadlSH 55 and Commercial that is zoned L-O (Limited Office), the balance of the property is zoned I-L (Light Industrial) and within the city limits, Approval of the subject CPA application would allow the applicant to obtain a commercial zone (C-G) for the entire 62+/- acres, which would allow for the development of a commercial retail center (see the accompanying CUPIPD conceptual site plan). The amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Per Meridian City Code (MCC) 11-15-4, the P&Z Commission must approve the Comprehensive Plan Amendment prior to any consideration of the annexation request. (NOTE: Comprehensive Plan amendments for text changes are allowed at any time. Comprehensive Plan amendments for ill!!!! changes are allowed only every six (6) months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended.) The RZ application proposes to rezone the 61.63 acres from I-L and L-O (1 ac.) to a CoG (General Commercial) zone. The CUP/PD application proposes a. conceptual planned development for a commercial retail center consisting of approximately 615,430 square feet of building area. No specific buildings or detailed site plans are proposed at this time. Due to several reasons outlined in this report, staff is recommending the P&Z Commission and City Council deny the request to amend the Comprehensive Plan. (See analysis and the formal "Recommendation" below.) LOCATION The subject property is located at the southwest comer of Eagle Road/SH 55 and E. Pine Avenue, within Section 8, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North: Blue Cross ofIdaho office and Gemtone Center Sub, zoned I-L South: UPRR and Olson & Bush Industrial Park, zoned I-L. A large warehouse building is located on a 7 A-acre parcel that is surrounded on the east and north by the subject parcel. CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 2 East: Distribution and warehousing facilities and vacant land, zoned I-L West: Two undeveloped parcels, zoned RUT (Ada County), and Layne Industrial Park and Gemtone Subdivision, zoned I-L. All land adjacent to the subject parcels is designated as Industrial on the Future Land Use Map, except for the following two properties: - Blue Cross: Office - B.W. Inc. county parcels to west: MU-Community The most recent development activity in the immediate vicinity has been the Olson Bush Subdivision south of the railroad tracks, being developed by Ronald VanAuker, and the Gemtone Subdivision north of Pine A venue. Staff also anticipates the 130+ acres west of the subject property (owned by B.W. Inc./Dennis Balcer) may be master planned through the city in the near future. This development would result in the extension of Pine Avenue to the west, connecting Eagle Road and Locust Grove Road. CURRENT OWNERS OF RECORD Elixir Industries of Gardena, CA is the current property owner and Ten Mile Development, LLC, (represented by Graye H. Wolfe) is the pending buyer/developer. Robert Cuthbertson of Elixir has submitted notarized consent for Ten Mile Development and Hansen-Rice, Inc. to submit the subject applications. PROPOSED & POTENTIAL USES OF THE PROPERTY If the CPA application is approved, the applicant intends to rezone all of the property to CoG and construct a retail center on the entire 62 acres with approximately 615,430 sq. ft. of building area. The CUPIPD application presents a conceptual layout of the site, including three (3) retail buildings on Eagle Road, several pad sites internal to the property and a continuous block of anchor stores along the south property line. The site plan also proposes a pedestrian pathway and a transit feature at the UPRR tracks, No specific uses are proposed at this time; the CUP/PD application is conceptual only. Some retail uses are possible on the property without amending the Comprehensive Plan (on approx. 40 acres). A rezone would still be required (since retail uses are not permitted in the existing I-L zone), but a CPA application would not be required (for the 40 acres fronting Eagle Road). Since the subject 62+/- acres is already annexed and zoned I-L (with the exception of one acre as L-O), all of the property could be developed with uses permitted and/or conditionally permitted in the I-L zone. No CPA would be required to develop the property in this manner. Staff is not aware of any Development Agreement recorded for this property that would require any CUP application or other special improvements or permits as long as all development complies with current city ordinances. Under the 2002 Comprehensive Plan Land Use Map Designation, the Eagle Road frontage of the property (approximately ¡Amile west) could be developed as mixed use (also without a CPA). A subdivision application would be required to split the property. The purpose of the MU designation on the Future Land Use CPA-04-003, RZ-O4-017 & CUP-04-051 Page 3 Map is to identify key areas 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 (Page 97, Chapter VII 2002 Comprehensive Plan). APPLICANT'S STATEMENT/JUSTIFICATION Please refer to applicant's application and material for the 12/16/04 hearing (File CP A-04-003). In sununary, the applicant states three (3) primary conditions which warrant a change to the map: a. high visibility b. ease of accessibility c. potential future transit station d. general positive impact to the city and valley (e.g. jobs, revenue and shopping) COMPREHENSIVE PLAN ANALYSIS Neither the Idaho State Code nor Meridian City Code has required fmdings for reviewing CPA applications. The Commission and Council should base any decision upon the worthiness and suitability of the application in lieu of the City's economic and planning needs, both existing and projected. Idaho Code 67-6508 does state that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Therefore, in the absence of any required findings, Staff has reviewed the subject application and offers the following analysis and recommendations for the Commission and Council's consideration. The 2002 Comprehensive Plan contains a variety of goals, objectives, and action items relevant to this CPA application. The following policies most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process (staff analysis is in italics below policy): . Action 3, Objective C, page 27 (Chap. IV): Allocate and identify locations/inventory for industrial and commercial business parks. While the Future Land Use Map does not specifically call-out the subject properties as an industrial "park, " the property is adjacent to three (3) existing industrial parks and could be developed in a similar manner. This area comprises one of Meridian's primary industrial development centers and provides land inventory for future industrial and commercial business uses. . Action 5, Objective C, page 27 (Chap. IV): Adopt a future land use map that establishes areas where commercial and industrial interest and activities are to dominate. In 2002, the City adopted the Future Land Use Map and designated on the map areas where commercial, industrial, office, residential, and public/quasi-public uses were to CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 4 dominate. The parcel that is the subject of the CPA application is depicted on the Future Land Use Map as both industrial and mixed use. . Action 5, Obj. D, page 43 (Chap. V): Require all commercial and industrial businesses to install and maintain landscaping. Staff expects that, regardless of the final outcome of this CPA application, the applicant would comply with the Landscape Ordinance and provide the required landscape buffers along Eagle Road and Pine Ave. (as conceptually sJwwn on their CUP site plan). . Item 2, First Bullet, page 71 (Chap. VI): 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, A detailed Traffic Impact Study (prepared by Funkhouser Engineering) that provides background traffic and projected trip counts for this development was submitted with the CUP/PD application, ACHD is in the process of evaluating the TIS and has requested additional information from the applicant. The TIS projects Avg. Daily Traffic of 30,988 vehicles per day (744 per AM peak and 2,700 per PM peak) to be generated by this development at 2010 build-out. The application also proposes a transit stop on the south side of the site and notes that this would be a feature of the retail center. The Future Land Use Map depicts a future transit station in this area (intersection of Eagle Road and UPRR). Page 73 of the Comprehensive Plan has six (6) specific policies pertaining to the "floating" transit locations. Retail centers typically provide a strong compliment to transit stations, assuming. the plaiform, uses and access are designed according to transit industry guidelines. . Item 2, Seventh Bullet, page 71 (Chap, VI): 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. The site plan depicts three (3) access points to Eagle Road/SH 55 (including one existing access via Commercial Ct.). Staff does not believe this number of new access points is in conformance with the above policy. The City has not formally adopted the most recent 1m Eagle Road Access Study (2004), but the Mayor and City Council have encouraged staff to consider this study when making recommendations. CPA-O4-003, RZ-O4-017 & CUP-04-05! Page 5 . Objective B, page 102: within the Impact Area. Plan for a variety of commercial and retail opportunities The applicant also lists this policy as supporting approval of the development (see the Hansen-Rice letter, dated 10-25-04, submitted with the RZ application). Staff believes commercial opportunities have been planned and that the subject property is not one of them nor should industrial land be removed from the Area of Impact to accommodate additional commercial land. Page 100 of the Comprehensive Plan includes a table that shows the breakdown of land uses in the Area of City Impact. 18. 7% of the Area of Impact is already slated for either Commercial or Mixed Use land uses, and the actual area is higher when factoring in excepted uses within approved PD's. Only 4.35% of the City's Area of Impact is slated for Industrial land uses. ECONOMI:C & LAND USE ISSUES Since trade area is one of the factors used in determining an Area of City Impact and since the Land Use Planning Act requires a Comprehensive Plan to address economic development issues as part of a city's long-range plan, staff is including the following analysis for the P&Z Commission and City Council as part of this CPA application. We believe the majority of these issues do not support amending the Future Land Use Map from Industrial to MU-R. Industrial Land Base: As noted above, 4.35% of Meridian's Impact Area (or 1,142.5 acres) is currently designated as Industrial. This compares to 9.2% of Boise's Area of Impact. Approximately 350 acres of the 1,142 acres identified for industrial (31 %) is unincorporated and/or does not currently have municipal services. If the subject CPA and RZ applications were approved, it would remove 62+/- acres of I-L land from Meridian's serviceable land supply. The primary areas where land is zoned for industrial uses and has services today are adjacent to the UPRR, between Old Town and C10verdale Road, and adjacent to the UPRR and Franklin Road, between Meridian Road and Ten Mile. Approval of the subject CPA application means the existing, serviceable area of industrial land would be reduced even further than the area currently available (approximately 70% of the total allocated area). Contil!uous Block of Industrial Land: Creating contiguous, useable blocks of land for industrial type uses is important to creating long-term, viable areas for businesses in this industry to operate. These areas are few and far between in Meridian and staff believes it is in the city's economic best interest to protect such areas. (This has been recently exemplified with the Louisiana Pacific plant near Old Town where noise pollution has been a consistent complaint from nearby residents.) If the CPA and RZ applications are approved, it would allow retail uses to significantly encroach into a large, protected block of industrial land. The subject property is surrounded on all sides by existing I-L land. There are existing warehouse and/or manufacturing uses to the north, west and east. The Western Chemical warehouse would be surrounded on two sides by the proposed development - a fact which the application does not fully address. CPA-O4-003, RZ-O4-017 & CUP-O4-051 Page 6 Over-Supply of Mixed Use/Commercial Land: By adding an additional 62+/- acres of land designated for mixed uses into Meridian's Area of Impact, staff is concerned with a potential over-supply of commercially zoned land, especially for retail uses, While we understand the applicant's argument that Eagle Road is a high visibility corridor and opportunistic for retail, we are concerned about placing the proposed amount of retail at this location and believe other locations are better suited for retail. For example, there is over 220 acres of vacant land designated as MU-Regional located only a half mile north of this site at the intersection of Fairview and Eagle. This area will experience higher traffic volumes than the Pine/Eagle intersection and it is highly unlikely that any industrial uses will ever locate at that intersection given the existing residential uses. Staff also anticipates that big-box retail will be a likely use in the MU-Regional area around the future Ten Mile Road/I-84 interchange. We believe that area is better suited for large retail uses than the subject property. Transportation Issues: The demands on the local transportation system created by industrial uses are typically less than those created by retail uses, at least with regard to vehicle trip generation, From a traffic perspective, portions of Eagle Road are currently operating beyond the planned capacity of the street (LOS D to F). Since this project will contribute a substantial number of new trips to Eagle Road, there is a need to limit development until such time as capacity becomes available. In addition, Pine Avenue is planned to be extended via private development funding only - not public funding. As such, it is difficult to estimate when this collector will connect to the west. Without Pine Avenue being extended, Funkhouser's study projects 66 % of the site traffic will need to use Eagle Road, as compared to only 52 % if Pine Avenue is extended. Having an inter-connected street system in place is important before any new development, especially a retail project of this size. While the Comprehensive Plan supports a transit station as a future form of alternative transportation in this area (as proposed), we do not believe this is a viable "selling point" for the Ten Mile Development at this time and should not be viewed as any kind of off-set to the vehicle trips in the near future. In 2002, ValleyRide commissioned URS/BRW to prepare a feasibility study of the rail corridor for commuter rail service. This evaluation presented a number of challenges to rail right-of-way acquisition, grade crossings, and funding the system infTastructure. The study estimated up-front capital improvement costs for a 45-minute commuter rail service between Caldwell and Boise to be approximately $108 million - not including the land purchase - and annual operating costs of $4.8 million. Given the need for state legislative action to help ValleyRide raise the necessary funding and other inherent challenges, staff believes it is premature to allow the proposed transit station to justify commercial uses at this location. Lack of Mixed Use Proposed: The applicant is proposing a MU-Regional designation for the property. However, the conceptual CUP/PD site plan does not show a mix of uses, It CP A-O4-003, RZ-O4-0 17 & CUP-04-0S1 Page 7 proposes 100% retail uses. This does not conform to the intent of the MU-R areas, which is to construct a true mix of uses, IDAHO STATE CODE Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. [NOTE: A formal recommendation of the Maverik CPA application (also being heard on December 16, 2004), could impact the approval timeframe of this application.] RECOMMENDATION As outlined above, staff does not believe the applicant has presented sufficient evidence to support the removal of more than 20 acres of existing, serviceable, industrial land from the city. Staff recommends denial of the subject CPA application. (We want to emphasize that this application pertains only to the 22+/- acres at the west end of the site. One alternative is for the applicant to rezone the eastern portion of the parcel that is already designated as MU- Regional.) CPA-O4-003, RZ-04-017 & CUP-O4-051 Page 8 Rezone # Conditional Use # (/ y- t).:s-:/ Preliminary I Final I Short Plat CENTRAL DISTRICT HEALTH DEFJt~~E[)Return 10: Environmental Health Division 0 Boise DEC - 3 2oo/¡ 0 Eagle ('ityot"..",,;. ~a'd Cty c';ty c¡,:::: .,' , eni eridian r¡;!o/ /I11'-E" 17Ft/pia/, ;11M/" 0 Kuna OACZ OSlar ~ CENTRAL Gi B~]L!~ 01. We have No Objections to this Proposal. 0 2. We recommend Denial of this Proposal. 0 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 0 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other 0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 'RÍ B. After writ~e approval from appropriate entities are submitted, we can approve this proposal for: ï entralsewage §:ommunityseWagesystem 0 community water well interim sewage ntral water 0 individual sewage individual water 'f;;;}(g. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, ~' Division ~f nvironmental Quality: entr.al sewage "Q. community sewage system 0 communitywater sewage dry lines p..centrai water Run-off is not to create a mosquito breeding probiem. ~o, 0 11. This Department would recommend deferral until high seasonal ground water can be detel1T1ined If other considerations indicate approval. 012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 0 13. We will require plans be submitted for a plan review for any: 0 food establishment 0 swimming pools or spas 0 beverage establishment 0 grocery store 'Ø14. Please see attached stormwater management recommendations 015. 0 child care center -~ Reviewed By: Y1/. Review Sheet "'26-001EH0904 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE January 20, 2005 ITEM # 7 PROJECT NUMBER CUP 04-051 PROJECT NAME Ten Mile Development NAME (PLEASE PRINT) FOR AGAINST NEUTRAL " lu lllL 'R n D þ ¡f .i -t--rn V ; RECEIVED DFC ¡ (: ¿J~'¡ CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET Cit~' of Meridian City Clerk Office December 16, 2004 ITEM # 9 DATE PROJECT NUMBER CUP 04-051 Ten Mile Development PROJECT NAME NAME (PLEASE PRINT) FOR AGAINST NEUTRAL MAYOR Tammy de Weerd olfe;;;j¡~n' - IDAHO LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579. Fax 898-550t FUBLIC WORKS (208) 898-5500' Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird 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: December 9, 2004 Transmittal Date: November 18, 2004 Hearing Date: December 16, 2004 File No.: CUP 04-051 Request: CUP for a Conceptual PD for commercial/retail uses for approximately 615,430 sq. ft. of building areas in a proposed CoO zone for Ten Mile Development, LLC By: Hansen-Rice, Inc. Location of Property or Project: SWC of North Eagle Road & East Pine Avenue David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (NoFP) Michael Rohm, P/Z (NoFP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Christine Donnell, C/C Keith Bird, C/C Shaun Wardle, C/C k Water Department - Sewer Department Sanitary SelVice (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer ~e.iÏrib 11 ~. -... NaV 2 2 2~[J: l!.¡U 'Jill OF ME \STEWATE~lDlA1v ~ 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 Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway District Ada County Development SelVices Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power CO. (FP, PP, CUP) Qwest (FPIPP only) Intermountain Gas (FP, PP. CUP) Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical preselVation Commission Your Concise Remarks: N~T