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HomeMy WebLinkAboutACHD_Ustick REVISED.AZSTAFF REPORT Hearing Date: 2/16/06 Continued from 1/19/06 TO: Planning & Zoning Commission FROM: Joe Guenther, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Ada County Highway District Annexation AZ-05-060 Annexation and Zoning of 4.92 acres from RUT (Ada County) to C-G (General Commercial). 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to C-G (General Commercial) for 4.92 acres of property currently zoned RUT in Ada County. The site is located on the south side of Ustick Road, approximately 1/3 mile east of Eagle Road. This site is currently rural residential with one single-family residential building and accessory buildings. The applicant is proposing to construct a collector roadway with the remainder of the property to be sold for future commercial uses. The site will provide a public connection for future commercial cross access in the SE corner of Eagle and Ustick Roads. 2. SUMMARY RECOMMENDATION The subject property is within the Urban Service Planning Area. Staff has provided detailed analysis and recommends that the subject be approved with all requirements for the Development Agreement (DA) (see below for DA provisions). Staff is recommending approval of the proposed Ada County Highway District Annexation, submitted as AZ-05-060 with the development agreement and concerns as detailed in this report. The applicant failed to post the site 10 days prior to the January 19, 2006 hearing date. 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval I move to recommend approval to the City Council of File Number AZ-05-060 as presented in the staff report for the hearing date of February 16, 2006. Recommend Denial I move to recommend denial to the City Council of File Number AZ-05-060 as presented in the staff report for the hearing date of February 16, 2006 for the following reasons: (You should state specific reasons for denial. The reasons should address how the applicant might re-do the application to gain your recommendation for approval.) Recommend Continuance I move to continue File Number AZ AZ-05-060 for the hearing date of February 16, 2006, to _____ 2006, and in addition to staff’s comments, direct the applicant to make the following changes: (insert comments here) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3595 E. Ustick / 3N1E4 b. Owner/Applicant Ada County Highway District, LLC 3775 Adams Street Garden City, Idaho 83714 c. Representative: Becky McKay, Engineering Solutions d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Mixed Use Regional f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G (General Commercial) for 4.92 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main arterial which has recently been upgraded as a major arterial with access to a state highway which is appropriate for commercial/office uses. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 2 and 16, 2006 c. Radius notices mailed to properties within 300 feet on: December 23, 2005 d. Applicant posted notice on site by: February 5, 2006 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west are either zoned commercial or proposed commercial zones. To the north is the approved Lowe’s building. Perkins-Brown Subdivision, an Ada County single-family development lies east of the subject site and the proposed ACHD collector road right of way. This area is rapidly transitioning from rural to urban/commercial. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C-G, Lowes 2. East: Rural residential, zoned RUT (Ada County) 3. South: Redfeather Subdivision, zoned C-G 4. West: Single-family/Commercial, zoned RUT proposed C-G d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Ustick Road. Location of water: Water is available in Ustick Road Issues or concerns: None. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C-G (General Commercial) 7. Size of Property: 4.92 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include specific concepts within a Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: 1. Width of street buffer(s): Per City Code, a 35-foot wide landscape street buffer is required adjacent to Ustick Road, an arterial roadway (UDC 11-2A-4). 2. Width of buffer(s) between land uses: N/A all properties are proposed as C-G h. Required Commercial Standards: C-G Setbacks Proposed Required Landscape (Commercial) Arterial Road (Ustick) NA 35 Collector Street (Future) NA 20 Use buffer (residential/commercial) NA 25 i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. There will be a future collector roadway at this site which will eventually connect Ustick Road and Fairview Road. The applicant is proposing to take the required right of way, divide the property and sell the remainder as C-G zoned property for development. There will be no direct lot access to the future road and a system of cross access points or internal streets will be established by ACHD. 7. COMMENTS MEETING On December 30, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Mixed Use Regional” on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer’s expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff’s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a commercial zone adjacent to proposed or established commercial districts. Staff finds that impacts to the existing residential properties to the east can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACHD collector road. “Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. “Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas.” (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of a future collector road and an arterial roadway. A 35-foot wide street buffer will be required along Ustick Road and a 20-foot wide street buffer will be installed as a part of the western side of the collector roadway to be designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads and future vehicular impact on existing residential uses. There are several major commercial developments with associated mixed use residential developments occurring in the area to which the proposal will provide service. “Restrict curb cuts and access points on collectors and arterial streets.” (Chapter VII, pg. 107, Goal IV, Obj. D, #2) The curb cuts and access points will be designed to be consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed development proposal and full review by ACHD. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) For the future collector roadway, one access road to Ustick Road with a future connection to the south through Red feather Estates. Cross access will be required east and west of the site. Staff is generally supportive of the conceptual connectivity proposal. Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) No stub streets are currently provided to the subject site. See bullet above. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: “The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with Achd to minimize access points on arterial. . .roadways as development applications are reviewed.” (Chapter VI, page 72) “Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets.” (Chapter VI, Goal II, Obj. A, #12, page 79). “Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (Chapter VII, Goal I, Obj. B, #7, page 102) Staff finds that the proposed C-G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on November 3, 2005 by Gregory G. Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. 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 the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 18 months to initiate this process. The DA shall incorporate the following: That all future uses shall 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. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. That the applicant will be responsible for all costs associated with the sewer and water service extension. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 57517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. That when a preliminary plat is submitted to the City, the entire 4.92 acres that are the subject property for AZ-05-060 will be included within the boundaries of said plat (no out-parcels). That when a preliminary plat is submitted to the City, no direct lot access to Ustick Road will be allowed. At such time as individual uses are proposed, direct access to Ustick Road shall be prohibited. This is not intended to prohibit a public street connection to Ustick Road. That in the case of any division of the property cross access to parcels south and west of the site be granted at intervals to be determined by ACHD. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with a C-G zoning designation with the aforementioned Annexation & Zoning provisions included in a Development Agreement. 11. EXHIBITS A. Legal Description B. Required Findings from Zoning Ordinance A. Legal Description   B. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. Staff finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) with the City, staff finds that the annexation and zoning of this property to C-G would be in the best interest of the City.