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HomeMy WebLinkAboutComments1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 21 January 2009 City of Meridian City Clerk's Office Jaycee Holman 33 E Broadway Avenue Meridian, ID 83642-2619 RE: CPA 08-014/City of Meridian/State Hwy 69 & Amity Dear Jaycee: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above -referenced application. All laterals and waste ways must be protected. All municipal surface drainage must be retained on -site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Greg Curtis Asst. Water Superintendent Nampa & Meridian Irrigation District GC/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CI CENTRAL DISTRICT CENTRAL DISTRICT HEALTH DEPARTMENT HEALTN Return to:� Environmental Health Division ❑Boise DEPARTMENT RECEIVED ❑Eagle Rezone # I -PA 4$ -6l L/ FEB 2 3 noq Gard Conditional Use # TY M:67ndia�, CIOFC�fE mrAN Preliminary / Final / Short Plat CITY CLERKS OFFICI ❑Kuria )41V17-.: ❑ACz 5 3 0 ❑ Star 01. We have No Objections to this Proposal.;�� OeVart,' ❑2. We recommend Denial of this Proposal. �'q)z ❑3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools ors as p ❑child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations ❑ 15. Reviewed B : S Date: / / 2 7 15726-001 EH0904 Review Sheet March 24, 2009 CPA 08-014 MERIDIAN CITY COUNCIL MEETING March 24, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 18 REQUEST Public Hearing -- Request to re -designate approximately 265 acres from Low Density Residential, Medium Density Residential and Mixed Use Regional to Mixed Use Non Residental for State Highway 69 & Amity AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ITD: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z item Packet / Minutes See attached Recommendations See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Mayor Tammy de Weerd E IDIA ���t; V �l�-��,.City Council Members: Keith Bird Joe Borton Charles Rountree JAN 0 9 2009 David Zaremba 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 Hall Attn: Jaycee Holman, City Clerk, by: February 12, 2009 Transmittal Date: January 8, 2009 File No.: CPA 08-014 Hearing Date: February 19, 2009 Request: Public Hearing -- Request for a Comprehensive Plan Amendment to re -designate approximately 265 acres from low density residential, medium density residential & mixed use regional to mixed use non-residential for State Highway 69 & Amity By: City of Meridian Planning Department Location of Property or Project: Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David-Zaremba C/C Vyafer Department _Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: KW .. Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District &.,o,,Kuna Irrigation District City Clerk's Office • 33 E. Broadway Ave., Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org Page 1 of 1 Machelle Hill From: Matthew Ellsworth Sent: Tuesday, February 17, 2009 9:36 AM To: Bill Parsons Cc: Tara Green; Machelle Hill Subject: FW: SH 69 & Amity Attachments: CPA_ Narrative_Text.pdf; CPA_Narrative_Map.pdf; Attachment 1.pdf; Attachment2.pdf; RE: SH 69 & Amity; RE: SH 69 & Amity; RE: SH 69 & Amity Bill, Here are some email correspondences between the City and Simplot regarding the SH69 and Amity CPA (for the file). Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 From: Matthew Ellsworth Sent: Tuesday, January 20, 2009 9:34 AM To: 'vic.con rad@simplot. com'; 'sgrapatin@simplot.com' Cc: Anna Canning; Peter Friedman Subject: SH 69 & Amity Vic and Scott, The proposed changes to the City's Future Land Use Map and Comprehensive Plan text are attached. The Planning & Zoning Commission will consider the changes on February 19. Hearings typically begin at 7:00 pm. Written comments received by noon on the Thursday before (February 12) are included in a packet distributed to the Commission in advance of the hearing. Also, here's a link to the City's full, adopted plan: httP://www.meridiancity org/olanninc_zoning/comprehensive_plans/index.a5p Descriptions for each future land use designation are included in Chapter 7. Please note that the description for Mixed Use — Regional (on page 103) was updated with Resolution 08-599 (which is a separate link further down the page). Resolution 08-599 has the adopted language for Mixed Use — Regional. The City's adopted Future Land Use Map is available under "Other Related Files" Please let me know if you have any questions. Thank you again for meeting with us last week, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 2/17/2009 Page 1 of 1 Machelle Hill TJ HA From: Conrad, Vic E [Vic.Conrad@simplot.com] FEB ' �o�� Sent: Monday, February 16, 2009 4:13 PM E_-ity Of Meridian To: Bill Parsons; Tara Green; Ted Baird; Bill Nary; Machelle Hill; Jaycee Holman i ity �1erk Office Cc: Peter Friedman Subject: RE: Staff Report for Mixed Use Non -Residential and SH 69 and Amity CPA for 02/19/2009 PZ MTG Thank you Bill. It doesn't look like there are any changes from the version that you distributed by email on February 12th. However, I did notice that you corrected the hearing date in your cover email. Is the correction to the hearing date the only change? From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Friday, February 13, 2009 10:31 AM To: Tara Green; Ted Baird; Bill Nary; Machelle Hill; Jaycee Holman; Conrad, Vic E Cc: Peter Friedman Subject: Staff Report for Mixed Use Non -Residential and SH 69 and Amity CPA for 02/19/2009 PZ MTG Attached are the staff reports for the Mixed Use Non-residential and SH 69 and Amity CPA applications. These items are scheduled to be on the Commission agenda on February 19, 2009. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or e-mail with any questions. Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org 2/17/2009 Page 1 of 2 Machelle Hill From: Anna Canning Sent: Friday, February 06, 2009 5:01 PM To: 'Conrad, Vic E'; C. Caleb Hood Cc: Matthew Ellsworth; Bill Parsons Subject: RE: SH 69 & Amity Vic, Forgive me for chiming in; Caleb has gone home for the evening. We anticipated that Simplot might have such concerns. We encourage you to think about what flexibility you need and propose an alternative. Conversely, we could also work with you on retaining some of the Mixed Use Regional designation along the roadway frontage, while changing some of the "inside" properties to Mixed Use Non -Residential. The Comprehensive Plan is a vision document, and we have some flexibility in how we describe that vision. I think we can come to a solution that benefits Simplot as well as the City. We look forward to your ideas, Anna Anna Borchers Canning, AICP (208) 884-5533 phone (208) 489-0569 facsimile From: Conrad, Vic E [mailto:Vic.Conrad@simplot.com] Sent: Friday, February 06, 2009 4:37 PM To: C. Caleb Hood Cc: Anna Canning; Matthew Ellsworth; Bill Parsons Subject: RE: SH 69 & Amity Caleb, Thank you for the response. This is very helpful. We agree with your conclusion that the area you have identified is suitable for non-residential uses. Our concern is over limiting the non-residential uses to be imposed with the new land use designation. Unless we can arrive at a resolution that provides Simplot with the assurance that the non-residential uses available to Simplot remain flexible; we will find it very difficult to support the proposed change. From: C. Caleb Hood [mailto:chood@meridiancity.org] Sent: Friday, February 06, 2009 3:32 PM To: Conrad, Vic E Cc: Anna Canning; Matthew Ellsworth; Bill Parsons Subject: RE: SH 69 & Amity Vic, My name is Caleb Hood, and I am the Planning Manager for the City. Matt is not available today so hopefully I can answer the questions you have asked below. Based on the current need for employment south of Interstate 84, the existing non-residential character of this area, the visibility of the properties from SH-69/Meridian Road, and topography, the Planning Department believes this area is a good candidate for pretty intense, non-residential uses long-term. Based on the current land uses, including ACHD's operations, the storage units on your (Simplot) property, the pit that has been mined and is now being backfilled to the northeast of your storage complex, and American Paving's operations south of Amity, allowing additional residential dwelling units in the future did not seem to be appropriate. So, no, ACHD is 2/17/2009 Page 2 of 2 not the only landowner that we are trying to accommodate with the proposed change to the comprehensive plan. In fact, ACHD's current and future operations on their site south of Amity are only a small reason that the city is proposing the comprehensive change. We have been in discussions with other property owners/developers about redevelopment and the uses they are contemplating for redevelopment tend to be pretty intense industrial -type uses too. We are trying to accommodate all of the existing landowners with this proposed change; we believe the proposed change will have a long lasting benefit to the property owners. As one of the affected property owners I'm not sure if you have come to the same conclusion or not. But I can assure you that we have evaluated this change and believe it to be a good one that reflects what the market is calling for and is good not only for the property owners directly affected, but for the community at large. To let you know who this change affects directly, I've included a list of all the property owners below. (There are a couple of residential property owners and it is my understanding that they are okay with the change too.) Bill Parsons is the city planner putting the finishing touches on the staff report and that report should be available the first to mid -part of next week. I'm cc'ing him on this message so he has your information to e-mail you a copy of that report when complete. Please don't hesitate to contact me if you want to discuss anything further. Thank you. ProRert�Owners in the proposed Mixed Use — Non -Residential area near Amit /Meridian: 1) AVI Simplot INC — approximately 94 acres — i6 2) Rock Contractors — 25 acres 3) Craig Gibson (American Paving) — 55 acres 4) Ada County — 1 acre 5) Ada County Highway District (ACHD) — 28.5 acres 6) Rabehl (residence, 815 Amity) — 1.7 acres 7) Petersen (residence, 915 Amity) — 1.5 acres 8) Gary Murgoitio — 4.5 acres C. Caleb Hood City of Meridian Planning Manager 33 E. Broadway Avenue Meridian, ID 83642 208.884.5533 (phone) 208.489.0572 (fax) chood@_meridiancjty.org From: Conrad, Vic E [mailto:Vic.Conrad@simplot.com] Sent: Thursday, February 05, 2009 11:15 AM To: Conrad, Vic E; Matthew Ellsworth; Grapatin, Kenneth Scott Cc: Anna Canning; Peter Friedman; C. Caleb Hood Subject: RE: SH 69 & Amity Matt: In following -up again on the proposed change to the land use map; is ACHD the only landowner whose future plans you are trying to accommodate? Are there other landowners who you are accommodating? If so, will you please let me know who they are or please confirm that the ACHD is the only landowner whose plans you are accommodating? As we proceed toward the hearing date on this matter will you be preparing a staff report for the commission? If so, when will this be available? 2/17/2009 Pagel of 2 Machelle Hill From: C. Caleb Hood Sent: Friday, February 06, 2009 3:32 PM To: 'Conrad, Vic E' Cc: Anna Canning; Matthew Ellsworth; Bill Parsons Subject: RE: SH 69 & Amity Vic, My name is Caleb Hood, and I am the Planning Manager for the City. Matt is not available today so hopefully I can answer the questions you have asked below. Based on the current need for employment south of Interstate 84, the existing non-residential character of this area, the visibility of the properties from SH-69/Meridian Road, and topography, the Planning Department believes this area is a good candidate for pretty intense, non-residential uses long-term. Based on the current land uses, including ACHD's operations, the storage units on your (Simplot) property, the pit that has been mined and is now being backfilled to the northeast of your storage complex, and American Paving's operations south of Amity, allowing additional residential dwelling units in the future did not seem to be appropriate. So, no, ACHD is not the only landowner that we are trying to accommodate with the proposed change to the comprehensive plan. In fact, ACHD's current and future operations on their site south of Amity are only a small reason that the city is proposing the comprehensive change. We have been in discussions with other property owners/developers about redevelopment and the uses they are contemplating for redevelopment tend to be pretty intense industrial -type uses too. We are trying to accommodate all of the existing landowners with this proposed change; we believe the proposed change will have a long lasting benefit to the property owners. As one of the affected property owners I'm not sure if you have come to the same conclusion or not. But I can assure you that we have evaluated this change and believe it to be a good one that reflects what the market is calling for and is good not only for the property owners directly affected, but for the community at large. To let you know who this change affects directly, I've included a list of all the property owners below. (There are a couple of residential property owners and it is my understanding that they are okay with the change too.) Bill Parsons is the city planner putting the finishing touches on the staff report and that report should be available the first to mid -part of next week. I'm cc'ing him on this message so he has your information to e-mail you a copy of that report when complete. Please don't hesitate to contact me if you want to discuss anything further. Thank you. PropertyOwners in -the proposedMixed Use -Non-Residential area near Amit /Meridian: 1) AVI Simplot INC — approximately 94 acres 2) Rock Contractors — 25 acres 3) Craig Gibson (American Paving) — 55 acres 4) Ada County — 1 acre 5) Ada County Highway District (ACHD) — 28.5 acres 6) Rabehl (residence, 815 Amity) — 1.7 acres 7) Petersen (residence, 915 Amity) — 1.5 acres 8) Gary Murgoitio — 4.5 acres C. Caleb Hood City of Meridian Planning Manager 33 E. Broadway Avenue Meridian, ID 83642 208.884.5533 (phone) 208.489.0572 (fax) chood 0meridiancity.orr From: Conrad, Vic E [mailto:Vic. Conrad@simplot.com] Sent: Thursday, February 05, 2009 11:15 AM 2/17/2009 Page 2 of 2 To: Conrad, Vic E; Matthew Ellsworth; Grapatin, Kenneth Scott Cc: Anna Canning; Peter Friedman; C. Caleb Hood Subject: RE: SH 69 & Amity Matt: In following -up again on the proposed change to the land use map; is ACHD the only landowner whose future plans you are trying to accommodate? Are there other landowners who you are accommodating? If so, will you please let me know who they are or please confirm that the ACHD is the only landowner whose plans you are accommodating? As we proceed toward the hearing date on this matter will you be preparing a staff report for the commission? If so, when will this be available? 2/17/2009 Page 1 of 2 Machelle Hill From: Matthew Ellsworth Sent: Thursday, January 29, 2009 2:13 PM To: Conrad, Vic E; Grapatin, Kenneth Scott Cc: Anna Canning; Peter Friedman; C. Caleb Hood Subject: RE: SH 69 & Amity Vic, The need for this change is based on: 1. A lack of land in Meridian designated for industrial and other employment uses (we discussed the appropriateness of this specific location when we met — natural screening opportunities due to topography, etc.), and 2. Future plans of land owners in the area (ACHD, for example); they can continue their operations (or similar ones) knowing that future conflicts will be avoided since the proposed designation prohibits new residential uses. Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 From: Conrad, Vic E [mailto:Vic.Conrad@simplot.com] Sent: Wednesday, January 28, 2009 7:57 AM To: Matthew Ellsworth; Grapatin, Kenneth Scott Cc: Anna Canning; Peter Friedman Subject: RE: SH 69 & Amity Mathew, Can you please explain what is driving the need for this change to the Land Use Map? From: Matthew Ellsworth[mailto:mellsworth@meridiancity.org] Sent: Tuesday, January 20, 2009 9:34 AM To: Conrad, Vic E; Grapatin, Kenneth Scott Cc: Anna Canning; Peter Friedman Subject: SH 69 & Amity Vic and Scott, The proposed changes to the City's Future Land Use Map and Comprehensive Plan text are attached. The Planning & Zoning Commission will consider the changes on February 19. Hearings typically begin at 7:00 pm. Written comments received by noon on the Thursday before (February 12) are included in a packet distributed to the Commission in advance of the hearing. Also, here's a link to the City's full, adopted plan: Descriptions www s for ancity.org/planning zoning/comprehensive plans/index.asp Descriptions for each future land use designation are included in Chapter 7. Please note that the description for Mixed Use — Regional (on page 103) was updated with Resolution 08-599 (which is a separate link further down the page). Resolution 08-599 has the adopted language for Mixed Use — Regional. 2/17/2009 Page 2 of 2 The City's adopted Future Land Use Map is available under "Other Related Files" Please let me know if you have any questions. Thank you again for meeting with us last week, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 2/17/2009 Comprehensive Plan Amendment Narrative Mixed Use — Non Residential A. SPECIFIC DETAIL OF THE CHANGE REQUESTED The proposed change re -names the Mixed-Use-WWTP [Waste Water Treatment Plant] designation to Mixed -Use Non -Residential. The existing designation was developed to ensure that non -compatible land uses are not allowed in close proximity to the wastewater treatment plant in North Meridian. The Comprehensive Plan identifies the following uses for the designation: • Light, professional office uses • Flex space uses, including light warehousing • Limited, small-scale retail uses • Mini -storage uses Mixed -Use WWTP is the only mixed use designation that does not allow new residential uses, and it therefore may be appropriate for other areas of the City as well. This change allows areas to carry the same characteristics of the Mixed -Use WWTP designation without an implied proximal tie to the Treatment Plant itself (and without changing the future land use description of areas currently designated Mixed Use — WWTP). B. ADDRESS HOW THE PROPOSED AMENDMENT PROVIDES AN IMPROVED GUIDE TO FUTURE GROWTH AND DEVELOPMENT IN THE CITY. The proposed change allows the City to consider a Mixed Use designation that does not allow residential uses in appropriate areas. It provides greater flexibility in applying mixed use designations by expanding a geographically anchored designation for potential use in the rest of the City. It also creates a way to provide clearer direction about the mix of uses that are appropriate in areas so designated. C. ANY OTHER DATA AND INFORMATION THAT WOULD SUPPORT THIS REQUEST This application proposes the following change to the text of the Meridian Comprehensive Plan: Page 103, after the fifth bullet under Mixed -Use Regional: Mixed Use — Non -Residential a,.:,.. a U- ii WTn The following standards will apply to this category: Comprehensive Plan Amendment Narrative Map Amendment: Northeast and Southeast Corner of Meridian Road and Amity Road A. SPECIFIC DETAIL OF THE CHANGE REQUESTED The proposed change will re -designate approximately 265 acres from Low Density Residential (28 acres owned by Ada County Highway District), Medium Density Residential (25 acres owned by Rock Contractors, Inc.) and Mixed Use — Regional (approximately 212 acres under multiple ownerships) to Mixed Use — Non Residential. Attachment 1 shows the adopted Future Land Use Map for the area and Attachment 2 shows the proposed changes. A concurrent application proposes to change the name of the Mixed Use — WWTP designation to Mixed Use — Non Residential. The standards outlined in the description of Mixed Use — WWTP (Pg. 103, Meridian City Comprehensive Plan) will apply to the northeast and southeast corner of Meridian Road (SH 69) and Amity Road if Council approves these concurrent applications. B. ADDRESS HOW THE PROPOSED AMENDMENT PROVIDES AN IMPROVED GUIDE TO FUTURE GROWTH AND DEVELOPMENT IN THE CITY. The proposed change provides clearer direction about the mix of uses that are appropriate in this area. The Comprehensive Plan identifies the following uses for the Mixed Use — WWTP (Non Residential) designation: • Light, professional office uses • Flex space uses, including light warehousing • Limited, small-scale retail uses • Mini -storage uses This is the only Mixed Use designation that does not allow residential uses. There are currently several gravel pit operations in this area that are nearing the end of their usefulness. The operations will leave several large pits that will create additional costs prior to redevelopment. While the altered landscape will require substantial reclamation to make suitable for residential development, it may provide an opportunity for light industrial - oriented employment uses that are fairly well screened with the abrupt changes in topography. In addition, with the amount of flat, developable land that already allows for residential uses in South Meridian, it is irrational to suggest extensive reclamation in order to create more. C. ANY OTHER DATA AND INFORMATION THAT WOULD SUPPORT THIS REQUEST Attachment 1: Adopted Future Land Use Map Meridian &Amity 0 245 %0.. 1A70 1�960 '--_.. ----w� Feet' Legend _ Commercial High Density Residential �-- ;i Mixed Use -Neighborhood Non -Urban Medium Density Residential —� Urban C� Mixed Use -Waste Water Treatment Plant I L_- Low Density Residential _ Old Town I Med-High Density Residential _ Planning/Referral Area Public/Quasi-Public Mixed Use - Employment Mixed Use _ Interchange Public Park Industrial Mixed Use - Regional 1 Public School Office _ Mixed Use - Community i Attachment 2: Proposed Future Land Use Map Meridian &Amity Al 0 245 490 Legend Commercial High Density Residential —— Mixed Use - Neighborhood Non -Urban Medium Density Residential _ Mixed Use - Non Residential - Urban Low Density Residential _ ® — Med-High Density Residential Planning/Referral Area Old Town Mixed Use - Employment Public/Quasi-Public � Mixed Use -Interchange � public Park Industrial Mixed Use -Regional _Public School Office i Mixed Use -Community -------------- J.R. SIMPLOT COMPANY ONE CAPITAL CENTER 999 MAIN STREET SUITE 1300 P.O. BOX 27 BOISE, IDAHO 83707 (208) 336-2110 FAX (208) 389-7515 CORPORATE HEADQUARTERS February 12, 2009 Hand Delivery Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 86342 FEB 12 2000 City of Meridian 'lann►ng Department ,, ., FEB,) w 49 City 'Jerk alfuce Re: Application CPA 08-014 of City of Meridian Planning Department. Dear Mr. Ellsworth: The J. R. Simplot Company ("Simplot") requests the following comments become part of the official record in the above referenced application. Simplot owns approximately 121 acres located on the northeast corner of Amity Road and State Highway 69. Under the above referenced Application, approximately 43 acres of Simplot's ownership will remain within the "Medium Density Residential" land use designation. The balance of Simplot's land, approximately 78 is proposed for the new land use category "Mixed -Use Non -Residential." Without waiving any rights to object to the City's down -grading of the 78 acres of Simplot's land to prevent residential development, Simplot acknowledges this parcel may be more suitable for future non-residential development. However, the lack of clarity describing allowable uses under the proposed "Mixed -Use — Non -Residential" use together with limiting Simplot's flexibility on developing the 78 acres places Simplot in the unfortunate position of objecting to the new land use designation in its current form. From the description of the proposed change provided by your staff, the Simplot's current Mixed -Use — Regional land use designation provides for the following: l . No upper limit of non-residential uses. 2. Over 200,000 sqft. Of non-residential building area. 3. CUP application would not be needed unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance. 4. Residential density of 3 to 40 units/acre. 5. Samples Uses include: All MU-N categories, entertainment uses, major employment centers, clean industry. From various documents provided, it is our impression the proposed change would limit the 78 acres to the following: a. Light professional uses, including light warehousing. b. Flex space uses, including light warehousing c. Limited, small-scale retail uses d. Mini -storage uses. It is not clear whether all development within this proposed land use will require a conditional use permit, which imposes further costs on developing this 78 acre parcel under these limited uses. Without any compensation, the value and use of Simplot private property will be negatively impacted by the following limitations: (1) the removal of its existing rights to residential land use on 78 acres, (2) the removal of the right to plan a large scale retail and commercial development, which this parcel is ideally suited for, and 3) potentially the loss of the right to process a development without requiring additional permitting and the costs associated therewith. The following is quoted from the Land Use section contained in the adopted Comprehensive Plan adopted with respect to "Mixed -Use". "The intent of this designation is to offer the developer a greater degree of design and use flexibility. " The land use proposed effectively takes -away the flexibility available to Simplot in developing its land. This taking is contrary to the goals of the City as described in the Land Use section of the Comprehensive Plan; will direct and substantially reduce the value of Simplot's land; and potentially adds complications and cost to future development by requiring additional permitting requirements. In order to achieve the City's objective to limit residential growth on the 78 acres while protecting existing private property rights, Simplot would recommend the following minor changes to the proposed new "Mixed Use -Regional" land uses and the new "Mixed Use — Non Residential" land use category. Proposed Mixed Use — Non Residential lmodifications shown in red italics or strikethrou2hl . Residentia! -Uses shall 0 �-uR4s4ieFe—. (i) Retail uses shall comprise a maximum of 50% of the development area. There is neither a minimum nor maximum imposed on non -retail commercial uses such as office, clean industry, or entertainment uses. All developments shall have a mix of at least 43ree two of the dirge few types of uses: retail, non -retail commercial: and public/quasi- public and r-c 'u +i (iv) Where the development proposes public and quasi -public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below. i. Supportive public and quasi -public uses would include parts, plazas, outdoor dining and gathering areas, open space, environmental restoration, libraries, public schools, etc. ii. All such areas must be open to the public and not limited to patrons of the development. iii. For land that is being donated (or nominally sold) to the public, such as a library or school, the developer is eligible for a 2:1 bonus. That is to say, if there is a five -acre library site, the project would be eligible for ten additional acres of retail development iv. For active open space or passive recreation areas, such as a part, tot -lot or playfield, the developer is eligible for a 2:1 bonus. That is to say, if the part is 10 acres in area, the site would be eligible for 20 additional acres of retail development. v. For plazas that are integrated into a retail project, the developer shall be eligible for a 6:1 bonus. Such plazas should provide a focal point (such as a fountain statue, and water feature), seating areas and some weather protection. That would mean that by providing a half -acre plaza, the developer would be eligible for three additional acres of retail development. vi. CUP application would not be needed unless a project lies within 300 feet of an exiting residence or school or CUP is otherwise required per ordinance. Sample uses include: All MU-N and MU-C categories, entertainment uses, major employment centers, clean industry. [end of proposed changes for new Mixed Use — Non Residential]. With existing access to the 78 acres off both Remple and Amity, the site is ideally suited for a substantial retail/commercial development. Using these access points to enter a new development reduces the potential that additional new access points will be sought between Remple and the intersection of Hwy 69 and Amity. Because the 78 acres already extends to these existing roadways additional access that would otherwise be necessary to serve an intervening ownership between Remple and the intersection of Amity and Hwy 69 is not necessary. The Simplot parcel is substantially large enough to accommodate an extensive retail and commercial development. With our long term presence in the Treasure Valley and experiencing the outcome of the Eagle Road corridor, we appreciate how important it will be to avoid a similar development result. The Simplot parcel already has many of the features that promote a successful retail and commercial development. If limiting the residential growth on the 78 acres is the objective, the focus on the developing the new land use category should concentrate on restricting that use. Preserving the "..design and flexibility" available for future development should continue to be the goal for the remaining uses consistent with the stated intentions of the Comprehensive Plan. Limiting potential development of the parcel by prohibiting the uses most ideally suited for this parcel without any consideration for the taking of such rights is unacceptable. We look forward to working cooperatively with the City on finalizing an acceptable land use definition that fulfills our mutual goals. It would be prudent for the City and Simplot to meet as soon as possible to attempt to resolve its concerns prior to the City moving forward with the approval of a land use definition that will result in expensive and adversarial proceedings. We encourage the City to accept the Simplot offer to efficiently utilize the additional time to work with Simplot towards an acceptable resolution. Sincerely, 6,.L- C-L) Vic Conrad Director Land, Water & Asset Recovery