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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
STAFF RJrI>ORT
Hearing Date: 2/16/06
Continued from 1/19/06
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TO:
FROM:
Planning & Zoning Commission
Joe Guenther, Associate City Planner
Meridian Plamung 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 0]<' 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 propeliy culTently zoned RUT in Ada County. The site
is located on the south side of Us tick Road, approximately 1/3 mile east of Eagle Road. Tlus site
is culTently rural residential with one single-fanuly residential building and accessory buildings.
The applicant is proposing to construct a collector roadway with the remainder of the propeJiy to
be sold for fllture commercial uses. The site will provide a public comlection for future
commercial cross access in the SE comer 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, subnutted as AZ-05-060 with the
development agreement and concems as detailed in tills 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 Feblllary 16, 2006.
Recommend Denial
1 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 F eblllary 16, 2006 for the following reasons: (You should state
specific reasons for denial. The reasons should address how the applicant nlight 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 Feblllary 16, 2006, to
- 2006, and in addition to staffs comments, direct the applicant to make the following
changes: (insert comments here)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 3595 E. Ustick / 3NŒ4
~RE C E IVE,I)
FEB 0 9 2006
CITY OF MER/DIAr\!
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060
PAGEl
CIT\/ CLER< C'~Cfr~
CfTY OF MERIDIAN PLANN1NG DEI' ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY] 6,2006
b. Owner/Applicant
Ada County Highway District, LLC
3775 Adams Street
Garden City, Idaho 83714
c. Representative:
d. Present Zoning:
Becky McKay, Engineering Solutions
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 culTently 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 detennined 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 tIns matter.
b. Newspaper notifications published on: January 2 and 16, 2006
c. Radius notices mailed to properties within 300 feet on: Decelllber 23,2005
d. Applicant posted notice on site by: Feblllary 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 SulTounding 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-fmnily development lies east of
the subject site and the proposed ACI-ID 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-tàmily/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.
Water is available in Ustick Road
Location of water:
Issues or concerns:
None.
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF FEBRUARY 16,2006
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 Jnigation: All irrigation ditches, laterals and canals should be tiled
when tIlls 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 Infonnation: The applicant has not submitted a preliminary plat with
the subj ect 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 ll-2A-4).
2. Width ofbuffer(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
Collector Street (Future) NA
Use buffer (residential/commercial)NA
35
20
25
i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not
proposing to develop/plat this property at tills time. There will be a future collector roadway
at this site which will eventually connect Ustiek 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 intel1lal streets will be established by ACHD.
7. COMMENTS MEETING
On December 30,2005, ajoint agency and departments meeting was held with service providers
in tills 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 nlinimum a celiificate of zoning
compliance where the agencies will have the opportunity to condition specific uses.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Tills property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII ofthe 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 linlit on the square footage of non-
residential uses and is intended to allow a broad range of uses. Staff recommends that the
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-IE HEARING DATE OF FEBRUARY 16,2006
Commission and Council rely on any verbal or written testimony that may be provided at the
public hearing when c1eternuning 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 lIT, Objec6ve A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
supiect 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 o/the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the suf?ject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The supject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Librmy 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 thefuture ACHD collector road.
"Pern1it 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,
ADA COUNTY HIGHW A Y DISTRICT ANNEXATION - AZ-05-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
#3)
The proposed commercial use is located at the intersection of a .fÚture collector road and an
arterial roadway. A 35-foot wide street buffer will be required along Ustick Road and a 20-
.loot wide street [niDer 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 fžling of a detailed development
proposal andfull 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 Redfeather 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 dinlinished by excessive driveway
connections to the roadways. The City should cooperate with Achd to nlininuze 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 Vll, Goal I, Obj. B, #7, page 102)
.
.
Stafffìnds 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 ll-2B-2 lists the pern1itted, accessory,
and conditional uses in the C-G zoillng 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 lughways. C-G General Retail And Service
Commercial District: The purpose ofthe 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
ADA COUNTY HIGHW A Y DISTRICT ANNEXATION - AZ-05-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tl-lE HEARING DATE OF FEBRUARY 16,2006
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or mierial streets; to fulfill the need oftravel-re1ated
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 conmlercial
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 propeJiy. 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 § 65~67l1A
provides the City the authority to require a propeIiy 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 fasillon that is consistent wÜh 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 Attomey, Bill Nary, at 888-4433 within 18 months to i1utiate 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 subj ect propeIiy 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 tlus
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That prior to issuance of mly building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
That a street buffer, constlllcted in accordance with City Code, be
.
.
.
.
.
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060
PAGE 6
CITY OF MERIlJIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or FEBRUARY 16,2006
Co
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 prelinunary 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 Us tick Road shall be prohibited. TIus is not
intended to prohibit a public street cOJmection 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 deternuned by
ACHD.
0
.
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. EXHffiITS
A Legal Description
B. Required Findings from Zoning Ordinance
ADA COUNTY HIGHWAY DISTRICT ANNEXATION -AZ-05-060
PAGE 7
. PI ANNING DEPARTMENT STAFF REPORT FOR THE HEAlUNG DATE OF FEBRUARY 16,2006
CITY OF MERIDIAN. .e " , .
A. Legal Description
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Project No. 05-341
Pho"- (208) s.6-SS70
fax (208) 884.H~~
November 4, 2005
Proposed C-G Zone
Ada County Highway District Annexation
A parcel of land located in the East half of the East half of lot 4 in Section 4,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Beginning at the Northeast corner of said Lot in Section 4:
Thence South 89"35'22" West 166.19 feet to a point;
Thence South 0"00'08" West 1,290,34 teet to a point;
Thence North 89"32'42" East 166.19 feet to a point;
Thence North 0.00'9" West 1,290.21 feet to the POINT OF BEGINNING.
containing 4.92 acres, more or less.
Prepared by:
Idaho Survey GrouP. P.C.
Gregory G. Carter, P.LS.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
B. Required Findings from Zoning Ordinance
1. Annexation Findings:
B-1
Upon recommendation from the Commission, the Council shall malœ a full
investigation and shall, at the public hearing, review the application. In order to
grant an anncxation and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions ofthe
comprehensive plan;
The applicant is proposing to zone aU 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.
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 oftills property should comply with the established
regulations and purpose statement of the C-G zone.
2.
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 Comnlission and
Council rely on any oral or written testimony that may be provided when
determining this finding.
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 inclnding, 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.
4.
5.
The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
If the applicant enters into a Development Agreement (DA) with the City, staff
finds that the am1exation and zoning of tills property to C-G would be in the best
interest of the Citv.