HomeMy WebLinkAboutNesmith AZ
AZ 05-065
MERIDIAN PLANNING & ZONING MEETING
February 2, 2006
APPLICANT Jonathan Seel
ITEM NO.
15
REQUEST Annexation and Zoning of 1.50 acres from RUT to C-G zone for Nesmith
Annexation - 2820 East Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See attached Staff Comments
~
\25L (rj'/'J ~~
\ ".>(fl (/
CITY ATTORNEY
CITY POLICE DEPT:
CITY fiRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
No Comment
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
No Objections
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
See affidavit of Posting
OTHER:
Contacted:
Emailed: .
Date: ~ Phone:
Staff Initials: k--
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
STAFF REPORT
TO:
FROM:
. ;.~;t
'v;';.' ' .
cM;;;'-ì dl;~ ';; "
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
Hearing Date: 2/2/06
Planning & Zoning Commission
I: J,\¡¡('
SUBJECT:
Nesmith Annexation
AZ-05-065
Annexation and Zoning of 1.50 acres from RUT (Ada County) to C~G
(General Commercial), by Jonathan Seel.
RECEIVED
JAN 2 l 2006
GITY OF MERIDIAN
CITY CLERK n¡:cl~!=
MI-05-017
Miscellaneous request to modify the recorded Development Agreement for
Blue Marlin by subjecting an additional 1.50 acres of property to the
provisions of the Development Agreement, by Jonathan See!.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Jonathan Seel, has applied for Annexation and Zoning (AZ) to C-G (General
Commercial) for 1.50 acres of property currently zoned RUT in Ada County. The site is located
on the north side of Ustick Road, approximately 1/4 mile west of Eagle Road. This site is
currently rural residential with one single-family residential building and accessory buildings.
The applicant is not proposing any land use, development or subdivision at this time. Instead, the
applicant is proposing to amend the existing development agreement for the adjoining Blue
Marlin parcel to include this lot (see MI-05-017). A condition of recorded Development
Agreement for Blue Marlin includes a requirement that all future uses require a Conditional Use
Permit or that a Planned Development (PD) application be submitted for the entire project (see
Miscellaneous Application (MI-05-017) for analysis related to amending the recorded
development agreement for Blue Marlin below). The subject property is within the Urban Service
Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ and MI) were submitted to the Planning Department for concurrent
review. By City Ordinance, the Planning & Zoning Commission does not take action on
Miscellaneous Applications, as the Council is the final decision making body (with a
recommendation from staff). However, because the City Council is the final decision making
body on the Annexation and Miscellaneous applications, and because the two applications are
inter-related, the subject applications are being combined into one staff report. The Commission
should make recommendations to the Council on the AZ application only. Any comments related
to the Annexation application (AZ-05-065) will be include in the Commission's recommendation
to the Council. Staff is recommending approval of the Nesmith Annexation (AZ-05-065) and
Miscellaneous Application (MI-05-017), with an amendment to the recorded Development
Agreement for Blue Marlin.
3. PROPOSED MOTION (to be considered after the public hearing)
Recommend Denial
I move to recommend denial to the City Council of File Number AZ-05-065 as presented in the
staff report for the hearing date of February 2, 2006 for the following reasons: (You should state
specific reasons for denial.)
Recommend Approval
Nesmith Annexation - AZ-O5-065 / MI-05-017
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
I move to recommend approval to the City Council of File Number AZ-05-065 as presented in the
staff report for the hearing date of February 2, 2006 with the following modifications: (add any
proposed modifications.)
Recommend Continuance
I move to continue File Number AZ-05-065, to (insert specific hearing date), 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:
b. Owner:
2820 E. Ustick/ 4NIE32
Winston H. Moore
1940 Bonito Way, Ste. 160
Meridian, ill 83642
c. Applicant/Representative: Jonathan Seel, W.H. Moore Company
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 1.50 acres of property currently zoned RUT in Ada County.
Miscellaneous Request (MI) to amend the recorded Development Agreement (DA) for Blue
Marlin by including the subject 1.50 acres.
g. Applicant's Statement/Justification: As background information, Winston H. Moore owns 58
acres at the northwest comer of Us tick and Eagle. In early 2004, Mr. Moore submitted an
application to annex and rezone the entire 58 acres to C-G zoning. This parcel is referred to as
Blue Marlin. At that time we did not have any specific plans for the project, but felt it would
be a commercial development based on strong interest from the retail sector. However,
interested retailers would not enter into serious discussions until the land was annexed and
zoned for their use.
Subsequent to the approved annexation and rezone, Mr. Moore purchased the adjoining 1.46
acre parcel with no plans for development. He simply purchased the lot to square-off the Blue
Marlin parcel and avoid conflicts with the owner of the residential lot (please see Applicant's
Submittal Letter.)
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. Miscellaneous applications are not currently addressed in Title II of the Meridian City Code.
It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will in fact require a public hearing before the City
Council.
c. Newspaper notifications published on: January 16 and 30,2006
d. Radius notices mailed to properties within 300 feet on: January 6, 2006
e. Applicant posted notice on site by: January 23, 2006
Nesmith Annexation - AZ-05-065 / MI-05-017
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 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 directly to the north, south,
east and west are currently approved/zoned for commercial uses. Adjacent to the northwest
comer of this property, in Champion Park, attached single-family uses are being proposed
(Champion Park Addition). This area is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
I. North: Future commercial, zoned C-G, Blue Marlin
2. East:
3. South:
4. West:
Future commercial, zoned C-G, Blue Marlin
Proposed Sadie Creek Promenade, zoned C-G
Commercial lots, proposed C-G and C-N zoning; Single.family
development, zoned R-8, Champion Park and Champion Park Addition
d. History of Previous Actions:
NA
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer:
Location of water:
Sewer is available in Ustick Road.
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: Any irrigation ditches, laterals and canals that cross this
property should be tiled when this property develops.
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning:
7. Size of Property:
C-G (General Commercial)
1.50 acres
f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with
the subject annexation application. Staffrecommends that the City include the subject
property as part ofthe recorded Development Agreement (DA) for the adjoining Blue Marlin
property. Please see Analysis below for recommended DA provisions.
g. Landscaping:
1. Width of street buffer(s): Per City Code (UDC 11-2A) and the Comprehensive
Plan, a 35-foot wide landscape street buffer is required adjacent to Ustick Road, an
entryway corridor and arterial roadway.
2. Width ofbuffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-
foot wide landscape buffer is required between C-G zoned properties and residential
useslzones. As part of the Miscellaneous Application, the applicant is requesting to
provide only a 5.foot wide landscape buffer (please see Analysis below regarding the
applicant's request).
Nesmith Annexation - AZ-05-065 / MJ-05-017
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
h. Required Commercial Standards: C~G
Setbacks Proposed Required
Landscape (Local/Commercial) NA 10'
Arterial Road (Ustick) NA 35'
Collector Street NA 20'
Maximum Building Height NA 65'
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 may be a future collector roadway
east of this site which will eventually connect Ustick Road and Eagle Road to Wainwright
Drive to the north.
7. COMMENTS MEETING
On December 21,2005, 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. The
Meridian Fire Department was the only department or agency to provide comments. These
comments are "standard" and have not been included as conditions of annexation. Once a
development planes) is submitted staff will provide the applicant with specific comments and
conditions from all commenting agencies and departments.
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 Mixed Use - Regional designation has no upper limit on the
square footage of non~residential uses and is intended to allow a broad range of uses.
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 I)
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.
.
.
.
Nesmith Annexation - AZ-05~065 / MI-05-0 17
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
.
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 I)
The applicant is proposing a commercial zone adjacent to proposed or established
commercial districts. However, residences are being proposed as part of the Champion Park
Addition Subdivision to the northwest. Staff finds that if the subject annexation application
and the Champion Park Addition applications are both approved, approximately 100 feet of
the subject property will abut residential lots. However, the impacts to the proposed
residential properties to the northwest can be limited through the construction of land use
bujJers,fencing, and design. NOTE: On January 26,2006, the applicant provided stajJwith a
letter stating that they believe they should only be required to provide a 5j'00t wide
landscape strip along the west boundary of the Blue Marlin/CentrePoint development. Please
see the Analysis section below.
.
"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, Goal I, Objective A, Action 6)
Municipal water, solid waste and other se",ices 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, Goal III, Objective D,
Action 3)
Ustick Road is a designated arterial roadway. A 35-foot wide street buffer will be required
along Ustick Road when this property develops. Staff finds that commercial uses on this
property should complement the nearby residential land uses.
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action 2)
There are existing access points to/from Ustick Road to/from this property. StafJ recommends
that access to this site be provided by the future internal roadway/driveway system and not
Ustick Road when this property develops.
.
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. Currently there are no opportunities
to connect to roads in adjacent developments. Staff believes that when the roadway/driveway
Nesmith Annexation - AZ-05-065 I MI-05-0 17
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF FEBRUARY 2, 2006
system in Blue Marlin is constructed, this parcel will be provided access to Ustick and Eagle
Roads.
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, page 79)
.
Staff finds that the proposed C-G zoning designation is generally harmonious with and in accordance
with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal
or written testimony that may be provided at the public hearing when determining if the applicant's
zoning and development request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
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. However, the existing DA for Blue Marlin,
which the applicant is proposing to subject the 1.50 acres to, requires all uses to obtain
conditional use approval prior to construction and operation.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs ofthe 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
I. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, and the development surrounding the subject site, staff believes that the
requested C~G zone is appropriate for this property. Please see Exhibit C for detailed
analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
December 9, 2005 by Peter W. Lounsbury, PLS) shows the property as contiguous to
the existing corporate boundary of the City of Meridian.
2. MI Application: There are no required findings for a miscellaneous
application/development agreement modification. Below, staff has provided the most
pertinent facts and analysis related to the proposed development agreement
modification.
UDC 11-5B-3.D.2 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.
Nesmith Annexation - AZ-OS-065 I MI-05-0I 7
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
W.H. Moore, the current owner, has previously entered into a DA with the City and
is requesting that the recorded DA for Blue Marlin be amended to include the
subject 1.5 acres. The development agreement for this property was record on April
12, 2005 as Instrument No. 105048793. Staff recommends that the Commission and
Council direct the City's Legal Department to draft modifications to the recorded
development agreement for Blue Marlin as follows:
. Page 1, Item 1.4 ~ "Whe reas, "Own er" has submitted an application§
for annexation and zoning (AZ-03-025 and AZ-05-065) of the
"Property's" described in Exhibit A, and has requested a designation
of (C-G) General Retail and Service Commercial District, (Municipal
Code of the City of Meridian; and"
. Page 2, Item 1.7 - "Wh ereas, City Council the 23rd day of March,
2004, and the XX day of February/March. 2006. has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in as if set froth in full, hereinafter referred to as (the
"Findings"); and"
. Page 3, Item 3.3 - "'P roperty": means and refers to that certain
parcels(s) of "Property" located in the County of Ada, City of
Meridian as described in Exhibit A. amended to include 1.50 acres
alone Ustick Road as well as the 58 acres orieinallv subjected to this
al!reement. describing the parcels to be annexed and zoned C-G
(General Retail and Service Commercial District) attached hereto and
by this reference incorporated herein as set forth at length. "
. Page 3, Item 4.1 - " '0 wner/Developer" shall not develop all or any
part of the "Pr operty" unless and until it has applied for and received
either (a) a site-specific conditional use permit for the parcel to be
developed, or (b) approval for a planned development of the entire
"Property." The following are found to be pertinent provisions of the
City of Meridian Comprehensive Plan and are applicable to tffis AZ-02-
025 and AZ-05-065 application§:....."
. The applicant is requesting to further amend the DA by asking that the
City only require 5 feet of landscaping adjacent to the proposed
residential uses to the west, in Champion Park and Champion Park
Addition. The ODC currently requires a 25-foot wide landscape buffer,
between commercially zoned property and residential uses (UDC Table
11-2B-3). The applicant believes that they should not incur the financial
burden of allocating additional land to landscaping because of the
proposed Champion Park Addition going from mini-storage to
residential (see Applicant's Letter dated January 26, 2006.)
Although Champion Park is proposing to amend their use of the
property to the west, from mini-storage to residential, staff believes that
some type of substantial landscape buffer (not just a 6 foot vinyl fence
as proposed by the developer of Champion Park Addition) does need to
be constructed along the west property line. Staff also believes that the
applicant has some good reasons why they should not be required to
construct a full 25-foot wide landscape buffer. Staff believes that at
least a 10- foot wide landscape buffer, constructed in accordance with
Nesmith Annexation - AZ-05-065 / MI-05-017
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
UDC 11-3B-9C, should be constructed along the entire western
boundary of the subject site, where the site abuts residential uses, for
the following reasons: 1) the area to the west (Champion Park and
Champion Park Addition) is shown on the Comprehensive Future Land
Use Map as "M edium Density Residential". This medium density
designation existed prior to Blue Marlin or the subject 1.5 acre parcel
requesting annexation; 2) The land to the west (Champion Park) was
zoned for residential uses prior to Blue Marlin being annexed into the
City; 3) As the future homeowners are not living in the homes proposed
with Champion Park Addition, or the adjacent phase of Champion
Park, staff believes that the City needs to protect their interest. If the
City does not look out for the interest of the future homeowners no one
will. Even though the developers of Champion Park are proposing to
amend their development, the City should not waiver in the standard
practice of buffering residential uses from commercial uses. The
applicant even agrees that the (future) home owners need to be
protected in these instances, they just believe that they should not be
burdened with doing so (see Applicant's letter); and, 4) There are
previously approved residences within Champion Park, to the north of
the proposed Champion Park Addition, that are not a part of the
Champion Park Addition application. These home lots were approved
prior to Blue Marlin/CentrePointe and should also be provided with a
landscape buffer.
For the reasons listed above. staff recommends that Page 4. Item 5B be
amended to include the following restrictions/requirements for the
subject 1.50 acre Nesmith parcel and the 58 acres commonly known as
Blue Marlin and marketed as CentrePointe:
2. Construct at least a 10-foot wide landscape buffer. in
accordance with UDC 11-3B-9C. alone the entire western boundary
of the subject site. where the site abuts existine or proposed
residential uses.
3. Landscape buffers alone Ustick Road and Ealde Road shall
be constructed alone the perimeter of the development. in
accordance with the Unified Development Code.
Prior to the annexation ordinance approval, a modification to the recorded
Development Agreement (Instrument No. 105048793) 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 to initiate this Drocess.
b. Staff Recommendation: Staff recommends approval of the sub;ect applications AZ-05-
065 and MCU-05.017. with the conditions listed in the recorded Development Agreement for
Blue Marlin. including the amendments listed in the MI Application Analvsis of Section 10
of the Staff ReDort for the hearing date of Februarv 2.2006.
11. EXHIBITS
A. Legal Description
Nesmith Annexation - AZ-05-065 I MI-05-0 17
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
B. Required Findings from Unified Development Code
Exhibit A - Legal Description
Nesmith Annexation - AZ~05.065 / MI-05-017
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
11!11t': J)t:ü:mh::¡ ()I), )CO;':
()Wlh~I,,; \\' H MfWU'
F'oITcd Nü.; snQ24.j9:JOn
p,\:;t:; 1 (.[2.
[8'il
".~,.,,~~~,t¿,9~;1Lç:lnL
CO¡-,õ(JI"lil{,L¡r,ç.
JiXIIIßIT '~.A"
A pc"" o-j of I¡¡;"I ¡b:H ¡nj~¡ ,15 d~$Cl:ibj)d in \Van:.:t 'J1y [k-ç.,J hmlmm<;¡¡r No. 9904ží.)(¡4. i\â,~
("nary r~(;.:!I(b, "¡(l;nk'.! i,rI Ih,; SmltiJ(:¡jj;1 ~\ ortw; Smith<:tiH ~,~ uf s,;eelinu :;::. TÜww¡¡'¡¡:. 4 '!\"rfl).
Ran".": 1 E"s" ß,,¡st" M~rídia',: ,Ada CnllrH.v. 10"11'), bdngmon: particUlarly tl\J\XTlb¡;;¡j :i~ f;;~Jl)w$;
COmrflCU('Ü\j) nt th," f.f/¡;t!l~';!st cùmcr of >Úd $cr1Ìor¡ )2. ttl(¡1C~ ¡¡Ioug the SÖUlh ¡in"" of ,aid RetIJon
being t)¡ç ~:f:1Ht:rJî\!6 of [iU,\,1 U~lick Road. ;'>.'01'111 1\9'"44'}9" WeM ¡ 195.2.3 (eN h' IhDPO1NT OP
n}1~GINNIN(;; th~nDe c(J(¡ti"uing àJúl!g :~aïtl South line and l:"nlefl,il\l:'
North 8~Y.H'J9" W~¡,¡t 133J¡O føt't 10 !lie RaM / 16 con";r common to Mlid StlCtiOI1 32:md Section
S, Township 3 North, RAnge] WI, Boís<~ Mcridiau: ¡hene..!) ¡ca~'¡n~t s~ji(1 SoUth jac ¡J¡'d
œnterl.ine along tbe- WClit line oÎsuid rll~'1
North ()(I"30'O2" Fait 491.1H í~CI to the .\jorfhw,.~t corner of .s.:Ûd t~l¡ thence ¡cavin)!: said W(';$[
Em: "hong 1he Nç¡rfu line of ~d Ir"d
SoUlh 89;'44':39" EllS! J 33.00 feel to tbe Northeast comtir 1)1' ;,)uid tr~t; tht.nce le11viug "aid Nonh
¡int> along ¡ht~ East line 01 $Jld hact
South 00"30'02" WCS( 49] .28 f~"'1 l(\thç "OINT Of'lJEGlNNNINt'j,
Said pUled rontatns 1'15,340 squl!re or I ,,:1(1 acres l!Iúrt\ Of l(~s,
41)$ $, $liI HIIO>C!, ~:,.", ~'95 . &o.,a, 10 e:;?~<) . PhOI"'> {lÜ:¡; ::HZÚd . h1>, :~08¡ ; .<,-J,lOn . ¡r""¡"","'wwy,,,;,p;¡'jIUr,l.çi:
::'.¡,,If>l9hvtl''''9' ':.."v<"y:rq . (»n;l'.Uè'II,)nMdIW~\¡
Exhibit A - Page ¡
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
Exhibit A - Page 2
,-,-.,.-,.-..-.-...."""-",,.-...------....
ù
~"
N
fl ::J -,
.~: ::, :~
(,] >;;:.. ",
~; i, ,
'"
i'i: i'f i.
~ ~ "-' "
'" .~.
-'-~-R/#----_m
~~
-'
\.
fÌ:, >:::)fN(H'"
;;f)hrLF
1..1'>
i it,:,
I ,:~;,.
'.',"
hI->!
,: (",n
'-"'--'-:'i./.JC..--"-'--'
~m"""'.....
I
1c'
::;iI"..,
..- <'<
", '
nj""
1;>1$
1)!
."""""'-"""'",...
,.. -"....... ........._..
r
---""ii'~ ~
,>..
~
Ü
::.EC
00
°:;;
!Ü ::r
C/ J
gP-,
",,<fJ
--:R
:T..
:Þ
)
~¡~1
,~ ,.
. .",
ri'"
.. -,,--~""-"" . B/II"-"'-"""
I ,/
'/
'r
.. ;,>l' "----_...".,;',;::}~r: ~~ -. \
t.. I usnCh '" I/{"
....................,................ "/,,
.....---....".-.......,
'.........---.......,_.._m........
~J
."":1" ~'
r: _.
'" I'
(1 ..... ~ .\ ~
.{¡. ~~Ui
g¡~ ~'I'
~:~j
1
:ì
~:
~
~
~f ~
(1: ..-
w r~ ~ '
,.... .", "
ó "J "',
_. ifí /' I
~ ¿, ¡ç .
L]J ;;;; .."
:;:: ,.
!i ~
;J
;1
i)
D
¡¿
."""", j
I
I
I
,j ¡
';1'1 I
¿¡~I 1
:.,oi
\~;¡
I n:~.LI_J c"-'-"
TI
1-;
i:'.'
'.'5
:J,
.. 7I'~~-
!
""1"'.;):1<1 OF H:i..:lh>m¥~.. I
¡ !
I \
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
B. Required Findings from Unified Development Code
1. Annexation Findings:
Exhibit B - Page 1
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 for more information.
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 there are several uses that are allowed and conditionally allowed within
the requested zoning district of C-G. Staff further finds that the recorded DA for
Blue Marlin requires all future uses on this site to either obtain conditional use
permit approval or obtain approval for a planned development. If the applicant
complies with the conditions outlined in the modified development agreement,
staff finds that the proposed commercial district will be in compliance with the
specific district regulations. Staff finds that future development of this 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 Commission 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 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.
4.
5.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The C-G zoning amendment will provide commercial area that is similar in
nature to existing and proposed commercial development in the vicinity. Staff
finds that all essential services are available or will be provided by the developer
to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the findings listed above, staff finds that Annexation
and Zonin!l of this property to C-G would be in the best interest of the City. if the
applicant enters into a modified Development Agreement (DA) with the City. as
mentioned in Section 10 of the Staff Report.
1111 W.H. MOORE
COMPANY
Real Estate Development
TELEPHONE (208) 3n1919 / FAX 323.7523
EI Dorado Business Campus
1940 S. Bonito Way, Suite 160
Meridian, Idaho 83642
P.O. Box 8204
Boise, Idaho 83707-2204
'-.', ;.,....
Date:
January 18,2006
'f'
i,
.. )
. i.,\.. I...
To:
'-' '.'
""VI6'.
.~\)iJ .
.. .-.
From:
.-------u .--
-SubjecC'---~'-AiUièJ(ãfion d'-Rézòne-~I\j~s~~"" - . - --- -
'"--""'~--- -"'~..-~.'-~..-.._" ,,--,~-,--'-"-._.._..--- .--"
On January 17,2006 we posted a public notice si¡f1 for the above referenced application.
A picture of the sign was e-mailed on January 18t . This parcel is on the north side of
Ustick, approximately Y<i mile west of Eagle Road.
State of Idaho)
) SS.
County of Ada)
On this /c¡-r;! day of J ~Uð-V~, 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared Jonathan R. Seel, known or identified to
me to be the same person described in and who executed the within instrument, and he
duly acknu:::: :,~ me that he executed the same. iJ~'/' h . -
s.,~ þ.S GIPs,111'. . ~
I'~~o..~o"oo~f~~~; ~~~~Zn~~~IiC ~~:.~o~ I I r1 ~
- .-- n- --I ¡ ~ÖTARY \~:'-'- -.- Coinm'-Expires' 1--;;¡-~ ;""'°1
= : :*::.
:*. ... ::.
~ \ ,..UBL\C .: j
"" o. :r 0';:'
~ .0. 00. ~
~.. o°-§.
~ .~....ooO.-..:J:::¡ §f-
~II" ::fl' 7ëOf\t)N~,,\':
"""""""\\\\~
III~ W.H. MOORE
ICOMPANY
Real Estate Development
TELEPHONE (208) 323-1919 / FAX 323.7523
EI Dorado Business Campus
1940 S. Bonito Way, Suite 160
Meridian, Idaho 83642
P.O. Box 8204
Boise, Idaho 83707.2204
RECEIVED
FEB '" t 2006
CITY OF MERIDIAN
CITY CLERK OFFICE
Date:
January 30,2006
To:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
From: --- --- - --- -- -JOIrdthanuR;- Seel---~- ----u- - 'O-~u~-=~' --______n --~~-
--~"--- ----------~--------- --"'"-
Subject:
AZ-05-065
Annexation and Zoning of 1.50 acres from RUT to C-G
We are in agreement with the staff report for the referenced application. However, we
would ask for the following clarifications:
-"... --- -----_.--
. On page 8 of the staff report, staff recommends the 10 foot landscape buffer
requirement apply to the 58 acre parcel known as Centre Point and the 1.50 acres.
However, the specific language to be included in the Blue Marlin Development
Agreement states, "Construct at least a 10-foot wide landscape buffer, .. . along the
entire western boundary of the subject site, where the site abuts existing or
proposed residential." We would ask that "subject site" be defined as both the 58
and 1.50 acre parcels
. OwnerIDeveloper can construct parking and buildings up tö the 10 foot hiridscape
buffer.
We don't believe either clarification changes the spirit of the staff report, but simply
eliminates any confusion in the future.
Thank you for your consideration to this matter.
I)1l CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
\JÖ"Bt61r~ Environmental Health Division .."
. \" "
'-" "
-'.. .,-'
Return to:
0 Boise
0 Eagle
0 Garden City
~eridian
0 Kuna
OACZ
0 Star
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
// /' ðS--o(?5~-"l"'.
~, .' -', \ , :
"'.
"t:.:..:':;ç
.'-, -;
--::'" :-"-'.:'
".-.' ,I,; -,"
-- '/
~ We have No Objections 10 this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowledge as to theß1<Ç!ct type of use must be provided befQre 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.
0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability,
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
0 central sewage 0 community sewage system 0 community water well
0 interim sewage 0 central water
0 individual sewage 0 individual water
0 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
0 central sewage 0 community sewage system 0 community water
0 sewage dry lines 0 central water
0 10. Run-off is not to create a mosquito breeding problem,
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
0 12. 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
0 child care center
0 14. Please see attached stormwater management recommendations
015.
Date: )2/ ?cJ/ Gj-
Reviewed By: Ä-, #--~--
15726.001 EHO904
Review Sheet
,h ,if~:?
.,,""'~,~~~ ",
, ,~_::'~I¡:~,;\; ~
eM e;;di ;n~.l~ .
IDAHO
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 recommendtions to the City of Meridian
Attn: Planning Department, by: January 26, 2006
Transmittal Date: December 22, 2005 File No.: AZ 05-065
Hearing Date: February 2, 2006
Request: Annexation and Zoning of 1.50 acres from RUT to C-G zone
for Nesmith Annexation
;>.
't,
C}"
"?'/CA ~..,
,rl¡,TeEASlJKE.V I'Ll..
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Charles M. ROlmtree
Shaun Wardle
Christine Donnell
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
By: Jonathan Seel
Location of Property or Project:
2820 East Ustick Road
Parks & Recreation
11 W. Bower Street
888-3579 / fax 888-6854
No-C~
Ji
- David Zaremba (no FP)
- David Moe (no FP)
- Wendy Newton-Huckabay (No FP)
- Michael Rohm (No FP)
- Keith Borup (No FP)
- Tammy de Weerd, Mayor
- Char1ie Rountree, CIC
Christine Donnell, C/C
=Keith Bird, C/C
Shaun Wardle, G/C
Water Department
"2 Sewer Department
- Sanitary SelVices(No VAR, VAC, Fp)
- Building Department
- Fire Department
- Police Department
City Attorney
= City Engineer
- City Planner
- Parks Department
Planning & Zoning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6854
Police
1401 E. Watertower Lane
888-6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 895-9551
Building
660 E- Watertower Lane
Suite 150
887-2211 / fax 887-1297
Your Concise Remarks:
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- 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 Inigo District
Idaho Power CO. (FP,PP,CUP)
== Qwest (FP/PP only)
_Intermountain Gas (FPIPP only)
- Bureau of Reclamation (FP/PP only)
- Idaho Transportation Dept. (No FP)
- Ada County Ass. Land Records
- Meridian Development Corp.
Historical PreselVation Comm.
- Water
2235 N. W 8th Street
888-5242 / fax 884-1159
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY ATTORNEY /HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
FROM :WH MOORE CO
FAX NO. :208-323-7523
Jan. 30 2006 03:17PM P1/1
1111 W.H. MOORE
COMPANY
Real Estate Development
~I DOf1lon 811~in6al Campul
1940 S, 80ni10 Woy, SlIilC 160
Marid¡nl1, Idilll0 ¡r'¡¡¡Ol
y 4 2- CD/VLVVL - ¡'U_-f¿í;
c)
0'2'- 0'2-0(:,
,J-kJíVL /LD. ;s-
--_no .---'-- ,-..- ",.'--" 'TELËPHONE (208) 323'1010i FAX 323-7523
p-o 80~ 8204
Rnl~~, I~.hn ß3707.2204
Date:
January 30, 2006
RECEIVED
JAN 3 1 2006
ÇtTY OF MERIDIAN
C\TY CLERK OFFICE
To:
City Clerk
City of Meridian
33 E. Idaho Avo.
Meridian, JD 83642
From:
Jonathan R. Seel
C/t'uS Fl1A-'-Ht :11 L
Subject:
AZ-O5-065
Annexation and Zoning of 1.50 acres from RUT to C-G
We arc in a,grccment with the staff report for the referenced application. However, we
would ask for the following clarifications:
. On page 8 of the staff report, staff recommends the 10 foot landscape buffer
requirement apply to the S8 acre parcel known as Centrc Point and the I. 50 ac-rcs.
However, the specific language to be included in the Blue Marlin Development
Agreement states, "Construct at Icast a lO-foot wide landscape huffer, .. .along the
entire western boundary of the subject site, where the site abuts existing or
proposed residential." We would ask that "subject site" be defined as both the 58
and 1.50 acre parcels
. Owner/Developer can construct parking and buildings up to the 10 foot landscape
buffer.
We don't believe either clarification changes the spirit of the staffreport, but simply
eliminates any confusion in the future.
Thank you for your consideration to this matter.
JAN 30 '06 15:26
208 323 7523
PAGE.01
** TX CONFIRMRTION REPORT **
RS OF
JAN 31 '06 11:25
PAGE. 01
CITY OF MERIDIRN
03
04
05
DRTE TIME TO/FROM
01/31 11:23 PUBLIC WORKS
01/31 11:248848723
01/31 11:25 P-RND-Z
MODE MIN/SEC PGS
EC--S 00'23" 001
EC--S 00'22" 001
EC--S 00'24" 001
CMDt! STRTUS
071 OK
071 OK
071 OK
---------------------------------------------~---------------------------------------------~
",....,....".~....",-~....
1111 W.H. MOORE
COMP^NY
Real Est¡¡¡te OevelopmeF1t
tIÞO,..oell,ill",t,mpuo
IØ~S, a.II~' wey; So." lill
1"1811010'1, I~,,"u 1/JIi,!
f.O ",elM
Rol", Mob, R370)./200
'V ~ 2- COIY\,i'Vl . nl"+tg
01- 0'2 -'0 Cp
J-k,¡¡n ¡LD. /)
......."-,-, --":¡iiË¡'~oNEI2oelm.'D'DIFAx32Hm
Date:
January 30.2006
RECEIVED
JAN 3 1 2006
ÇlTY OF MERIDIAN
CITY CLERK OFfICE
To;
City Clerk
City of Meridian
33 B.ldl:Ù1o Ave.
Meridian, 1D 83642
from:
Jonathan R Sect
qll S J'V",,'-I-lt f1 2-
Subject:
AZ-O5-065
Annexation and Zoning of 1.50 acres from RUT to CoG
We arc in agreement with the staff report fot the Tefere1'lced application. However, we
would ask fOT the following clarifications:
. On l)age 8 ofrhc staffrep°r1. staffrecommend.9 the 10 foot landscape buffer
requirement apply to rhe 58 acre parcel known as Centre Point and tl,e I,SO .acres.
However, the specific lang\lage to be inc1\1ded in the Blue Marlin Development
Agreement states, "Col1Struet at lcas1. a 1O-IoOI wide landscape huffer, .. .along the
entire western boundary of the subject site, where the site abuts existing OT
proposed residential." We would ask that "subject sire" be defined as both the 58
and 1.50 acre parcel:;
. Owner/Developer can conslrUet parking and buiJdings up lO the 10 font landscape
buffer.
We don't believe either cla1"ificati<m changes the:: spirit of the stOlifreport. but simply
eliminates any confusion in the fUturc,
Thank you for your consideraùon to this matter.
JRN 30 '06 15:26
2083237523
PAGE.Ð1
.. -..