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HomeMy WebLinkAboutNesmith MI RECEIVED MAR 0 2 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~- - eridian . 1 it Office C~C/;;di ~1Ì - ',; \ i II""" "-\(""1 .i . ~.",-, "" -y .~ ; ~"\("' !"" ~~" ,."- <"i< " j.J,' ~ -"- ~.I', ,~~,..!,!'--~'"' "ml In the Matter of Annexation and Zoning of 1.50 acres from RUT (Ada County) to C-G (General Commercial) AND 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 Seele. Case No(s).: AZ-05-065 and MI-05-017 For the City Council Hearing Date of: March 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (I.C. §67-6S03). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-SA. " CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-065 / MI-O5-017 - PAGE 1 on 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. " 7. That this approval is subject to the Legal Description, and the amended Development Agreement provisions all in the attached Staff Report for the hearing date of March 7, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § ll-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The following modifications to Development Agreement provisions were made at the City Council hearing: a. None. 2. The provisions/conditions of approval are as shown in the attached Staff Report for the hearing date of March 7, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of March 7,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-065 / MI-O5-017 - PAGE 2 of 3 By action of the City Council at its regular meeting held on the ,2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG JR., CITY CLERK Copy served upon: Applicant The Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-065 / MI-O5-017 - PAGE 300 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 STAFF REPORT TO: FROM: Hearing Date: 3/7/06 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 olfc ;-;,,!In "..; \ '. - IlJ,\H() )~ \~ ' "~t;f' I" '::-':.:1:-> r" ',t/~.'I"", 'f... ......'... 1o'.-4~!')/ ,- -, ' ,." i;n 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. 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 ofthe Development Agreement, by Jonathan Seel. 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-05-0l7). 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-05-0l7) 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 Meridian Planning and Zoning Commission heard the item on February 2, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jonathan See1e (Applicant) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i, Setbacks and land use buffers between the subject property and the property to the west. c. Key Commission Changes to Staff Recommendation: i. Required the applicant to submit an Alternative Compliance application to reduce the landscape buffer to the west. d. Outstanding Issue(s) for City Council: i. The UDC requires a 25-foot wide landscape buffer between C-G zoned property and residential uses/zones. Since the Planning & Zoning Commission hearing, Nesmith Annexation - AZ-05-065 / MI-05-017 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 the applicant has submitted an application for Alternative Compliance to reduce the landscape buffer width along the west property line of both the Blue Marlin and Nesmith properties to 10-feet. Staff is recommending approval of the applicant's request (see bold and underline additions in Section 10, below). 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 [mal decision making body (with a recommendation ffom staff). However, because the City Council is the final decision making body on the Armexation and Miscellaneous applications, and because the two applications are inter-related, the subject applications are being combined into one staff report. ArIy comments related to the Annexation application (AZ-O5-065) will be include in the Commission's recommendation to the Council. The Planning & Zoning Commission is recommending approval of the Nesmith Armexation (AZ-O5-065) and Miscellaneous Application (MI-O5-017), with an amendment to the recorded Development Agreement for Blue Marlin. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05~065 and MI-05.017 as presented in Staff Report for the hearing date of March 7,2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 05-065 and MI-05-017 as presented in the Staff Report for the hearing date of March 7, 2006 for the following reasons: (You should state specific reasons for denial of the annexation.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-05-065 and MI-05-0l7 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2820 E. Ustick / 4N1E32 b. Owner: 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 U se ~ 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 (M!) to amend the recorded Development Agreement (DA) for Blue Marlin by including the subject 1.50 acres. Nesmith Annexation - AZ-05-065 ! MI-O5-017 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 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 detennined by City Ordinance. By reason ofthe 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 11 of the Meridian City Code. It has been detennined 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 (for Planning & Zoning Commission hearing) and February 13 and 27, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: January 6, 2006 (for Planning & Zoning Commission hearing) and February 10, 2006. e. Applicant posted notice on site by: January 23, 2006 (for Planning & Zoning Commission hearing) and February 24, 2006 (for City Council hearing). 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 ofthis 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: 1. North: Future commercial, zoned C-G, Blue Marlin 2. East: 3. South: 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 4. West: d. History of Previous Actions: NA e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Ustick Road. Nesmith Annexation - AZ-O5-065 / MI-05-0 17 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Location of water: Water is available in Ustick Road None. Issues or concerns: 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. CanalslDitches 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: C-G (General Commercial) 7. Size of Property: 1.50 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include the subject property as part of the 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 uses/zones. As part ofthe Miscellaneous Application, the applicant is requesting to provide only a 5-foot wide landscape buffer. Subsequent to the Plannin£ & Zonin£ Commission hearin£. the applicant submitted an Alternative Compliance application. The applicant's application requests that the existin£ DA for Blue Marlin be amended to require onlv a to-foot wide landscape buffer adjacent to the Champion Park Development. The applicant is also reQuestin£ that future buildin£s and parkin£ alon£ the west propertY line be allowed to be constructed UP to the landscape buffer (to-feet to the property line). Staff is supportive of the applicant's Alternative Compliance request. (please see Analysis below regarding the applicant's request). h. Required Commercial Standards: Setbacks C-G Proposed Required Landscape (LocaVCommercial) 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 Nesmith Annexation - AZ-05-065 / MI-05-017 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 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 defmed 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 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sher(ff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department; the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) Nesmith Annexation - AZ-05-065 / Mf-05-0!7 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 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 buffers, fencing, and design. NOTE: On January 26, 2006, the applicant provided staff with a letter stating that they believe they should only be required to provide a 5--foot wide landscape strip along the west boundary of the Blue Marlin/CentrePoint development. The a /icant has since amended this re uest and is now seekin... a 10- Dot wide landsca e buffer and bui/dine/oarkine setback to the west orooertv line. 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 selì'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. Staff 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 system in Blue Marlin is constrncted, 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) . Nesmith Annexation - AZ-05-065 / MJ-05-01 7 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Staff finds that the proposed C-G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. Staf/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-2lists 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 of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. 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. 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 - "Whereas, "Owner" has submitted an applicatio~ for annexation and zoning (AZ-O3-025 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" Nesmith Annexation - AZ-05-065 1M [-05-0 17 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 . Page 2, Item 1.7 - "Whereas, City Council the 23rd day of March, 2004, and the 7th day of 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 - "'Property": 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 along Ustick Road as well as the 58 acres originally subjected to this agreement, 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 - "'Owner/Developer" shall not develop all or any part of the "Property" 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 this AZ-02- 025 and AZ-05-065 applicatio~:....." Page 4, Item 5B- The applicant is requesting to further amend the DA by asking that the City only require ~ 10 feet of landscaping adjacent to the proposed residential uses to the west, in Champion Park and Champion Park Addition. The UDC currently requires a 25-foot wide landscape buffer, between commercially zoned property and residential uses (UDC Table 11-2B-3). The applicant has submitted an Alternative Compliance application that requests a 10-foot wide buffer. with buildin!! and parkin!! bein!! able to be constructed up to the 10-foot wide buffer. In exchane:e for the reduced buffer width. the applicant is proDOsin!! to include a condition within the DA that would restrict trash compactors and loadine: docks alone: the west side of the future buildine:s. Further. the applicant is proPOsine: to require that all trash enclosures on the western lots be constructed of concrete or masonrv materials. 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 Letters dated January 26, 2006 and Februarv 15. 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 lO-foot wide landscape buffer, constructed in accordance with 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 Nesmith Annexation - AZ-05-065 / MI-05-017 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Use Map as "Medium 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 letters); 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 MarlinlCentrePointe and should also be provided with a 10-foot wide landscape buffer. UDC 11-5B-5B allows the Citv to provide alternative means in which to meet the intended purpose of certain development reIDIlations when explicit compliance is not feasible or the alternative means is superior to what is required. The intent of alternative compliance is to encourae:e creative solutions to land use problems. Staff ("rods that due to space limitations on the site. and the proposed chane:e of use on the adjacent Champion Park Addition. the applicant's alternative compliance request should be !!ranted. For the reasons listed above. staff recommends that Palle 4. Item 5B be amended to include the followinll restrictions/requirements for the subject 1.50 acre Nesmith parcel and the 58 acres commonlv known as Blue Marlin and marketed as CentrePointe: 2. As an alternative to the standard 2S-foot wide land use buffer. construct at least a 10~foot wide landscape buffer. in accordance with UDC 11-3B-9C, alone: the entire western boundarv of the subject site. which includes the 58 acres approved as Blue Marlin and the 1.5 acres approved as Nesmith, where the site abuts existine: or proposed residential uses in Champion Park and Champion Park Addition. In exchane:e for the reduced buffer width 00 feet), trash compactors and loadine: docks alone: the west side of the future bulldine:s are prohibited. Further. all trash enclosures on the western lots shall be constructed of concrete or masonrv materials. The applicant/owner can construct parkin!! and buildine:s UP to the landscape buffer. 3. Landscape buffers alone: Ustick Road and Eae:le Road shall be constructed alone: the perimeter of the development. which includes the 58 acres approved as Blue Marlin and the 1.5 acres approved as Nesmith. in accordance with the Unified Development Code. Nesmith Annexation - AZ-05-065 I MI-05-0 17 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Prior to the annexation ordinance approval, a modification to the recorded Development Agreement (Instrument No.1 05048793) 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 Dfocess. b. Staff Recommendation: Staff and the Commission recommend apProval of the subject applications AZ-05-065 and MCU-05-017. with the conditions listed in the recorded Development Agreement for Blue Marlin. inc1udin!! the amendments listed in the MI Application Analvsis of Section 10 of the Staff Report for the hearin!! date of March 7.2006. 11. EXHffiITS A. Legal Description B. Required Findings from Unified Development Code Nesmith Annexation - AZ-05-065 / MI-05-017 PAGE IO CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Exhibit A ~ Legal Description Date: Dect:lI ber 09, 2005 Ow.en: W" H, Moore- Part'~ No.: 80532449300 Page: I of2 11=,buQ9fa~! ConsultIng, Inc. F,xHrørr "A'" A pan:cl of ¡BUd being that Inlet as descn"bed in Wammty Deed Instrument No. 99046304, Ada rowty recordJ¡. situated in rJw SQUthcast Y. of the Sootheasl Yo of Sedion 32, T ownsbip 4 North, Range I Ea.st. Boi!le Meridian. Ada County, IdAho, being more paniCUI8t'I) dcscrib!:d a.~ follows: Commencing at the Southcatat corner of said Section 32, thc:oce aJong the South lint of said Seelion being the centerline ofEut Ustíck Road, North 89"44'39" West 1195.23 foet (0 1.hc POINT OF BEGINNING; tbenœ CQntinuin¡ along .said South line and cenledinc North 89"44'39" West 133.00 feet to the Bast 1/16 comcl" common 10 said Set.'i.ion 32 and Soclion 5, Towoalrip 3 North, Range I But, Boise Meridian: thence lea.ving said South line and cant«Jiœ along the West line of said tract North 00"30'02" Bast 491.28 feet 10 tbc Northwcm comer of said Uacl; thence luving said West line along the North line of IlØ.Îd tmet South 89"'44'39'. East 133.00 fbet UJ tho Nor1heast comer of said b'Et; thence le8ViI1g !iBid North ÜDð along the But tine of 5aid InI;t South 00"30'02" West 491.28 fOOl to the POINT OF BEGlNNNING. Said pan:cl contain& 65.340 sqllan: Of" 1.50 &aIlS more 01" less. .os s, 81t. Stroot 51". 295 . 8( j>e, 10 837~J . Ph,;me (2061 3-42,00\1 . fa>; [208) ~1-{)(J92 . Inlurl1i1L www..qU:Jd¡ufll.cc CM Ftigi"""";fIQ . ~llfvElVIn( . CCn>1JU;IIOI1 Management Exhibit A - Page I ....,+ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006 '--'-""""-.._--- Exhibit A - Page 2 "-"-'~--"_."'-- r- ii;&;¡ I I ~ ¡ ~ .. ~. M ':: a J:j"" ¡ lI:g '. ~ i ~ '- .~ '" -, ... ~ .32 ~/l- 'i "\..¡:ORNER ~N u, ""0 ¡¡j... ~'" f¡¡~ 00. --,.., ..-- '---.. ,-..-.... iÚ:,i f ; ~ 'f ~,.._.a ~ J.- 1=: g' : iI r-'. I ~ 2 3 ..,/ g,I"io + N <> - .....~ g~ z >- ~ :;:0 00 01') QI w"'- a:"" ON 0'" ::;~ .VI :r 3i .... z '" Q., - m ~ ~ ' ¡.- tí " ~~~ = j ~, ~II~ b~ ~ ~ § tJ ; L-....-,..-..-, :,f! a (Y., c,,( I /"---, G / '-.. ~I I I /,-,. L.J , .1::1=.~::- "\, ""~",~ '. t E_¡\CORNER- '4B9"""4',}9~ . '14, " EI\~ I USTICK 1(0./10/ , - POINI OF B£:GINNING ! --~/W--- r"~'- ~/w----- ~iW -- . ------------ ~.._- I - __I__! m__....- 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: 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; Exhibit B - Page 1 2. The applicant is proposing to zone all of the subject property to C-G. City Council [lids 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. The Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning district ofC-G. Council further finds that the recorded DA for Blue Marlin requires all future uses on this site to either obtain conditional use pennit approval or obtain approval for a planned development. If the applicant complies with the conditions outlined in the modified development agreement, Council finds that the proposed commercial district will be in compliance with the specific district regulations. Council finds that future development of this property should comply with the established regulations and pUIpose statement of the C-G zone. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council relies on any oral or written testimony that may be provided when detennining 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, Council 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. 3. 4. 5. The annexation is in the best of interest ofthe 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. Council [lids 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, Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the Citv. if the applicant enters into a modified Development Agreement (DA) with the City. as mentioned in Section 10 of the Staff Report.