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Home My WebLink AboutREV Recommendations CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 STAFF REPORT TO: FROM: Hearing Date: May 9, 2006 Mayor & City Council Planning Commission & Staff: Joe Guenther & Caleb Hood Meridian Planning Department 208-884-5533 cM'e;; d¡tJ!{" ~ , . 11J.\;tIC' J~ ~, /; . 't:..-, ,,> >:;fk,.;, - - J,J,'-" ---) --~!,~,~~~-y:<-,.- "!"I SUBJECT: Ada County Highway District Annexation REVISED AZ-05-060 MAY 0'5 2006 Annexation and Zoning of 4.92 acres from RUT (Ada County) to C-G (General Commercial). City Of Meridian City Clerk Office RECEIVED 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to C- G (General Commercial) for 4.92 acres of property currently zoned RUT in Ada County. The site is located on the south side of Ustick Road, approximately 1/3 mile east of Eagle Road. This site is currently rural residential with one single-family residential building and accessory buildings. The applicant is proposing to construct a collector roadway with the remainder of the property to be sold fOf future commercial uses. The site will provide a public connection for future commercial cross access in the SE comer of Eagle and Ustick Roads. 2. SUMMARY RECOMMENDATION This item was previously on the March 14th.; March 21st and May 2nd City Council ae:endas. This item has been continued to the May gt hearine: so the applicant could meet with the nei!!hbors alone: Duane Drive and meet with City Staff ree:ardine: services within the proposed collector roadway. ACHD's Gary Inselman has told staffthat on April 17th he met with 3 out of the 4 home owners. and the director of the adjacent funeral home (these are the neie:hbors that are directly affected by the proposed roadway location.) Mr. Inselman has indicated to staff that those in attendance at that meetinl! are a!!reeable to the ACHD constructine: the roadway provided dual fences are installed between their property and the roadway. One ofthe fences would be a solid fence that would screen the properties from the road. and the second fence would be primarily constructed to contain livestock. On May 2nd City Staff met with Mr. ¡nselman to discuss the timiD!! and construction responsibilities for the sewer and water lines within the proposed Alleys Way collector street. Staff has updated the staff report below to reflect that ACHD will not be responsible for the costs of installine: sewer and water within Alleys Wav. However. ACHD should coordinate the construction of the roadway with the Public Works Department so that Water and/or Sanitary Sewer Mains can be put in Alleys Way ahead of its construction. Staff has not added a fencine: provision/condition for the eastern boundary within Section 10 of the Staff Report. The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay, Engineering Solutions (applicant), Gary Insleman, ACHD staff ii. In opposition: None. Hi. Commenting: Fitzroy A. Belcher, 2920 Duane Drive - Concerned with eliminating landscaping on the eastern property boundary. ADA COUNTY HIGHWAY DISTRICT ANNEXA nON ~ AZ-05-060 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 iv. Staff presenting application: Joe Guenther, Associate v. Other staff commenting on application: Ted Baird, Attorney, Caleb Hood, Planning Manager b. Key Issues of Discussion by Commission: i. -20-foot landscape buffer on the eastern property boundary; ii. -Road alignment with Alleys Way north of Us tick; iii. -Cross access requirement to other properties south and east. c. Key Commission Changes to Staff Recommendation: i. -Remove -Page 7 "within 18 months" from the development agreement requirements - ii. -Add- Page 3 Item I There will be no direct lot access to Ustick Road, except for the future road- iii. -Add - to development agreement, the comment: that a landscape buffer will not be required along the east side of the future collector roadway d. Outstanding Issue(s) for City Council: i. Landscaping/fencing requirements east of the collector roadway. 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 recommendimr approval of the proposed Ada County Highwav District Annexation. submitted as AZ-05-060 with the development agreement and concerns as detailed in this report. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to appfove File Number AZ- 05-060 as presented in Staff Report fOf the hearing date of March 14, 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- 05-060 as presented in the Staff Report for the hearing date of March 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-O5-060 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: 3595 E. Ustick / 3NIE4 b. Owner/Applicant Ada County Highway District, LLC 3775 Adams Street Garden City, Idaho 83714 ADA COUNTY HIGHWAY DISTRICT ANNEXA nON ~ AZ-05-060 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 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 currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main arterial which has recently been upgraded as a major arterial with access to a state highway which is appropriate for commerciaVoffice uses. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 6 and February 20,2006 c. Radius notices mailed to properties within 300 feet on: February 17,2006 d. Applicant posted notice on site by: March 1, 2006 6. LAND USE a. Existing Land Use(s): There is an existing home and othef outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west are either zoned commercial or proposed commefcia1 zones. To the north is the approved Lowe's building. PerkinswBrown Subdivision, an Ada County single-family development lies east of the subject site and the pfoposed ACHD collector road right of way. This area is rapidly transitioning from rural to urban/commercial. c. Adjacent Land Use and Zoning: 1. North: 2. East: Commercial, zoned C-G, Lowes Rural residential, zoned RUT (Ada County) 3. South: 4. West: Redfeather Subdivision, zoned C-G Single-family/Commercial, zoned RUT proposed C-G d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Wofks: 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. CanalslDitches Irrigation: All irrigation ditches, laterals and canals should be tiled ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 when this property develops. 5. Hazafds: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C-G (General Commercial) 7. Size of Property: 4.92 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include specific concepts within a Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: 1. Width of street buffef(s): Pef City Code, a 35-foot wide landscape street buffer is required adjacent to Ustick Road, an arterial roadway (UDC 11-2A-4). 2. Width ofbuffer(s) between land uses: N/A all properties afe proposed as C-G h. Required Commercial Standards: Setbacks C-G Proposed Required Landscape (Commercial) Arterial Road (Ustick) NA Collector Street (Future) NA Use buffer (residentia1/commercia1)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 this time. There will be a future collectof roadway at this site which will eventually connect Ustick Road and Fairview Road. The applicant is proposing to take the required right of way, divide the property and sell the remainder as C-G zoned property for development. There will be no direct lot access to Ustick Road except for the future road and a system of cross access points or internal streets will be established by ACHD. 7. COMMENTS MEETING On Decembef 30, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Mefidian Public Wofks Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments afe included with this fepOrt as all uses will fequire at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in higWy visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non- residential uses and is intended to allow a broad fange of uses. Staff recommends that the Commission and Council rely on any verbal Of written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. ADA COUNTY HIGHWAY DISTRICT ANNEXA nON - AZ-05-060 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's qffìce. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a commercial zone adjacent to proposed or established commercial districts. Staff finds that impacts to the existing residential properties to the east can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACHD collector road. "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of a future collector road and an arterial roadway. A 35-100t wide street buffer will be required along Ustick Road and a 20- . ADA COUNTY HIGHWAY DISTRICT ANNEXA TION ~ AZ-OS-060 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006 foot wide street buffer will be installed as a part of the western side of the collector roadway to be designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads and future vehicular impact on existing residential uses. There are several major commercial developments with associated mixed use residential developments occurring in the area to which the proposal will provide service. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) The curb cuts and access points will be designed to be consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed development proposal andfull review by ACHD. . Require street connections between subdivisions at regu1af 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 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 agfeements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) . . Staff finds that the proposed C-G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Compfehensive Plan. Four Districts are designated which differ in the size and scale of commercial structufes accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G Genefa1 Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customafily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. AIl such ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on November 3, 2005 by Gregory G. Carter, PLS) shows the property as contiguous to the existing corpofate boundary of the City of Mefidian. Special Considefations: Development Agreement: UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negative1v impact nearbv 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 Attomev. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any pefsons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odofs. That all future development of the subj ect property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. That the applicant will be responsible fof all eosts assoøiatød '.vith coordinatinl! the sewer and water sørfÏeø !!!!!!! extension with the Public Works Department. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, pef 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 any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. That a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. That when a preliminary plat is submitted to the City, the entire 4.92 . . . . . . ADA COUNTY HIGHWAY DISTRICT ANNEXATION ~ AZ-05-060 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 . acres that are the subject property for AZ-05-060 will be included within the boundaries of said plat (no out-parcels). That when a preliminary plat is submitted to the City, no direct lot access to Ustick Road will be allowed. At such time as individual uses are proposed, direct access to Ustick Road shall be prohibited. This is not intended to prohibit a public street connection to Ustick Road. That in the case of any division of the property cross access to parcels south and west of the site be granted at intervals to be determined by ACHD. That a landscape buffef will not be required along the east side of the future collector roadway. . . b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with a C-G zoning designation with the aforementioned Annexation & Zoning provisions included in a Development Agreement. 11. EXHIBITS A. Legal Description B. Required Findings from Zoning Ofdinance ADA COUNTY HIGHWAY DISTRICT ANNEXATION ~ AZ-05-060 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 A. Legal Description ... IDAHO SURVEY GROUP J~5() tl"Wo","o"or s< 5u,," ISO M.rid.." , Id;¡òo 8J6n Project No- 05-341 Ph..ne «08) ~6"8570 F.." (209) 1I~-5J'9 November 4,2005 Proposed C-G Zone Ada County Highway District Annexation A parcel of land located in the East half of the Easl half of Lot 4 in Seclion 4. Township 3 North, Range 1 Easl, 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 feelto a point; Thence South ooOO'OS" West 1,290.34 feet 10 a point; Thence North 89°32'42" East 166.19 feel 10 a poinl; 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, PLS- S USG PI<IU15\ACHV-U..<:i< ~~ ((¡S.J,41 N.lO(UmeM..Ia08xrdut_OOC- ¿>,'d 6S£s...a8 (BO¿I fJSI e,!¿,O¡ so "0 "OW CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 I HE CORNER GOVT. lOT... . 32~ R£AL PONT OF B£GINtaIa . - . - -" . L - R...1E. E. USJDC RI'MO WERIDIAN . . 5," T-:!N.,:!It' .---- --'-'-'---.-. - ---"'~"AôA.CõûÑiÝ 19, I I I I I """"'1- i i J z i r . """"'4 """~ . t r r r ~ . r . I , . r ~ .... ----, I 2 i 5 i S I~ 8 i "'" ;',1 i:~' :-j (:J i~' '^'L- :.~ :J Þ ;': F ~"I I :r~ J"-S\'\~;:t If ;~ U>i"~ 'l~ ," ;-, r ,: f" , F ~I--- í,; ;" ( ÞÐA OOUNJY ~ ~~- f SCAli 1""200' " ~; 1012 ,11[[::-; ¡-).\11Cf~i_- ENSINEERING SOLUTIONS,¡p -WI'I1\1r 10127/0~j b~b PROPOSED MFRIDIAN ANNEX¡\TION ""'-"0. ""M_'_..u.., ';;H£J.T 1 OF 1 LOCATED IN THE NW 1/4 SECTION 4. T.3N_, R. 1 E-. 8.M- MERIDIAN ADA COUmY IDAHO 150 E- AJKENS STREtT" SUITE 8 EAGLE. IDAHO 83616 1'1-. (208) 838-0980 r.. (208) 9:J8-0041 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 B. Requifed Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; B-1 2. The applicant is proposing to zone all ofthe subject property to CwG. The Council 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. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, The Council finds that the pfoposed 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 A2feement (DA) with the City. The Council finds that the annexation and zonillZ of this Pfopertv to C-G would be in the best interest of the Citv.