HomeMy WebLinkAboutS. Eagle Victory Rd AZ
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY 11,2006
SUBJECT:
s. Eagle and Victory Road Property
Owner's Alliance Annexation City Of Meridian
AZ-06-00R City Clerk OfficE
Annexation and Zoning of 23 .39 acres from RUT (Ada County) to C-C
(Community Business District), by the South Eagle Road and Victory Road
Property Owner's AUiance*
,~~~
cM;;~":" .t~~\
'~<,~ ~~D
'",l,,!.'l"Oio 'f. - -... "~, 20
"n !,,'i:'.~ ---- lDt 06
STAFF REPORT
TO:
FROM:
Hearing Date: 7/11/06
Mayor & City Council
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
* The applicant, the South Eagle Road and Victory Road Property Owner's Alliance, submitted
an application for Annexation and Zoning (AZ) to C-C (Community Business District) for 23.39
acres of property currently zoned RUT in Ada County. NOTE: Between the time of submittal of
the annexation application and this hearing, the applicant has provided staff with legal
descriptions for three zones. The applicant is proposinll to zone 19.41 acres of the site to C-C,
1.43 acres of the site to L-O, and 2.55 acres of the site to R-4. New notices were sent out to
adiaccnt oropcrtv owners, reflecting the proposed change in zoning.
The Alliance is comprised of five different property owners (who own ten individual tax parcels)
on the cast side of S. Eaglc Road, generally grouped north and south of the intersection of S.
Eagle and Victory Road. This site is currently rural residential with several single-family homes
and accessory buildings. The applicant is not proposing any land use, development or
subdivision at this time. Instead, the applicant is proposing to annex the property with
Development Agreement provisions that would guide future development of this property. The
applicant has submitted a Concept Map for the subject property. The subject property is within
the Urban Service Planning Area.
In 2005, the South Eagle Road and Victory Road Property Owner's Alliance (represented by
Wayne S. Forrey), applied for an amendment to the Future Land Use Map of the Comprehensive
Plan (CPA-OS-OOI). The Alliance proposed to amend the Map designation from Low and
Medium Density Residential to Mixed Use-Regional for approximately 50 acres of land. The
CPA application proposed to amend an additional 30 acres ofland north of the Alliance's land
holdings, including two other county parcels and several parcels in the city limits that lie within
Sutherland Farms and Southstone Subdivisions. Staff recommended denial of CPA-OS-Oll.
However. at the October 17, 2005, Planning & Zoning Commission public hearing for the CPA,
the Commission voted to recommend approval of the subject CPA with the following provisions:
1) That the new Map designation be Mixed Use - Community, not Mixed Use - Regional; 2)
Recording a Development Agreement which binds the applicant to the commitments listed in the
document called "Guiding Principles for Positive Neighborhood Development"; 3) Wait on fmal
action on the CPA until an annexation application has been submitted; and. 4) Hold a
neighborhood meeting.
As requested by the Commission, the Alliance has submitted an annexation application (although
not required by the Commission, the Alliance has not submitted a preliminary plat, conditional
use pennit, or any other concurrent development application). The subject annexation application
includes just over 23 of the 50 acres that were a part of the CPA application (only those properties
which the members own). Prior to submitting the annexation application, the Alliance held a
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-Ofi.OOR
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF JULY 11,2006
neighborhood meeting with property owners in the surrounding area. The applicant has re-
submitted the "Guiding Principles for Positive Neighborhood Development" for inclusion within
a Development Agreement.
2. SUMMARY RECOMMENDATION
The subject Annexation and Zoning application was submitted to the Planning Department for
review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the
Council on Annexation and Zoning applications. Any comments related to the Annexation
application (AZ-06-008) will be included in the Commission's recommendation to the Council.
Staff is recommending alJoroval of the South Eal!le and Victory Road Propertv Owner's Alliance
Annexation (AZ-06-008t with a Development Allfeement for this proiect. On Mav 18. 2006 the
Planning: & Zoning: Commission voted to recommend approval of this proiect.
a. Summary of Public Hearing:
i. In favor: Marty Thomason, Dennis McKibben. John Sharp, Bob Carpenter
11. In opposition: Mark Olsen, Darrell Hines, Scott Romello, Tonya Merical, Brent
Emesto
iii. Commenting: None
lV. Staff presenting application: Anna Canning (at 4-20-06 hearing), Caleb Hood (at
5 -18 -06 hearing)
v. Other staff commenting on application: Mike Cole, Ted Baird
b. Key Issues of Discussion by Commission:
i. Access points to Eagle Road;
ii. Proposed zoning designations; and,
iii. Concept plan.
c. Key Commission Changes to Staff Recommendation:
i. The Commission recommended approval ofthe subject annexation application,
with a note that the submitted site plan should not be approved because too many
access points to Eagle Road are proposed.
d. Outstanding Issue(s) for City Council:
i. Please see CPA-OS-OOl.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
06-008 as presented in the staff report for the hearing date of July 11, 2006, with the following
modificationR to the propoRed development agreement: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move deny File Number AZ-06-008
as presented during the hearing of July ll, 2006, for the following reasons: (you should state
specific reasons for denial of the annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
06-008 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: 3210 S. Eagle Road, 3020 S Eagle Road, 2990 S. Eagle Road, 2960 S.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 2
CITY OF MERlUlAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARlNG DATE OF JULY 11,2006
Eagle Road, and 3250 E. Victory Road. The parcels north of Victory Road lie within
Township 3N, Range IE, Section 2l. The parcel south of Victory Road lies within Township
3N, Range IE, Section 2lL All properties are on the east side of S. Eagle Road.
b. Property Owners of Record (Alliance members):
Marty and Leeta Thomason (2910 & 2960 S. Eagle Rd.)
Daniel and Dolly Baughman (2990 S. Eagle Rd.)
John and Nita Sharp (3020 S. Eagle Rd.)
Robert and Nedra Carpenter (3060 S. Eagle Rd. & 3250 E. Victory Rd.)
Mark Hartenstein representing Charles Axelrod (3210 S. Eagle Rd.)
c. Applicant:
South Eagle Road and Victory Road Property Owner's Alliance
3100 S. Eagle Rd.
Meridian, Idaho 83642
d. Representative:
e. Present Zoning:
Marty Thomason
RUT/Ada County (all Alliance member parcels)
f. Present Comprehensive Plan Designation: Medium and Low Density Residential (proposed
for Mixed Use - Community with CPA-OS-OOl)
g. Description of Applicant's Request:
23.39 acres from RUT to C-C.
The applicant is requesting annexation approval of
h. Applicant's Statement/Justification (see Applicant's application and letter): Wayne Forrey,
representing the Alliance, states in the application cover memo that the Alliance property
owners have applied for, and been approved pending submission ofthis annexation
application, an amendment to the Future Land Use Map of the Comprehensive Plan. There are
currently no developers involved with the property owners and no projects have been proposed
to the Alliance members. This annexation request is the result of the motion made by
Commissioners Newton-Huckabay, Borup, and Zaremba during the October 17, 2005
Meridian P&Z special meeting.
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 S, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: February 27,2006 and March l3, 2006 and May 2006
(for Planning & Zoning Commission hearings) and June 19th and July 3rd, 2006 (for City
Council hearing)
c. Radius notices mailed to properties within 300 feet on: February 22,2006 and April 27, 2006
(for Planning & Zoning Commission), and June 16th, 2006 (for City Council hearing)
d. Applicant posted notice on site by: March 7, 2006 (for Planning & Zoning Commission), and
July 1 S\ 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There are existing homes, limited office/retail businesses, and other
South Eagle and Victory Road Property Owner's Alliance Annexation -- AZ-06-008
PAGE 3
CITY OF M.ERIDIAN PLANNINGDEPARTM.ENT STAFF REPORTrOR THE HEARING DATE or JULY 11,2006
outbuildings on the subject site.
b. Description of Character of Surrounding Area: The immediate vicinity is transitioning
rapidly to urban-scale development. The I-84/Eagle Road interchange is less than a mile to the
north and has a significant influence on the area. Thousand Springs and Sutherland Farms
Subdivisions are adjacent to the subject property and both ofthese residential developments
are annexed, averaging 3.S to 4 dwelling units per acre with mid-to-high end housing. A new
Meridian Fire suhstation is being constructed just south of the Ridenbaugh Canal on the west
side of Eagle Road. As one travels south from Overland Road, the EI Dorado and Silverstone
mixed use developments are currently being built~out, intended to serve as regional
employment, hospitality, office and service centers with more than two million square feet of
building area expected between the two projects. Traffic generated from the Tuscany Lakes
project on the south side of Victory Road (approx_ 450 units) also strongly impacts S_ Ragle
Road in this area.
c. Adjacent Land Use and Zoning:
1. North: Approved Silverstone Subdivision, zoned C-G (General Commercial)
2. East: Approved Sutherland Farms Subdivision, zoned R-4 (north of Victory Rd.)
and Golden Eagle Estates, zoned RUT/Ada County (south of Victory Rd.)
3. South: Approved senior assisted living facility, zoned R-8 (south of Falcon Dr.) and
rural residential in Golden Eagle Estates, zoned RUT (Ada County)
4. West: Existing Thousand Springs Subdivision, zoned R-4/Meridian City, and rural
residential, zoned RUT/Ada County near Victory Road. Medford
Subdivision (proposed as R-8 for single and multi-family) is proposed at the
southwest comer of Eagle and Victory Roads.
d. History of Previous Actions: As mentioned above, the subject property is part ofthe
recent request to amend the Comprehensive Plan Future Land Use Map designation of this
area (CPA-OS-OOl). The Comprehensive Plan Amendment is on the City Council agenda for
May 2nd, 2006.
e. Existing Constraints and Opportunities:
l. Public Works
Loeation of sewcr: Sewer is constructed in Sutherland Farms Subdivision stub
streets adjacent to the property north of Victory Road. This property drains to
the Five Mile Trunk and capacity is available. The property to the north of
Victory would drain to the mains extended through the Tuscany
Development.
Location of water: Available in S. Eagle Road and local streets
2. Vegetation: There are numerous existing trees on the subject properties that should
either be preserved or mitigated for at the time of development. The rest of the site is
primarily used for rural residential purposes.
3. Flood plain: N/ A
4. Canals/Ditches Irrigation: The McDonald Lateral courses across the Carpenter
parcels at the northeast comer of the Eagle/Victory intersection. This is a sizeable
facility that may impact future development site plans on these parcels.
S. Hazards: Staff is not aware of any potential hazards on this site.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 4
CITY OF MERIDIAN PLANNTNGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
6. Proposed Zoning: C-C for all 23.39 acres. However, the submitted Concept Map
shows R-4 and L-O zoned property. Consistent with the mixed use designation, the
submitted Concept Map, and the adjacent developments, staff is recommending that
portions of this site be zoned for residential, commercial and offiee uses.
7. Size of Property: 23.39 acres
f. Summary of Proposed Streets and/or Access: Although no development is proposed at this
time, the submitted Concept Map (revised) shows a north-south access road located near the
east boundary. Staffis supportive ofthe general location ofthis road, and the extension of E.
Publisher Road from Sutherlund Farms. There are four accesses shown on the Concept Map to
Eagle Road, and four accesses shown to Victory Road. Staff believes that this is too many
access points to the adjacent roadway system, and recommends that access points be limited
(please see Analysis below).
g. Landscaping:
l. Width of street buffer(s): Per City Code (UDC Table ll-2B-3), a 25-foot wide
landscape street buffer is required adjacent to Eagle Road and Vietory Road, which
are both arterial roadways.
2. Width ofbuffer(s) between land uses: Per City Code (UDC Table ll-2B-3) a 25-
foot wide landscape buffer is required between C-C zoned properties and residential
uses/zones.
h. Required Commercial Standards: C-C
Setbacks
Landscape (Local/Commercial Street)
Arterial Road (Eagle & Victory)
Collector Street
Maximum Building Height
Proposed Required
NA 10'
NA 25'
NA 20'
NA 50'
7. COMMENTS MEETING
On February 2,2006, ajoint 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. NOTE: Public Works staff did
recommend that the applicant be required to contact the Boise Project Board of Control to see if
they have any concerns with the proposal. Staff is recommending that the applicant contact the
Board to see what, if any comments they have at this time.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is currently designated "Medium Density Residential" and "Low Density
Residential" on the Comprehensive Plan Future Land Use Map. However, in October of 2005, the
Planning & Zoning Commission voted to recommend approval of a Comprehensive Map
Amendment (CPA) to change the designation of this property to "Mixed Use - Community."
Staff is evaluating the subject annexation request under the assumption that this area will obtain a
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ.06-008
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
mixed use designation (CPA-05-001 is on the May 2nd, 2006 City Council agenda). In Chapter
VII of the Comprehensive Plan, the mixed use 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 - Community designation allows residential
density hetween 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential
building area, 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 current(v 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 cUlTently 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.
. 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 trom incompatible land use development on adjacent
parcels." (Chapter VII, Goal IV, Objective C, Action 1)
This policy touches on one of the primary objectives of zoning - to protect the public health
and welfare. It is the City's obligation to ensure existing properties (both county and city
properties) are protected from harmful, disturbing or unnecessary encroachments. While it
may be possible to design non-residential projects that are compatible with residential, it
does require more time, energy and money from all parties involved (both private and public)
to design and enforce these situations.
The applicant is proposing a commercial zone adjacent to proposed and established
residential areas. There are existing homes in Sutherland Farms to the east of the subject
South Eagle and Victory Road Property Owner's Alliance Annexntion - AZ-Ofi-OOR
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARlNGDATE m JULY 11,2006
site, south (Golden Estates), and north (County parcel). Stafffinds that to protect the existing
single-family homes to the east and north, certain restrictions on this development should be
formulated. The applicant has written into the proposed DA provisions a requirement that
Alliance properties located next to the residential uses in Sutherland Farms will provide
either a residential bl~ffer with the same size lots, or a 40 foot wide landscape buffer. Staff
has used the Guiding Principles provided by the Alliance as a base for a DA, which is
detailed in the Analysis section below.
· "Allocate and identify locations/inventory for industrial and commercial business parks."
(Chapter IV, Action 3, Objective C)
Staff believes that the proposed proportion of commercial zoning to residential zonin~ for
this property is not appropriate. Staff believes that additional residential and or office zoning
should be allotted to limit commercial zoning. Staff also believes that there is already an
adequate amount of built and/or planned commercial land supply in this area. The
Commission and Council should rely on any pubic testimony provided when determining if
the proposed zoning is appropriate for this property.
· "Permit new. . .commercial developments only where urban services can be reasonably
provided at the time of fmal approval and development is contiguous to the City." (Chapter
IV, Goal I, Objective A, Action 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, Goal III, Objective D,
Action 3)
Both Ea~le Road and Victory Road are designated arterial roadways. Based on the volume
of phone calls staff has taken from neiflhbors in this area that are concerned with the amount
of commercial beinfl proposed. and the uncertainty of what uses mar be constructed on this
site, staff is unable to find that the sub;ect application will complement. rather than conflict
with. the ad;oininfl residential areas. Especially, staff has a difficult time envisioning how the
development of the parcel on the south side of Victory Road will complement the nearby
residences. The adjacent properties are designated low density residential and no transition
of zoning or uses is proposed by the applicant. Staff believes that a C-C zone is too intense
for the parcel south of Victory Road. Staff recommends that the Commission and Council rely
on any public testimony provided when determining if the subject annexation and zoning, and
subsequent development will complement the adjoining residential areas.
· "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action 2)
The Alliance is proposingfour access points to Eagle Road andfour access points to Victory
Road. Both Eagle Road and Victory Road are designated arterial roadways. Staff is
recommending that access points be restricted to both Eagle Road and Victory Road. Staff is
not supportive of the proposed access point locations to Earde Road and Victory Road. Staff
recommends that access to this site be primarilr provided bv the fUture internal
roadwav/drivewav svstem and not Earde Road and Victorv Road when this vroverly develovs.
See Analysis below.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 7
CITY or MI::lUUlAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JULY 11,2006
. "Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments." (Chapter VI, Goal II, Objective A, Action 13)
A stub street from Sutherland Farms, Publisher Street, is provided to this property. Currently
there are no opportunities to connect to any other roads in adjacent properties. Staff believes
that when the roadway/driveway system is constructed, this site should be required to extend
Publisher Street into the site and out to Victory Road and Eagle Road. NOTE: This
connection should not go straight out to Eagle Road. Rather, the connection should provide a
circuitous route, as to prevent cut-through traffic.
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 recommends that the Commission and Council determine whether the proposed zoning
designations are generally harmonious with and in accordance with the Comprehensive Plan. Staff
recommends that the Commission and Council rely on any verbal or wrirten 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-C and L-Q zoning districts. UDC Table ll-2A-2lists the
pennitted, accessory, and conditional uses in the R-4 7.oning district.
b. Purpose Statement of Zone:
Community Commercial (C-C) and Limited Office (L-O): 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.
R-4 Medium Low-Density Residential: The purpose ofthe residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Please see Exhibit C for detailed analysis of the required facts
and findings.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ.06.008
PAGE R
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATt: UF JULY 11,2006
Proposed Zoninll: One of the primary objectives of zoning is to protect the public health, safety
and welfare. It is the City's obligation to ensure existing properties are protected from harmful,
disturbing or unnecessary encroachments. While it is possible to design non-residential projects
that are compatible with residential uses, it does require more time, energy and money from all
parties involved (both private and public) to design and enforce these situations. Of the subject 23
acres, over 19 acres is proposed for C-C zoning, while 2.5 acres is proposed for R-4 zoning and
1.4 acres is proposed for L-O zoning.
By adding an additional 20 acres of land designated for primarily commercial use to the City's
inventory, staff is concerned with a potential over-supply of eommercially zoned land. Meridian's
2005 office vacancy rate has been noted by the Chamber of Commerce and other local real estate
sources to continue to be high (between 9% and 2S%, depending on the sub-area). While staff
understands the applicant's argument that Eagle Road is a high visibility corridor and
opportunistic for both office and retail, staff is concerned about extending too much more retail
and office uses south of the Ridenbaugh Canal and believe other locations are better suited for
these uses.
In the area south ofI-84 between Locust Grove Road and a half mile east of Eagle Road, there is
over 2S0 acres of vacant or under-developed land designated as either Commercial or MU-
Regional 011 the Future Land Use Map. This does not include any of the Silverstone or El Dorado
land or any land north of 1-84. All of this property is within a 1 Y2 mile radius of the subject
properties.
On the south side of Victory Road the applicant is proposing commercial zoning directly adjacent
to existing residential. Staff is charged with ensuring that the proposed zoning, existing and future
uses are compatible with each other. Staff has fielded several phone calls from neighbors in
Sutherland Farms Suhdivision, Tuscany Suhdivision and Thousand Springs Subdivision. For the
most part the neighbors are concerned with the amount of commercial zoning proposed and the
anticipated amount of vehicular traffic and noise that this site will generate. Further, staff can not
envision how the proposed C-C zoned property on the south side of Victory Road will be
compatible with the low density residential surrounding the property.
Staff finds that the subject application only proposes approximately 2.5 acres of residential
zoning on the entire 23 acres proposed for annexation. Staff questions how the sliver of property
on Eagle Road, south of Victory will develop with C-C zoning, as landscaping will take up a
significant portion of the property. Further, no provisions have been provided for the re-
development of the county properties to the north of the subject site (currently Kirby Kennels)
and east in Golden Eagle Estates; C-C zoning is proposed adjacent to them. If zoning is approved
as proposed by the applicant, staff believes that these adjacent properties will also seek a
commercial zone, thereby furthering the oversupply of commercially zoned properties in this
area. Staff recommends that the Commission and Council determine if the ratio of commercial.
office and residential zoning is appropriate for, and compatible with the other uses in this area.
Staff recommends that the Commission and Council determine what the appropriate mix of
zoning/uses, in this area proposed for mixed use - community, is to be.
The legal descriptions submitted by the applicant (dated March 29,2006) shows the properties as
contiguous to the existing corporate boundary of the City of Meridian. Said legal descriptions are
not stamped by a professional land surveyor. The applicant should be required to submit lellal
descriptions for this property that are stamped by an Idaho State certified professional land
survevor. The aoolicant has met this reauirement and staff has scanned these revised
descriotions into the Staff Reoort.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
Concept Mao: On April 12, 2006, the applicant submitted a revised/updated concept map and
proposal letter. The revised concept map and the commitments outlined in the revised letter are
detailed below.
Detail: When the CPA application was submitted in 2005, the Alliance intended to develop a
business campus similar to the EI Dorado and Silverstone developments to the north. All property
owners were committed to coordinate future development plans_ The Alliances' goal is to rezone
the properties to their best use and then to market the property to a buyer who will be bound by
the DA that comes out of the annexation process. A positive and encouraging aspect of the
Alliance's applications are that owners of contiguous, smaller parcels are coordinating their
development plans and appeared to be willing to submit a single planned development/site plan.
This kind of cooperation is strongly encouraged by City Staff, the Commission and the Council
and helps to facilitate future driveway and roadway access points to Eagle Road and Victory
Road and avoids fragmented development.
Staff believes that the revised Concept Map and the commitments offered up by the applicants,
provides a good base for evaluating the annexation request. The revised Map shows a vehicular
system, proposes maximum building sizes and heights, and limits some ofthe uses that may be
constructed within the six distinct areas. The six areas are broken up as follows: the R-4 area
adjacent to Sutherland Farms Subdivision; the L-O area south ofthc R-4 area, adjacent to Victory
Road, the C-C area along Eagle Road and along the north side of Victory Road; the interior
transitional C-C area (on the west side ofthe proposed north-south roadway, across from the R-4
area); the C-C area interior to the development; and, the C-C area south of Victory Road.
Because the Commission has recommended approval to the City Council of a Mixed Use-
Community designation for this property, staff has attempted to incorporate detailed DA
provisions that will ensure that the subject property is developed in the best interest of the City.
Access: During the public hearing for the Comprehensive Plan Amemlrnenl (CP A-05-001),
Wayne Forrey testified that he imagined that there would be one additional access point to Eagle
Road. between Easy Jet Drive and Victory Road. for this property. However, on the Concept Map
north of Victory Road there are two accesses shown to Eagle Road, two access are shown to
Eagle Road south of Victory Road, and four accesses shown to Victory Road. Staff believes that
this is too many access points to the adjacent arterial roadways. Staff recommends that Eallle
Road access points be restricted to: one full access (public street) between Easy Jet Drive and
Victorv Road, and one riQ:ht-in/riQ:ht-out drivewav north ofVictorv Road. if anproved bv ACHD.
Staff further recommends that onlv one rilZht-inlrilZht-out drivewav to Eagle Road be allowed
south of Victory Road. Access to Victory Road should be restricted to one full access (public
street) and one right-in/right-out driveway, on the north side of the road. and onlv one access on
the south side of Victory Road. in locations aporoved by ACHD.
A stub street from Sutherland Farms, Publisher Street, is provided to this property. Currently
there are no opportunities to connect to any other roads in adjacent properties. Staff believes that
when the roadwav/driveway system is constructed. this site should be required to extend
Publisher Street into the site and out to Victory Road and Eallle Road. Staff further recommends
that a public stub street be provided to the countv parcel to the north (Kirbv Kennels).
NOTE: Retail operations typically want their own driveways or at least more frequent curb cuts
to arterials than residential uses. Residential subdivision developers are typically less concerned
with direct access and put less pressure on both the City and ACHD to construct them.
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 10
CTTY OF MERIDIAN PLANNTNGDEPARTMENT STAPF REPORT FOR THE HEARING DATE UF JULY 11,2006
Landscapinll: Per City Code (UDC Table ll-2B-3), a 2S-foot wide landscape street buffer is
required adjacent to Eagle Road and Victory Road, which are both arterial roadways. Per City
Code (UDC Table 11-2B-3) a 2S-foot wide landscape buffer is required between C-C zoned
properties and residential useslzones. The Alliance is agreeable to a DA provision where 2S-foot
wide street buffers along Victory Road and Eagle Road will be constructed in the future. A 40-
foot wide landscape buffer is proposed between the office zoned area and the residents in
Sutherland Farms.
Development Allreement: UDC 11-SB-3.D.2 and Idaho Code ~ 6S-671lA 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.
Staff reeommends that the Commission and Council direct the City's Legal Department to draft
a development agreement for the subject properties as follows:
. That the Alliance believes there are advantages to selling the subject properties to a single
development entity.
· That because the Alliance property owners have joined together for a unified
development, all of the property north of Victory Road shall be included within the
boundaries of a plat, with a final plat for the property being recorded prior to the City's
issuance of any building permit.
· That because the development approach is to lessen (feather) land use intensity
approaching the existing neighborhoods, the following restrictions will be placed on the
development of the property:
· A 40-foot wide landscape buffer will be provided between the L-O zoned property and
Sutherland Farms Subdivision. Said buffer will be constructed on the L-O property.
. A 2S-foot wide landscape buffer will be provided between the L-O zoned property and
the R-4 zoned property to the north. Said buffer will be constmcted on the L-O property.
· The area zoned L-O will be limited to single level structures up to 5,500 square feet.
. All buildings with frontage on Eagle Road and Victory Road, north of Victory Road, will
be limited to a 12,SOO square foot building footprint; that all buildings will have a variety
of building materials and colors; that there will be variations in building setbacks from
the road (not strip mall); and that buildings will be oricnted towards the adjacent arterial
street (at least two-sided architecture, not a blank fa9ade facing the street(s)).
· The area directly west of the proposed north-south street shall be limited to a single level,
up to 7,SOO square feet in size; have two-sided construction so that there are windows
facing the R-4 homes to the east and internally to the west; that the commercial building
wil1100k similar to the homes cunstructed in Sutherland Farms; and that no retail stores,
fuel sales, or wireless communications facilities will be allowed in this area.
. That the internal commercial buildings north of Victory Road, shall not exceed 20,000
square feet.
. That at least one centrally located plaza gathering areas, with some covered seating shall
be provided within the commercial area north of V ictory Road.
· That the buildings south of Victory Road, shall not exceed 20,000 square feet; that all
buildings will have a variety of building materials and colors; that there will be variations
in building setbacks from the road (not strip mall); and that buildings will be oriented
towards the adjacent arterial street (not a blank fa9ade facing the street(s)).
. That the future R-4 lots located next to Sutherland Farms Subdivision shall contain at
least 8,000 square feet and have dwellings of at least 1,400 square feet.
South Eagle and Victory Road Property Owner's Alliance Annexation AZ-06-008
PAGE II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING VA It; Or J UL Y II, 2006
· That unless specified otherwise in this DA, all landscaping along the perimeter of this
property and internally shall comply with all of the provisions of the Unified
Development Code.
· That Publisher Street will be extended into the site and circuitously connect with Eagle
Road and Victory Road, as not to encourage cut-through traffic.
· That a public stub street will be provided to the property to the north, to eventually tie
into Easy Jet Drive.
. That Eagle Road access points be restricted to a maximum of: one full access (public
street) between Easy Jet Drive and Victory Road, and one right-in/right-out driveway
north of Victory Road, if approved by ACHD; that only one right-in/right-out driveway
to Eagle Road be allowed south of Victory Road.
. That access to Victory Road shall be restricted to a maximum of: one full access (public
street) and one right-in/right-out driveway, on the north side of Victory Road; that only
one access on the south side of Victory Road be allowed. Locations for access points
mentioned shall be contingent on ACHD approval.
. That the Alliance agrees to facilitate a well-planned, neighborhood compatible
development.
· That the Alliance agrees to submit legal descriptions for each approved zone, prepared by
a professional licensed surveyor in the State of Idaho, prior to annexation ordinance
approval.
· That the submitted conceptual site plan is not approved. as too many access Doints
to Eal!le Road are shown.
Prior to the annexation ordinance approval, a Development Agreement shall be entered into
between the City of Meridian, the property owners (at the time of annexation ordinance
adoption), and the developer. The applicant shall contact the Citv Attorney. Bill Nary, at 888-
4433 to initiate this process.
b. Staff Recommendation: Staff recommends approval of the subiect application AZ-06-
008, with the Development Allreement provisions listed above in the AZ Application
Analysis of Section 10 of the Staff Report for the hearing date of April 20. 2006. On Mav 18.
2006 the Meridian Planninl! & Zooin!! Commission voted to recommend approval of the
subiect aoolication. with the Drovisions listed in Section 10 of the Staff Report. but
recommended that the submitted concept plan/maD Dot be approved.
11. EXHIBITS
A. Legal Description
B. Required Findings from Unified Development Code
C. Concept Map (not approved)
South Eagle and Victory Road Property Owner's Alliance Annexation - AZ-06-008
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
Exhibit A - Legal Descriptions
April 18. 2006
DESCRIPTION
FOR
C-C ZONE
This description Is for the C-C ZONE as shown on the Eagle Alliance Map which
Is a parcel of land located In the SW1/4 of the SW1f4. Section 21 and the NW1/4 of the
NW1/4 Section 28 Township 3 North Range 1 East BosIe Meridian Ada County, Idaho
and more particularly described as follows:
Commencing at the south west comerofSaid SectiOn 21 T3N R1E 8M. wnich is
the True Point of Beginning fnf" the description;
Thence Noo00'17'W along the west boundary of said Section 21 a distance of
1023.12 feet;
Thence 889"25' 49"E for a distance of 667.16 feet to the centerline of a
proposed street
Thence along a curve with a radius of 400 feet. a central angle of 6052'55", a
long chord bearing of 83<> 26' 4S"E and a long chord length of 48.02 feet;
Thenoe continuing along the centerline 500 0' 17"E a distance of 530.92 feet:
Thence along a curve with a radius of 180 feet, a central angle of 37"34'45", a
long cl'1ord bearing of 518" 47' 06'W and a long chord length of 115.95 feet;
Thence continuing along the centerline 537"34' 28"W a distance of 105.49 feet;
Thence along a curve with a radius of 1 BO teet. a central angle of 37010'21", a
long chord bearing of 51&' 59' 18'W and a long chord length of 114.74 feet;
Thence continulilg along the contei1lrle 80024' 07'Wa distance of 139.47 feet to
the south boundary of section 21:
Thence 80030' 59'Wa distance of 167.00 '-;
Thence 818019' 49''W a distance of 170.00 feet
Thence NSQ035' 54"W a distance of 336.72 feet;
Thence SO"31'10'W a distance of 339.13 feet;
Thence N3QOO9' 49"W a distance o12n .25 feet to the west boundary of SeCtion
28;
Thence along the west boundary of SeCtion 28 NO"32' 39"E a distance of 429.15
feet and back to the polntot beginning.
Said parcel contains some 19.4tacres. more of less.
BR..,~1rwL-'
MAY 17 2006
MEflIOl!\N PUBLIC
WORK$ DEPT.
Exhihit A - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
April 18, 2006
DESCRIPTION
fOR
l-O ZONE
This description is for the L-O ZONE as shown on the Eagle Alliance Map
which is a parcel of land located In the SW1/4 of the SW1/4 Section 21
Township 3 North Range 1 East Bosie Meridian Ada County, Idaho and more
particularly described as follows:
Commencing at the south west comer of said Section 21 T3N R1E BM. Thence
88903S'5S''e along the south boundary of said Section 21 a diStance of 530.00
feet which is the True Point of Beginning for the description;
Thence NO"24'07"E along the centerline of a proposed road a distance of 139.47
feet;
Thence along a curve with a radius of 180 feet, a central angle of 37"10'21", a
long chord bearing of N180 59' 18'"E and a long chord length of 114.74 feet;
Thence 852"25' 31'"e a distance of 25.00 feet to the easterty right of way line of
said road;
Thence 589"33' 50"e a distance of 211.87 feet to the westerly boundary of
Sutherland Farms Subdivision; .
Thence $0"00' 17'W a di$tance of 233.00 feet to the southerly boundary of
Section 21;
Thence N89"3S' 55"W along said southerly boundary a distance of 270.02 feet
and back to the point of beginning.
Said parcel contains some 1.43 acres. more of less.
~.
REV '-'
8 '
MAY \ 7 2000
ME.RIDI"N. PUBLIC.
WOf\KS DEPT-
Exhibit A - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
April 18, 2006
DESCRIPTION
FOR
R4 ZONE
This description is for the R4 ZONE as shown on the Eagle Alliance Map
Which is Oil paroel of land located in the SW1f4 of the SW1/4 Section 21
Township 3 North Range 1 East Bosie Meridian Ada County, Idaho and more
partlcularty deScrIbed as follows:
Commencing at the south west comer of said Section 21 T3N R1E BM, Thence
NooOO'1 T"N along the west boundary of said Section 21 a distance of 1 023.12
feet;
Thence 589"25' 49"E for a distance of 667.16 feet to the centerline of a
proposed street which is the True Point of Beginning for the description;
Thence along a curve with a rac:llus of 400 feet, a central angle of 6052'55". a
long chord bearing of S3" 26' 45"E and a long chord length of 48.02 feet;
Thence continuing along the centel1ine 500 Oi 1rE a distance of 530.92 feet;
Thence along a curve wfth a radius of 180 feet, a cen1n11 angle of 37034'45", a
long chord bearing of $180 47' OO"W and a long chord length of 115.95 feet;
Thence continuing along the centerline 837034' 28'W a distance of 105,49 feet;
Thence 852025' 31 "E a distance of 25.00 feet to the easterly right of way line of
said road;
Thence 889033' 50"E a distance of 211 ,87 feet to the westerly boundary of
Sutherland Farms Subdivision;
Thence NO"OO'17'W a distance o.f 787.77 feet;
Thence N89"25'49"W a distance of 132.88 feet and back to the point of
beginning.
Said parcel oontaims 5Otl18 2.55 iIOlelS, "'lore of less.
MAY 1 7 2006
R~'1}<9!-PY!i!t.-- ~
BVr=-.-::..: '
N1ERIOIIIN PUBLIC
WORKS OEPT,
Exhibit A - Page 3
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARl,Nv UATE OF FEBRUARY 2,2006
{
I
,I
Ii'
t
IlMJl.I AUJMiCIl MtP
r.fN 1lZ8. B.JL
.Arkt Courr(p; ld&Ilo
I
I
;
i
I
"I
il i
: II !
! I !
--.... -.."
.tI' ~._-".~,~".".,
t
---.- ..
..
"
.. I;
.
'"
--
,..
I
I
f
.'
I ..
i
i
.
I
.:,,=-:.=--~'-:.., '. :::.t::!-'W;i-~
(-----
!
,
'"
:_: ~:"':-",,<"
--
---
=..s_a._MI
i~t~~-
~,~'/ 1 7 2006
("'
. ~ N ~\JaUC
./;~,..J~~~ oE~l,
~ ~ :~~j,,=-
_....1.-.
. .. ~. ~
~j...IIII'
Exhihit A - Page 4
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;
The applicant is proposing to zone the subject property to C-C, L-O and R-4.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report
for more information.
2. 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.
Council finds that there are several uses that are allowed and conditionally
allowed within the requested zoning districts of C-C, L-O and R-4. If the
applicant complies with the conditions outlined in the development agreement,
Council finds that the proposed zoning districts will be in compliance with the
specific district regulations. Council finds that future development of this
property should comply with the established regulations and purpose statements
of the requested zones.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
Council finds that the map amendment will not be materially detrimental to the
public health, safety, amI welfare. The Commission and Council rely on any oral
or written testimony that may be provided when determining this finding.
4. 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.
5. The annexation is in the best ofinterest ofthe City (fIDe 11-5B-3.E).
The C-C, L-O and R-4 zoning amendment will provide commercial and
residential areas that are similar in nature to existing and proposed commercial
development in the vicinity. Council finds that all essential services are available
or will be provided by the developer to the subj ect property and will not require
unreasonable expenditure of public funds. The Commission and Council
determine whether the Droposed Annexation and Zoning of this DroDertv will be
in the best interest of the City If the Commission and Council determine the
annexation is in the best interest of the Citv. the applicant enter into a
Development Agreement (DA) with the City. as mentioned in Section lO of the
Staff Report.
Rxhihit R - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HI::AlUNG DATE OF FEBRUARY 2,2006
C. Concept Map (not approved)
EJ.t1lS Al.lMNCIl txJNC/lPl' JUP
IIW."B.lJI.
---
L ___
'--i.tii;J.i--.-:--'_uo- -- -_n~--n-F-'-,--
I
c--n--~ I
~/ Ii
~ ; I
~. 1-
---1.
I
1----.
___. ---,,---- - _n .----l-l-=---,~~
} I ..~
T-~\. - 1'=1
\. j (.
\ I
'~
, I
J___J
~{n
~. ,.(~-
I
i
,
"
~
r
~
{/
. ~--,,...-,
~...
(;(".lJ"h'i"I V'Ifi/J-. C:.{...rt~':f
I -.-
. __0-
!
I
,.,,_L__
~~'t-..
In.......-.. ..
--~~
.................
----"'-.
~'\ )
.......-:
----
, i
: I
t
-
.-...'-
'-I~~
. --
IIW_
'--
-
f. lfJ.~....-....-.o.I\t
.z cl'~~""'I"~"~
... a:n:~~~~~"-.I"","
.--
..a.-~_'_I~~.....~_
=:=., o::.".f.~
---
!- " ", "--~
~~:~::',:::;j"::::l--f
~
~
..
- --- n---l
I
I
I
I
i
I
I
L__~,__
L
~,~_._- _~'__,_~~_,.'.~_'~r-A...".______..~_ __ ._._._.__.____
L....!!....i. _.. ~_..
Exhibit C - Page 1