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HomeMy WebLinkAboutUstick CPA CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. . CP A-06-002 ~p /'''~"C .fIIi. . "-/YLcridi:n'i; \ I IlJ,\HO '!f 'i'~ l '~~ (~~ ,,~........ ,"'.'..- J -'-'-<~.I'~~",;~~ 'mil STAFF REPORT City Council Hearing Hearing Date: October 10, 2006 Mayor and City Council Justin Lucas, Associate City Planner TO: FROM: SUBJECT: Ustick Comprehensive Plan Map Amendment Comprehensive Plan Map Amendment to change approx. 12.37 acres from Medium Density Residential to Mixed~Use Community 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the 2002 Comprehensive Plan (adopted August 6, 2002). The applicant is proposing to change an existing Medium Density Residential designation to a Mixed Use-Community designation for two parcels, which total approximately 12.37 acres of land, located at 1515 W. Ustick Road and 3195 N. Linder Road, the southeast and southwest corners of the intersection of Ustick and Linder Roads. The properties are zoned RUT and Rl (Ada County) and are not currently within Meridian City limits. There are no other annexation, rezone or plat applications associated with the request. The applicant does state in the application letter that, if approved, the property owners intend to develop a mix of commercial and residential uses on these sites. Approval of the subject CPA application would allow the applicant to apply for various different zoning designations when they choose to annex into the city. The amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan and the applicant would still be required to apply for annexation and zoning through the City to move forward with any development. (NOTE: Comprehensive Plan amendments for text changes are allowed at any time. The Commission is only allowed to recommend Comprehensive Plan amendments for map changes every six (6) months. If the Commission or Council desires to tie the subject CPA to specific conditions or a development agreement, then an accompanying development application must be required. Due to the time restrictions mentioned above and assuming that the other CPA is acted upon the subject application could not be brought back to the Commission until April 7, 2007.) 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the application below. After carefully considering the required findings for a comprehensive plan amendment and the applicable sections in the comprehensive plan, Staff struggled to make a definitive recommendation on this proposal. The major reason for this struggle stemmed from the apparent conflict between the Neighborhood Center concept which clearly focuses a mix of higher density residential and commercial uses at the half mile point between Linder and Meridian roads, and this proposal to locate a mixed use development at the intersection of Linder and Ustick Roads. After careful review, Staff determined that allowing for a conventional mixed use development at the intersection does not inherently conflict with the Neighborhood Center concept as long as the mixed use development at the intersection has an increased focus on high density residential and includes a design that complies with the mixed use guidelines that are outlined clearly in the Comprehensive Plan. With that said, Staff is recommendinll: approval of the Comprehensive Plan Amendment for the reasons CP A-06-002 Ustick Comprehensive Plan Amendment PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006. outlined in this report. The Meridian Plannin2 and Zonin2 Commission heard this item on September 21. 2006. At the public hearin2 they moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Chris Penland ii. In opposition: None iii. Commenting: None lV. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval I move to approve File Number CP A~06-002 as presented in the staff report for the hearing date of October 10, 2006. Denial I move to deny File Number CP A-06-002 as presented during the hearing date of October 10, 2005, for the following reasons: (you should state specific reasons for denial.) Continuance I move to continue File Number CP A-06-002, 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: 1515 W. Ustick Road and 3195 N. Linder Road, the south east and southwest comers of the intersection of Us tick and Linder Roads 3Nl WI and 3Nl W2 b. Owners: 1. Wilford T. and Evelyn Sindon 1515 W. UstickRoad Meridian, Idaho 83642 2. Gary and Margaret Palmer 3195 Linder Road Meridian, Idaho 83642 c. Applicant: Same as owners d. Representative: Chris Penland, Thornton Oliver Keller CP A-06-002 Ustick Comprehensive Plan Amendment PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. e. Present Zoning: RUT and RI (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential h. Applicant's Statement/Justification (reference submittal material): In spring of 2006, The Meridian City Council changed the Future Land Use Map designation from "Medium Density Residential" to "Mixed Use Community" for the northwest and northeast parcels at the intersection of Ustick and Linder Roads. The owners of 1515 West Ustick Road worked in conjunction with other owners and the City Council to obtain a "Mixed Use Community" designation at that time. Although the designation change for the property was agreed to in concept, the area of review was limited to the region north of Us tick Road on the Future Land Use Map. As a result of this the City Council was unable to legally allow the change at that point in time. This application is a continuation of the owner's previous efforts to secure the conceptually agreed to change. 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Idaho Code Title II Chapter 16, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 4, 11, and 18, 2006. (Planning Commission) September 25, and October 2,2006. (City Council) c. Radius notices mailed to properties within 300 feet on: Radius notices were not sent out for this application, as more than 200 would have been required. Alternative forms of notice, including Public Service Announcements that were done on September 4th (Planning Commission), September 25th (City Council) and broadcast faxes were also sent out on September 1st and 15th (Planning Commission), September 2211d and October 4th (City Council). d. Applicant posted notice on site by: The applicant is not required to post notice for this application, per UDC 11-5A-5E3. Consistent with Idaho State Code and the City of Meridian's UDC, alternative forms of notice have been provided by the City Clerk's Office (see above for dates). 6. LAND USE a. Existing Land Use(s): Rural residences and accessory buildings b. Description of Character of Surrounding Area: A mix of undeveloped land located within the County, and a residential subdivision within Meridian city limits. To the immediate south and north lie rural properties with existing residences, outbuildings and vacant land. To the west of the properties is Tumble Creek Subdivision which has an R-4 zoning designation. The area to the east of the site also contains rural properties with existing residences, outbuildings and vacant land. Various subdivisions have been proposed in this area including the Southwick Subdivision proposed to be located to the east of these sites. c. Adjacent Land Use and Zoning 1. North: Rural residences, zoned RUT (Ada County) 2. East: Rural residences, zoned RUT (Ada County) and 3. South: Rural residences, zoned RUT (Ada County) 4. West: Tumble Creek Subdivision, zoned R-4. d. History of Previous Actions: In March of 2006 the City Council approved a change to Future CPA-06-002 Ustick Comprehensive Plan Amendment PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006. Land Use Map to "Mixed use Community" for the two parcels directly north of the subject properties. This decision was made in conjunction with the North Meridian Area CPA. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Available in U stick Road Location of water: Available in Locust Grove Road 2. Vegetation: There are numerous existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: A portion of both properties lies with the 100 year floodplain for Fivemile Creek. 4. CanalslDitches Irrigation: NI A 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: No annexation or zoning is proposed at this time. 7. Size of Property: Approx. 12.37 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Both parcels have frontage on Ustick and Linder Roads. The ACHD Five Year Work Plan projects that this intersection will be expanded to five lanes on all legs and signalized with construction starting in 2008. This construction will have a significant impact on these properties in terms of loss of property to right of way. Of special concern is the triangular parcel located at 3195 N. Linder. Due to the size of this property and its irregular shape it may be difficult to locate any type of use on this property once ACHD has gathered all of the needed right of way to expand this intersection. Staff looked closely at this issue and determined that even with ACHD right of way takes and city requirements a small development could be viable on this site. 7. COMMENTS MEETING On September 1, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. 8. COMPREHENSIVE PLAN ANALYSIS PROPOSED & POTENTIAL USES OF PROPERTY If the CPA application is approved, the applicant intends to develop a lnix of commercial and higher density residential uses on these parcels. The applicant has submitted a conceptual development plan for 1515 West Ustick Road which shows approximately one third of the site set aside for a multifamily development and the other two thirds as a mix of office and retail uses. The applicant has not included a detailed concept plan for the smaller site located at 3195 North Linder but proposes to locate a small low intensity office or retail use on this site. Without a concurrent Annexation and Zoning application, the City can not restrict the applicant to a specified development plan. All uses available for the Mixed Use-Community designation would be an option for future development of the properties. If the Commission or Council desires to tie the subject CPA to specific conditions or a development agreement then an accompanying development application must be required. CP A-06-002 Ustick Comprehensive Plan Amendment PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. The Mixed Use-Community designation allows for up to 25 acres of non-residential uses, up to 200,000 square feet of non-residential buildings, and a residential density of 3 to 15 units per acre. Potential zoning would include C-C (Community Commercial) and C-N (Neighborhood Commercial), as well as the L-O (Limited Office), medium and medium high-density residential zones (R-8 and R-15) and the traditional neighborhood districts (TN-C and TN-R). Sample uses in this area include residences, offices, clothing stores, garden centers, hardware stores, restaurants, banks with drive through facilities, and department stores. The City will have the opportunity to review any proposed development on the properties and impose any conditions necessary to protect the best interests of the City through the Annexation and Zoning process. COMPREHENSIVE PLAN POLICIES AND GOALS Please see Exhibit C for detailed analysis of facts and findings for a comprehensive plan amendment. The June 2006 Comprehensive Plan Update contains a variety of goals, objectives, and action items relevant to this CPA application. The following policies most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process (staff analysis is in italics below the quoted policy): · Mixed Use, pages 102 and 103, Chapter VII: o Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of these properties at the comer of Linder and Ustick Roads makes them good candidates for quality mixed use development. This location combined with the mixed use community designation that already exists on the properties to the north would help to complete this intersection by having the same comprehensive plan designation on all four comers. o Fourth Bullet, bottom of page 102: In developments where multiple commercial and or office building are proposed , the buildings should be arranged to create some form of common usable area such as a plaza or green space. In the conceptual development plan provided by the applicant for 1515 West Ustick the applicant has provided an outdoor patio that could act as a plaza or usable open space. This area could be enhanced to act as a true gathering place for pedestrians and users of the o ffice/retai lfaci lities. o Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the applicant shows good connectivity between the residences and businesses. The residences will also have access to the Five Mile Creek Green Belt that is proposed to run through this project. Both of these things will provide good pedestrian and vehicle connectivity in this area. . Objective D, page 107: Encourage appropriate land uses along transportation corridors. o Action 7: Develop incentives for high-density development along major transportation corridors to support public transportation system. The subject properties are near a very busy intersection in the City. Providing higher density housing in this area would help to support a future public transportation system. CPA-06-002 Ustick Comprehensive Plan Amendment PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. · Objective A, page 115: Encourage quality housing projects for all economic levels in a variety of areas. o Action 4: Provide of a wide diversity of housing types and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. The subject properties are projected to contain multi-family dwelling units that would provide for housing diversity in this area of the city. o Action 14: Locate high density development, where possible, near open space corridors, or other permanent major open space and park facilities, Old Town and near major access thoroughfares. The Five Mile Creek greenbelt is proposed to locate near these properties. This seems like a good location for a multifamily development that could utilize this open space amenity. ECONOMIC & LAND USE ISSUES Since the Land Use Planning Act requires a Comprehensive Plan to address economic development issues as part of a city's long-range plan, Staff is including the following analysis for the P&Z Commission and City Council as part of this CPA application. We believe the majority of these issues support amending the Future Land Use Map from Medium Density Residential to Mixed Use-Community. Oversupply of Mixed Use/Commercial Land: Staff struggled to determine if this proposal would indeed create an oversupply of Mixed Use land in this area of the city. The major reason for this struggle stemmed from the apparent conflict between the Neighborhood Center concept which clearly focuses a mix of higher density residential and commercial uses at the half mile point between Linder and Meridian roads and this proposal to locate a mixed use development at the intersection of Linder and Ustick Roads. While the comprehensive plan does not specifically prohibit such a situation, Staff is concerned about the viability of the existing commercial projects that have already located at the center point between Linder and Meridian Roads in compliance with the Neighborhood Center concept. In contrast to the concerns mentioned above, Staff has also analyzed the previous decision by the City Council to change the Future Land Use Map designations for the northern corners of this intersection to Mixed Use Community. This previous decision was made during the North Meridian Area CPA (CPA- 05-004) that was approved on March 14, 2006. During the process for the North Meridian Area CPA the southern corners of the intersection of Ustick and Linder Roads (subject properties) were discussed as areas that could receive a mixed use or commercial designation, but the change was not made at that time because they were not included in the study area. During the previous CPA and in the current application the applicant argues that the existing Neighborhood Center commercial node located at the half mile and the proposed conventional mixed use development at the intersection will compliment each other because of the different types of commercial and residential uses that they could contain. The applicant specifically argues that the intersection location is ideal for more convenience oriented businesses such as banks and restaurants while the Neighborhood Center could contain more destination oriented businesses such as a grocery store and medical offices. Staff has reviewed these arguments carefully and determined that allowing for a conventional mixed use development at the intersection does not inherently conflict with the Neighborhood Center as long as the mixed use development at the intersection has an increased focus on high density residential and includes a design that complies with the mixed use guidelines that are outlined clearly in the Comprehensive Plan. CP A-06-002 Ustick Comprehensive Plan Amendment PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006. Transportation Issues: Without a specific development plan it is hard to project traffic impact, yet it is clear that any development in this area will increase the amount of traffic and congestion at this already busy intersection. ACHD's Five Year Work Program includes plans to widen and signalize this intersection to help alleviate some of the congestion. The widening of this intersection will most likely make this an undesirable place for traditional single family development as would be allowed under the existing comprehensive plan designation of Medium Density Residential. The Comprehensive Plan encourages the location of high-density residential developments in close proximity to major transportation corridors to help support a public transit system. By allowing a mixed use designation on this property, it would be eligible to develop residences at higher densities along with some commercial or office uses. Compatibility & Design Issues: Staff believes that allowing a Mixed Use-Community designation on these sites has the potential to adversely affect other properties in the area, due to the nature of the uses allowed in within the Mixed Use-Community designation. It is imperative that the when development plans are submitted for these sites that the surrounding uses (both existing and potential) are considered. For example, Staff is currently processing development applications for medium density residential uses near this area (Southwick Sub. to the East and an expansion of Crossfield Subdivision to the South). High intensity commercial uses directly abutting low or medium density residential uses are generally not preferred. The Comprehensive Plan supports transitional zones/uses, such as offices or medium high density residential, to buffer commercial and lower density residential uses (Chapter VII, Goal 1, Objective B, Action item 7). Staff does feel that a medium high-density residential development would be an acceptable buffer between the medium density residential development to the east and south. Staff feels that while some commercial could be placed on the ISIS West Ustick road site, much of the site should be set aside for medium or high density residential that could act as an appropriate buffer between the lower density residential proposed and existing in this are and the commercial uses slated for the comer. The other site, located at 3195 North Linder Road, is already adjacent to the Tumble Creek subdivision to the south and west. Fortunately this site has a natural buffer created by the Five Mile Creek. Regardless of this natural buffer, any commercial or office uses on this site should be designed in accordance with UDC standards and take into account the proximity ofthe residential uses. IDAHO STATE CODE Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. 9. ZONING ORDINANCE No amendments to the Zoning Ordinance are being proposed. If the application is approved and the Mixed Use-Community designation is granted, a number of different zoning districts could be applied for at the time of annexation, including C-C and C-N districts, the medium (R-8) and medium-high density (R-15) districts, and the Traditional Neighborhood Commercial or Traditional Neighborhood Residential districts. 10. RECOMMENDATION Staff is in support of the Comprehensive Plan Amendment provided that the development of the property substantially complies with the concepts and concerns that Staff outlined in this report. Staff is recommending approval of the applicant's proposal to amend the Comprehensive Plan Future Land Use Map. The Meridian Plannin2 and Zonin2 Commission heard this item on Sentember 21.2006. At CP A-06-002 Ustick Comprehensive Plan Amendment PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006. the public hearinl! thev moved to recommend approval. 11. EXHffiITS A. Drawings 1. Conceptual Development Plan 1515 West U stick Road 2. Conceptual Development Plan 3195 North Linder Road B. Department Comments C. Required Findings from the Zoning Ordinance CP A-06-002 Ustick Comprehensive Plan Amendment PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. A Drawings I. Conceptual Development Plan 1515 W. U stick Road I] SU..tee1' TO ..u.~-."T wtTN flIAMPAlllElUINAN ItlIUGAl'lON DISTRICT A-I W. USTICK ROAD ".-- - - - - - - - - - - - - - - - - - - - - - - - -. :( ~~~9~~ I ~ I ! I d : I i I : I I , \ o! \ <' 0' \ crl crl I W' 01 \ Z' :J! 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IDAHO. 208_373.4600 . WWW.TOKRE.COM A-2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006. B. Department Comments - The only department that chose to comment on this application was the Fire Department FIRE DEPARTMENT 1. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 2. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 4. Commercial and office occupancies will require a frre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 5. All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building. 6. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a frre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 7. All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. B- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006. C. Required Findings from the Zoning Ordinance 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. City Council finds that the proposed change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. City Council recognizes the flexibility in the Comprehensive Plan especially with regard to mixed use projects. 2. The proposed amendment provides an improved guide to future growth and development of the city. City Council finds that the proposal to modify the Future Land Use Map will increase the ability for innovative design in this highly visible area of the City. City Council believes that allowing for mixed use proj ects to locate in this area will improve the growth pattern in this area. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. City Council recognizes the existence of the Neighborhood Center in close proximity to this proposed Mixed Use Community designation and believes that through proper design and an emphasis on higher density housing the two can coexist. 4. The proposed amendment is consistent with the Unified Development Code. City Council finds that the proposed amendment is consistent with the Unified Development Code. No annexation or zoning approvals have been granted with this application and all subsequent development applications shall comply with the UDC. 5. The proposed amendment is in the best interest of the City of Meridian. City Council finds that the proposed amendment is in the best interest of the City. c- 1