HomeMy WebLinkAboutStaff Comments
STAFF REPORT
TO:
FROM:
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ,.E.ERQ E]VE D
z&jit7 2006
c:::Mcri;;l!!!'t;~
\ I.lHBO ~
.~ },
~~.
~. ~)
'''((l!!.~.]."
Hearing Date: 1 0/24/2006
Mayor & City Council
Justin Lucas
Associate City Planner
208-884-5533
SUBJECT:
Miscellaneous Application - MI-06-008
Request to Modify the Recorded Development Agreement for Blue Marlin, by W.H.
Moore Company.
1. APPLICANT'S REQUEST & STAFF ANALYSIS
The applicant, Winston H. Moore, has submitted a Miscellaneous Application (MI) requesting
modification to a recorded Development Agreement (DA) for Blue Marlin (aka. Centre Point). The
subject DA applies to approximately 58 acres located on the northwest corner of Us tick Road and Eagle
Road, in the C-G (General Retail and Service Commercial) zoning district. A large portion of this site is
currently under construction for a KoW' s Department Store and various other commercial buildings, and
roads.
UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the City the authority to require a property
owner to enter into a Development Agreement (DA) with the City that may require some written
commitment for all future uses. The subject Development Agreement was entered into on April 12, 2005,
and was recorded on April 21, 2005, as Instrument No. 105048793, records of Ada County, Idaho. This
original Development Agreement was ftrst amended on April 13, 2006, and the amendment was recorded
on April 20, 2006, as Instrument No. 106060856, records of Ada County, Idaho. The first amendment
included the addition of 1.5 acres of property along Ustick Road, known as the Nesmith Annexation
property, and a landscape buffer reduction along the western property boundary. The applicant is now
proposing a second amendment to the DA by amending Section 4 "Uses Permitted by This Agreement"
and Section 5 "Conditions Governing Development of Subject Property" of the recorded DA for the Blue
Marlin Annexation (AZ.03-025). Modified language for the proposed second amendment to the Blue
Marlin Development Agreement is provided by Staffbelow.
The City has sent out notices of the subject request in accordance with the current standards for public
hearings (see Section 4, Process Facts, below for publication dates.)
There are no required findings for a miscellaneous application/development agreement modification.
Below, staff has provided the most pertinent facts and analysis related to the proposed development
agreement modifications. Staff is recommendin!! approval of the applicant's request to amend the
Development Al!feement for Blue Marlin. as modified bv Citv Staffbelow.
Because no conceptual site plan was provided by the applicant at the time of annexation, the City
required, through a Development Agreement tied to the annexation, detailed CUP approval for all future
uses in the development or approval for a planned development for the entire property. Until last year
(with the adoption of the UDC), a DA provision to obtain detailed CUPIPD approval, when no conceptual
plan was submitted with the annexation application, was a fairly standard requirement of the City. This
CUP/PD requirement allowed the City to evaluate the details of each building/phase and ensure that the
development met the City's goals and standards for that area. If the Council approves the proposed DA
amendment, each building on the subject property will still be required to obtain Certificate of Zoning
Compliance (CZC) approval from the Planning Department prior to construction of any building, but not
a CUPIPD. NOTE: Future buildings adjacent to Eagle Road and Ustick Road will also be subject to
Blue Marlin Development Agreement Modification MI-06-008
Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006
Design Review approval by City Staff. Staff believes that the proposed Development Agreement
amendment will still allow the City (through staff) to control site design and use issues required by
ordinance. while allowing future buildings on this site to bypass the public hearing process. This makes
the process of pulling building permits more efficient for the developer and the City.
As mentioned above, the recorded DA required CUP or PD approval for all uses on the subject site
because a detailed concept/re-development plan for the site was not provided when the annexation
application was processed by the City. The applicant, Winston H. Moore, has submitted a Master Site
Plan (see Exhibit 1) that more clearly defines building layout and pad locations for the entire site. Some
of the buildings on the Master Site Plan have already received approval by the City through the CUP
process, including KoW's Department Store, G.!. Joes Sporting Goods, and Retail Buildings "B" and "I"
as identified on the Master Site Plan.
Due to the fact that the applicant now is able to provide a Master Site Plan, the applicant is requesting that
certain sections of the above-mentioned recorded DA be modified to allow the construction and
commencement of principally permitted uses in the C-G zone, without CUPIPD approval (see Applicant's
letter dated September 13, 2006). Rather than having each new building/user obtain CUP approval, the
applicant has proposed to incorporate various use restrictions, design elements and amenities, that all
future development will be required to comply with. Staff is generally supportive of the applicant's
proposal as it will create a development with quality design and amenities while lightening the amount of
CUP applications processed by the City. Staff recommends that the Council direct the City's Legal
Department to draft modifications to the recorded development agreement for Blue Marlin as follows:
. Section 4 - Uses Permitted by This Agreement
This section ofthe DA sets forth the use restrictions for this property. The intent of this
section is to state which uses are allowed, not allowed, and/or conditionally allowed.
Section 4.1 of the recorded DA currently states:
"4.1 The uses allowed pursuant to this Agreement are only those uses allowed Under
"City's" Zoning Ordinance codified at Meridian City Code Section ll-7 -2 (C) which are
herein :o.pecified as follows:
"Owner/Developer" shall not develop all or any part of the "Property" unless and until it
has appliedfor and received either (a) a site specific conditional use permitfor the parcel
to be developed or (b) approval for a planned development of the entire "Property ". The
following are found to be pertinent provisions of the City of Meridian Comprehensive
Plan and are applicable to this AZ-03-025 application:
Chapter VII, pgs. 97-98, Chapter IV, Goal I Db}. A. #6, Chapter IV, Goal II, Db}. A,
Chapter V, Goal III, Db}. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I,
Db}. B. #5, Chapter VII, Goal IV, Db}. D, #7.
Staff, through the applicant's submittal. is proposing: to replace the language noted above
in Section 4.1 of the DA with the following:
"4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
"City's" Unified Development Code codified in Table 1l.2B-2 and herein
specified as follows:
Blue Marlin Development Agreement Modification MI-06-008
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24. 2006
a) Principally permitted uses on the subject property shall be allowed without
Conditional Use Permit approval, provided all future buildings have:
1) Front facades that incorporate windows, modulations in the fa<;ade, and
roof line recesses and projections along a minimum of 20 percent of the
length of the fa<;ade;
2) At least two changes in one or a combination of the following shall be
incorporated into the building design: color, texture and materials.
3) Exterior building walls shall demonstrate the appearance of high-quality
materials of stone, brick, wood or other native materials. Acceptable
materials include tinted or textured masonry block, textured architectural
coated concrete panels, tinted or textured masonry block, or stucco or
stucco-like synthetic materials. Smooth-faced concrete block, tilt-up
concrete panels, or prefabricated steel panels are prohibited except as
aL:L:ent materials.
4) All ground level and roof top mechanical equipment shall be screened
from view.
If a future proposed building is not consistent with the above-mentioned provisions,
then the building and use shall be required to obtain Conditional Use Permit approval
prior to construction and operation.
b) Future construction on the subject site shall be generally consistent with the Master
Site Plan submitted with MI-06-008, as determined by the Planning Director. All lots
with frontage on Eagle Road, and all lots that border the western and northern
property boundaries shall contain freestanding buildings. If a future proposed building
is not generally consistent with the Master Site Plan, then the building shall be
required to obtain Conditional Use Permit approval.
c) The following uses shall not be allowed on any lot adjacent to the western or northern
property boundary as shown on the Master Site Plan (pads 9-18, 21-24 and the Family
Center):
. Arts, entertainment or recreation facility, outdoors
. Arts, entertainment or recreation facility, outdoor stage or music venue
. Cemetery
. Church or place of religious worship
. Fuel sales facility, truck stop
. Hotel and motel
. Industry, information
. Industry, light
. Multifamily development
. Mortuary
. Nursery or urban farm
. Recreational vehicle park
. Storage facility, outside
. Temporary use
. Vehicle sales or rental and service
. Vehic1e washing facility
. Wireless communication facility
. Wireless communication facility, amateur radio antenna
Blue Marlin Development Agreement Modification MI-06-008
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006
d) That all future buildings on the subject property will be required to submit a
Certificate of Zoning Compliance (CZC) application prior to construction. And all
future buildings adjacent to Eagle Road and Ustick Road will be required to obtain
Design Review approval prior to construction."
. Section 5 - Conditions Governing Development of Subject Property
This section of the recorded DA sets forth additional conditions and restrictions for the
property.
Section 5.A of the recorded DA currently states:
"A. Adopt the Special Recommendation of the Planning & Zoning Commission as follow:
1. Delete Annexation and Zoning Site Specific Condition #3, page 8, of the 11/03/03
staff report in its entirety
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston
H. Moore will enter into a Development Agreement (DA). This DA will require
either a conditional use or a planned development application be submitted to
the City of Meridian prior to future development. (Per action of the City Council
taken at their March 23, 2004 meeting, eliminate the word subdivision so that
the Development Agreement would require either a conditional use permit or a
planned development)
3.b. A conceptual master plan will be submitted with the planned development
application or if the project is phased, a site specific plan will be submitted (Per
action of the City Council taken at their March 23, 2003 meeting, eliminated the
word "for" and replaced it with the word "or".)
3.c. Any future plan, whether a planned development or a phased project shall
show a continuous public or private road system that goes from Ustick Road
north and may connect to the north boundary and may also connect to Eagle
Road, State Highway 55, if allowed by lTD. The Developer shall provide further
detail with the application for either a conditional use pennit or a planned
development for a roadway system within the project, as well as to how the
traffic is going to be moved throughout the development, and such roadway
system shall be consistent with the ITD and ACHD. (Per action of the City
Council taken at their March 23, 2004 meeting by providing an additional last
sentence pertaining to the roadway system within the development.)"
Staff. through the applicant's submittaL is proposing to replace the above-mentioned
Section 5.A of the DA with the following:
"A. All future uses on proposed lots or parcels within the annexation area shall be
required to comply with the amended Section 4 of the Development Agreement and
the City's Unified Development Code."
Blue Marlin Development Agreement Modification MI-06-008
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006
"B. Any future plan, whether a planned development, subdivision, or a phased project
shall show a continuous public or private road system that goes from U stick Road
north and may connect to the north boundary and may also connect to Eagle Road,
State Highway 55, if allowed by lTD. The Developer shall provide further detail
with the application for either a conditional use permit, planned development or
subdivision for a roadway system within the project, as well as to how the traffic is
going to be moved throughout the development, and such roadway system shall be
consistent with the ITD and ACHD."
"C. Five pedestrian walkways that connect the lots adjacent to Eagle Road and the main
shopping area shall be included with this development. These walkways shall be
generally located as shown in the submitted Master Site Plan and shall be
distinguished from the yehicular driving surfaces through the use of pavers, colored
or scored concrete, or bricks. The walkways shall be constructed prior to
occupancy of any adjacent building."
"D. Three public/pedestrian gathering areas shall be generally located as shown in the
submitted Master Site Plan. These gathering areas shall be constructed of wood,
brick, stucco or other similar materials and shall provide a minimum of 400 square
feet of covered gathering space. The gathering areas shall be constructed prior to
occupancy of any adjacent building."
"E. Exclusive of any public street or driveway stub, a 25 foot wide landscape buffer
designed in accordance with UDC 11-3B-9 shall be constructed adjacent to Jasmine
Lane along the northern boundary of the subject property (including pads 21-24 and
the Family Center as shown on the Master Site Plan). This landscape buffer shall
include a berm and six foot solid fence. In addition to the landscape buffer, trash
compactors or loading docs shall be prohibited along the north side of any future
buildings located along the northern boundary of the subject property. "
"P. The west elevation of buildings located on the east side of the proposed North
Centre Point Way (buildings designated as A, C, F, G, H, K, L, M on the Master
Site Plan) shall contain architectural elements and enhancements including but not
limited to, variations in the materials, colors, and facades that help to soften the
appearance of these westerly elevations which are visible from, the proposed public
street, North Centre Point Way. These variations shall account for a minimum of
20 percent of the fayade. All trash compactors, docks, or loading areas along these
elevations shall be fully screened."
"G. Buildings identified on the Master Site Plan as Retail A, C, H, K, M shall have
architectural elements and landscaping features that break up any long fayade or
wall that faces a main drive aisle or parking area. These architectural elements shall
include at least two changes in materials or colors, and some modulation in the
fayade, including but not limited to, columns, cornices, extrusions, or other
architectural enhancements. "
Blue Marlin Development Agreement Modification MI-06-008
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24. 2006
"H. Future buildings along the western and northern property boundaries (pads 9-18,
21-24 and the Family Center) as shown on the Master site Plan, shall not exceed 35
feet in height."
Starf recommends that an amendment to the recorded Development Af!reement for Blue Marlin be
approved as proposed bv City Staff above.
2. LOCATION & SURROUNDING USES
The subject property is located on the northwest corner of Us tick Road and Eagle Road, in Section 32,
Township 4 North, Range 1 East.
The following uses surround the subj ect property:
North - Single-family homes, zoned RUT in Ada County
South - U stick Road and proposed commercial development, Sadie Creek Promenade, zoned C-G
West - Champion Park Subdivision, zoned R-8, C-N and C-G
East - Eagle Road and Smitchger Subdivision, zoned C-G
3. OWNER OF RECORD
The property owner of record is Winston H. Moore.
4. PROCESS FACTS
a. Miscellaneous applications are not currently addressed in Title 11 ofthe Meridian City Code.
It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will in fact require a public hearing before the City
Council.
b. Newspaper notifications published on: October 2 and October 16, 2006
c. Radius notices mailed to properties within 300 feet on: September 29,2006
d. Applicant posted notice on site by: October 14, 2006
e. Section 4.2 of the recorded Development Agreement for Blue Marlin currently states:
"No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement."
5. RECOMMENDATION:
Staff recommends that an amendment to the recorded Development Agreement for the Blue Marlin
Annexation (see AZ-03-025) be approved, as noted in Section 1 of the Staff Report above. Staff
further recommends that the Mayor and City Council direct the Legal Department to draft an
amendment to the Development Agreement for Blue Marlin that includes the modifications listed
herein that includes a copy of the submitted Master Site Plan and Pedestrian Gathering Areas
Exhibits, and that the current Owner/Developer, Mayor and City Clerk sign and then record said
document.
Exhibits:
1) Master Site Plan
2) Proposed Pedestrian Gathering Areas
Blue Marlin Development Agreement Modification MI-06-008
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006
Blue Marlin Development Agreement Modification MI-06-008
Page 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006
Exhibit 1 - Master Site Plan
1----'-"-'-r-.-------r---j
""rI'!:1 i l'IlDZ!! I P"iIIIll:t : III1D h
;l1,U\ H. I !._I" i ~llr. ! ~tAt~r,
~$ ...,.-...'"' '\\\I i i i
W ~:::,,:, r 0......;...... I
W lfj) ~ ~~~
, ~ $$ $ ,
~ ~il ~ """}'
\~..-.._------ .. .d~-..---=::~-.'
-'I -, .....'.1 - 'lIllll l!lI
i ' ~ ~.,* ~ '" j'
, PAD '7 _ '.UI~ I'
1 ~,i~.:I' . ,
I . .;. . '].; .
· -" · ~., II II 8t:1. ....
~"_"____"I ~ ~ ~ ta ': U,"""
i '" ':f~ ....." ~~..1~... 1\':1;;',( : :......_..____."
, " I ,~H W~ I ._,..L''':'::il;.~~'.'. - .
i ~,,,.., ':5' -.- -, _,_ ..... w,
~-----____. :~" "'"'" J I ~~: Mi'.:,
i '~~ ",." -~ $J IU: :ll1l i&.
! ,!;~\', z~ - $ ~ ww ~ ~_.._..__._.
, \!' u u iJ:l>b $ w'
L--__._.._.. . . iiJ 1i;/ * ~ til ~ '
! ': i . ~ ~ .,~ ~ ~' ~;~'~'~I"
: ~\', ,~ . ~ $ ~~ ~ -~'
i , ~" ~_~~'----
~~y-,"-W
'''''''!1 " ,
~-----~--
, a_.~"_ 0 ,~ I.l ~ ~ ~
:. : u ~ vU$ IliJ
,------", ": v ll\I v .,j $.ll;l
~, IIV W u;J r~ ~ I',\(I~
~ i ~ KOtn:S;!J'.: ~- ~ ~ ~ : '~ "."..
! - . v. vv .
: ::':f. ,~ _~ ._.. y ~ ~v '~
~, ;iil 'm'1Jl,r-M, .. , _ ~.;.;J:i
a l!al5t UliIttck R,...o
~
~Xl~~ ;..
],
~
'"
a
~'$E _ "
~ ......._,.~ ...._..~
1m
CentrePoint
MARKETPLACE
Moridian Idaho
~~ "",",,,,,,,,
. W,H. MOORE 1I.li..... II) Ill:'ll,
(:'IY., PAN '( '!IIII_I.;I.I'II"
.... ~..ai.lj.o.;..~- w,,"',"jllI1.."I~..1I.LI~n
1,11""'''.......'..:
Exhibit I
Page I
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006
Exhibit 2 - Proposed Pedestrian Gathering Areas
~
~~~
~''"-
~!
\.)
<.
Exhibit 2
--'
III
11.1
I-
,ll
IU
lOCI
['0
,lI ~
X W:,
'1 0
L~_~_
--'
IU
IU CI
l-IJ
III 0
~~
?~
!:!II
X. ~ :I~
'l III III
z
:Y.
=>
--'
o
\j
Y..
\j
ii'
OJ
(~ ~
T J
t-f--- ',:~:~ 'F~t
@---"]' -~~~~~~~~~~~~~~
" ~1~~~~~~~~~~~~~~~
L ::j: - .. --- _n - ." - . .-- ,- ... -.- -'Tl: .:..1
. ~~~~~~~~~~~~~~~~~
/,-,~ 9 c:Etff==::~=:::==;::-==fm:::J
\.~) --1'1 --~===========~::J
fD)~
((, I. \J
\~ ..;? z
z
0
i=
<(
>
W
....J
W
...J
<(
() Cl
0: ,
>- "
d:\
t- :::,
/;i['-, ~
f/ ]oc
\~-:) ~
z
<(
...J
a..
l::I:
0 ()
0 I
'--
....J "
d:\
u.. '-
Page I