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Home My WebLink AboutPackard Estates Dev MI 02-011 December 2, 2002 MI02-011 December 5, 2002 MERIDIAN PLANNING & ZONING MEETING APPLICANT Packard Estates Dev., LLC ITEM NO. 6 REQUEST Public Hearing - Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact - south of East Ustick Road and west of North Cloverdale Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: See attached Comments No Comment "Ok per Meridian Water Departmenr "No Comments" "No Comments" '12.U{9WIPUrU',l 4jprtJi/af +0 2fL 3-{ See affached Comments "We have No Objections to this Proposal" INTERMOUNTAIN GAS: OTHER: See attached letter from Ringed Clark Chartered Lawyers Contacted: Date: 12-2-0'2 Phone: :395.0uw Materials presented at pUblic meetings shall become properly of the Cify of Meridian. MAYOR Robert D. Come HUB OF TREASURE VALLEY A Good Place to Live ? ~ L (amWl. J2-~06 -02, J-kv"" ILo. &, CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City CIOJk Office Fax (208) 888-1218 DEPARTMENT (208) 884-5533 . FAX 888-<;854 MEMORANDUM: December 5, 2002 To: Mayor and City Council Planning & Zoning Commission From: Brad Hawkins-Clark, Interim Planning Directo~~ Bruce Freckleton, Senior Engineering Tech ~ Re: Request for Change of Area of Impact for 75.80 Acres by Packard Estates Development, LLC (File No. MI-02-011). We have reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY & BACKGROUND The Applicant, Packard Estates Development, is proposing to amend the Area of City Impact boundary between the City of Meridian and Boise City. The request is to remove the subject 75.80 acres from the City of Meridian's area and be added to Boise City's area. There are five (5) separate parcels involved in the application, all currently under separate ownership. A Purchase and Sale Agreement, with Packard Estates listed as the buyer, was submitted with the application. The parcels are currently in Ada County and have contiguity with Boise City on the north, but not with Meridian's corporate limits. According to the Applicant's 10-8-02 cover letter, Boise City has extended sewer down Ustick Road and Cloverdale Road and a sewer trunk line is currently being installed across the 20 acre parcel abutting the east boundary of the subject parcels. City of Meridian domestic water is currently in N. Eagle Road at the boundary of Stokesberry Subdivision, and in Ustick Road, approximately 450 feet west of the Duane Drive intersection. Sanitary sewer will be available to the east side of Eagle Road/SH 55 at the Leslie Drive intersection by May 1, 2003, which could be extended east to serve the subject parcels. At their September 3, 2002 Pre-Council meeting, the Meridian City Council briefly discussed the subject request to be removed from Meridian's Area of Impact. The Council recommended the Applicant submit a formal Miscellaneous application. However, the Commission has not previously reviewed the proposal. Idaho Code 67-6526 and Meridian City Code 1-11 establish the basis for Area of City Impact negotiations and renegotiations. Before an Area of Impact can be adjusted, the P&Z Commission of a city must make a recommendation to the governing body and, subsequently, the two MI.02.00.'5 CavenAOI.mi Mayor and Council December 5,2002 Page 2 governing bodies must meet to negotiate or renegotiate the boundary. If an adjustment is proposed by a private party, the City of Meridian requires applicants to submit a Miscellaneous Application. This application is necessary to meet State Code and City requirements for change to the Area of Impact and begin the renegotiation process with Ada County. All such applications must meet the same notice and hearing requirements as other development applications within the City. LOCATION The subject properties are located approximately y.. mile west of Cloverdale Road and soulh of Ustick Road, within Section 4, T.3N, R.IE. OWNERS OF RECORD Based on Ada County Assessor records (as of October 2002), the five (5) subject parcels are currently owned by the following parties: · Virgil H. and Anna Lee Smitchger (parcel S110412100) . The Ustick 36 LLC (Parcel 81104121200) · Archie Wood (Parcel R5713503000) · Melvina & William Grant (parcel R5713500920) · Jim V. and Erma Jean Mittleider (parcel R57130I 750) SURROUNDING PROPERTIES North - Providence Place Subdivision, zoned Rl C (Boise City), and undeveloped parcels (Boise City Area ofImpact) South - Clover Meadows Subdivision, I-acre lots, within Meridian's Area of Impact, zoned RUT (Ada County) East - Briarwood Subdivision, I-acre lots (Boise City Residential) and large, undeveloped parcels (Boise Area ofImpact) West - Perkins Brown Subdivision, 1.5 to 2.5 acre lots, zoned Rl and RUT (Ada County) and other rural residential, unplatted parcels within Meridian's Area ofImpact (zoned RUT) APPLICATION FINDINGS Meridian City Code (MCC) does not provide any required findings for Area of City Impact Change requests. MCC 1-11-2 does cite the three (3) factors to consider when defining an Area of City Impact. These are as follows: A. Trade area; B. Geographic factors; and C. Areas that can reasonably be expected to be annexed in the future. While Idaho Code 67-6526 cites these as factors when detennining a city's Area ofImpact (in the broader sense), they can be considered for individual applications as well. In terms of Trade area, it could be argued that since three of the four comers at the U stick/Eagle intersection are MJ-Ol-011 PackardAoflrnp.mi,doc Mayor and Council December 5, 2002 Page 3 within Meridian's Area of Impact (all designated for regional mixed use), the dominant commercial trade in the immediate vicinity will be within Meridian's future taxing district. While Cloverdale Road is the nearest north/south arterial to the subject parcels (114 mile), it is anticipated that Eagle Road/SH 55 (3/4 mile distance) will, at build out, offer a higher degree of retail services than Cloverdale. Additionally, the Meridian Crossroads Shopping Center serves as a regional retail destination, including this area which lies less than two miles to the north. Geographically, all of the land on the south side of Us tick between Eagle and the 'I. mile line west of Clover dale is within Meridian's area, as is the land on the west side of Eagle Road for a V. mile north of Ustick. Arguably, this land section and contiguous sections fall within an interface area where Boise City and the City of Meridian already merge. There is no defining geography to distinguish between the jurisdictions in this area. In terms of the reasonableness of annexation, the land could be immediately annexed by Boise City since their corporate limits are contiguous to the north. On the other hand, it is "reasonably expected to be annexed" into Meridian, depending upon the path of annexation and how property owners choose to sell and/or develop to the west and south. Given the extension of Meridian's South Slough sewer trunk within the next six months and the development this will likely attract to the east side of Eagle Road/SH 55, a path of annexation is anticipated to be more likely and possible to achieve. In summary, two of the above findings (A and C) can be found in favor of the City of Meridian while "B" is a neutral finding. ADDITIONAL CONSIDERATIONS Another important factor to consider is the ability to serve the property with urban services. Until recently, the Public Works Department could not provide specific estimates of when the South Slough Sewer Trunk extension might serve this area. However, this sewer project is currently under construction, and should be completed by late Spring 2003. Domestic water is already in Ustick Road abutting the parcel. So, assuming the South Slough project maintains its timeframe, the primary roadblocks to development of this property within Meridian would be obtaining a path of annexation and route for bringing the sewer to the site from Eagle Road. Public Works Department staff from Boise City and the City of Meridian have been in discussions recently to consider a single adjustment to the our common impact area line. The discussions have centered on each jurisdiction's ability to provide services to the parcels along the common line. Staff proposes a single adjustment to the impact area with mutual agreement from both municipalities. The Applicant's 10-8-02 cover letter states that the current impact boundary was placed "without consideration for the boundaries of common ownership." Staff want to clarify that the existing boundary at V. mile west of Cloverdale Road has been in place since 1993, when the City of Meridian's Comprehensive Plan Future Land Use Map was adopted. To Staff's knowledge, this is the first application to amend the Area ofImpact boundary in this location. MI-Oz.oII Po.ckardAolImp.midoc Mayor and Council December 5, 2002 Page 4 STAFF REFCOMMENDA nON Staff recommends denial of this request for a change to the Area of Impact based on the above discussion. The majority of land within the proposed Dunbar Estates lies within the current City of Meridian Area ofImpact. Staff does not find strong evidence presented within the application to justify removal of75 acres from Meridian's area. While development may require some delay as compared to development within Boise's Area of Impact, the City will be able to offer services to this section within the required ten (10) years, as stipulated by Ada County. MI-02-011 PackllJdAOfImp,midoc / MWOR J.'1""lrti~':~ Robert D. Cmrie ..' ......1Vt:, ~~ /CITYOF l!!~J::.: ,'/1,. '. CITY COC~CIL MEMBERS \....../VI endian'.-,,;'\,, Tammy d~Weerd ~ IDA.HO \~ William L. M. Nary (C ~ r I Cherie tvkCandJess Keith Bird ' . -. R ilU",''''''V>~~''/ _ .'1903 LEGAL DEPARTMENT (208) 288-2-1.99' Fax 288-2501 PARKS & RECREATION (~08 888-357lJ. FJX 898-5501 PUBLIC \VORKS (208) 898-5500 'F~x 8!::l7-12lJ7 BUILDING DEP,~RTMENT (,.:!.08)8.87.22l1.Fl:(~~7-t21)7 PLANNING :\:"-JD ZONING ClO:l,) ~8..t-5533' Fax R~8.-())i,s'\' TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office AlIn: Will Berg, City Clerk, by: November 28, 2002 Transmittal Date: October 22, 2002 Hearing Date: December 5, 2002 File No.: M102-011 Request: Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact By: Packard Estates Dev., LLC Location of Property or Project: south of East Ustick Road and west of North Cloverdale Road David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, CIC Cherie McCandless, CIC Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Your Concise Remarks: Fire Department '7kt: //(er);..fi~ A/;~ Police Department /I.,~ "'i"~)k..../~. City Attomey City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway District Community Planning Assoc, Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power CO, (FPIPP only) U,S. West (FPIPP only) Intermountain Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department (No FP) Ada County (Annexa&on only) h.c:;:>...r-./_e.<J ~s /U-f 9o/'''S<L r'4,,;-h ~. '1''''''"''-- h/2J:;/02- v RECEIVED NOV 2 6 2002 City of Meridian City Clerk Office 33 EAST IDAHO' MERIDIAN. IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 RINGERT _CLARK CHARTERED LA WYERS City of Meridiall City Clerk Offiee Laura E. Burri Jeffrey R Chrislenson David P. Claiborne D. Blair Clark Mlcl1ael J. DoolitUe S. Bryce Farris D<lvid Hammcrquisl Charles L. Honsinger Joseph B. Jones James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Steenson :\lIyn L Sweeney RECEIVED NOV 2 6 2002 November 26, 2002 William F. Ringert. of Counsel Samuel Kaufman (192 J" 1986) Meridian City Clerk's Office ATTN: Will Berg, City Clerk 33 E. Idaho St. MeridillI), Idaho 83642 RE: Request to Remove Certain Parcels in Dunbar Estates Subdivision from City of Meridian's Area ofImpact Meridian City File No. MI-02-011 Dear Mr. Berg: This office represents Jim V. and Erma Jean Mittleider, owners of real property located at 4075 Granger Street, Meridian, Idaho 83642-5811. This real property is tax parcel R5713501750 and is approximately 5 acres in size. This property is in the Ada County RUT Zone. It is our understanding that Packard EstatesDev., LLC (Applicant) has filed an application to remove the real property owned by our clients from the City of Meridian's Area ofImpact. A hearing is scheduled for December 5, 2002 at 7:00 p.m. at Meridian City Hall. The purpose ofthis letter is to provide written comments of a party interested in this application. Such comments are due by November 28, 2002. Please ensurethat these comments.are considered by the Meridian Planning and Zoning Commission before the scheduled hearing. It is our understanding that only a "property owner or a person who has existing interest in property" can initiate action to amend the designation and zoning of property included within the Comprehensive Plan for the City of Meridian. See Meridian City Code 9 11-15-2(A)(3). The Applicant has included property owned by our clients in its application It appears that this is improper and clear error. The Applicant is not the titled owner of the above-referenced tax parcel. Nor does the Applicant have any ownership interest whatsoever in the above-referenced tax parcel. This property is owned exclusively by our clients. The Mittleider's, as the sole owner of the parcel, free of any interest of the Applicant, hereby object and protest to the removal of tax parcel R5713501750 from the City of Meridian's Area ofImpact. 455 South Third Street. P.O. BOx 2773 . Boise, tdaho 83701 . 208/342-4591 FAX 342-4657 Our clients desire that their parcel remain in Meridian's area of impact, as they would prefer incorporation into the City of Meridian to incorporation into the City of Boise. Our clients, or their representative, will appear at the hearing to voice their concerns, as expressed herein, and to reiterate their desire to remain associated with the City of Meridian. We appreciate your careful and considerate attention to these comments. Should you have any questions or concerns regarding this matter, please feel free to contact me. Very truly yours, T CLARK CHARTERED ?/lI cc: Jim and Erma Mittleider Packard Estates Dev., LLC ! ",.;4~i", . AC~ Ada County Highway District David E. Wynkoop, President Dave Bivens, 1st Vice President Judy Peavey-Oerr, 2nd Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner 318 East 37th Street Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHO.ada.id.us TO: c. October 31, 2002 Packard Estates Development LLC 6223 N. Discovery Way, Suite 120 Boise, Idaho B3713 RECEIVED NOV - 6 2002 SUBJECT: MMI-02-011 Remove tax parcesl from the City of Meridian's Area of Impact SW of Ustick Road and Cloverdale Road City of Meridiar. City Clerk Office The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above and is submitting this no review letter in response to the lead agency's request for comment. Based on the submitted information, it has been determined that the proposed development will generate less than 10 additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement requirements attributable to this application. ACHD policy states that no site related improvements will be required for developments generating less than 10 additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of- way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. Please contact the office for determination of possibie road impact fees, prior to obtaining a building permit. These fees are coliected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, pi ease feel free to contact me at (208) 387-6170. Sincerely, ('y" 'CL.- ~ . , . )L:w-> ~e:t;;lpment Ana)y;t Planning & Development Cc: Planning & Development/Chron/Project File Planning & Deveiopment Services City of Meridian Construction Services .0 I I ! . 0 I t L Il 11 g -= 0 I _ t= I f= __ I- - I-- I-..-{ '5= ~ ~H~ 0 0 I1<0r 0 --.-I z.... D~ ~ IU I en 0 . I 0 - .....~I - ---' (ffi - !- - e- N- =:=J - 0 = 0- - 0 N~~ g- I 0 "11_r-...... I ..- I :g -":O:L .... ) \.-- - - ~ ~ fL . ../ 1lj - - - "1Jr - L L 7 I-- I-- ,...- I J H}~:(i - 1 ==i "1 -----' ~ CLOVERDALE RD / - J I ( ~I I g ::;: ~+z ttl PUBLIC HEARING SIGN-UP SHEET DATE December 5,2002 PROJECT NUMBER MI 02-011 PROJECT NAME Packard Estates Dev. LLC / Dunbar Estates NAME FOR \ ~ <kev- ~CEIVED DEe - 5 2002 CITY OF MERIDIAN