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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 STAFF REPORT Hearing Date: August 7, 2008 TO: Planning & Zoning Commission E IDIAN~--- I~AHO FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Kartchner • CPA-08-006 Comprehensive Plan Map Amendment to change the land use designation on 11 acres of land from Mixed Use - Waste Water Treatment Plant to Office (2 +/- acres) and Low Density Residential (9 +/- acres), by Richard Kartchner 1. 5UNIlVIARY DESCRIPTION OF APPLICANT'S REQLTEST The applicant, Richard Kartchner, is requesting approval to amend the Comprehensive Plan Future Land Use Map (CPA) by changing the land use designation on 11 acres of land from Mixed Use - Waste Water Treatment Plant to Office (2 +/- acres) and Low Density Residential (9 +/- acres). The property consists of two tax pazcels located at 4315 and 4325 N. Ten Mile Road, on the west side of N. Ten Mile Road, approximately 1/3 mile south of W. McMillan Road. The parcels aze currently zoned RUT in Ada County and are within the City's Area of Impact and Urban Service Planning Area. The applicant has not submitted any development applications (AZ, PP, etc.) but has submitted a conceptual site plan showing how the property may develop in the future with 17 single-family residential building lots, 1 commercial office building lot with 4 office/retail buildings, and 1 common area lot. Access for the site is proposed from a public street via a full-access driveway to/from N. Ten Mile Road. No development is proposed at this time. 2. SUNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA application below. After cazeful review, Staff has determined that allowing an"Office" and "Low Density Residential" future land use map designation on the subject property would not be in the best interest of the City due to the proximity of the waste water treatment plant. Staff is recommending denial of the proposed CPA application per the Analysis in Sections 8 and 10, and the Findings listed in Ezhibit C of this staff report. Per ldaho State Code, Title 67, Chapter 65, the Commission may recommend amendments to the land use map component of the Comprehensive Plan to the governing board only once every six (6) months. The Commission should note that there are several other CompYehensive Plan Map Anzendments (9 total), also scheduled be heard on August 7, 2008. Staff anticipates that additional time may be necessary to make it through all of the CPA applications. Therefore, if the Commission is inclined to make a favorable Yecommendation of the subject CPA application, Staff is recommending that this application be continued to the hearing date of August 14, 2008, in hopes that recommendations on all the CPA applications can occur at that one time. Kartchner CPA PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 3. PROPOSED MOTION Recommend Denial I move to recommend denial to the City Council of File Number CPA-08-006, as presented in the staff report for the hearing date of August 7, 2008, for the following reasons: (you should state specific reasons for denial.) Continuance I move to continue File Numbers CPA-08-006, to the hearing date of August 14, 2008, for the following reason(s): 1) to allow time to forward on a comprehensive recommendation to the City Council on all of the Map amendments requested and 2) you should state other specific reason(s) for continuance, if appropriate. Recommend Approval I move to recommend approval to the City Council of File Number CPA-08-006, as presented during the hearing on August 7, 2008. 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 4315 and 4325 N. Ten Mile Road, on the west side of N. Ten Mile Road, approximately 1/3 mile south of W. McMillan Road (Parcel #'s 50434142200 & 50434142110) Northeast'/o of Section 34, Township 4 North, Range 1 West b. Owners: Richard Kartchner, 4325 N. Ten Mile Road, Meridian, Ida.ho 83646 Brent Ra.smussen, 4315 N. Ten Mile Road, Meridian, Idaho 83646 c. Applicant: Richard Kartchner, 4325 N. Ten Mile Road, Meridian, Idaho 83646 d. Representative: Richazd Kartchner, 4325 N. Ten Mile Road, Meridian, Idaho 83646 e. Present Zoning: RLIT (Ada County) f. Present Comprehensive Plan Future Land Use Map Designation: Mixed Use - Waste Water Treatment Plant (MiJ-WWTP) g. Applicant's StatemendJustification (reference submittal material): "The proposed land use and homes will match the existing estate homes in the area both north and east of the property and the commercial development across Ten Mile Road. If necessary we will provide a suitable barrier between our south boundary to effectively interface with possible adjacent commercial or industrial development. This development will aid the city in the current imbalance of residential vs. commercial." See applicant's na~ative for more information. 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 Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: July 21, and August 4, 2008 c. The Public Service Announcement was broadcast faxed on: July 11, and August 4, 2008 Kartchner CPA PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 d. Radius notices mailed to properties within 300 feet on: July 14, 2008 e. Applicant posted notice on site by: July 22, 2008 6. LAND USE a. Existing Land Use(s): The subject property currently contains 2 single-family residential dwellings and associated outbuildings. b. Description of Character of Sunounding Area: The surrounding area consists of rural residential properties on large parcels and agricultural land. Offices exist to the east across Ten Mile Road. All of the adjacent properties to the south and west are designated for non-residential uses because of the proximity of the waste water treatment plant. c. Adjacent Land Use and Zoning 1. North: Single-family residential properties, zoned RUT in Ada County and R-2 (Drawbridge Subdivision) 2. East: Ten Mile Road and commercial office uses in Bridgetower Crossing Subdivision, zoned L-O and R-4 3. South: Rural residential properties, zoned RiJT (Ada County) 4. West: Agricultural property, zoned RUT (Ada County) d. History of Previous Actions: NA e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Ten Mile Road Location of water: N Ten Mile Road 2. Vegetation: There aze several eacisting trees on this site. 3. Flood plain: This property is not within a floodway or floodplain. 4. Canals/Ditches Irrigation: There are no canals or ditches of significant size that cross this property. 5. Hazards: Staff is not awaze of any potential hazards on this site. 6. Proposed Zoning: NA (The applicant is not proposing to annex and zone the property at this time). 7. Proposed Comprehensive Plan Future Land Use Map Designation: Office (2 +/- acres) and Low Density Residential (9 +/- acres) S. Size of Property: 11 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The conceptual site plan depicts access to the site from one full-access driveway to/from Ten Mile Road. A stub street/cul-de-sac is proposed at the north property boundary for access to the rural residential property northwest of the site at 3417 W. Elk Bugle Lane, owned by Kevin & Brenda Mee. No stub streets or pedestrian pathways are proposed to the south or west of the site for interconnectivity. Further, there is a private street easement that runs along the north boundary of this site. When development applications are reviewed in the future, staff will require that tWs private street be abandoned. Kartchner CPA PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 7. COMMENTS MEETING On July 18, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Sanitary Service Company, and the Idaho Transportation Department. Staff has included all comments and recommended actions in the attached Exhibit B. 8. COMPREHENSIVE PLAN CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated "Mixed Use - Waste Water Treatment Plant" (MU-WWTP) on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation 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 aze encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The following standards apply specifically to MU-WWTP designated areas: light, professional office uses; flex space uses, including light warehousing; no new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures); limited, small-scale retail uses; mini-storage uses; unless otherwise perinitted by City-adopted incentives, all developments within this designated area will require approval through the conditional use permit process. The applicant is requesting a map amendment to Office (2 +/- acres) and Low Density Residential (9 +/- acres) for the subject property. The requested "Office" designation provides opporiunities for low- impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). The requested "Low Density Residential" designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at densities of 3 dwelling units or less per acre. A planned development permit may be required for lazge subdivisions. Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA application and offers the analysis and recommendations contained herein for the Commission and the City Council's consideration. Please see Exhibit C for detailed analysis of the required findings for a Comprehensive Plan Map Amendment. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Chapter VI, Goal IV, Objective A, Action 17 (page 88) - Plan land uses surrounding WWTP to reduce human exposure to odors. Staff believes that new residential uses are not app~opriate in aYeas designated as MU-WWTP. To Yeduce human exposure to odors generated fi^om the near^by waste water treatment plant, residential land uses should be discouYaged. Fur~ther, Staff believes that a mix of commercial uses would be more appropriate in this aYea as allowed under the cu~ent future land use map designation ofMU-WWTP. Kartchner CPA PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 Chapter V, Goal III, Objective D, Action 5(page 43) - Require all commercial and industrial businesses to install and maintain landscaping. A 25 foot wide landscape stNeet buffeY will be requi~ed along Ten Mile Road, in accordance with the standards listed in UDC 11-3B-7 upon development of the site. Internal and parking lot landscaping will also be Yequired in accordance with the standards listed in UDC 11-3B-8. • Chapter VII, Goal III, Objective A, Action 1(page 111) - Ensure that adequate public services, including transportation, for existing and future development are provided. City services are cun•ently available to the subject property in N Ten Mile Road. This section of Ten Mile Road between Ustick and McMillan is not included in ACFID's Five Year Work Plan for road widening improvements; howeveY, the sections between Franklin & Cheny and Ches~y & Ustick are scheduled to be widened from 2-lanes to 4/S-lanes with curb, gutter, sidewalks, and bike lanes in 2010 and 2013, respectively. Chapter VII, Goal I, Objective B, Action 5(page 109) - Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Because of the location of this pYOperty adjacent to Ten Mile Road, an arterial street, Staff believes that commercial uses would be appropriate for this site. Further, s•ural and uYban density residential properties sun~ound or aYe in close proxirrcity to the site. Community commercial type businesses could provide set~vices in this area of the city. • Chapter VII, Goal IV, Objective A, Action 8(page 112) - Discourage residential areas in close proximity to WWTP. The subject property lies within the MU-WW'fP future land use designation within 1, 000 feet of the north property line of the waste water treatment plant. Per the Comprehensive Plan (page 103) new residential uses are not allowed within this area. This property lies within the area affected by odor and noise generated by the waste wateY t~eatment plant (see Exhibit A.4-10). • Chapter VII, Goal IV (page 112) - Encourage compatible uses to minimize conflicts and m~ximi~e use of land. Staff does not believe that the pYOposed low density residential use of the majo~ity of this property is appropriate for this site as the pYOperty lies within the MU-WW'lP designation and is within the area affected by odoYS and noise generated fYOm the waste wateY tYeatnzent plant to the southwest, per the g~-aphs shown in Exhibit A. However, Staff does believe the office uses proposed along Ten Mile Road are compatible in this area and would be compatible with the cu~ent MU-WWTP designation for this property and the existing residential uses to the north and south of the site. Staff believes the existing MU-WWTP designation is the most compatible designation for this pYOpeYty and that new residential uses should not be allowed in this aYea. • Chapter VII, Goal IV, Objective D, Action 2- Restrict curb cuts and access points on collectors and arterial streets. One full-access point to Ten Mile Road, a minor arteYial street, is depicted on the concept plan. A stub street/cul-de-sac is proposed at the north propeYty boundary for access to the rural residential pYOperty nos~thwest of the site. YYhethe~ the property is developed Yesidentially oY commeYCially, a stub should also be pYOVided to the adjacent pYOperty to the west and a pedestrian pathway (at a minimum) should be provided to the property to the south foY future Kartchner CPA PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 interconnectivity. NOTE: The property to the west only has a 25 foot wide flag out to Ten Mile, which is substandard foY development of the property. STATE REQUIItED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattem of planned growth resulting in orderly and attractive developments within the City of Meridian. The plan for this property is mix of commercial uses with no new residential uses. If new residential uses aze allowed here, the result may be an unhealthy human exposure to odors generated from the waste water treatment plant. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. Staff believes that if approved, the proposed single-family residential portion of this development would assist in contributing to the variety of residential opportunities within the city. However, Staff does not believe that new residential uses are appropriate in this area due to the proximity of the waste water treatment plant and the odors and noise it creates. This environment is not appropriate for additional residential development. d. Economic Deveiopment Meridian's economic base has been gradually shifting over the last 20 yeazs from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subj ect parcel is currently identified as appropriate for a mix of commercial uses but not new residential uses. The proposed office uses on the front portion of the site are compatible with the current MU-WWTP land use designation for the site. However, the proposed residential uses on the back portion of the site are not compatible with the MLT-WWTP land use designation. Staff believes that residential uses aze not appropriate for this site because of the nearby waste water treatment plant and the resulting odors and noise that are emitted in this area. The biggest economic benefit to the City would be if this property develops with non-residential uses. Kartchner CPA PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services. The proposed amendment and subsequent development can be served with the existing public services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Because Staff is not supportive of new residential uses on this property the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff does not believe that the proposed plan amendment would negatively impact transportation within the City of Meridian in this azea if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that future development of this property will significantly pollute or degrade the natural environxnent. Staff is not aware of any significant natural features on this site. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazazdous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas that exist on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new pazk facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes that new residential uses on this site would not be compatible with the neazby waste water treatment plant. The waste water treatment plant will continue to grow and expand. Right now, it may not be that disruptive to the adjacent residences, but there is potential for it to be more intense in the future. Staff believes that commercial uses aze more appropriate for this property as currently depicted on the future land use map. Therefore, Staff is not supportive of the requested map amendment to Low Density Residential and Office for this site. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Kartchner CPA PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the city to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that if the proposed change to the future land use map is denied as recommended by staff, that it will not result in an unconstitutional taking of private property as previously stated. 9. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to Office and Low Density Residential, the property will need to be rezoned to a zone compatible with the approved land use designation(s), prior to development of the site. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map by changing the land use designation on 11 acres of land from Mixed Use - Waste Water Treatment Plant to Office (2 +/- acres) and Low Density Residential (9 +/- acres). With the CPA application, the applicant submitted a conceptual site plan with residential building elevations showing how the property may develop in the future (see analysis below). ~thout an annexation and zoning application and subsequent Development Agr~eement, the City cannot require the applicant to develop the site consistent with the submitted concept plan. If Council appYOVes the subject CPA, the site may be developed entirely different from the plan attached in Ezhibit A.2.) If approved, the applicant intends to construct approximately 13,830 square feet of office/retail uses within 4 structures and 17 single-family residential units on the subject property, as depicted on the conceptual site plan attached in Exhibit A.2. The site currently consists of two nual residential parcels. There are existing ruuraal and urban density residential properties to the north and south of the site, and offices across Ten Mile Road to the east. Agricultural property exists to the west of the site. The surrounding properties to the west and south are designated for MLJ-WWTP uses also, the properties to the north are designated for low density residential uses, and the properties to the east are designated for office uses. Staff has spoken to the property owner to the west, and if the subject CPA is approved, he intends to seek a similar request - to develop with residential north of the WWTP. Note: The applicant has requested to change the future land use map desig~eation from MU- I~VWTP to an Office designation on the fi~ont portion of the property along Ten Mile Road. The O~ce designation would con~espond with the L-O zoning district when the propes~ty is annexed, which allows office uses as a principal per-mitted use. However, retail uses are prohibited in the L-O district. The CompYehensive Plan (page 106) states that ancillary cofnmeYCial may be consideYed (particulaYly within reseaYCh and development centers oY technological parks) in office designated areas. However, Staff would not be suppot^tive of non-offtce type uses in this area as Staff believes a transition is needed between futuYe commercial uses to the south and the Kartchner CPA PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 existing residences to the north. Staff is not supportive of the requested CPA; however, if Council chooses to approve an Office designation on this site, the applicant should note that retail uses would not be allowed in the L-O distszct. Retail uses aYe howeveY, allowed in the cun•ent 1VIU- WWTP desigrtation undeY a C-C, C-N, or C-G zoning designation. Conceptual Site Plan: The applicant has submitted a conceptual development plan showing how the site may develop in the future with 17 single-family residential building lots, 1 common area lot, and 1 commercial building lot with 4 office/retail buildings. (Note: The applicant's narrative states that 31ow-rise professionaUretail buildings are proposed to front Ten Mile Road with approximately 25 residential lots behind; the concept plan depicts fewer residential units and 1 additional commercial structure. Staff has verified that the narrative was not updated to reflect what is proposed on the concept plan; the concept plan is conect.) No development is proposed at this time. Staff is suppoYtive of the office uses proposed along Ten Mile Road but does not believe that it is necessary to amend the future land use map, as office uses are allowed in the current MU-WWTP designation. However, Staff is not supportive of the proposed low density residential designation for this site and does not believe that residential uses aYe appropriate because of the proximity of the site to the wastewater treatment plant. Additionally, Sta, fj`'is not supportive of the proposed retail uses along Ten Mile Road because of adjacent residential properties to the north; a t~-ansitional use should be provided between Yesidential and retail uses. Therefore, Staff is not supportive of the proposed concept plan. Access: The conceptual site plan depicts access to the site from one full-access driveway to/from Ten Mile Road. A stub street/cul-de-sac is proposed at the north property boundary for access to the rural residential property northwest of the site at 3417 W. Elk Bugle Lane, owned by Kevin & Brenda Mee. No stub streets or pedestrian pathways are proposed to the south or west of the site for interconnectivity. Upon development of the site, a stub street should be provided to the pYOpet•ty to the west and at a minimum, a pedestrian pathway should be provided to the pYOperty to the south for inteYCOnnectivity. Further, the existing private stYeet that tYaverses the noKh property line should be abandoned. Building Elevations: Two-story residential building elevations are depicted on the conceptual plan submitted with the subject CPA application. No building elevations were submitted for the office/retail buildings. Staff is suppoYtive of the residential elevations shown, as they aYe attractive and Yepresent quality construction. HoweveY, this is not the appYOpriate location for those homes. No development is proposed at this time and future development cannot be tied to these elevations with the subject CPA application. Landscaping: There aze several trees within the existing home sites on this property. No landscaping improvements aze required at tlus time but perimeter, internal, and common area landscaping will be required upon development of the site. Mitigation is required foY any existing trees 4-inch caliper or greateY that are.Yemoved fYOn2 the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement, per the standards listed in UDC 11- 3B-IOC. Adjacent Residential Uses Affected by Odor: According to the Wastewater Treatment Plant OdoY and Noise Assessment, residences in Drawbridge Subdivision to the north; Bridgetower Crossing and Hartford Subdivisions to the east and south across Ten Mile; and Klamath Basin, Dakota Ridge, Englewood Creek Estates, Candlelight, Staten, Parkwood Meadows, Wilkins Ranch, and Willcins Ranch Village Subdivisions across Ustick Road to the south, aze also within the azea affected by odor from the WWTP. However, all of these subdivisions are outside of the MU-WWTP designated area on the comprehensive plan future land use map and were approved prior to the Odor and Noise Assessment prepared in 2004. Staff believes it is not prudent to approve more residences within this area that is known to be affected or will be affected by odor Kartchner CPA PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 and/or noise with future expansion of the WWTP. Wastewater Treatment Plant Odor and Noise Assessment: The City of Meridian had an odor and noise assessment prepared for the wastewater treatment plant (WWTP) in 2004. The assessment, prepared by Carollo Engineers was intended to assist with evaluation of development proposals in the surrounding area. This study designated a buffer zone approximately 4,000 feet around the WWTP property line that is designated for Mixed Use - Waste Water Treatment Plan (MU-WWTP) uses on the Comprehensive Plan Future Land Use Map. A variety of commercial uses are allowed in this designation; however, new residential uses are prohibited (see Section 8 above). This buffer zone is the area that the study determined is affected, or may be affected in the future upon expansion of the plant, by odors and noise created by the operation of the WWTP. Odor: A summary of acceptable odor control performance standards for Level 1 and Leve12 is attached in Exhibit A.4. This summary shows examples of generally acceptable ranges for odors from WWTPs in relation to different surrounding land uses. Level 1 odor control and treatment will address the priority odor sources to improve perception of the WWTP. Level 1 effectively reduces the area of odor impact on outlying developments. However, even with Level 1 improvements, there are existing residential developments outside of the current MLT- WWTP zone that potentially may experience peak odor concentrations or a frequency of odors that could result in complaints. Leve12 will provide containment and treatment for high priority and lower priority WWTP odor sources. Level 2 will reduce the frequency of detectable odors nearly up to the WWTP fence line, well within the MU-WWTP zone. This degree of odor containment and control may be more compatible with public land use or residential development closer to the WWTP fence line. Based on these standards, Leve12 treatment provides an acceptable level of odor control for residential and commercial ret~il uses, whereas Level l does not. In Leve12, a 15-second concentration peak of less than 10 D/T (dilutions to threshold) with a frequency of 50 to 100 hours per year that is greater than 7 D/T is acceptable. (Odors are considered to be detectable when concentr°ations reach 7 D/7:) At level 1, the subject property is shown to have a peak D/T of between 26 and 50, with a frequency between 40 and 160 hours per year that are greater than 7 D/T (see Exhibits A.5 & A.6). These levels exceed the acceptable level of odor control noted above and in Exhibit A.4 for residential and commercial retail type uses. If Leve12 improvements were made at the plant, the subj ect property would have a peak D/T of between 12 and 20, with a frequency less than 30 hours per year that are greater than 7 D/T (see Exhibits A.7 & A.8). Even if Leve12 improvements were made, the peak D/T levels of odor control in this area would not acceptable for the proposed use; however, the frequency levels would be acceptable. Upon expansion of the WWTP to capacity in 2023 with no odor control in place, the subject property is shown to have a peak D/T of between 37 and 64, with a frequency between 98 and 250 hours per year that are greater than 7 D/T (see Exhibit A.9 & A.10). These levels far exceed the aforementioned levels of acceptable odor control. At this time, the City's Wastewater Treatment Plant has not been rated and is not required to be rated; it is neither a Level 1 nor a Leve12. It is unknown if or when the plant will be rated and at what level the plant will be or if improvements will be made to reach a Leve12. Noise: In the Wastewate~ Treatment Plant Odor and Noise Assessment, noise levels for the WWTP are only determined at the property boundaries and not the impact on adjacent properties. For this reason, Staff did not consider noise impacts from the WWTP to the Kartchner CPA PAGE ] 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 proposed residential and commercial development in this report. Because the odor generated from the WWTP in the area of the subject propet~y exceeds the odor contr~ol perfonnance standards noted in the Wastewater Treatment Platit Odor and Noise Assessment, Staff cannot support residential uses in this area. Further, Staff does not believe that approving the requested CPA to change the future land use designation for thfs properly from Mixed Use - Waste Water Treatment Plant to Of~"ice and Low Density Residential would be in the best interest of the City. Therefore, Staff is recommending denial of the requested CPA application based on the Findings listed in Exhibit C of this staff report and the Analysis in Sections 8 and 10. Please see Exhibit C for detailed analysis of facts and findings for a CPA. b. Staff's Recommendation: Staff is not supportive of the proposed CPA application as proposed by the applicant. Therefore, Staff is recommending denial of the applicant's request to amend the Comprehensive Plan Future Land Use Map to Office and Low Density Residential land use designations, as presented in the staff report for the hearing date of August 7, 2008. This recommendation is based on the Analysis in Sections S and 10 and the Findings of Fact as listed in Exhibit C of this staff report. 11. EI~~ITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan & Residential Building Elevations (dated: May 2008) 3. Future Land Use Map Depicting Cha.nges Proposed by Applicant (not recommended by Staf~ a. Future Land Use Map Depicting a Mixed Use - Waste Water Treatment Plant Designation for the Subject Property b. Future Land Use Map Depicting Changes Proposed by Applicant (not recommended by Staf~ 4. Summary of Acceptable Odor Control Performance Standards 5. Graph Showing Odor Control Level 1- Peak D/T Contours 6. Graph Showing Odor Control Level 1- Frequency Contours 7. Graph Showing Odor Control Leve12 - Peak D/T Contours 8. Graph Showing Odor Control Leve12 - Frequency Contours 9. Graph Showing Expanded Plant in 2023 - Peak D{T Contours 10. Graph Showing Expanded Plant in 2023 - Frequency Contours B. Other Agency and Department Comments C. Required Findings from the Unified Development Code Kartchner CPA PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-IE HEARING DATE OF AUGUST 7, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 2. Conceptual Site Plan & Residential Building Elevations (dated: May 2008) /` :. ~ ~ __~~ona o oe oooom o~~ aamaao ~ naavooasa ~ ~ ~ I ~ ~oro~io~-a~s~a¢aTtaL roaaae~-t~ i~vEC~Epi~Fi~s ~~~r~pARr gn ~ttRt2II~e s:hs:3a pPA ~ E~chibit A- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 3. Comprehensive Plan Future Land Use Map Exhibit A- 3 a. Future Land Use Map Depicting Current Designation of Mixed Use - Waste Water Treatment Plant Designation CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 b. Future Land Use Map Depicting Proposed Change to Low Density Residential and Office (not recofnmended by Staf,~ ~- 1 ~~ k ~. ~~~~~, ~~ 1; ; ; ~ ~A x ~ ----•D._-- NE :~ __ } ~ ~a ~~ _, ~1~ , ~:_ . City of Meridian Future Land Use Map e ure an ses MIW61AlIDUBHB - Commerael ~ In~strial ~ ' oflfce ~ High Densiry Readentiel 0 Medium Densiry Residerdiei ~ Low Density Residerdiel Q Old Tam ~ M6ced Use - I rderchen~ O tVw~ed use- Regic~al ~ Mbced Use- Carimuniry ~ Mbced Use- N~ghborhood M6ced Use - W~te W~er Tre~ment Pl~t r~,~~ PubliclOUast~Publlt ~./VI E~ IDAFdO Prepared bythe Meridian Plarmh~g Departrnerrc P~irR Date: July 3nth 2UU9 ~ ~ ~ ~~,~ snbject Property nnr ~F , ,_. ~ ~_ I-- _~. 1-- ,,~ ~,. ~ ~_P o '~_-'~_ ti ~ . ~: ~ `.~;~` Q . . ~ . . ~ ~.~... ~~. ~ ~',~ ~~~ ~ ~~~, : , -.~+~..w..~I --- _ .- ! ~`~ . ------ ~ r W ~ ;__ J `-. ~ ~ ~ ~C :' s~~ - ~ -- GS I~~i~ ,}l _. ~' u~ 7~dN ~~~,ii~ ~ ~ ~ ~ ~. i P~ `-~ ~-~ ~ :, ~ ~' ~.q~~ ~ ~ GR~~i~~l~~~ ~~~ •.~~ ~. ~ ~`p,-h,"`~F,t~ '~~~ ~l~i'~'~, ~4Z,,,`icl~`~,;',,,•, ~: i~ ~ }' i i~~ - M a~ ~~ ~t-i-oCr Exhibit A- 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 4. Summary of Acceptable Odor Control Performance 5tandards Revieuv and selection of odvr treatrnent systems or ~iofi~tration media writl be done dur~ng the preliminary design. The cflst estim~tes are inclu~ded f~r reference in Apper~dix C. 5.4 SUI~IIIIARY As the City of IV~e~dian WWTP expands to the proje~ctted capacity in 2023, the sources flf a~ior~ and it~e potenti~l for public co~plmints may incre~s~e. WWithout c~ntrainment ~nd treatment of the fout air, detectable Qdors may project beyand the cuRent V1lastewater Tre~tment - Mixec~ Use zone. Base~d on literature search and interviews with public age~cses, exarnples of generally aceeptable r~nges for odors from WWTPs, in relation to different surrounding land uses are sumrn~rized in Table 5.4. Odors are described in terms of the peak, 15-se~ond, threshQtd cr~nc~ntration (D/T) ~nd the frequen~c}r at arhich "nobc~eabl~e odors° greater than 7 D/T will be detected. Tab~e 5.4 Acc~eptable Odor Control Performance Stanclards Odor and Noise Asae~sment ~onc8ntr~aticn Freq~ency (hours/ye~r) Land Use Peak DIT ~95-s~ecflnd) Greater Than 7 D!T Industri~l L~evel I 20 to 50 9U0 Cormr~e~cial Wllarehouse Residenti~a L~vel II L~css ttaan 10 5fl to 900 Cor~r~ae~cial Retail L~ev~l I s~dor oontrol arad tr~a~erit will address tfie pri~orit~+ ~or s~~rces t~ impr~ov~ ~er~e~taon of the W1fWIrTP. ~evel I od~ar control e~fe~iveDy r~ed~uces ~e area of odor ompact on th~e outlying devgl~pr~ents. H~~,-ever, the a~ispersi~on ~n~del pa~~edicts that ever~ -with the L~;vel I impr~verruents, tbeTe t~~e existing r~esidenti~l dsv~el~npments ~utsi~1e fihe cument Wast~eve+ater Tr~eatrnent M~c~ed-Use Zo~e tfi~at potenfiial8~ ~nay ~ex~enen~ pe~ak odor c;+~r~ceritr~~i~ons or a freq~uency of odc~rs th~t ~uld ~e~~V~ an omrrop8a~ints_ Any ~ee-e0o~ament S~ptem~er 200~ 5-95 r~:~ ~ ~~sse~o oc~.or ~t~eoni~no~ s.~c E~chibit A- 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 Exhibit A- 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 5. Graph Showing Odor Control Level 1- Peak D/T Contours Exhibit A- 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 6. Graph Showing Odor Control Level 1- Frequency Contours Exhibit A- 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 7. Graph Showing Odor Control Leve12 - Peak D/T Contours E~chibit A- 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 8. Graph Showing Odor Control Leve12 - Frequency Contours Exhibit A- 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 9. Graph Showing Expanded Plant in 2023 - Peak D/T Contours Exhibit A- I 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 Exhibit A- 12 10. Graph Showing Expanded Plant in 2023 - Frequency Contours CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 B. Agency and Department Comments 1. FIRE DEPARTMENT 1.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 1.2 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants sha11 be placed per Appendix D. 1.3 CONIl~~RCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 1.4 CONIlV~RCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Ezception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire appazatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 1.5 One and two family dwellings not exceeding 3600 square feet will require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as sp~ified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 1.6 Fina1 Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4%z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4%z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or e~sting hydrants for all new construction or additions to e~sting buildings within 1,000 feet of the project. 1.7 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 1.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 1.9 The roadways shall be built to Ada County Highway Standatds cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accoxnmodate an imposed load of 75,000 GVW. Exhibit B- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 1.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound the perixneter of the building. 1.11 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 fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officia1. 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). 1.12 There shall be a fire hydrant within 100' of all fire department connections. 1.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 2. ADA COUNTY HIGHWAY DISTRICT 2.1 Site Specific Conditions of Approval This application is for a comprehensive plan amendment only. Listed below are some of the requirements the Districct may administer when it reviews this site with a formal development application (additional policies may be considered with a speciftc redevelopment application): 2.1.1 Dedicate additional right-of-way to meet the 48-feet from centerline along Ten Mile Road abutting the site. 2.1.2 Construct a 5-foot detached concrete sidewalk along Ten Mile Road that ties in with existing sidewalk to the north. 2.1.3 Construct a public street with a 33-foot street section including curb, gutter, and sidewalk. Provide written fire department approval for the reduced street section. 2.1.4 Construct 6-foot wide islands and 21-feet street section on each side with curb, gutter, and sidewalk as proposed. 2.1.5 Construct one turnaround to the west with a minimum turning radius of 45-feet. Landscape and parking islands may be constructed in turnarounds if a minimum inside curb radius of 28-feet, and a minimum outside radius of 45-feet are provided. The pavement width shall be sufficient to allow the turning around of a standard AASHTO SU design vehicle without backing. 2.1.6 Construct a stub street to the west located to provide future connectivity and access to the 40 acre undeveloped pazcel. 2.1.7 Comply with all Standard Conditions of Approval. Staff recommends that the applicant and/or representative schedule a pre-application meeting with District Staff prior to design and submittal of a formal development application. 2.2 Standard Conditions of Approval 2.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. Exhibit B- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 2.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 2.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 2.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 2.2.5 Comply with the District's Tree Planter Width Interim Policy. 2.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 2.2.7 All design 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 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 2.2.8 The applicant shall submit revised plans for stafF approval, prior to issuance of buildi.ng permit (or other required permits), which incorporates any required design changes. 2.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.2.10 Payment of applicable road impact fees are required prior to building construction in accorda.nce with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 2.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair eacisting utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 2.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confumation of any change from the Ada County Highway District. 2.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B- 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 C. Required Findings from the Unified Development Code 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: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff finds that the proposed change to the Future Land Use Map is not consistent with elements of the Comprehensive Plan that prohibit new residential uses in the MLT-WWTP designated area. See sections 8 and 10 above for more details. b. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds that the proposal to modify the Future Land Use Map to allow for residential uses would not be compatible with the waste water treatment plant to the south due to odors and noise created by the plant. Further, Staff finds that allowing retail uses on the site would not be compatible with adjacent residences to the north and would not improve the guide for future growth and development in this area of the City. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff finds that the proposed amendment is not internally consistent with the Goa1s, Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis). Further, Staff finds the Low Density Residential land use designation requested by the applicant for the subject 11 acre parcel is not compatible with the waste water treatment plant to the south. d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment to Office for future office and retail uses is not consistent with the Unified Development Code; the UDC does not allow retail uses in the L- O zoning district. e. The amendment will be compatible with ezisting and planned surrounding land uses. Staff finds that the front portion of the property proposed for retail use would not be compatible with adjacent residential uses. Further, Staff finds that the proposed residential use of the back portion of the property would not be compatible with the nearby waste water treatment plant. f. The proposed amendment will not burden e~sting and planned service capabilities. Staff finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juztaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Staff finds that the proposed map amendment does not sufficiently mitigate the impact of the odors and noise created by the nearby waste water treatment plant on future residents. Exhibit C- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections 8 and 10 and the subject findings above, Staff finds that the proposed amendment is not in the best interest of the City. Exhibit G 2