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HomeMy WebLinkAboutEagle & Victory RecsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 STAFF REPORT Hearing Date: September 23, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Eagle and Victory • CPA-08-002 E IDIANr-- 9®AFNG Comprehensive Plan Map Amendment to modify the land use designation on approximately 15.5 acres of land from Low Density Residential to Mixed Use -Community • AZ-08-010 Annexation and Zoning of 3.75 acres from Ada County RUT and Rl to C N (Neighborhood Business Center) zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Rose Law Group, has applied to amend the Comprehensive Plan Future Land Use Map (CPA) by changing the land use designation on approximately 15.5 acres of land from Low Density Residential to Mixed Use -Community. Concurrently, the applicant is requesting Annexation and Zoning of 3.75 acres of land from RUT and RI (Ada County) to C-N (Neighborhood Business District) zoning district. The site is located on northwest corner of E. Victory Road and S. Eagle Road. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. The applicant has submitted a conceptual development plan showing how the site may develop in the future. The plan is depicting two drive-through businesses on the site (pharmacy and a bank). The proposed drives through businesses are within 300 feet of a residential zoning district which requires CUP approval prior to establishing the use on the site. Access to/from the site is proposed from one full-access driveway on E. Victory Road and right-in only drive way on S. Eagle Road. The applicant's request, including analysis of the proposed mix of uses and concept plan is included below. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA and AZ applications below. Staff has determined that allowing a "Mixed Use -Community" future land use map designation and annexing the property to C-N would not be in the best interest of the City. Staff is recommending denial of the CPA and AZ applications per the Analysis in Section 10 and the Findings listed in Ezhibit D of this staff report. Per Idaho 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 Comprehensive Plan Map Amendments (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 recommendation of the subject CPA application, Staff is recommending Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 that this application be continued to the hearing date of August 14, 2008, in hopes that favorable recommendations on all the CPA applications can occur at that one time. The Meridian Planning & Zoning Commission heard these items on August 7 and August 14, 2008. At the August 14, 2008 public hearing the Commission voted to recommend denial of the subject CPA and AZ request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Representative), Rez Young. Vern Urwin, Jim Allen, Barbara and Dave Marauart, Tedi Hepper, David Currier, ii. In opposition: Wendell Jeffries, Bob Aldridge, Chentelle and Harold Krasinski iii. Commenting: Ed and Joan Crampton (neutral), Terry Murphy (neutral). John Coombs neutral iv. Written testimony: Janette and Gina Ireland, Wayne Peterson. Linda Kaley, Jeff Brauer, David Guzzetti and staff also received two petitions totaling 34 signatures in opposition of the proiect. The petitions were from residents of the surrounding neighborhoods. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The appropriate land use designation for the seven parcels requesting the land use change. The subiect site is an enclave of low density residential surrounded primarily by medium density residential development. ii. The Commission recommended denial of the proiect and felt a higher density residential use, not commercial, on the site would be more consistent with the surrounding area. iii. Concern over current and proposed access points to/from Victory Road and Eagle Road for the subiect site. iv. The Commission discussed the comprehensive plan which has made provisions for a neighborhood center at the half-mile west of the site to alleviate congestion commercial traffic would generate at the Eagle Road and Victory Road intersection. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. The Council should determine if a mined use-community designation is appropriate land use for the subiect site. if it is compatible with the surrounding residential uses, and if the change is in the best interest of the city. 3. PROPOSED MOTION Denial I move to deny File Numbers CPA-08-002 and AZ-08-010, as presented in the staff report for the hearing date of September 23, 2008, for the following reasons: (you should state specific reasons for denial.) Continuance I move to continue File Numbers CPA-08-002 and AZ-08-010, to the hearing date of (specify a date), for the following reason(s): (1- If the Council wants to approve the subject applications, staff requests that this project be continued so staff can draft appropriate DA provisions. Staff recommends that the Council direct staff on appropriate DA provisions; 2) you should state any other specific reason(s) for continuance, if appropriate). Approval I move to approve File Numbers CPA-08-002 and AZ-08-010 as presented during the hearing on Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 September 23, 2008 (if the Council wants to approve the subject request, staff requests that this project be continued so staff can draft appropriate DA provisions (see Continuance above)). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of E. Victory Road and S. Eagle Road Southeast % of Section 20, Township 3 North, Range 1 East b. Owners: Vernon & Jean Urwin Tedi Hepper David & Barb Marquart 1803 Primrose Dr. 3130 E. Victory Road 3100 E. Victory Road Nampa, ID 83686 Meridian, ID 83642 Meridian, ID 83642 James & Mary Lou Allen Rex & Marla Young Lynn & Suzanne Asay 3040 E. Victory Road 2950 E. Victory Road 2910 E. Victory Road Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Jonathan & Bonita Glick 2860 E. Victory Road Meridian, ID 83642 c. Applicant: Shawn Nickel, The Rose Law Group 6223 N. Discovery Way, Suite 200 Boise, ID 83713 d. Representative: Same as applicant e. Present Zoning: RUT and Rl (Ada County) f. Present Comprehensive Plan Future Land Use Map Designation: Low Density Residential g. Applicant's Statement/Justification (reference submittal material): "This application request for amendment to the current land use designation will demonstrate a need for the City of Meridian to re-designate the area extending '/a mile west on Victory Road from its intersection with Eagle Road, to a mixed use designation. As ACHD prepares for major improvements to this intersection, including lane widening and signalization, this application requests the City evaluate the existing Low Density Residential designation on this enclave of property that sits as its own island adjacent to more intense uses. This application includes a request for annexation with a zoning designation of C-N for three parcels nearest to the corner of Eagle and Victory. A concept plan has been included showing a potential pharmacy and bank building on the property, together with access points designed in cooperation with ACHD and site details that meet the requirements of the Meridian Unified Development Code." See applicant's narrative 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. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 b. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: July 21, 2008 and August 4, 2008 (Commission); September 1, 2008 and September 15, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: July 14, 2008 (Commission); AuEUSt 29, 2008 (City Council) e. The Public Service Announcement was broadcast faxed on: July 11, and August 4, 2008 (Commission); September 12, 2008 (City Council) f. Applicant posted notice on site by: July 25, 2008 (Commission); September 12, 2008 (City Council 6. LAND USE a. Existing Land Use(s): The subject property is currently developed single family homes and associated accessory buildings. b. Description of Character of Surrounding Area: The surrounding area is a mix of residential homes (single family and multi-family) with the potential of a mixed use development along the east side of Eagle Road. c. Adjacent Land Use and Zoning 1. North: Single-family homes in Thousand Springs Village and Woodhaven Subdivisions; zoned R-4 and R-8 2. East: Single-family homes; zoned RUT (Ada County) 3. South: Messina Hills No. 1, Medford Place and Mark Watson property, zoned R-4, R-8 & RUT (Ada County) 4. West: Single-family homes in Thousand Springs Subdivision, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: E Victory Road Location of water: E Victory Road 2. Vegetation: There are existing trees on the property that should be preserved or mitigated for. 3. Flood plain: This property is not within the floodway or floodplain. 4. CanalslDitches Irrigation: The McDonald Lateral transverse along the northern property boundary and has already been tiled. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C-N 7. Proposed Comprehensive Plan Future Land Use Map Designation: Mixed Use -Community 8. Size of Property: 15.5 acres (CPA) and 3.75 acres (AZ) f. Off-Street Parking: 1 per 800 square feet ofgross floor area. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 1. Parking spaces required: 40 2. Parking spaces provided: 80 on a concept plan g. Landscaping 1. Width of street buffer(s): A minimum 25-foot wide buffer is required to be constructed along S. Eagle Road and E. Victory Road; landscaping within the buffers shall comply with the current street buffer landscaping standards listed in UDC 11-3B-7. 2. Width of buffer(s) between land uses: 20-foot landscape buffer adjacent to residential zoning districts. 3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. h. Required dimensional standards for the C-N zone, per UDC 11-2B-3: - Maximum building height: 35' - Setbacks: Front: 20 feet Side: 0 feet Rear: 25 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is depicted on the concept plan via one full-access point to/from E. Victory Road and one right-in only driveway from S. Eagle Road. Cross access has not been provided for the adjacent parcel for future connectivity. Access associated with the remainder of the parcels excluded from annexation will be evaluated if/when redevelopment is proposed. 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, Idaho Department of Transportation and Sanitary Service Company. 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 "Low Density Residential" on the Comprehensive Plan Future Land Use Map. The applicant is requesting a map amendment to "Mixed-Use Community" for the subject property. 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 are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed-Use Community" designation allows up to 25 acres ofnon-residential uses, up to 200,000 square feet of non-residential building area and residential densities of 3 to 1 S dwelling units to the acre. Per the conceptual development plan, the subject site may develop with two commercial drive through businesses on the site. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 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 below and Exhibit D 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 VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." On the submitted concept plan the applicant has not provided pathway or vehicle connections to the adjacent properties. If Council approves a mixed use designation for this site, Staff is recommending that vehicular and pedestrian accesses be provided to adjacent parcels. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." The site is located adjacent to land that is developed as low and medium density residential uses. Because the area is primarily developed with single family and multifamily developments, staff believes the site is better suited for a denser multi family development like the Medford Place Subdivision which is located on the southwest corner of Eagle and Victory. • Chapter V, Goal III, Objective D, Action 5- Require all commercial and industrial businesses to install and maintain landscaping. If commercial uses are approved on this site in the future, a 25 foot wide landscape street buffer will be required along S. Eagle Road and E. Victory Road in accordance with the standards Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 6 CITY OF MERIDIAN PLANNIlVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 listed in UDC 11-3B-7. Internal parking lot landscaping will also be required in accordance with the standards listed in UDC 11-3B-8. • Chapter VII, Goal I, Objective B- Plan for a variety of commercial and retail opportunities within the Impact Area. Currently, a mixed use designation is east of the site, large commercial developments are on the southwest and southeast corners of E.Overland Road and S. Eagle Road; and the comprehensive plan has a neighborhood center designated on the south side of E. Victory which is southwest of this site. Staff believes the City has already planned for a variety of commercial and retail opportunities in the area. • 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 currently available to the subject property located in E Victory Road. • Chapter VII, Goal I, Objective B, Action 6 -Require neighborhood commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.) Upon develop of this site; the applicant will be responsible for the required landscape improvements. However, on the submitted concept plan, vehicular connectivity and pedestrian connectivity have not been provided to the adjacent parcel for future connectivity. Staff believes this connectivity is vital to those remainingparcels that are notpart of this annexation request. • Chapter VII, Goal N, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Cross-access easements shall be required with this development to ensure future connectivity for those parcels not requesting annexation at this time. On the submitted site plan, the applicant has not provided vehicular connection with the adjacent parcels to the west. Furthermore, without that future connectivity, staff finds it hard to support the proposed access points by the applicant. Staff is concerned with the separation of the full access point along E. Victory proposed by the applicant. With future cross access requirements in place, staff believes this full access point should be vacated when future development is proposed for those properties west of proposed commercial zoned site. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities aze required by law, Idaho Code 67-6508, to prepaze, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan aze 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 aze presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or neaz existing arterials and collector roads and require landscaping of new development to provide beautification. If commercial is allowed, all future construction on the subject site will require approval of a Certificates of Zoning Compliance prior to construction. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standazds, as provided for through the Unified Development Code. In addition, the applicant will be subject to CUP approval prior to the establishment of any drive through on the site. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 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 changed with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial use, Staff finds that this element is not applicable to the subject application. In addition, existing homes will be removed if the site is approved for commercial uses. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 yeazs from afarming-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. As mentioned earlier, staff believes there are mixed use designations neaz to this site that would allow the type of uses the applicant proposes; additional mixed-use azeas are not needed in this part of the City. Staff believes the site would be better suited for low-density, as currently planned or even multi-family development to provide more of a mix of residential uses in the area. e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services that are currently available for the developer to construct. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to azeas with adequate school facilities and student transportation. The applicant is proposing a commercial development on the site. Therefore, 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 believes the proposed plan amendment has the potential to negatively impact the intersection at Eagle Road and Victory Road. Currently that intersection is an unimproved 4-way stop, two lane intersection. Improvements at that intersection aze not scheduled until the yeaz 2011. Furthermore, a future commercial development is proposed at the southeast corner that could impede traffic at that intersection as well. 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 commercial development of this property will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the pazcel contain any known significant natural resources. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous azeas, such as floodplains, unstable slopes, etc. Staff is unawaze of any hazazdous azeas 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 regazding request for land use changes. Staff believes there is sufficient commercial development planned within the immediate area which does not support the need for more commercial development in the area. 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 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 the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owners in Section 4 above. 9. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA to Mixed Use Community is approved, the requested C-N zoning district requested with annexation would comply with the map designated use of this property. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that aze principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C-N district. The proposed drive through businesses (pharmacy and bank) will require CUP approval prior to commencing the use on the property. b. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C-N district aze of the small scale convenience uses. Further, properties in the C-N district should take access via arterials or collectors. Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTIVIENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT & ANNEXATION The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map designation for all of the subject property (15.5 acres) from "Low Density Residential" to "Mixed Use-Community." Additionally, the applicant is proposing to annex a portion of the site (3.75 acres) from RUT and Rl (Ada County) to C-N (Neighborhood Business District). At this time, staff believes there is a sufficient mixed use designation to the southwest and east of the site that support the need for commercial development in the area. Furthermore, there is a proposed commercial development located at the southeast corner of the intersection of Victory and Eagle Road. The legal description prepazed by Clinton W. Hansen, PLS, dated 6/24/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Conceptual Site Plan: The applicant has submitted a conceptual site plan showing how the site may develop with two drive through businesses totaling approximately 20,000 square feet. The concept plan depicts two commercial pads with 80 pazking stalls. However, none of the associated landscaping is shown and future connectivity is not provided to the parcel to along the west side of the property. The comprehensive supports the pedestrian and vehiculaz connectivity for mixed use development. Furthermore, cross access shall be provided internally to the site and to the pazcel west of the annexation boundary for future connectivity. If Council approves the applicants CPA and AZ request, pedestrian and vehiculaz connectivity should be provided to adjacent properties. Staff does not believe that two drive-through uses, that require CUP approval and have limited accessibility from adjacent neighborhoods is appropriate in this area. Staff does not believe the uses are necessary to serve this azea. In addition, elevations were not submitted by the applicant illustrating the proposed buildings on the site. Without evaluating any buildings for the site, staff has a difficult time determining if the proposed development would be compatible with the residential in the azea. Access: Access to this site is depicted on the concept plan via one full-access point to/from E. Victory Road and one right-in only driveway from S. Eagle Road. Cross access has not been provided for the adjacent pazcel for future connectivity. Staff also has concerns with the separation of the full access driveway along Victory Road. Staff believes this access should be vacated once those pazcels adjacent to site (west) redevelop in the future. Staff has received comments from ACHD supporting the applicant's proposed access points. It is important to note the Eagle/Victory intersection is not scheduled for improvements until 2011. Staff has concerns with the access points proposed for this site. The primary reason for concern is the applicant is only proposing to annex 3.75 acres located at the corner of the intersection. Because there aze multiple properties, it is difficult for the City to regulate cross access of those properties not requesting annexation. Therefore each lot has the potential to develop independently with a more intense uses and access then what currently exists now. b. Staff's Recommendation: Staff is recommending denial of the applicant's request to amend the Comprehensive Plan Future Land Use Map to a Mixed Use -Community land use designation and Annexation of a 3.75 acre portion of the subject property to C-N as presented in the staff report for the hearing date of August 14, 2008. This recommendation is based on the Analysis in Section 8 & 10 and the Findings of Fact as listed in Exhibit D of this staff report. The Meridian Plannins & Zonins Commission heard these items on August 7 and August 14, 2008. Eagle and. Victory CPA-O8-002 and AZ-08-010 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 At the August 14, 2008 hearing, the Commission voted to recommend denial of the subiect CPA and AZ request. 11. E?FITS A. Drawings 1. Vicinity Map 2. Future Land Use Maps 3. Conceptual Site Plan B. Other Agency and Department Comments C. Legal Description and Exhibit Map D. Required Findings from the Unified Development Code Eagle and Victory CPA-08-002 and AZ-08-010 PAGE 11 CITY OF MERmIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 A. DI'ctW1T1gS 1. Vicinity Map ~~ E ~- RUT "' ~' ~ A ,V~ E Exhibit A-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2. Future Land Use Maps Current Map Exhibit A- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF SEPTEMBER 23, 2008 Proposed Map `' ~ ~? _~~ ~~ I - - ~~ ,- , _ ' ~ - ~ ~~ : ~ J ~ ~ ~ ~ ~ ~p_ ! - 1~,F. , i -- - - - • i 4 - ~p0 ~ J _ __ r. _~ ~. 4 _ ~ `~~ ~ ~r ~-~ . ..,.. ~ - -~. ~~ r~ i t ~,`~ j G ~ Hi " , , ot.ua ra~- ~ 'yam ~ ,~ ~, ~ t~~Y~ E,~llk~ :. .~ ~~; ~p - ~~ ~ T -- w. ~ i r~ r µ` .• '~ ~ '?~~ - - .. ~ _ - ~ ~ - ~ 3 ~ ~ ~~ --- i, ~ I ~ I 'rr IMT ~ a ~ = ~' , ~ i- l }~.i~ I~ ~...r~ ~~ `~~,., ~ r.a-i•~. ; _ __Ea19'~._ u~_.:i - 4~i r ~~~ - ~ ~ t -~ ~ f G - `^~ ~ f 3" - ~ - . ~ E _~: ! ~ I~~ ,~ c~1~'.~'h ~~ - ~ - Clty ofMertdfan ~`, _` Future Laad Use Niap ,L_ :^ntnov '651.- ~`~' __ ~r ' ruiu~ germ use® eaununo uue fMflYn01ti11 Urcr.EMSi a.' ~~ Q High flenvry ke~i~rrHnl NsJ~m LlnntiW F'valwrgd Low Cfir3Ryt RtAa13+~~a OldTcrn -AIuW U6o- Intor.henpo N[uEJ Uiw - ke0o~ol t~'ksi Us3 Cornmmitr NrtreS UfB- NP91CrIrt+r1M ® N6cei Ura- tn,~;le tMzler Trs3nlrr~t Plm~l P~o~rt~isl•PUW~c ~4~1i~. m'~~ roA~,~ Prepetra Ly tl~ ltmldtan Plarmhg o3?an~r P9at ~I3 .rly cg[a 2[7C0 }~ ~~--~ -~c~-r~i,~~~ ~ i .~ ( ~_ I l -4. { I R ~iMO_OR ~. ~,:~~ :. 1 ~ ~, ~-.._ - ~ '~ G'~ - % ~' Exhibit A- 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 3. Conceptual Site Plan .oo r t a .~~~ kY ~~ ~ mao ~ .~~~~~ ~~~ oar ~I~~I eaaa: ~ a~mr enrta ~s ~rnia~ / ~„ sa~9 - ~e _ a 5 p ~. a-• - • $ ~n3 ~~ ~~0ti ~- 1 ~ , - ,c :'@'~ 3,9:0 m +,y r~. _ _ _ _ _ _ _ _ _ _ _ A (1 ,F2, ~ eti/, 1~ j t A I ~ 1 I ~' 0 4,/ ~~'o _ ~ 1 o ~° L ~ e ~~ I 9 Q ~ I W oW A ` b S ~ O N r~ p >< ! ~ I ~,EB ` ~'~ ~ ~ ua 2 ~l~ @ ~ i a pdA _: ~ ~' ~ I OQOb ~ $ Q e B .,, m o ~;~A~~"- ~ e~~ ~ @ ~ 9 Q ;' ho , i p~9~ ~ ~~ 4 ~, :; ~, ~ b b Ike ~ i~~ dig 9 B f ~ I w tY V V Y~ Q- le I' ~i~t e I ~ „ ti a ~o ~ 1 ~~1~ ~Oi ~ 1 a ! 1 ~ Y bQ Bg ,,~'9 ~ t ~d @ L1l L__ J I pa Qi- b n~(` Q~ 0 1 ~ ~ ~ ;fi6'S0f f8,B9,00.0N 1 I ~8 A~~ q ~t ¢ a e i I •d~~b @SgS ~I i ~~~;~~~;~1~~ 1 e ~ ~~~~~;~~~ ~ Rp~@d ~ ~ ~~~~~~~~~~~~~ +~ ~ a i ~!8 ~ e ~A ~ ~~ ~~a ~ ~ i Atl~M~^A1tl6~JHd.7t7fl'6 4 Exhibit A- 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 B. Agency and Department Comments 1. FIRE DEPARTMENT 1.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 1.2 Final 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 place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 1.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 1.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a cleaz driving surface which is 20' wide and support a weight of 75,000 GVW. 1.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 1.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 1.7 The roadways shall be built to Ada County Highway Standazds cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no pazking. 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 accommodate an imposed load of 75,000 GVW. 1.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 1.9 Maintain a separation of 5' from the building to the dumpster enclosure 1.10 There shall be a fire hydrant within 100' of all fire department connections. 1.11 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Victory Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the City of Meridian. 2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.8 Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc. 2.10 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Exhibit B- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standazds. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 All existing structures that are required to be removed shall be prior to obtaining certificates of occupancy. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity aze determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit B- 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF SEPTEMBER 23, 2008 C. Legal Description and Exhibit Map foal Descf~p.~on E~gl~Victory MUVC Annexation A parser for annexation pub loomed !n the SE'/. of the SE'/, of SecOan 20, Toxmship 3 North, Range 1 East, Bode MerMian, Ada County. Idaho, and more particularly descrroed es fopows: BEtBtNNtNf3 at a bndss .tSBp monument rRelking the sit termer Of said tiE 3b of the SE Y. (Set~ion +Corrrer), from vrtUdt a Sf8 inch diameter iron pin meriting tare soutlntaest corner of said SE °b of the SE'/s 6e815 N 89°36'49` W e d~tencs of 9349.81 feet; Ttrertce N x9°36'43' W along ttte southerly boundary of said SE'/. ~ the SE'/. a tiistantre of 613.E feet to a poirti; Thence teasing said southerly Eepundery N 0°00'48° W a distance of 353.9.9 feet to a 9l2 inch diameter iron pin; Thence N 86°B4'13° E a dlstsnce of 74.40 feet to a 1/2 inch diameter iron pin; Thence S 89°31 Yf3° E a distance of 89.00 feet to a 712 irtah diameter iron pin; Thence 882°55'03° E a dislartce cf 8238 feet m a 172 Inch diameter iron pin: 'Thence 8 74°03'04' E a distance of 138.132 feet to a 9/2 inch diameter iron pin; Them $ 06°20'25" E a distance of 68.29 feet to a 1/2 inch diameter iron p1n; Thence N 0°00'70° E a distance of 22.52 feet to a 618 inch diameter iron ~n an the southerly boundary of UVoadhaven Subdivision as shomm in Book 81 of Plats on Page 8887, records of Ada County; Therese S 68°67'40` E akx-g said southerly boundary a distanr~ of 946.81 to a poir~ Therm corrtinuirtg along said southerly boundary 5 71°52'34° E a distance erf 37.80 feet to a point on the easterly boundary tsf said SE */, esf the SE'/.; Thence S 0°00'28° E along saki easterly boundary a distance of 247.72 feet to the POINT OF BEtstNNWt3. This parcel txsntairrs 3.78 acres and is sub,(ect to arty easements existing or in use. Ciintat W. Hansen, PLS Lend Solubfans. PC June 24, 2008 BY L/ JUN 2 6 2008 M~ppl PUBLIC WpR-tS OEFT. t M.~ alAIC >~No. tIT-11ti Exhibit C- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 N ~ O ~~~ .aoaer, nar3xiY3 5 ~saanc~ ~ A ~ ~~9~ ~~rrzau v .u[i8 ~ ~ O w yg ~ ~~ ,ca~e~ ~aaos ~ .~'~ •~ ` _ ~, ~, ~ ~ ~~ ~ o z ~~ z ~ Q ~ ~ g y 0 ~~ ~' ~~ ~ ~ o ~ ~ ~a~ ~ ~ ~ ~ ~ ~~ ~ ~ N ~~ '~ -, ~~ ~ ~'' m: .~~ ~ . ~ ,se ,omaa ~ ~~ 13~ C W Exhibit C- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 D. 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. The Commission fmds that the proposed change to the Future Land Use Map does directly conflict with other elements of the Comprehensive Plan. The Commission fmds the comprehensive has made provisions for mixed use development which is sufficient in the surrounding area. See section 8 and 10 for more information. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission fmds the proposed land use change does not provide an improved guide to future growth and development of the city. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is not internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission fmds that the proposed amendment is not consistent with the Unified Development Code. The Commission is recommending denial of the CPA from Low Density Residential to Mixed Use-Community. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission fmds that the proposed mix of commercial uses on this site may not be compatible with surrounding (existing and future) residential uses. f. The proposed amendment will not burden e~sting and planned service capabilities. The Commission fmds 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 juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission fmds that the proposed map amendment does not sufficiently mitigate the impact of future commercial uses on the existing and future residential uses that surround the site. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is not in the best interest of the City. The Commission believes a mix of residential uses is needed in the area. Exhibit D- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. ]fn order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to a C-N zoning district. The Commission is recommending denial of the CPA; therefore the Commission finds that the proposed zoning map amendment does not comply with the applicable provisions of the comprehensive plan (see Section 8, 10 & CPA Findings above). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the subject CPA is denied, the annexation request to C-N zoning does not comply with the purpose statement of the existing residential designation on this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission fmds that the proposed zoning amendment maybe detrimental to the public health, safety, or welfare if approved. The Commission recommends that Council rely on any oral or written testimony that maybe provided when determining this fmding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission fmds that Annexation and Zoning of this property to a C-N zone would not be in the best interest of the City. Exhibit D- 2