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HomeMy WebLinkAboutPZ Recs/Staff ReportSTAFF REPORT HEARING DATE TO: FROM: SUBJECT: May 24, 2011 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 E IDIAN IDAHO CPAM-10-002; RZ-11-001; MDA-11-002 - McNelis Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ten Mile Center, LLC, has applied for an amendment to the comprehensive plan future land use map (CPAM) to change the land use designation on 13.85 acres of land from Mixed Use -Community (MU-C) and 20.04 acres of land from Office to Mixed Use -Non Residential (MU-NR). A rezone (RZ) of 16.24 acres of land from the L-O (Limited Office) zoning district to the C-G (General Retail and Service Commercial) zoning district and 0.43 of an acre of land from the L-O (Limited Office) zoning district to the I-L (Light Industrial) zoning district is also proposed consistent with the CPAM request. Lastly, a modification to the existing development agreement (MDA) is requested to update the zoning of the property in accord with the rezone; update the uses allowed on the site consistent with the UDC for the respective zone except for those specifically prohibited in the agreement; update the owner information; and remove the requirement for conditional use permit approval of uses on lots that abut Ustick Road, Ten Mile Road, and/or the Nine Mile Creek. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, RZ, and MDA based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on Apri17 and 21, 2011. At the public hearing on Apri121s', the Commission moved to recommend approval of the subiect CPAM and RZ requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant's Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The appropriateness of the rezone to C-G as proposed versus a lesser intense commercial zoning district; c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None PAGE 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-10-002, RZ-11-001, and MDA-11-002 as presented in the staff report for the hearing date of May 24, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-10-002, RZ- 11-001, and MDA-11-002, as presented during the hearing on May 24, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-10-002, RZ-11-001, and MDA-11-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: McNelis Subdivision is located on the northwest corner of N. Ten Mile Road and W. Ustick Road Located in the southheast % of Section 34, Township 4 North, Range 1 West. B. Applicant: Ten Mile Center, LLC 621 N. Robinson Rd. Nampa, ID 83687 C. Owners: Ten Mile Center, LLC 621 N. Robinson Rd. Nampa, ID 83687 Maverik 880 W. Center Street North Salt Lake City, UT 84054 D. Representative: Tamara Thompson, Landmark Development Group, LLC 2462 Sunshine Drive Boise, ID 83712 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment and rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: March 21 and Apri14, 2011 (Commission); May 2 and 16, 2011 (City Council) PAGE 2 D. Radius notices mailed to properties within 300 feet on: March 10, 2011 (Commission); April 28, 2011 (City Council) E. Applicant posted notice on site by: April 8, 2011 (Commission); May 10, 2011 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently vacant. The total size of the site is 33.89 acres. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Wastewater Treatment Plant, zoned I-L South: Singe-family residential properties in Englewood Creek Estates Subdivision, zoned R-4 East: Singe-family residential properties in Hartford Subdivision, zoned R-4; and agricultural property, zoned RUT in Ada County West: Single-family residential property, zoned R-2; commercial property, zoned C-N; and rural residentiaUagricultural property, zoned RUT in Ada County C. History of Previous Actions: • On July 13, 2004, this property received the following approvals: - Annexation and zoning (AZ-04-004) of 34.6 acres of land from the RUT zoning district in Ada County to the I-L, L-O, and C-G zoning districts (Ordinance No. 04-1090). A development agreement (Instrument No. 104093293) was required as a as a provision of annexation. - Preliminary Plat (PP-04-004) consisting of 16 commercial building lots and 5 common lots on 34.6 acres of land. • On August 9, 2005, this property received fmal plat (FP-OS-047) approval of 16 building lots and 4 common lots on 34.6 acres of land. • On June 7, 2005, a one year time extension (TE-OS-003) to submit the final development plan for McNelis Subdivision was approved by the Director. • On September 18, 2007, a second time extension (TE-07-012) for 6 months in order to record the final plat for McNelis Subdivision was approved by City Council. The final plat has since been recorded. D. Utilities: a. Location of sewer: Currently served from mains in N Ten Mile road & W Ustick Road. b. Location of water: Currently served from mains in N Ten Mile road & W Ustick Road. c. Issues or concerns: None, however, the City of Meridian currently has a re-use main located in N. Ten Mile Road that was not available to this site during the platting process in 2007. If the applicant would like to utilize this service please contact Scott Steckline in Public Works Department at 887-2211. E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek borders the north boundary of the site and the Ninemile Creek borders the west boundary of the site. 2. Hazards: There are two waterways that border this property on the north and west; however, they shouldn't represent a safety hazard to children as they are fenced off. Flood Plain: This property does not lie within the floodplain or flood way. PAGES VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: The Comprehensive Plan Future Land Use Map currently designates 13.85 acres of the subject property "Mixed Use -Community" (MU-C) and 20.04 acres as "Office". The proposed amendment would change the land use designation on the entire property to "Mixed use -Non-Residential" (MU-NR). Per the Comprehensive Plan, the purpose of this category is to designate areas where new residential dwelling units will not be permitted, as residential uses are not compatible with the planned uses for this area. A wide variety ofnon-residential land uses may occur in this category. Employment opportunities, professional offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. The following standards will apply to this category: • No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures) • Retail uses may comprise a maximum of 50% of the development area • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses • All developments shall have a mix of at least two types of land uses Sample uses include: Employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail. The other properties surrounding the WWTP were previously designated as Mixed Use -Waste Water Treatment Plant (MU-WWTP) on the future land use map. This designation was subsequently replaced by the Mixed Use -Non Residential (MU-NR) designation through an amendment to the Comprehensive Plan. Changing the land use designation on the subject property will be consistent with adjacent properties that surround the WWTP. The applicant proposes to develop the site with a mix of industrial and commercial uses as allowed in the corresponding zoning district consistent with the MU-NR designation; no residential uses are proposed. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service is provided to the property. - The lands are serviced by the Meridian Fire Department (MFD). - The lands are 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 (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. 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. PAGE 4 Chapter VII, Goal IV, Objective A, Action 6 -Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. This property abuts the wastewater treatment plant located to the north, zoned I-L; Ustick Road separates the site from residential uses on the south, zoned Rl in Ada County and R-4; Ten Mile Road separates the site from residential uses on the east, zoned RUT in Ada County and R-4; a residential property exists at the southwest boundary of the site, zoned R-2 (designated on the future land use map as MU-NR); a commercial property, zoned C-N, and a rural residential property zoned RUT in Ada County (designated on the future land use map as MU-NR) abuts the site on the west. Staff is of the opinion the proposed commercial zoning and subsequent uses along with the abutting arterial streets will provide a transition from the wastewater treatment plant and industrial uses on the I-L zoned property to adjacent residential uses. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff is of the opinion the future industrial uses directly adjacent to the WWTP will provide a good transition between the WWTP and future off ce/commercial uses. Further, the office%ommercial uses will in turn provide a good transition between adjacent residential uses and the YVYVfP and future industrial uses. The properties to the west are designated for non-residential uses which will be compatible with the proposed development. Chapter VII, Goal I, Objective B, Action 5 -Locate new community commercial areas on arterial or collector streets near residential areas in such a way as to complement with adjoining residential areas. The subject property is located on the corner of two arterial streets, Ten Mile Road and Ustick Road, with residential neighborhoods directly across the street to the east and south. Staff is of the opinion future uses on this site will complement the existing adjoining residential areas by providing close, convenient services in this area of the City. Chapter VI, Goal IV, Objective A, Action 17 -Plan land uses surrounding WWTP to reduce human exposure to odors. This site abuts the southern boundary of the YVGVlP. Only office%ommercial and industrial uses are proposed to develop on this site similar to what is allowed in the existing zoning except for a wider range of commercial uses are allowed in the C-G district. Because the MU-NR designation does not allow residential uses, human exposure to odors should be reduced. Chapter VII, Goal I, Objective E, Action 2 -The City encourages the location of a high tech, professional employment center in the northwest quadrant of our Area of Impact. The subject property is located in the northwest quadrant of the City's Area of Impact. Uses supported within the MU-NR land use category and I-L and proposed C-G zoning will assist in contributing to the high tech and professional employment opportunities available in the City. • Chapter VII, Goal IV, Objective A, Action 8 -Discourage residential areas in close proximity to WWTP. The site is proposed to develop with commercial and industrial uses as allowed by the UDC; no residential uses are proposed. STATE REQUIRED 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 PAGE 5 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 pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The plan for this property is for mixed use -non residential uses; the applicant is proposing to develop the site with industrial and commercial uses consistent with the plan. Staff is of the opinion the existing and proposed I-L and C-G zoning and subsequent uses will assist in providing a transition between the residential developments to the east and south and the wastewater treatment plan to the north. To promote quality design, future development must comply with the City's design standards contained in the UDC and Meridian Design Manual. 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. 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 an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. No residential uses are proposed with this application consistent with the MU-NR designation which does not allow new residential uses in this area because of the proximity of the wastewater treatment plant. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years 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. The subject property is currently identified as appropriate for industrial, office, and commercial uses. Staff is of the opinion the future development of the site with a mix of light industrial, office and commercial uses will provide a transition between the residential uses to the east and south and the wastewater treatment plant to the north, expand employment opportunities in the area, and allow for the development of commercial enterprises to serve both residents and future employers. e. Public Services, Facilities, and Utilities City water and sewer service has been provided to the subject property and reclaimed water is available to the site as well. Because this property is already within the City limits, public services such as police and fire protection are currently provided to this property. 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 no residential uses are proposed, this element is not applicable to this application. PAGE 6 g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the previous plan was for office, commercial, and industrial uses on this property, Staff does not believe that the proposed plan amendment would negatively impact transportation within the City of Meridian in this area if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. There are two creeks that abut this site. Staff does not believe that future development of this property will significantly degrade these resources and/or the natural environment. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 18 City parks totaling approximately 186 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable 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 the proposed industrial and commercial use of the site is consistent with the proposed future land use designation of MU-NR as new residential uses are not allowed in MU-NR designated areas nor are they appropriate adjacent to the existing wastewater treatment plant. 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 through the Unified Development Code. 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. The City Council is the ultimate decision making authority on most land use applications. 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 requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on December 13, 2010 of which two of the neighbors attended. PAGE 7 VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) 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. Per UDC 11-2C-1, the purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Tables 11-2B-2 and 11-2C-21ists the principal permitted, conditional, and accessory uses allowed in the proposed C-G and I-L zoning districts respectively. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC Table 11-2C-3 for the I-L zoning district applies to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on 13.85 acres of land from Mixed Use -Community (MU-C) and 20.04 acres of land from Office to Mixed Use -Non Residential (MU-NR). The City's wastewater treatment plant (WWTP) abuts the northern boundary of this site. Because of the odor and noise generated from the plant, Staff is of the opinion no new residential uses should be allowed on this site. The MU-NR land use designation was adopted specifically for this area surrounding the treatment plant; all of the other properties surrounding the WWTP are currently designated MU-NR. In the MU-NR category, no new residential uses are allowed and developments are required to have a mix of at least two different types of uses. The applicant proposes to develop the site with a mix of uses as allowed in the C-G and I-L zoning districts, consistent with the MU-NR land use designation. Therefore, Staff is of the opinion the proposed amendment is appropriate for this property. See Section VII above for more information. REZONE (RZ): The applicant proposes to rezone 16.24 acres of land from the L-O (Limited Office) zoning district to the C-G (General Retail and Service Commercial) zoning district and 0.43 of an acre of land from the L-O (Limited Office) zoning district to the I-L (Light Industrial) zoning district. The portion of the site proposed to be rezoned to I-L will adjust the boundary of the existing I-L zone consistent with the lot boundaries and the centerline of the street (N. Burley Ave.). The proposed I-L and C-G zoning districts are compatible with the MU-NR land use designation requested with this application. Further, the I-L zoned properties will provide a transition and buffer between the existing WWTP and commercial uses on the site and adjacent residential uses. PAGE 8 The applicant has submitted a site plan included in Exhibit A.2 that depicts the building envelope on each of the lots and a conceptual building elevation included in Exhibit A.3 that depicts how future structures maybe constructed. Ultimately, the final designs must be consistent the provisions of the UDC and the Meridian Design Guidelines. The rezone legal description submitted with the application (included in Exhibit C) shows the boundaries of the property proposed to be rezoned. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing DA is proposed to update the zoning of the property in accord with the rezone; update the uses allowed on the site consistent with the UDC for the respective zone except for those specifically prohibited in the agreement; update the owner information; and remove the requirement for conditional use permit approval of uses on lots that abut Ustick Road, Ten Mile Road, and/or the Nine Mile Creek. Most of the proposed changes are in accord with the CPAM and RZ request except for the proposal to remove the conditional use permit requirement for uses on lots that abut Nine Mile Creek, and/or Ustick Road, and/or Ten Mile Road. At the time of approval of the DA, the City had no design review standards and it was customary to require CUP approval so that the Commission could have an opportunity to review the design of sites and structures. Because the City now has specific design standards in the UDC and design guidelines in the Meridian Design Manual that are applicable to all new development, staff is of the opinion that removing the CUP requirement from the DA as proposed by the applicant is appropriate. The list of permitted uses included in the existing DA is proposed to be removed and a code reference to allowed uses in the appropriate district included instead. The list of prohibited uses is still included and has not changed, except for the allowance of a convenience store/fuel sales facility on Lot 4, Block 1, the property owned by Maverik. The current DA restricts hours of operation for uses in the I-L and L-O zoning districts from 7 am to 10 pm, unless approved through a conditional use permit. Because the L-O zoned properties are proposed to be rezoned to C-G, the restrictions are proposed to be changed to include the C-G zoned properties, except for the C-G owned property owned by Maverik (Lot 4, Block 1) and the C-G zoned property to the north of the Maverik property (Lot 3, Block 1) on which restricted hours of operation shall not apply. Please see Exhibit A.4 for the specific changes proposed to the DA. Staff recommends approval of the subject applications with the changes to the DA listed in Exhibit A. X. EXHIBITS A. Drawings 1. Vicinity/Zoning/Aerial Map 2. Conceptual Site Plan 3. Conceptual Building Elevation 4. Proposed Changes to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department PAGE 9 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code PAGE 10 Exhihit A.1: Vicinity/Zoning/Aerial Map n ~ ~P T ~„ ~„,„ ;tin ~ ~ `~ ~` r ~ ~ " v a ~ ~ ~ t I~ ~~ E t ~~ G~ ~ ~~~~ I~~t I it' 3 $v (di ~$~ 9!b } i~ i `. > ~!` ~~~. ~,~~ r... W gEllTpbyER DR wPrazr.,.. w Martncav oa W MARACAY ~f 12t f W BELLAGIO DR H' BECLA ~~ ~rp r f~~Tq ~~ t . ~3~ -.. CT 7egN~ pR p ~' want cT ~ ..._.____ y.. ,,. a R_~ Q 3 E PAGE 1 1 Exhibit A.2: Conceptual Site Plan ._.- `_. . i ~~ fih ap L _ ~..i _~ y ~~~ ~ ~~ ^~ ~\ ..., i (c) I~ ZONE ,_., q ,M' r-~ ~ f ~~ ~ ~ IH~I I ,~~,...,..a ,,,~.,~...~......~. t ~ ~~ ~) l= O-(P)CB ON~ °r~ 1~. PG U3 it I I ~ i ~ ~ ~ ~X , ~ ~~ .., ~ i I II ~ Y - - ~ G F E Cl B A ~~ ~ z~ ]I~j~ I`e _ -~ ~ II i ~ - 1 I. ~K ~~ I-~ LJ PROJECT INFORMATION Prgec~~ocatlon: .+nk16?indhM ~n W. `a uxb iNrw..u Can~i uMM+lam LOf1Ing; ~ ~ n~b ~ 4P .Y-e ~ YM wy wmea a+ Y4wwtl•4AC a..( IJ~iip. Me~lYI.+.A6..ow~ 9 u...a I tM. ~ . ,~~. ldtlb Parklrtg: al ~F~` W M ..wl. nn.4ti i N r+wM S4~n.} n n s s PAGE 12 Exhibit A.3: Conceptual Building Elevation ~<; Johnson ,, ,~ PAGE 13 Exhibit A.4 -Proposed Changes to Development Agreement (Changes are shown in underline/strike-out format) (Page 1) Parties: 1. City of Meridian 2.1:~ Ten Mile Creek, LLC, Owner/Developer and Maverik, Inc., Owner/Developer Section 1.4 (page 1) WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a zoning designation of ~~ (C-G) General Retail and Service Commercial District, and (I-L) Light Industrial District (Municipal Code of the City of Meridian); and" Section 3.1 (page 3) "...whose address is 33 E. the Broadway Avenue, Meridian, Idaho 83642" Section 3.2 (page 3) "Owner/Developer": means and refers to ~ Ten Mile Creek, LLC, whose address is 621 N. Robinson Road, Nampa, Idaho 83687, and Maverik, Inc., 880 W. Center Street, North Salt Lake City, Utah, 84054 the partyies developing said "Property" and shall include any subsequent "owner(s)/developer(s)" of the "Property." Section 3.3 (page 3) "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned ~b-~ C-G and I-L attached hereto and by this reference incorporated herein as if set forth at length." Section 4.1 (page 3) "...Construction and development of a commercial subdivision with 16 buildable lots and 3 4 other/common lots, in a proposed ~-9; C-G and I-L zones." Section 6 (page 4) ~~ Section 6 (page 5) A.6. Business hours for the I-L and ~-9 CCG zoned properties shall be limited to 7 am to 10 pm, unless approved by a conditional use permit. Lots 3 and 4, Block 1 are exempt from this requirement. A.7. The permitted and prohibited uses Iist for each proposed zoning district are outlined below in Section 6.D.8 :,, ~i.e ~..o,.:..i r~„~~:ao..,..:,.~ ~o,..;,,~ „r.w:~ ro ,...t ~i,..ii i,o : .-~+oa :.,~„ +t,o PAGE 14 <strike list ofpermitted uses for the I-L district & include a code reference for permitted uses instead> Uses allowed in the I-L zoning district are as listed in UDC Table 11-2C-2, except for the following uses which are prohibited: Asphalt and Concrete Automobile Wrecking Yard and Storage Fuel Yards Junk Yards Lumber Yards Mobile Home Manufacturing Outdoor Entertainment Centers Railroad Yards and Shops Restaurants Retail Stores Sales Lots (Auto, Recreation, Agricultural, etc.) Solid Waste Transfer Stations Truck Stop <strike list of uses pertaining to the L-O zoning district> <strike list ofpermitted uses for the C-G district & include a code reference for permitted uses instead> Uses allowed in the C-G zoning district are as listed in UDC Table 11-2B-2, except for the following uses which are prohibited: Bars, Alcohol Establishments Contractor's Yard Convenience Store (Except a convenience store/fuel sales~acility is allowed on Lot 4, Block 1.1 Entertainment Centers, Outdoor Fuel Sales Facility (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.) Lumber Yard Nursing Homes and Sanitariums Truck Stops ** ~~ nix~4;~iec'acz~ a~3`a~vcs-1 ~, ••,-t 'mcrTmvc~ PAGE 15 Section 7 (page 9) 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date of this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. This agreement was complied with within the required two year period. Section 17 (page 12) NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. e Broadway Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. I~al3e Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: ~ Ten Mile Creek, LLC 621 N. Robinson Road Nampa, Idaho 83687 and: Maverik, Inc. 880 W. Center Street North Salt Lake City, UT 84054 PAGE 16 B. Agency Comments On March 17, 2011, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department, and SSC. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application (stamped on March 10, 2011, by Gregory Carter, PLS) .shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street on which the project is addressed, as set forth in International Fire Code Section 505. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot drive aisle. b. Fire hydrants 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 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. 3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, 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. 3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.6 Provide signage ("No Parking Fire Lane") for all fire lanes at every entrance in accordance with International Fire Code Sections 503.4 & D103.6. PAGE 17 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 3.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.13 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 around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. 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). 3.14 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.15 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). 3.16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18. 3.19 COMMERCIAL 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 as set forth in Intemational Fire Code Appendix D 104.1. 3.20 COMMERCIAL 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 as set forth in International Fire Code Appendix D104.2. a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) PAGE 18 3.21 As set forth in Intemational Fire Code Section 503.2.5, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. The two (2) landscape islands at the entries of the subdivision on N. Burley Avenue are allowed if a minimum of 20 feet in width is provided on each side of the islands. 3.22 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Comments have not been received from the Police Department on this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Ada County Highway District has no comments on this application due to the fact the subdivision is fully improved. 7. PARKS DEPARTMENT 7.1 The Parks Departments has no comments at this time as all required facilities have been installed on the site. PAGE 19 C. Legal Description and Exhibit Map for Proposed Rezone IbAl-1C3 ~#so Eaacrgr sr. s"~ iw SURVEY r.raoho r~ GROUP w~. poeq spasm ~ ~oa1 a~sarw+ Project No. 11-016 March 1Q, 2Q11 L-0 TO t-1. REZONE iMIcNEL18 SUB~MVISI©N A panel of land heated ~ the SE1/4 of Section 34, T.4N., R.1W., B.M., Ada County, Idaho, mare particularly described as follows: Commencing at the oomsr oommon to Suctions 2 and 3, T.3N., R.1 W., and Sectbns 34 and 35, T.4N., R.iW., B.M., from which the E1dR4 corner of said Section 34 bears North Otl°17"3x" East, 2843.52 feet; thence akmg the South boundary line of sake Sectibn 34 North 89°43'00" West, 934.94 feet; thence wing said Sa+uth boundary the North 37°:25'41" West, 731.63 feet to the NW comer ~ Lot 2, Bbck 2 of McNelis Subdivision as filed in Book 100 of Pbth at Pages 13482 through 131184, records of Adds Courriy, Idaho; thence abng the north boundary Ana of said Lot 2 South 89°43'0(Y" East, 379.54 feet th an awe point in the North boundary line of said t.at 2; therm cont~~ng along said north boundary line South 64°50'56' Ei~t, 129.78 feet to the REAI. POINT OF BE(1<INNINt3; thenc+9 leaving said north boundary line South 69°43`00" East, 108.34 fast to a paint on the northwesterly right-of-vvay line o~ McNe#is QrNe, said point also t~elnp the beglnn~g of anon-tangent rx~rve m the right; thence along said northwestetty fight-of-way IY~e the fdk„nrlrug 3 courses: slang said cxjrva 279.77 feet, said curve having a radius of 427.00 teat, a central angle of 37°32'25" and a bng chord of 274.79 fieat which bears North 38°28'12" Easiy thence North 58° 14'25" East, 244.10 feet bo the beginning of a curve to the right; then+ca abng said curve 126,99 feet, said curve having a radius of 227.40 fast, a aantr-aC angle of 32°03'14" end a brig chord of 125.34 i+~t which bears North 74°1$'40" Eae~t; thence leaving said rarH~uvesterly right-of-~wayy line South 17°35`t>~0" "W+~t, 30.00 feat to a point on the oenberiine of McNelis Drive; thence abng~sab aentarline the follovring.3~oa~urses; _ s:tatr ~ sue a za~+soc nse r or2 PAGE 20 thence i+torth 88°42"25" West, 4,79 feet to the taeginning of a curve to the left thence along said curve 111.$9 feet. said cun+a having a radius of 2ta0.tX} feet a central arrgte of 32°t)9'1 Q" arxi a king citiond of 11D.43 feet which bears South 74°16'40" Wei thatx~a South 66°14'25" West, 236:45 feat do the ixginnirtig of a curve to the Matt; thar~oe abng Bald cants 273.28 feet, said curve having a rad~s of 4U0.t)0 feet, s o~ertt~al arse oaf 3S°06'32" and a tong chord of 287.96 feet which bears South 38~°40'09" West; thence leaving said caenterllna North 80°50'58" West, 128.43 feet to the REAL. POINT OF BECiiNNMNti!~ corvtaining 18,522 square feat, more or lass. Prepared By: Idaho Survey Group ~~~ Rte' '~' i ~ 2011 ~~ Rl s ~~ P,~.S. S'11913 Pro~CtdtiMradit Bub [L Zo"e.duc Page 2 of ~ PAGE 21 IDAHO ~V~~EY ~~t7~P Prc~ect No. 11-016 C-G 2Ot~ IiAcNELt$ t3UBE~IV1810N 1454 EbtN4eerrawer Sc sic. iso M+erldir- IdiM 83&12 Plroa~ (~ 81b•95J0 r~ (7raj sM1-5349 Marctl 9, 2011 A pares! of land loc~tsd ~ the SE1Ht of Sedian 34, T,4N., R.1W., B.M., Ada Ccwniy, Idaho, mare particx~larty descrNaed as foikyws: Gammencing at the career oarrunon to Sections 2 and 3, T_3N., R.1W., and Sectkxts 34 and 35, T.4N., R.1W., B.M., from which the E1/4 corner of said Section 34 bears Narih 00°17`35" East, 2843.52' feetr thence abng the South boundary line of said Section 34 North 89°43'00" West, 278.00 feet 1a the REAL P{)IINT ~ ~~G11~lililG; f thenott +can~uing rating said South boundary fine Narlh 88°43'00" West, 856.94 thence said South boundary Nee Nortl~ 37°'25'41" West, 731.63 feet to the NW tamer aF let 2, Block 2 of McNelis Subdivision es filed in Book 100 of Plafis ®t Pegee 131182 through 13084, wards of Ada Caurriy, Idaho; therxae akxtg the Ntuth boundary line of saki Let 2 South 69°43'OD' East. 378.54 feet to an ar-gle pv~t in the North boundary tine a# said t.ct 2 ther~ae r~ntlnuir~q bong said Werth boundary line and the southeasterly exbenslan theroaf South 80°54"58" East, 259.19 feet to a paint cn the centerline of McNelis Drive, said paint etas being the beglrll'iing of a Wan-#,angent curtire to the right thence alcng said aer~rtlne the fialkwwing 3 causes; thence slang said curve 273.26 feet, said curvrr Ming a radius of 4(10.00 feet, a central angle of 39`08'32" ark a long ctrord of 26?.9t3 feet which bears North 38'40"09" Eaet; thence North 58°14'25" East, 238.48 Beet to the beginning of a curve to the right; thence along sadd tx~rve 111.8#) feet, said curve having a radius of 200.00 feet, a certtrsl angle of 32"03"70" and a lat~g chard of 110,43 feet which bears North 74°16~0~0"' East; _ . then®e eerrkinu-slang mid-e~erterlir~-~,d #~e eas+ ic~r, thereof fi®uth ..._ ___.._ . .. . $9°42'25" Eft. 247.32 feet, .9.U913 F~if ~ t'~r Yar:~C ~ 1 dr2 PAGE 22 thetx~e South fl4°17'35" West, 43{1.134 feet; therx~e along the Naath boundary line of Lot 3, Blackl of said McNe#is S~ubdiuisitx~ and the easteriar externion thereof I+lorth 89a43'tH}"' Vilest, 253.DD feet tQ the NW comer of said Lot ~; thence along the West boundary litre of LAts 3 and 4, Bock 1 of said Nk~eNs Subdhfi~on and the southerly extension theresaf South DD°17'35" VVeet, 475.QD feet to the REAL POINT OF Bt*GINMIM~a, oaartaining 16.21 acres, more or less. Pref-ared 8y: Idaho Sun~ey Group Gr+ega-ry G. Carter, P.L.S, Atir ~~ ~ ~ ~ ~~,~,' PAGE 23 urn aK err oust __ ^'..- - - ._.,~I ~7 fit..[. ? p`" i • ~ N 1~~ ~ hi 211NE s b 43OI'Jj" ~ ~1\\. .~° +IP3.1ss } ~~ N I M ' C-C ~34rE ~ ~ • ~ ~~ W I P~ ~~ w 8 ~ g ~~ ~ 9 w ~ ~ ~ g 0--9 t!7!K ~. W ~ i ~Y Y G-C REAONIE ~ I 1 !`~ ~ iroi7r~x \ . ~~ S OLYIGiMRY ~' , \ Ir0 TO M 7f ~ ~ , *„ '~, ~ *q~ s - A a f~,y b611EZON[ ~'/. ~ 4~'~~ " i ~~ ~~~ 1 +µ4D , ~ ~ ~~~ s. to ~ rc +~ac rwuw _ ~ S ~ - ,. ~~~` ~b~~ ' N 00"43'00" W a s T dLS Chattl CI 290. 9 ~ 7 i~ t2 1 7 rt s. ~>r.~ C+k 2f10.0i1 711. T7 4'1 " W 45 4 7. .a7 ~ 227.Aa 926.99 12ri.34 .!x~+f~' u+~ ~. ~ 7w ~w9rri ' ~, ,~.~ ° tz,x~ W ' f 00.34 LEGENa - - - - REZONE BOIiNDARY LINE LOT LINE ...~.,... ~ _ _ _ _ ~..._. SECTION LIME ra. • rerayaa oo.~~ m.~.+,4m~ er~aw.i. W+Mua mia.~ w. w* _ "e ~~ (~P1A IV t ~ f~j tAMEM047Bi7tMRA9L ~4~I~Y G 7 A99M9WM.ONgBBMY ~RC~u~, P"c. '"v v~~ ~ ~ ~L ,o QT~~~ ~ C ~A~ SCALE: 1" = 250` EXHIBIT DRAWING FOR MCNEUS SUBDIVISION REZONE LOCA~If 9i 11K !I[ 1/4 OI 30C11iW 34. T.4N„ 11./It. OX, aoa m>N7,t 9fYR7 11~-01~ lKEf N0. 1 0/9. OAif ~M PAGE 24 D. Required Findings from 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 finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote compatibility and transition of uses and zoning. See sections VII and IX above for more details. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for mixed use non-residential uses on this property would be consistent with the abutting wastewater treatment plant and allow for the development of commercial and industrial uses on the site. 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 internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment to MU-NR for future industrial and commercial uses is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the development of industrial and commercial uses on this site will provide a buffer between the wastewater treatment plant and adjacent residential properties as well as provide a transition between these uses. £ The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services have already been installed on this site. 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 finds the proposed commercial and industrial development of this property resulting from the proposed map amendment will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. PAGE 25 2. REZONE 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 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 Commission finds the proposed rezone to C-G is consistent with the proposed MU-NR future land use designation for this site. Additionally, the Commission finds the uses allowed in the existing I-L and proposed C-G zoning district will provide a transition in uses between the wastewater treatment plant and adjacent residential uses to the east across Ten Mile Road and to the south across Ustick Road. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G zoning district and adjustment of the I-L zoning district boundary and uses allowed in each of those districts is consistent with the purpose statement of the commercial district in that it provides for the retail and service needs of the community; and the purpose statement of the industrial district in that it provides for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, the Commission recommends Council consider any oral or written testimony that maybe provided when determining this finding. 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-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. However, as noted previously, the Commission finds the proposed rezone is in the best interest of the City.