HomeMy WebLinkAboutBlue Marlin AZ 03-025RECEIV~I~
MAR 1 B 2004
t;ity Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Case No(s).:
Applicant:
Blue Marlin
AZ-03-025
W.H. Moore Co.
P&Z Commission Hearing Date: November 6, 2003, January 15, 2004, February 19, 2004
Recommendation: Approve with Developmern Agreemern (all ayes)
Summary of Public Hearings:
November 6
• City received a letter from Winston H. Moore, dated 11/5/03, requesting the hearing be
tabled to allow time for further discussion about residential and other types of uses in the
Mixed Use-Regional area.
Janes 15
• City received a more detailed letter from Mr. Moore, dated 12130/03, outlining his
concems regarding premature commitmerns, residential uses and other issues.
• City received a memo from Jonathan R. Seel, dated 1/6/04, requesting the 1/15 hearing be
tabled. This request was due to the fact that the property was not posted by the posting
deadline date for the 1/15 hearing date.
February 19
• Jonathan Seel, representing the applicant, testified in favor of the application. He
confirmed a neighborhood meeting was held in October 2003, noted poirns from his
2/17/04 response letter, and provided background/overview information.
• Anna Powell responded to questions about DA commitments and CUP rights
• Cornel Larson, representing the applicant, provided suggested re-wording of condition #3
of the staff report regarding the future backage road and alignment with Eagle Road, etc.
• Wally Hedrick, property owner north of Blue Marlin (Jasmine 5ubdivision), opposed the
annexation and zoning at this time since no development plan was submitted with the
application
• Tom Davis, property owner to the west and representative of the Leighton Lateral,
expressed concerns about the type of material used to pipe the Leighton Lateral. (See Mr.
Danis' letter to the City Council, dated 3/4/04.)
• Jack Ketlinski, Jasmine HOA, expressed concerns about future water supply and the
handling of drainage water to the north.
• Winston Moore, applicant, replied to the expressed concerns and discussed the difficulty
with providing a concept plan at this time.
Key Commission Changes to Staff Recommendation:
• The Commission deleted the staff recommended condition #3 (page 8) in its entirety and
replaced it with revised language which removed the requirement to incorporate residential in
any future development. They maintained the requiremem for future CUP applications and a
condition that future plans include a continuous public or private road system that extends to
the north.
Outstanding Issues for City Council:
• Mixed Use-Regional Policies: Regarding the deletion of condition #3 (page 8) above, staff
wants to point out that this is a departure from the City Council's recent approval of the
Kissler/CobbsJRuwe annexation and DA on the south side of Ustick Road. For that
application, the City Council incorporated the Mixed Use-Regional policies from the 2002
Comprehensive Plan in the DA as a method of informing future property owners of design and
traffic principles that the City intends to apply to future development. With the exception of
their disagreemem with including residential uses, Mr. Seel, in his 2/17/04 response letter, did
not disagree with the other policies being included in the DA.
Below are the Comprehensive Plan policies that the PdsZ Commission deleted from the
original staff report:
"Tran ortation Policies Applicable to the Blue Marlin Annexation:
o Large development proposals that are likely to generate significant traffic should be
assessed for their impact on the transportation system and surrounding land uses. They
should be examined for ways to encourage all fonns of transportation such as transit,
walking, and cycling.
o New development should not rely on cul-de-sacs since they provide poor fire access,
walkability, and neighborhood ~cial life. New development and streets should be
designed to encowage walking and bicycling.
o In addition to providing for enhanced automobile traffic, Meridian should seek ways to
encourage alternative modes of transport. Improvement in and encouraged use of public
transit systems is an important first step. Public transit includes bus systems and
ridesharing. By fostering such means of high vehicle occupancies, congestion on
roadways can be decreased.
o Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and help
implement the Eagle Road Access Control Study, prepared by ACRD in 1997.
Pvlixed Use Development Policies Ar~plicable to the Blue Marlin Annexation:
o Where mixed use developments are phased, a conceptual site plan for the entire mixed use
area is encouraged with the development application or, depending on the scope of the
developmnrn, prior to a formal development application being submitted;
o In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable area,
such as a plaza or green space;
o Where the project is developed adjacent to low or medium density residemial uses, a
transitional use is enwuraged."
Staff continues to recommend the above Comprehensive Plan policies be included in any
apprroval of Blue Marlin as part of the Development Agreement
Future Development Process: P&Z Department staff believes Commissioner Zaremba's
motion was somewhat unclear with regard to how future developmern should proceed on this
site. His motion clearly requires a Development Agreement be entered into with the City.
However, it also appears to allow either a conditional use, planned development or subdivision
application prior to future development. There was no discussion during the public hearing
that would indicate the Commission wanted to remove the conditional use requiremern for
future uses. However, this is how the motion was adopted and it would allow a plat in lieu of a
conditional use or planned development. Staff continues to support the conditional
use/planned development requirement as part of the DA. Specifically, we believe the DA
should require a conceptual planned development/master plan be submitted prior to any
specific building approvals being granted (similar to the Kissler/Cobbs/Ruwe annexation to the
south).
• ITD Conditions: The City Clerk received a letter from Dan Coonce, TfD District Traffic
Engineer, dated 10/30/03, which included ITD's standard Principal Arterial Type IV policies.
This letter was not included in the P&Z Commission's motion. The City Council may want to
discuss this letter at the public hearing. ITD's conditions were not included in the
Kissler/Cobbs/Ruwe annexation DA.
• Future Internal Street Desigg: Commissioner Zaremba's motion also allows for any future
road extending north from Ustick Road to terminate south of the north parcel boundary and not
stub to the north. His proposed condition reads as follows:
`Arty plan shall show a continuous public or private road system that goes from Ustick
Road north and may comrect to the nanh boutrdcay acrd may also cormect to Eagle Road
State Higdrway S5, tf allowed by I7D. "
Staff believes it is imperative that some type of vehicular connection be provided between the
subject property and Jasmine Acres to the north - preferably a public street connection. While
it is still undetermined, should ITD allow a new approach to SH 55 in the future, such an
approach will likely be a shared approach and accessed by multiple parcels. If Blue Marlin
does not irrterconnect with parcels to the north, it would eliminate the option for such a shared
approach/access SH 55 to ever occur. Another challenge is that there is a private lane on the
south side of Jasmine Acres which, under currem ACRD policy, would not be able to connect
to a public street in Blue Marlin. But we still need to preserve some form of connectivity to the
north.
Therefore, staff recommends this DA condition be re-worded as foDows:
"Arty future plan shall show a continuous public ~ road system that goes from
Ustick Road rmrth and may esnneet stubs to the north boundary acrd may also corarect to
Eagle Road State Highway 55, if aUawed by I7D. The public road stub would be opened
at such time as it comrects to another public street. "
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. AZ-03-025
REQUEST FOR ANNEXATION & )
ZONING OF 57.84 ACRES TO C-G ) RECOMMENDATION TO CITY
FOR BLUE MARLIN ) COUNCIL
W.H. MOORS CO.,
Applicant
The property is 57.84 acres in size and is located on the west side of Eagle
Road/SH 55 and the north side of Ustick Road, in Section 32, Township 4 North,
Range 1 East.
2. Winston H. Moore is the currern property owner and has submitted notarized
consent for the subject application.
3. The Applicant is W.H. Moore Co. of Boise, ID.
4. The subject property is currently zoned RUT (Ada County).
5. The Applicant requests the property be zoned General Retail and Service
Commercial (C-G).
6. The property which is the subject of this application is within the Area of Impact
o€the City of Meridian.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
8. The Applicant proposes to develop the subject property in the fallowing manner:
no developmem plans were submitted with the application.
9. The Applicant requests caning of the subject real property to C-G, which is
consistent with the Meridian Comprehensive Plan Future Land Use Map, which
designates the subject property as Mixed Use-Regional.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The Planning and Zoning Commission recognized the concerns of Wally Hedrick,
Tom Davis and Jack Ketlinski, expressed at the public hearing.
RECOMEv1EAIDATION TO CITY COIiAICIL FOR APPROVAL OF ANNEXATION AND ZANING OF
57.84 ACRES 1'O GG, BY W.H. MOORS, CO. - AZ-03-25 -Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested Annexation and Zoning
as requested by the Applicant for the property described in the application, subject to the
following:
A. Adopt the Special Recommendation of the Planning & Zoning Commission as
follows:
1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the
11/3/03 staff report in its emirety.
2. Replace Site Specific condition #3 with the following:
" 3.a. Prior to annexation ordinance approval, the City of Meridian and
Winston H. Moore will emer into a Developmem Agreement (DA). This
DA will require either a conditional use, planned development, or
subdivision application be submitted to the City of Meridian prior to
future developmem.
3.b. A conceptual master plan will be submitted with the planned
developmem application for a site specific plan with any conditional use.
3.c. Any future plan shall show a continuous public or private road system
that goes from Ustick Road north and may connect to the north boundary
and may also connect to Eagle Road, State Highway 55, if allowed by
ITD."
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Departmem as follows:
1. The legal description submitted with the application meets the requirements of
the City of Meridian and State Tax Commission and places the parcel
contiguous to existing city limits.
2. The subject property is within the Urban Service Planning Area. Essential
City services will be made available to the subject property.
3. (Insert P&Z conditions from A.2 above or as modified by City Council.)
4. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND 7ANING OF
57.84 ACRES TO C-G, BY W.H. MOORE, CA. - A7r03-25 -Page 2
5-7-517, when services are available from the City of Meridian. Wells may
be used for non-domestic purposes such as landscape irrigation.
C. Adopt the Recommendations of ACRD as follows:
If the rezone is approved and the District receives a development proposal, the
District intends to provide the following requirements, in addition to any
additional requirements that may apply upon District review of future
developmern, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a developrnern offset agreemern whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet of right-of--way from centerline
along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along
Ustick Road, located a minimum of 41-feet from the cnrnerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 41-feet from the
cernerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustmerns to properly accommodate
existing drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to
align or offset a minimum of 300-feet from any existing roadway (measured
centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or
offset a minimum of 230-feet from arty existing or proposed driveway or
street.
4. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining frontage along
arterial and collector streets shalt be identified as having no access.
5. Comply with requiremerns of ITD for Eagle Road frontage. Submit a letter
from ITD regarding the said requiremerns prior to District approval of the
final plat or issuance of a building permit (or other required permits),
whichever occurs first. Contact The Idaho Transportation Department's
District III Traffic Engineer Dan Coonce at 334-8300.
RECOMMQ~IDATION TO CITY COUNCII. FOR APPROVAL OF ANNEXATION AND ZANING OF
57.$4 ACRES TO C.G, BY W.H. MOORE, CO. - A7r(13-25 -Page 3
6. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Canted
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator
at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
6. The applicam shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and properly development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada. County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicam at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground
within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval .shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
RECOMtvIBNDATION TOCITY COIINCII, FOR APPROVAL OF ANNEXATION AND ZONING OF
57.84 ACRES TO C-G, BY W.H. MOORE, CO. - AZ-03-25 -Page 4
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions th
force at the time the applicant or its successors in irnerest advises the Highway
District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
D. Adopt the Recommendations ofthe Meridian Fire Department as follows:
The following will be the requiremens and/or concerns to provide minimum levels
of fire protection for the proposed project:
1. That afire-flow as required by the International Fire Code is provided to service
the entire project. Fire hydrarns shall be placed an average of 350' apart.
2. Acceptance of the wets supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All internal & external roads shall have a turning radius of 28' inside and 48'
outside.
5. Operational fire hydrants are required before combustible constriction begins.
6. The proposed subdivision will have an unknown transient population and will
have an unknown impact Meridian Fire Department call volumes. According
to a report completed by Fire & Emergency Services Consulting Group in
February of 2000 our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010, this is up from 2069 responses in the
year 2000.
7. The fire lanes shall have a clear driving surface which is20' wide available at
all times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as
follows:
1. All laterals and waste ways must be protected.
RECOMMENDATION TO CITY COUNCII, FOR APPROVAL OF ANNEXATION AND ZONII3G OF
57.84 ACRES TO GG, HY W.H MOORE, CO. - AZ-03-25 -Page 5
2. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa 8: Meridian Irrigation District must
review drainage plans and requires a Land Use Change Application by filed
for review prior to final platting.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all
developmems within the Nampa & Meridian Imgation District.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
57.84 ACRES TO GG, BY W.H. MOORE, CO. - AZ-03-25 -Page 6