Loading...
HomeMy WebLinkAboutBlue Marlin AZ 03-025February 17, 2004 AZ 03-023 MERIDIAN PLANNING & ZONING MEETING February 19, 2004 APPLICANT W.H. Moore Company ITEM NO. 8 REQUEST Public Hearing — Request for annexation and zoning of 57.84 acres from RUT to C -G zones for Blue Marlin — northwest comer of East Ustick Road and North Eaale Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS 0 OTHER: See gttached letter from W.H. Moore Company & letter from Jack Keffinski Contacted: �� �� l t7 i Date: p�-17, 0 Phone: %(p Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. W.H. MOORS C O M P A N Y Real Estate Development 608 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707-2204 Date: February 17, 2004 To: Meridian Planning and Zoning Commission 33 East Idaho Ave. Meridian, ID From: Jonathan R. Seel Subject: Blue Marlin - Annexation and Rezone AZ 03-025 TELEPHONE (208) 32319191 FAX 3237523 RECEIVED► FEB 13 2004 City Of Meridian City Clerk Office At the request of Meridian Planning and Zoning staff, we are submitting our response to the staff report dated November 3, 2003. Annexation and Zoning Site Specific Comments: The items we are in agreement with are as follows: 1. Prior to annexation ordinance approval the City of Meridian and Winston H. Moore would enter into a development agreement. This development agreement would require either a conditional use, planned development or subdivision application be submitted to the City of Meridian prior to future development. 2. A conceptual master plan would be submitted with the planned development or a site specific plan with any conditional use. The items we are in disagreement with are as follows: 1. That the development agreement include the condition that a "public or private backage road parallel with Eagle Road/SH 55 be incorporated into the design of future site plans." We do not disagree with need for roads within this project, but question the need to include this condition in the annexation and rezone. We believe this design aspect can be addressed during the PUD or CU process. As staff states in their report "the CUP/PD process does grant the City a fairly high degree of design and use review authority". 2. The requirement for residential use within this project. In the comprehensive plan under mixed use regional, the land designation for the subject property, it states that multi -family residential will be encouraged where feasible. The operative words are "encourage" and "feasible". Multi -family is not feasible within this project for several reasons: Meridian Planning & Zoning Commission February 17, 2004 Page 2 • The cost of this land makes developing multi -family prohibitive. • Due to low interest rates and the availability of reasonably priced homes, the market for Multi -family is over built and indications are this picture will not change for the foreseeable future. • This project is surrounded by thousands of acres of land zoned for residential use. It begs the question why someone would want to locate in a potential business park when within a small radius they could be in residential surroundings. • The surrounding home owners have expressed strong opposition to multi- family development. • Eagle Road is a major commercial corridor and Meridian's goal to attract commercial business to their community should not be diminished by allocating prime commercial land to multi -family. • Finally, prior to agreeing to transferring approximately 13 acres from the City of Boise to the Meridian area of impact we had numerous discussions with the former Mayor and several council members about this project and the vision was always one of commercial development. The consensus that Blue Marlin would be a commercial development was also discussed during the approval process for the Champion Subdivision, this project is directly west of Blue Marlin. In fact the Champion Subdivision proposed Mini storage units as a buffer because they and the City recognized commercial development would occur to the east. I have included the minutes from P&Z that supports this position. It was not until we submitted our application that the concept of multi -family was first raised. In summary, we are requesting, and will appreciate the City's cooperation in the modifications to the staff report. As I believe the City knows, Winston Moore develops quality projects as demonstrated at El Dorado Business Campus and this project will be no exception. The changes we ask for will only assure we can build the type of project the City will be proud of for years to come. Also relating to this Annexation and Rezone request, on December 30, 2003, Winston Moore forwarded a letter to the Mayor, City Council and P&Z Commission. I have included a copy in event it has not been included in the current package. Thank you for your consideration. Meridian Planning & - oning D�LLL111ulllJlll November 6, 2003 Page 55 of 87 AFT Rohm: But we do want Dave to be at the very end for sure. Zaremba: I move that he be the last item on the -- I'm pretty sure the issues are clear enough that we should go through it quickly. Borup: Actually, it may not be that bad. There is a lot of items, but four of them are on one project, you know, and the -- you know, it's multiple things on the same project, so - c"I Ret P* Pf i<ation and zanirrgraf&7r84. acres from RUT to C -G zones for Blue Marlin by W. H. Moore Company — northwest corner of East Ustick Road and North Eagle Road: Borup: All right. Item No. 9. We have received -- somewhere we have received a written request to have this item continued to January. Zaremba: And open the Public Hearing to do that or -- entertain it without -- Borup: Well, no, we -- Zaremba: Otherwise, it becomes a notice issue. Borup: Right. So, I'd like to open Public Hearing AZ 03-025, request for annexation and zoning of 57 -- Gabbert: Chairman Borup? Over here. Borup: Oh. Sorry, Chris. Gabbert: That's all right. If you want to table that, then, it would require new motions -- I'm sorry, new notices made -- Borup: Right. Gabbert: -- for January. If you open it, then, you will need to continue it. So, that's the technical difference. I realize you guys were discussing that at the last -- two weeks ago and whatnot. So, if you open it, you table it, and -- Borup: No. If we open it, we continue it. If we don't open it, we table it. Gabbert: Thank you. Borup: But tabling it would require new notification, is that what you're saying? Gabbert: Yeah. Correct. Meridian Planning & Zoning November 6, 2003 Page 56 of 87 Borup: Yeah. I think we finally figured that out last -- Gabbert: I looked it up, so -- Zaremba: We have been through that a couple times. Borup: Yeah. We did have a question. Okay. I have opened the Public Hearing. I don't think staff has anything that you wanted to comment on. Commissioners, motion? Zaremba: Nobody here to testify on that item. Mr. Chairman, I move we continue AZ 03-025 to our meeting of January --��; disue itftvd@RM�I8lstfrt-2004. I'm seeing head nods confirming that date, so that's my motion. Rohm: I'll second that. Borup: Motion and second. Any discussion? A question I have is what's supposed to happen by then? I mean the -- you know, I thought maybe they just wanted to work on their design, but from what was said earlier, they are not sure if they even want to go the direction that staff has been talking about? Hawkins -Clark: Right. Chairman Borup, Members of the Commission, I did talk with Jonathan Seal, who is representing W.H. Moore Company just yesterday, he's the one that turned in the letter to the city on the company's behalf and after reading staff's recommendation to have this be a true mixed use project and potentially include some residential in there, they had grave concerns about that, to the degree that they wanted to have more in-depth discussions with staff about -- about particularly the residential component. Borup: Okay. Hawkins -Clark: As I think his letter said, it's a 60 million plus investment and they are not prepared to go into a public hearing setting until some more information is given to them about staff's perceptions and views of the mixed use regional designation of the Comp Plan. Borup: Okay. Hawkins -Clark: So -- Borup: So, we may not have anything in January, but at least a direction should be decided on, hopefully. Hawkins -Clark: Right Meridian Planning & Zoning November 6, 2003 Page 57 of 87 Rohm: And I would like to say, though, that if, in fact, we don't come to resolve in January, it would probably behoove us to table it at that point and they will renotice it to come before -- as in we wouldn't continue it once again and so -- Zaremba: I would agree with that. Rohm: That seems appropriate. Borup: I think it probably is. I can remember back five years ago there was one project that was continued for like a year and a half almost or something. It just kept getting continued every couple months each time and that got a little ridiculous. Rohm: Well -- and I think that as a project changes, if it changes substantially it may be advantageous to renotice it and so -- I don't think there is anything wrong with continuing it this once, but beyond that I think it would be appropriate to just table it. Zaremba: While we are in discussion, there are actually two things I would ask. This -- this is a request only for annexation and I think we are having this discussion, because it i s n of a ccompanied with a ny k ind of a concept d rawing, which u p u ntil t he p roject across Ustick from this, has been a requirement and we kind of waived it for that one, because they didn't want to cooperate and provide one -- Borup: And I think as mentioned in the staff comments -- Zaremba: But how a slippery a slope are we going down by we will consider it without a concept drawing. Borup: Yeah, and part of the reason on the other one there was multiple property /`owners, where this one it's, really, all one developer -- I mean two properties, but he's in control of -- of the whole project, which means it's a lot more appropriate to have a concept. Zaremba: Well -- and to me having the concept helps us decide whether the zone that they are asking for is the right thing or not. I meaning if we are going to zone something -- annex it and zone it, we need some idea whether -- or at least staff needs some idea whether the requested zoning has any validity. I mean not just because the Comprehensive Plan has something, but -- is staff — how comfortable are you with not having a concept plan? Hawkins -Clark: Yeah. I guess, first of all, since the applicant isn't here, I just am hesitant to talk too much about their project, but, in general, yeah, we -- you know, the ordinance says you can apply for annexation and it doesn't say you have to submit a concept plan, so we don't have the ability at staff level to actually not accept an annexation application. Zaremba: But the process has always included -- Meridian Planning & Zoning November 6, 2003 Page 58 of 87 Hawkins -Clark: And we certainly have encouraged strongly at the pre -application meeting, that that occur. As Mr. Strite, who is in the audience, can testify on the Kissler property. But that being said, yeah, we have no ability to not accept the application if want to move ahead, particularly when there is a development agreement that's in the process. aremba: Okay. My second question is sort of unrelated to that, but my recollection is that the project just to the west of the project that we are talking about here, didn't they include some storage units that the intention was to be the buffer between residential and non-residential? Hawkins -Clark: Yes, they did. Zaremba: So, in approving that one, everybody's concept was there that would not be any residential in the one we are talking about today. Is that true? Borup: I think that's a logical conclusion from what went on before. Zaremba: Yeah. Because they were preparing the buffer for this not to have any residential. Just a thought. Borup: That was based on the -- Zaremba: On the old Comprehensive Plan, I guess, but -- Borup: No, the current Comprehensive Plan. Okay. We had a motion and second. That was a long discussion. All in favor? Any opposed? MOTION CARRIED: TWO AYES. TWO ABSENT. Item 10: Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C -C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC — 1651 West Franklin Road: Borup: Okay. I guess we could go ahead. Next Item, Public Hearing CUP 03-049, request for a Conditional Use Permit for an emissions testing center in a C -C zone for Hark's Corner Emission Center by L&J Capital Ventures at 1651 West Franklin. I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: Chairman, Members of the Commission, this is an application for a Conditional Use Permit for an emissions testing center. This application is here tonight because it's been deemed to be quasi -public use, which requires a Conditional Use Permit. T hat's why I t hink this is o ne of the f irst times we are seeing an emissions testing center as a Conditional Use Permit. The subject property is located at the southwest intersection of Franklin and Linder Road at the preexisting Hark's Corner W.H. MOORE C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (837D4) P.O. BOX 6204 BOISE, IDAHO 83707.2204 December 30, 2003 Brad Hawkins -Clark City of Meridian Dear Brad: Re: Annexation and rezone of 57 acres at Ustick and Eagle TELEPHONE (208) 32319191 FAX 3237523 As you know, we have submitted an application for annexation and rezone of the above 57 acre parcel, which was tabled at my request pending our further review and consideration of the requirements proposed by the City. In the course of that review, we have concluded that it is impractical to further pursue the matter on the basis proposed by the City, for the following reasons. We believe the location of the subject property makes its eventual development for commercial use inevitable, and our objective in requesting annexation and rezone was simply to take the next step in preparing the property for its eventual use, not to secure approval for a specific development. Unlike residential and office developments, commercial developments with any significant retail component cannot be meaningfully planned until the anchor users are identified; such developments, therefore, are not amenable to a sequence of approvals in which the development plan comes first. We do not know the shape and form this development will take, cannot now provide a meaningful concept plan, and lack the context from which to meaningfully evaluate the various proposed requirements. The City, however, though not required to do so by its ordinances, apparently has a policy of requiring a concept plan for every rezone, which has the effect of treating the rezoning process as a sort of design review process rather than the broader acknowledgment of appropriate land use contemplated by the zoning ordinance. By effectively precluding rezoning as a stand-alone process, this policy poses a significant obstacle to the sort of development Meridian needs — something other than more bedrooms. The market of potential users for commercial property makes use of the zoning maps for preliminary site location decisions, and the presence of obsolete (but still official) zoning designations needlessly distorts those decisions, and impedes a landowner's ability to attract high quality users. In this case, all we are requesting is annexation (as requested by the City), and rezone to a commercial designation appropriate to the character of this location as it has evolved. With these approvals in place, the property is more visible and attractive to the sort of users that would make Meridian a more functional community. Additionally, the remaining approvals required for a specific development would then appear less daunting and less time consuming to a prospective user than that implied by property which is neither annexed nor properly zoned. By requesting a simple rezone, we are not intending to dodge the City's ability to impose development -specific conditions; those conditions, however, are more appropriately established Brad Hawkins -Clark December 30, 2003 Page 2 when the nature of the development has been identified. If the City is uncomfortable with the opportunity it is afforded to later establish those conditions by the subdivision and other required approval processes, we are willing to record an agreement subjecting any development of the property to the same sort of "concept plan" review and approval the City now wishes to exercise. By this approach, the property zoning can be appropriately updated without the current necessity of a concept plan, and without the City losing any review and approval opportunity. We are mindful of the City's duty to effectively control land uses, and believe such an approach is consistent with both that duty and the zoning ordinance. In summary, we are requesting and will appreciate the City's cooperation in the current annexation and rezone of the property, with development -specific approvals to follow later, when the exact nature of a proposed development has been determined. If the City is willing to proceed on this basis, we look forward to moving ahead. If, on the other hand, the current requirements are inflexible, please consider our application as withdrawn. Thank you for your consideration. Sincerely, C" Winston H. Moore sj c: Mayor Robert Corrie Commissioner David Zaremba Commissioner Michael Rohm Commissioner Leslie Mathes Commissioner Keith Borup Councilman Keith Bird Councilwoman and Mayor -elect Tammy de Weerd Councilman Bill Nary Councilwoman Cherie McCandless Councilman -elect Charlie Rountree Councilman -elect Shaun Wardle February 11, 2004 City of Meridian 33 E Idaho Meridian, ID 83642 William Berg, City Clerk Dear Mr. Berg, RECETNrFP FEB 12 2004 City of Meridian City Clerk Office 1 have read with interest W.H. Moore's application for annexation and zoning of 57.84 acres for the Blue Marlin Project. No where in this planning do 1 see a plan for sewer service to Jasmine acres subdivision. Presently we have two homes in Boise City and three homes left in the Meridian impact area. Only one home on Eagle rd. is connected to Sewer. In another project, Hillview Development Corporation , 150 E. Aikens, Ste A, Eagle, Idaho 83616 being spearheaded by Mr. Don Hutt is set to develop 350 homes to the north of Ustick Ave next to the Blue Marlin Project. I have seen no planning as to sewer service to the Jasmine Acres subdivision by the Meridian planning department. Would you care to shed some light on who is worrying about sewer service and gas -service to the Jasmine Acres Subdivision at the applica 'on Jjearing of Blue Marlin February 19, at 7:00 pm? <'Jack Ketlinski Jasmine Acres Homeowner PO Box 835 Meridian, Id 83680 W.H. MOORE C O M P A N Y Peal Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707-2204 Date: February 9, 20 To: Meridian City From: Jonathan R. Se Subject: Blue Marlin AZ 03-025 TELEPHONE (200) 323.19191 FAX 323.7523 lW4ECEIVE - 0, CITY OF MERIDIAN CITY CLFRK OFFir� On Friday, February 6, 2004 we posted public hearing notices for the referenced project on both Eagle and Ustick Roads. Pictures of the notice were E-mailed to the clerk's office today. State of Idaho ss. County of Ada On this day ofN 2004, before me, the undersigned, a Notary Public in and for said State, personally ppeared Jonathan R. Seel, known or identified to me to be the same person described in and who executed the within instrument, and W duly acknowledged to me that he executed the same. %%%. p�5. 100$114 Notary Public for Idaho �ica .ti�..d _ O\ TA ,SI 6r.` '[ZOTARY Residing at 0a, - Comm Expires Q _a 6 _ B q i • _ PUBLIC Feb 09 03 05:24p WH MOORE CO .208-323-7523 p.1 9 W.H. MOORE C Q M P A N Y Real Estate Development TELEPHONE {208) 32319191 FAX 3237523 666 N. STEELHEAD WAY, SORE 144 (837091 P.O. BOX 6294 BOISE, IDAHO 63767.2204 Date: February 9, 20 To: Meridian City From: Jonathan R. Se Subject: Blue Marlin AZ 03-025 R:E("b_) I \/_`_1 FEB 0 � 2.034 City Of McLidiun City Clerk Office On Friday, February 6, 2004 we posted public hearing notices for the referenced project on both Eagle and Ustick Roads. Pictures of the notice were E-mailed to the clerk's office today. State of Idaho ) )SS. County of Ada ) On this day of� d NvzCej�, 2004, before me, the undersigned, a Notary Public in and for said State, personally lippeared Jonathan R. Seel, known or identified to me to be the same person described in and who executed the within instrument, and duly acknowledged to me that he executed the same. \`\.�dorlp S gGrP'' Notary Public for Idaho ��I at o�� .d . = 140TARY Residing at /-3,o, =-eL,j, _*° ••— Comm Expires 4-a6— B9 PUBLIC FEB 09 '04 16:27 208 323 7523 PRGE.01 RECEIVED FEB 0 -9 2004 City Of Meridian City Clerk Office i�4 �ElJFFV y , v , CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE February 19, 2004 ITEM # 8 PROJECT NUMBER AZ 03-025 PROJECT NAME Blue Marlin CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on February 19, 2004, for the purpose of reviewing and considering the application of W.H. Moore Company for Annexation and Zoning of 57.84 acres from RUT to C -G zones for Blue Marlin generally located in the northwest corner of East Ustick Road and North Eagle Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available for review. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED 23'ti of January, 2004 WILLIAM G. BERG, PUBLISH 2"d and 16th of February, 2004 `'`"u,Hurrruq,l �y Of q , Fo 9-1 L CITY CGER 9 CP T iss CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE January 15, 2004 ITEM # 4 PROJECT NUMBER AZ 03-025 PROJECT NAME Blue Marlin NAME (PLEASE PRINT) FOR AGAINST NEUTRAL W.H. MOORS COMPANY Real Estate Development TELEPHONE (208) 323-19191 FAX 3237523 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 837072204 Date: January 8, 2004 To: Brad Hawkins -Clark City of Meridian Planning & Zoning 660 E. Watertower La rSte 220 Meridian, ID 83642 r/ From: Jonathan R. Subject: AZ -03-025 — Blue Marlin Request for Annexation and Zoning of 57.84 Acres JLV- VE :_ � 9 Zoo+► CITY OF MERIDIAN CITY CLERK OFRCF We request that the Planning & Zoning hearing for the referenced application be moved from January 15, 2004 to the next available Commission hearing. We regret any inconvinece this make cause either the Planning & Zoning Department or the Comission. Thank you for your cooperation in this matter. cc: Meridian City Clerk's Office Comel Larson, Larson Architects W.H. MOORE C O M P A N Y near tstate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 82D4 BOISE, IDAHO 83707.2204 MS. ANNA POWELL PLANNING DIRECTOR CITY OF MERIDIAN NOVEMBER 5, 2003 DEAR MS. POWELL: TELEPHONE (208) 32319191 FAX 3237523 RATHER THAN WITHDRAWING MY APPLICATION FOR ANNEXATION AND REZONE, I AM REQUESTING THAT THE PLANNING AND ZONING COMMISSION PUBLIC HEARING ON YOUR FILE #AZ -03-025 BE TABLED FROM TOMORROW EVENING, NOVEMBER 6, UNTIL EARLY NEXT YEAR. IN REVIEWING THE STAFF REPORT I FIND SUBJECTS THAT I HAVE CONCERN WITH AND WHICH NEED FURTHER DISCUSSION BETWEEN MY PEOPLE AND YOURSELF AND/OR YOUR STAFF. GIVEN THAT MY DEVELOPMENT VISION FOR THE SUBJECT LAND PARCEL WILL ULTIMATELY REPRESENT AN INVESTMENT OF SOMETHING LIKE $60 MILLION, I WANT TO BE REASONABLY CERTAIN THAT ULTIMATE CONDITIONS IMPOSED BY THE CITY WILL ALLOW FOR AN ECONOMICALLY FEASIBLE DEVELOPMENT WITH USES THAT WILL COMPLIMENT THE CITY, CREATE SUBSTANTIAL NEW EMPLOYMENT, GENERATE SIGNIFICANT NEW PROPERTY TAXES AND UTILITIES INCOME, AND AT THE SAME TIME WARRANT SUCH A PRIVATE SECTOR INVESTMENT. THANK YOU AND I LOOK FORWARD TO MEETING YOU. whm/hs WINSTON H. •O- ]RECEIVED NOV 0 " 2003 CITY OF MERIDIAN CITY CLERK OFFICE November 3, 2003 MERIDIAN PLANNING & ZONING MEETING November b, 2003 APPLICANT W.H. Moore Company ITEM NO. AZ 03-025 REQUEST Public Hearing — Request for annexation and zoning of 57.84 acres from RUT to C -G zones for Blue Marlin — northwest comer of East Ustick Road and North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: " ' Contacted: O�f� / Emailed: COMMENTS C()(4A n.u.-C PI [ - -b 1115104 See attached Comments "Okay with Meddian Water Department' "No Comment' "No Comment' No Comment See attached Comments No Comment See attached Comments Matedols presented of public Date: 1, l J u 5 Phone: L,) t L( / L_n, Staff Initials: I become properly of the 9ty of Iilidlan. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird is ne of CITY OF ti IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 30, 2003 Transmittal Date: September 19, 2003 Hearing Date: November 6, 2003 File No.: AZ 03-025 Request: Annexation and Zoning of 57.84 acres from RUT to C -G zones for Blue Marlin By: rM Location of Property or Project: northwest comer of East Ustick Road David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bind, C/C C ne McCandless, C/C ater Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks.4epartmant. e Cfr Meridian School District (No FP) Meridian Post Office (FPiPP onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FP/PP orgy) Bureau of Reclamation (FPwPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FPmPordy) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: ,_ RECEIVED SEP 2 4 2003 City of Meridian City Clerk Offiec 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 8848723 • Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird "; CITY OF 11 IDAHO LEGALDEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 30, 2003 Transmittal Date: September 79, 2003 Hearing Date: November 6, 2003 File No.: AZ 03-025 Request: Annexation and Zoning of 57.84 acres from RUT to C -G zones for Blue Marlin By: W.H. Moore Com Location of Property or Project: northwest corner of East Ustick Road and North Ea David Zaremba, P/Z (No vAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP1PPonly) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PP only) Meridian Development Corporation Historical Preservation Commission RECEIVED SEP 2 6 2003 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird n' `✓ Y Lc1of eQicn fi ll IDAHO LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 PARKS & RECREATION (208) 888-3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500 - Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING & ZONING (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: 2003 Transmittal Date: September 19, 2003 Hearing Date: November 6, 2003 File No.: AZ 03-025 Request: Annexation and Zoning of 57.84 acres from RUT to C -G zones for Blue Marlin By: W.H. Moore Company Location of Property or Project: northwest corner of East Ustick Road and North Eagle Road David Zaremba, P/Z (No YAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (mo vAR, vAc, FP) Michael Rohm, PIZ (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C hede McCandless, C/C Water Department Sewer Department Sanitary Service (No YAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP)PP only) U.S. West (FP/PP only) Intermountain Gas (FPiPPonly) Bureau of Reclamation (FPRPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FPiPP only) Meridian Development Corporation Preservation Commission SEP 2 5 2003 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 0CENTRAL DISTRICT CENTRAL DISTRICT HEALTH DEPARTMENT HEALTH Environmental Health Division DEPARTMENT Rezone # ./G d 3 - oa 5 -- Conditional Use # Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City A21IWridian ❑ Kuna /eLL— We have No Objections to this Proposal. City Of Meridian ❑ 2. We recommend Denial of this Proposal. City Clerk Office ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Please see attached stormwater management recommendatations Date: � 115 ❑ 15. Reviewed By: ODHDNO kc Review Sheet 1 October 2003 , William Berg City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: AZ03-025 Blue Marlin 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 R,E(! - -E1ATEU - OCT 0 6 2003 Dear Will: City Of b'Ieridiari City Clerk Office All laterals and waste ways must be protected. If all municipal surface drainage is retained on site this proposed project will not impact The District and no further review will be necessary. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District.. Thank you, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent Larson Architects File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 October 2003 Cornel Larson Larson Architects, P.A. 210 Murray Street Boise, ID 83714 496 / l / ♦ / / / jC9gxL, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application — Blue Marlin Subdivision Dear Mr. Larson: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Ao�/. Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City WH Moore Company, 600 Steelhead Way, Suite 144, Boise, ID 83704-9620 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 44 ♦u ACHD'' Ada County Highway hway District rlidr Sherry R. Huber, President 318 east 37th street Susan S. Eastlake, 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus@ACHD.ada.1d.us October 8, 2003 RECEIVE T, To: WH Moore Company 600 Steelhead Way, Suite 144 OCT 10 2003 Boise, Idaho 83709 City of Meridian Subject: MAZ03-025 City Clerk Office On Tuesday October 7, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Principal Development Analys&, / Right-of-way & Development Services Planning Division CC: Plan' lopment project file Cons auction Services Drainage Utilities Larson Architects, PA 210 Murray Street Boise, Idaho 83714 '`rl'*a. Ada County Highway District Right -of -Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level on Tuesday October 7, 2003. Tech Review for this item was held with the applicant on Friday October 3, 2003. Please refer to the attachment for appeal guidelines. Staff contact.- Andrea N. Tuning, 208 -387 -6977 -phone, 208 -387 -6393 - fax, atuning(cDachda.ada.id.us File Numbers: MAZ03-025 Site address: NWC of Eagle Road and Ustick Road Owner/Applicant:: WH Moore Company 600 Steelhead Way, Suite 144 Boise, Idaho 83709 Representative: Larson Architects, PA 210 Murray Street Boise, Idaho 83714 Application Information: The applicant has submitted an annexation and rezone request to the City of Meridian. The application proposes to annex approximately 57.84 -acres into the City of Meridian and change the zoning from RUT to CG. The site is located on the northwest corner of Ustick Road and Eagle Road. Acreage: 57.84 -acres Current Zoning: RUT Proposed Zoning: CG Vicinity Map A. Findings of Fact Trip Generation: This development is estimated to generate 20,460 additional vehicle trips per day (478 existing) based on the Institute of Transportation Engineers Trip Generation Manual, 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application, but may be required in the future when a development application is submitted. The following is a summary of the findings from the North Meridian Traffic Study: Executive Summary of the North Meridian Traffic Plan The proposed 12 -square mile study area between US 20/26 and Ustick Road and between McDermott Road and Eagle Road has been examined by the Ada County Highway District (ACRD) for anticipated development build out. The following are the principal findings and recommendations of the study: ♦ The study area is anticipated to develop an additional 17,599 dwelling units, 2,744,000 sq. ft of office buildings, 1,929,000 sq.ft. of retail buildings, 12 elementary schools, 2 senior high schools, 2 junior high schools, 38,260 sq. ft of church buildings, and approximately 60 acres of park, at full build out. ♦ The build out scenario of the study area is projected to generate an average daily traffic (ADT) of 276,764 vehicles per day (vpd), of which the peak hour traffic (PHT) will be 28,206 vehicles per hour (vph). Out of these trips approximately 10% of the trips remain internal within each section, and 6% of the trips are pass -by trips. ♦ The distribution of the traffic from all of the study area sections indicate that approximately 30% traffic directed towards south, 27% of the traffic directed towards east, 21% of the traffic directed towards west and north. The remaining 22% of the traffic is distributed within the study area. ♦ At build out, traffic on the arterials is expected to significantly increase. ♦ All of the arterial intersections in the study area are currently operating at acceptable level of service of "C or better. ♦ The majority of study intersections are projected to meet the peak hour traffic signal warrants at full build out of the area. ♦ Several mid -mile intersections may warrant traffic signals due to the heavy left turn traffic volume. ♦ At full build out, the following improvements may be anticipated within the study area: 0 5 -lane road section with right turn lanes at some arterial and access intersections: Chinden Boulevard, McMillan east of Black Cat, Ustick east of Black Cat, Linder, Ten Mile, Meridian south of McMillan, and Locust Grove at Ustick. 0 3 -lane road section with right turn lanes at some arterial and access intersections: McMillan west of Black Cat, Ustick west of Black Cat, McDermott, Black Cat, Meridian north of McMillan,and Locust Grove. Due to the large number of inquiries and submitted development applications in this area, staff and the development community realized that the potential for development in this area is significant and the traffic impact studies that each individual developer was submitting did not include the major surrounding developments that are "in the works". 2 Based on development patterns in this area, and the concern surrounding the abutting roadways, ACHD hired Washington Group to conduct a traffic impact study of the northwestern Meridian area from Ustick Road to Chinden Boulevard, and from McDermott Road to Eagle Road. The study was necessary to determine what types of roadway improvements, especially at intersections, would be needed to accommodate the traffic in this area at full build out. One option for funding improving these roadways is the implementation of an extra -ordinary impact fee overlay district. This applicant will be subject to extraordinary fees, should an overlay district be implemented in this area. 4. Site Information: The site currently has one existing single-family residential home. 5. Description of Adjacent Surrounding Area: The surrounding area is zoned (Rural Urban Transition) RUT and is transitioning from agricultural ground to higher density mixed uses. a. North: Single-family and Commercial b. South: Single-family with Agricultural uses (currently) c. East: Agricultural (currently) d. West: Proposed Parkstone Subdivision 6. Impacted Roadways Eagle Road: Frontage: 1,740 -feet Functional Street Classification: Principal Arterial Traffic count: South of Ustick Road was 20,182 on 10-29-02. Level of Service: Currently better than C Speed limit: 55 -MPH Ustick Road Frontage: 1,150 -feet Functional Street Classification: Minor Arterial Traffic count: West of Eagle Road was 7,707 on 4-5-00. East of Eagle Road was 9,926 on 4-5-00. Level of Service: Currently better than C Speed limit: 45 -MPH 7. Roadway Improvements Adjacent To and Near the Site Ustick Road is currently improved with 2-taffic lanes with no curb, gutter or sidewalk abutting the site. Ustick Road does expand to three traffic lanes at the intersection of Ustick Road and Eagle Road. Eagle Road is currently improved with 5 -traffic lanes with no curb, gutter or sidewalk abutting the site. 8. Existing Right -of -Way Ustick Road has a total of 50 -feet of right-of-way (25 -feet from centerline). Eagle Road has a total of 140 -feet of right-of-way (70 -feet from centerline). 9. Existing Access to the Site 10. Site History The District has not previously reviewed a development application for this site. 3 11. Capital Improvements Plan/Five Year Work Program Ustick Road is not included in the District's Five Year Work Program, but is identified as items #85 and #86 in the District's Capital Improvements Plan and is anticipated to become a 5 -lane roadway with curb, gutter and sidewalk (from Cloverdale Road to Locust Grove Road) in the year 2014. 12. Other Development in the Area Parkstone Subdivision — On January 29, 2003, the District approved a preliminary plat application for a subdivision containing 275 -single-family residential lots, 52 -townhouse lots, 4 -office lots, 2 - commercial lots and 1 -mini storage lot on 104.77 -acres. MAZ03-012 — On May 7, 2003, the District approved a request to annex and rezone 24.00 -acres from R-1 to R-2. MAZ03-018 — On July 29, 2003, the District approved a request to annex and rezone 43.86 -acres from RT to C -G. MAZ03-022 — On September 2, 2003, the District approved a request to annex and rezone 4.92 - acres from RT to C -G. B. Findings for Consideration Right -of -Way and Sidewalk District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. District policy requires 5 -foot wide (minimum) concrete sidewalk on all collector streets (7203.4.2) Ustick Road is not listed as a proposed project in the District's currently adopted Five -Year Work Program, but is in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, when a development application for this site is submitted to the City of Meridian, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement 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 centerline 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 centerline 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 adjustments to properly accommodate existing drainage and utilities. 0 Eagle Road is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding the dedication of additional right-of-way and the construction of sidewalk. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300 -feet from an arterial roadway (measured centerline to centerline). When a development application for this site is submitted to the City of Meridian, the applicant should 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). Eagle Road is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding roadway offset requirements. 3. Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230 -feet from any existing or proposed driveway. When a development application for this site is submitted to the City of Meridian, the applicant should construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. Eagle Road is under the jurisdiction of the Idaho Transportation Department. The applicant should contact the Idaho transportation Department for any requirements regarding driveway offset requirements. 4. Access District policy 7204.6.14 states that direct access to arterials and collector is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is infeasible the District may consider direct access points based on the following guidelines: • Less than 150 -feet of continuous frontage 1 -access point • 150 -feet to 600 -feet of continuous frontage 2 -access points • Greater than 600 -feet of continuous frontage 3 -access points Once the access points have been approved, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5 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 development, to the City of Meridian: C. Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement 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 centerline 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 centerline 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 adjustments 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 any 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 shall be identified as having no access. 5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements 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. 6. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 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 bome 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. Contact 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 applicant 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 property 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 applicant 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 ACHD 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 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 in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waivertvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines I Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. C. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. MAYOR Robert D. Carie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird 208 888 5052 NcITY OF .p �(eridta-n% IDAHO li Ifl6 P.05 LEGAL DEPARTMENT (208) 466.9272 • PAX 466-4405 PARKS & RECREATION (208) 8883579 . Fax 998.5501 PUBLIC WORKS (208) "11.5500 • Pax 887-1297 BUILDING DEPARTMENT (208) 987-2211 ' Fax 887.1297 PLANNING & ZONING (208)B84.5533 • Pas 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerks Office Attn: Will Berg, City Clerk, by: October 30, 2003 Transmittal Date: September 19, 2009 Hearing De(a: November e, 2003 File No.: AZ 03.028 Request: Annexation and Zoning of 57.84 acres from RUT to 6"G zones for By: W.H. Moore Company Location of Property or Project, northwest corner of East Uatick Roadand North E David Zaremba, PIZ (No vAR, vAC. FP) Jerry Centers, PfZ VAR, Meridian School District (No Fp) rNo VAC, Fp) Leslie Mathes, P2 (No vAR, vac, Fp) Meridian Post Offlce (FpA p only) Ada County Highway District Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z Ada County Development Services (No vAR, VAC, Fp) Robert Corrie, Mayor Central District Health BIII Nary, C/C Nampa Meridian brig. District Tammy deWeerd, CIC Settlers Irrigation District Keith Bird, CIC Idaho Power Co. (FpAoponly) Cherle McCandless, C/C U.S. West (Fp/pponry) Intermountain Gas --,Water Department Sewer Department (FPipp only) Bureau of Reclamation (Fpmperdy) Sanitary Service YAR, VAC, FP) Idaho Transportation Department (No Fp) Ada County (Annsuaaon Building Department Pira Department only) Ada County Land Records (Fp�pp only) Meridian Development Corporation Police Department Hist ri City Attorney CRY Engineer City Planner Perks Department RECEIVED OCT 2� 211 o cal Preservation Commission Your Concise Remarks: V QrlftrlrsC nnaew�AhlV 1 COMMENTS: jaw, ty -rq rc City pf Ci tyy Cler IDAHO AVENUE •MERIDIAN. IDAHO 83642 • (208) 888.4433 City Clerk DTrice Fax (208) .4218 • Human Resources Fax (208) 884.8723 • Finance & Utility Billing Fax (208) 887.4813 OCT 29 '03 14:25 208 888 5052 MAYOR CHIEF ROBERT D. CORRIE KEN W..Bo BONERS COHNCH. MEMBERS i. DEPOTY CHIEF- FIRE PREVENTION WILLIAM L.M. NARY JOSEPH SILVA KEITH BIRD N'j �.- TAMMYDEWEERD �'u'Y A- 1""'L_ - DEPUTY CHIEF - TRAINING CHERIE MC'CANDLESS y �t } a BILL JOHNSON RURAL FUZE COMMISSIONERS RSTE ,v V / lIll is IA'7AFIU v 5$0 East Franklin ,Road TERRY LEIGHTON �CIIOTTE V!e yi Y Meridian, ID 83642 208) 888-1234 !P�,r,h,; klr, v' '��' �- 1,4, � FaxOS) 895-0390 MERIDIAN CITY/RURAL FIRE DEPAR.TMENT October 16, 2003 RECEIVED OCT 2 1 2003 City Of Meridian City Clerk Office TO: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Blue Marlin Subdivision AZ 03-025- Revised The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire -flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water 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 construction 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. TRANSPORTATION ICDEPARTMENT_ DISTRT 3 P.O. SOX 8028 BO1SE, ID 83707-2028 (208J 334-8300 October 30, 2003 RECEIVED Will Berg City of Meridian NOV 0 3 2003 33 East Idaho Avenue City Of Meridian. ._ Meridian, ID_ 83,642 City Clerk Office Re: State Highway 55, Eagle Road — AZ 03-025 — NW Corner of E. Ustick and N. Eagle Road Dear Mr. Berg: SH 55 has been designated a Principal Arterial. rrD would like Ada County and the City of Meridian to help us preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way, see enclosed Noise Abatement Measures. If you have any questions please call me at 334-8340. Since y, �lZ DAN COONCE, P.E. District Traffic Engineer Attachment An Equal Opportunity Employer - Flf /VC/ Az 03- 01,5 PLANNING & ZONING RECOMMENDATIONS NOISE EVALUATION/MITIGATION For Development Applications or Zone Change Requests for property adjacent to state or federal highways, the Idaho Transportation Department (ITD) requests the local Planning & Zoning authority to require the applicant to evaluate and mitigate (if necessary) for noise impacts as follows: 1. The applicant shall perform a Traffic Noise Screen in accordance with the Environmental Process Manual (EPM) Section 1350.02. a. The design year shall be the date of the proposed development plus 20 years. b. The traffic volume considered for 20 year future build -out shall be: S/00 ADT (Average Daily Traffic). c. The highway configuration considered for 20 year future build -out shall be per the attached typical section. d. Use the existing highway centerline for the 20 year future build -out: -- 2. If the results of the Traffic Noise Screen so warrant, then the applicant shall perform a Traffic Noise Impact Analysis in accordance with EPM Section 1350.03. 3. The applicant shall submit a noise report to the Planning & Zoning authority with a copy to ITD. This report shall include: a. Results of the Traffic Noise Screen, including supporting assumptions, documentation, and conclusion as to whether a Traffic Noise Impact Analysis is warranted. b. Results of Traffic Noise Impact Analysis (if warranted), including supporting assumptions, documentation, and discussion of different types of abatement considered. c. A recommendation of the type of abatement to be used for the proposed development. 4. The Planning & Zoning authority will review the noise report, solicit and consider comments from ITD, and determine which (if any) abatement methods will be made as a condition of the proposed development. Notes: The Environmental Process Manual (EPM) is available on line at htto://www2.state.id.us/itd/highways/dev/Manuals/Enviommental/. All noise analysis and report preparation shall be done by industry recognized professionals with experience in highway traffic noise modeling. PTD point -of -contact for general questions on Development Applications or Zone Change Requests is District 3 Traffic Engineer, Dan Coonce at 334-8340. ITD point -of -contact for specific questions on noise evaluation/mitigation is District 3 Environmental Manager, Greg Videy at 334-8952. HUB OF TREASURE VALLEY (� MAYOR A Good Place to Live F' f Z ✓� ✓�- RnNCH MCurrie CITUUL!CITY OF MERIDIAN Y' CiVCll_ EMBERS I ammy deW'eerd 33 EAST IDAHO William L. M. wary MERIDIAN, IDAHO 83642 Cherie McCandless (208) 888-4433 FAX (208) 887-4813 Keith Bird City Cleric Oflice Fax (208) 888-4218 STAFF REPORT: Hearing Date: November 6, 2003 Transmittal Date: November 3,72'003 To: Planning & Zoning Commission / Mayor & City Council RE 1. EIVEE From: Bruce Freckleton, Assistant to City Engineer ::a* NOV 0 1 2003 Brad Hawkins -Clark, Planner III 11�°L City Of Meridian City Clerk Office Re: Blue Marlin Annexation Request for Annexation and Zoning of 57.84 Acres from RUT to C -G for Blue Marlin by W.H. Moore Company (File 4AZ-03-025) We have reviewed these submittals and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, W.H. Moore Co., has requested the annexation and zoning of approximately 58 acres located at the northwest comer of the intersection of Eagle Road/SH 55 and Ustick Road. The application is comprised of three (3) separate tax parcels, all forming a contiguous, developable block. The applicant is not proposing any land use, development or subdivision at this time. The applicant proposes that a condition of annexation may include a requirement that all future uses require a Conditional Use Permit or that a Planned Development (PD) application is submitted for the entire project (see September 11, 2003 application cover letter). The annexation and zoning application proposes a General Commercial (C -G) zone for the entire 57.84 acres. On January 21, 2003, the Meridian City Council approved a Miscellaneous application (MI -02-009), submitted by W.H. Moore Co., to amend the Area of City Impact boundary to include the northern 12 acres of this property. Boise City and the Ada County Board of Commissioners have also approved this boundary adjustment. The entire property is now eligible to request annexation. Staff is recommending approval of the annexation application and approval of the C -G zoning request (with a Development Agreement). LOCATION The subject property is located on the northwest corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Rowe annexation and east of Champion Park Subdivision. The property is designated as "Mixed Use- Regional" on the Future Land Use Map of the 2002 Comprehensive Plan. AZ -03-025 Blue blarlin.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 2 SURROUNDING PROPERTIES North — Three (3) low density residential and pasture land parcels, ranging from 1.00 to 5.70 acres, zoned RUT and Agricultural (Ada Co.). All three parcels are in the Boise City Area of Impact and designated as "Low Density" on their Future Land Use Map. South — Three (3) small, undeveloped parcels, zoned RUT (all included in the Kissler/Cobbs/Eagy/Rowe annexation application). Two of the parcels are owned by Eagy (west half) and one is owned by Cobbs/Kennevick (at the comer). East — Champion Parc Subdivision (alta "Parkstone Subdivision"), zoned R-8. The Champion Park Planned Development site plan shows an indoor storage facility adjacent to the proposed land to be annexed. West— One 16.5 -acre, undeveloped parcel, zoned. RUT (Ada Co.), owned by Caven, Inc. (within Meridian's Area of Impact); and the 21 -acre parcel owned by the Boise Church of the Nazarene. OWNERS OF RECORD Per Ada County Assessor records, there are three (3) separate tax parcels within the proposed annexation boundaries. The parcel ownerships are as follows: - Winston H. Moore (2 parcels) 29.70 ac. - Joann Crawford (1 parcel; middle) 28.05 ac. Total 57.75 ac. (approx.) Winston H. Moore has provided notarized consent for the subject application. (Note. While the Ada County Assessor records still show Crawford as owner of the 28 -acre parcel, a Warranty Deed was submitted with the application showing Mr. Moore purchased the property. However, the deed submitted with the application is not recorded and the Assessor's Office still shows Joann Crawford and Jack Joslin as the tilled owners. See "Special Note" below for more detail.) ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixed Use — Regional." The purpose o f this designation i s "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan ... and to identify key areas [of the City] 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 AZ -O 1-025 BILK Marlin. AZ P&ZCommission/Mayor and Council Transmittal Date: November 3, 2003 Paee 3 degree o f design and u se f lexibility." ( See C hapter VII, p g. 9 7.) The requested C -G z oning generally conforms to this stated purpose and intent of the MU -Regional designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): Mixed Use Area Comp Plan Policies (from Chanter VID • "All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use -Regional (areas). A CUP application would .not be needed (for developments within the MU -Regional area) unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance." The subject property falls within the MU -Regional designation. There are several existing residences within 300 feet of the southwest and northern boundaries of the property. No existing or proposed schools are within 300 feet of any portion of the property. The applicant has stated a willingness to have future development proceed either through the Planned Development or individual CUP process. • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69'; The subject property is adjacent to the west right-of-way boundary of SH 55 and the property has more than 1, 700 feet of frontage on the state highway system. Given the high traffic volumes and central location between I-84 and SH 44, the property has high potential to develop as an employment destination center. During the pre -application meeting, Staff informed the applicant of this Comprehensive Plan policy and strongly encouraged the applicant to integrate a residential component into theirJuture development strategy. It should be pointed out that residential uses are prohibited in commercial zones. Under the current Subdivision Ordinance, residential uses would only be permitted in the proposed C- G zone through a Planned Development (PD) where the maximum 20% excepted uses clause is employed. If the Commission and Council want to ensure a mix of uses including some form of residential use in this area, a couple of different options could be pursued: a) Require a Development Agreement (DA) be entered into as a condition of the annexation which establishes a minimum density and/or residential uses through a future PD application; b) Deny the C -G zone request for the entire 57 acres and require the applicant to submit a new legal description that incorporates a residential zone for a designated portion of the property; c) Deny and/or table the annexation request until a development application accompanies the annexation which demonstrates that some residential uses are incorporated. AZ -03-02s nluc Marlin.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 4 • "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 development, prior to a formal development application being submitted"; No development application was submitted with the annexation, but, given the size of the property, it is anticipated that development will occur in a phased manner. Staff believes it would be beneficial to the City and adjacent property owners to have a conceptual site/master plan prepared for this area to demonstrate limited access to Eagle Road/SH 55, internal access/circulation and building footprints, etc. We support the use of a "bubble concept" which establishes minimum areas of various uses but incorporates a degree of flexibility. If the Commission and/or Council want to review a conceptual site plan prior to a detailed CUP application being submitted, such a requirement may be addressed as part of the DA. (See Site Specific condition #r3 below.) • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged'; North Boundary: There are three (3) existing residences immediately adjacent to the property's north boundary, which is approximately 1,600 feet long. Another residence (Wagnild) sits less than 500 feet from the northwest corner of the property. As long as the Boise Comprehensive Plan designates these properties as Low Density and they remain under separate ownership (e.g, are not incorporated into the WH Moore project)„ a combination of buffers and transitional uses is likely to be required, especially for the first 800 to 1, 000 feet west of Eagle Rd/SH 55. West Boundary: The approved Planned Development for Champion Park Subdivision has commercial and mini -storage uses designated for approximately 1,500 feet along the shared property line, starting at Ustick Road. No transitional use or buffer is anticipated along this segment. However, there are five (5) single family residences preliminarily platted north of the mini -storage units (approximately 300 feet), which will require a transitional use. A transitional use is not specifically called out but could be addressed as part offuture CUP applications or as part of a conceptual master plan, as noted above. If approved as proposed, all of the uses adjacent to Carol's Subdivision would have a C -G base zone (with a DA, if staff conditions are adopted). Staff finds that transitional uses could be addressed as part offuture CUP applications. • "Residential density allowed of 3 to 40 units/acre" No residential uses are proposed by the applicant. The application (page 4 of the applicant's "Rezone Comments "form) specifically states they are not proposing housing. However, as noted above, Staff is recommending some high density residential be incorporated into the development. AZ -03-0)5 Blue Mai In.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 5 • "No upper limit of non-residential uses (square footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.) • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The Public Works Department is currently completing construction of the South Slough Trunk extension in the vicinity of this annexation. The project extends the trunk to the Eagle and Ustick Road intersection. Municipal water is currently available in Ustick Road and at the Eagle and Leslie Drive Intersection. The Meridian Fire Department is in the final stages of construction of a new substation (#3) approximately one mile to the west of the subject property. • "Encourage high-tech, research, phannaceutical firms and high-quality retail facilities." (Chapter 1V, Goal II, Obj. A) • "Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway." (Chapter V, Goal III, Obj. B, #8) Both Eagle Road/SH 55 and Ustick Road are classified as entrym w� corridors by the comprehensive plan in this location. Street buffers will be required at the time of figure development. • "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 ACHD in 1997." (Chapter VI, Subsection 2, pg. 71) No access points are proposed or addressed as part of this application. The Planning & Zoning Department has had recent discussions with ITD District 3 (Sue Sullivan) regarding controlled and restricted access points adjacent to SH 2O-26, SH 55 and SH 69 in Meridian's Area of Impact. We are recommending ITD coordinate with the City of Meridian to require backage roads be constructed on all parcels with state highway frontage, wherever the parcel sizes and configurations allow. Therefore, in light of this recent policv discussion, staff is recommending the Commission and Council require backage roads (either public or private) be incorporated into future development as a condition of the DA. (See Site Specific Condition #3 below.) • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VTI, Goal I, Obj. B, #5) AZ -03-025 Blue MarIN.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 6 The subject property has frontage on two arterial roadways. If uses adjacent to the residential land to the west are controlled either through a CUP or zoning, this development could complement adjoining residential areas. • "Develop incentives for high-density development along major transportation corridors to support public transportation system." (Chapter VII, Goal IV, Obj. D, 97) B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. As mentioned in Finding A, Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the subject property, the first phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L -O) located approximately one half (%2) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential subdivision located in Boise City less than a'/4 mile east of the property. Staff finds a rezone of the proposed property would. be compatible with other land use and facility changes in the area. C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; No uses are proposed with this application. Certain permitted uses in the C -G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses to the north and future homes in Champion Park. The other existing single family use near the subject property (the Nesmith outparcel) is designated as future mixed use in the comprehensive plan. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. As noted in Finding "C", some uses may be disturbing to existing residential uses to the west. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring residential rises. AZ -03-02i Lilue Marlin.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 7 E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. The Commission and Council should rely upon comments submitted by Meridian Police and Fire Departments to determine serviceability for these services. All other public services and facilities noted above appear to be adequate to service this property. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. We also find that the annexation and zoning alone will not be detrimental to the community's economic welfare. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that several of the allowed uses in the C -G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a Development Agreement could establish use parameters that would prevent detrimental effects. To comply with this finding, Staff recommends a DA be entered into which requires a conceptual plan for future uses, paying particular attention to uses along the north and northwest boundaries. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds t hat any future u ses will impact the level and flow o f traffic o n the surrounding streets. Specific traffic counts will be determined at the time of development application. 'l n accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 1.07), staff finds that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build -out. AZ -03-025 Blue Marlin.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 8 I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the annexation alone will not result in the destruction, loss or damage of other natural features. I Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base available to future developers; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. Staff also finds that, based upon the information submitted in the application, it is difficult for the Commission and Council to fully determine "best interest" factors, since no future users are known at this time. The CUP/PD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. SPECIAL NOTE As mentioned under the "Owners of Record" section above, Joann D. Crawford and Jack R. Joslin are shown by the Ada County Assessor's Office as the titled owners of a portion of the subject property. Per Staffs request, the applicant submitted a Memorandum of Purchase Contract which outlines the legal rights of Winston H. Moore as the "Buyer" of the Crawford property. Said contract confirms that W.H. Moore is the equitable owner of the 28 -acre Crawford parcel and, as such, has the right to approve consent for the annexation application to be submitted to the City. Therefore, Staff did not request Crawford's notarized consent. ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 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. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and Winston H. Moore. The DA shall require that either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. In addition, a conceptual master plan demonstrating interconnectivity, good internal vehicle circulation, transitional uses, access points and other key land planning issues is required prior to ��1-03-0?� Uluc Mai hn.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 9 any development application being submitted on the subject property (e.g. plat, conditional use). Residential uses shall also be addressed as part of the DA, including standards such as a target minimum density and a minimum number of dwelling units. These standards may be incorporated and addressed during the conceptual master plan review process. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Blue Marlin Annexation: • "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 forms of transportation such as transit, walking, and cycling. • New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. • 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. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • 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 ACHD in 1997." Mixed Use Development Policies Applicable to the Blue Marlin Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • 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 development, prior to a formal development application being submitted; • 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; AZ -03-035 Blue Marlin.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 10 • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 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 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. RECOMMENDATION The central point of discussion for this application appears to pertain to Findings A and J above and the question of residential uses and CUP applications. There is a close relationship between this application and the Kissler/Cobbs/Eagy/Ruwe annexation currently before the City Council (continued to 11-12-03). While Staff included residential as a possible use in the Kissler report, we are making residential a more central part of the Blue Marlin recommendation and believe it is an important element of the development. One difference between these two applications worthy of discussion is the size, ownership and configuration of the parcels in each annexation. The Kissler annexation involves four (4) property owners and six (6) separate parcels. Blue Marlin will be developed by a single owner and as a coordinated, master planned development that is likely to be marketed by one agency/realtor. The parcels in the Kissler annexation were on both the east and west sides of Eagle Rd/SH 55 and included one, 18 -acre parcel and five, split-up parcels totaling approximately 25 acres. The Blue Marlin annexation is a single land holding that includes over 57 acres. The "MU -Regional' land designation of the 2002 Comprehensive Plan is to be distinguished from the "Commercial" designation. The Eagle Rd/SH 55 and Ustick Road intersection is one of only four MU - Regional areas in the Area of Impact. As such, we anticipate the area to develop more as a destination and employment center than the smaller mixed use or stand alone commercial/office areas. The intersection and its large, undeveloped parcels offers an excellent opportunity to plan the area to capture trips by integrating a high density residential component. Some high density residential uses integrated with commercial uses at this intersection would compliment the comprehensive plan policies noted above. Finally, a conceptual master plan would benefit the City, current property owners, future builders and the public. Staff recommends approval of the annexation and zoning, with the DA requirements as noted above. AZ -03-025 Blue Mai lin.AZ 91 ** TX CONFIRMATION REPORT 4cu DATE TIME TO/FROM 02 01/09 10:15 2088886854 MOORS A P A N Y Aeal arate Development 600 H. STEELHEAD WAY. SUITE 144 (63704) P.O. BOX SM BOISE,10AH06S707.2204 AS OF JAN 09 '04 10:15 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD13 STATUS EC --S 00'20" 001 108 OK Date: January 8, 2004 To: Brad Hawkins -Clark City of Meridian Planning & Zoning 660 E. Watertower Lan Ste 220 Meridian, ID 83642 From: Jonathan R.Seel� Subject: AZ -03-025 — Blue Marlin Request for Annexation and Zoning of 57.84 Acres RECEIVED 9 2004 CITY OF MERIDIAN CITY CLERK OFFIrF We request that the Planning & Zoning hearing for the referenced application be moved from January 15, 2004 to the next available Commission hearing. We regret any inconvinece this make cause either the Planning & Zoning Department or the Comission. Thank you for your cooperation in this matter. cc: Meridian City Clerk's Office Cornel Larson, Larson Architects CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE November 6, 2003 ITEM # 9 PROJECT NUMBER AZ 03-025 PROJECT NAME Blue Marlin Subdivision NAME (PLEASE P FOR I AGAINST INEUTRAL January 12, 2004 AZ 03-025 MERIDIAN PLANNING & ZONING MEETING January 15, 2004 APPLICANT W.H. Moore Company ITEM NO. REQUEST Continued Public Hearing from November 6, 2003 — Request for annexation and zoning of 57.84 acres from RUT to C -G zones for Blue Marlin — northwest comer of East Ustick Road and North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See previous Item Packet pc-nolm -b 2-jcj-O4 OTHER: , q,7 (,t/G-r^'Q QYJi/Yf UAr1 �.0/T(01v1 lt, Contacted: f �� 'tAnr 0" `i Date: �� Phone: Emailed: Staff Initials: Materials presented at public meetings shah become properly of the City of Meridian. February 1% 2004 gECEIV11:D FEB 19 2004 MERIDIAN PLANNING & ZONING COMMISSION CITY OF 3MR 1)1i N City Hall Meridian, ID 83642 RE: Application For Annexation & Zoning of 57.84 Acres Known As Blue Marlin Dear Commissioners: The Jasmine subdivision is located directly north of the property involved in this application. The subdivision consists of five homes located on 44 acres with access provided by two private lanes. After a meeting and discussion with representatives of the W.H. Moore Company on October 30', we would like to offer the following: 1. There is insufficient information and detailed project plans upon which to base an informed decision relative to this application. The Jasmine Homeowners Association (JHA) is therefore unanimously opposed to the annexation and zone request as presented. 2. JHA is concerned about any land use that will create a noise, hazard and/or sight nuisance; any use that will alter, limit or negatively impact the enjoyment and use of the homes located in the Jasmine subdivision; and any use that is contrary to protecting and fostering the existing neighborhood and the lifestyle it affords. 3. JHA is interested in working with the Meridian P & Z, City Council and W.H. Moore Company to mitigate any future potential land use conflicts. 4. JHA is prepared to review and discuss any specific plans that may be brought forward in the future by W.H. Moore Company relative to the subject property. Thank you for your consideration. Sincerely, JAS OMEOWNERS ASSOCIATION Wally Hedrick President Home: 938-2603 Cell: 890-9101 D. Livestock And Poultry Prohibited; Exception: Within any of the zoning districts of the City, it shall be unlawful to use the land for the keeping or housing of poultry or livestock. All poultry or livestock presently kept or maintained prior to the passage of the Ordinance codified in this subsection shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year, poultry or livestock may not again be able to be kept or maintained on that property; provided, that said property was being legally used to keep or maintain poultry or livestock prior to adoption of the Ordinance codified in this Title; and, provided, however, that property presently or subsequently zoned for the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock. (Ord. 524, 4-3-1990) SECTION 7: That Chapter 17 of Title 11 "Conditional Uses" Zoning Regulations of the Meridian City Code, be, and the same is hereby repealed. SECTION 8: That a new Chapter 17 of Title 11 "Conditional Uses" Zoning Regulations of the Meridian City Code, be, and the same is hereby enacted to read as follows: 11-17-1: GENERAL: Conditional uses by definition have characteristics which require that the proposed use be reviewed and evaluated by the Commission and Council as to whether or not the use will be detrimental to other persons, property or uses in the vicinity. The Commission shall hold a public hearing on each conditional use application, and shall recommend approval, denial or modification of the application to the Council. Recommendations for approval or modification shall include conditions deemed necessary to insure compatibility of the development with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of this Ordinance. ZONING REGULATIONS "CONDITIONAL USES" AND 44 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE I 1 AND CHAPTER 6 OF TITLE 12 CHAPTER 17 �FCLzV C� .4C20NMTI0NXL USES SECTION: FEB 19 2004 CITY Or, AmyruDIA-1i 11-17-1: General 11-17-2: Contents Of Conditional Use Application 11-17-3: General Standards Applicable To All Conditional Uses 11-17-4: Supplementary Conditions And Safeguards 11-17-5: Procedure For Hearing And Notice 11-17-6: Action By The Commission 11-17-7: Appeal Of Commission Action 11-17-8: Action By The Council 11-17-9: Appeal Of Council Action 11-17-10: Transfers & Modifications 11-17-11: Revocation 11-17-1: GENERAL: Conditional uses by definition have characteristics which require that the proposed use be reviewed and evaluated by the Commission and Council as to whether or not the use will be detrimental to other persons, property or uses in the vicinity. The Commission shall hold a public hearing on each conditional use application, and shall recommend approval, denial or modification of the application to the Council. Recommendations for approval or modification shall include conditions deemed necessary to insure compatibility of the development with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of this Ordinance. ZONING REGULATIONS "CONDITIONAL USES" AND 44 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE I 1 AND CHAPTER 6 OF TITLE 12