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January 12, 2012 Planning Staff MemoMayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba January 12, 2012 MEMORANDUM TO: Mayor & City Council FROM: Sonya Watters CC: City Clerk, Pete Friedman, Becky McKay, Bill Nary RE: Ten Mile Annexation (AZ-11-001) This application was heard by City Council on December 6, 2011. Because Staff and subsequently the Planning & Zoning Commission recommended denial of the proposed annexation & zoning application, development agreement (DA) provisions were not included in the staff report nor recommended by the Commission. The hearing was continued to December 20, 2011 in order for the Staff to meet with the applicant to discuss appropriate DA provisions. On December 20, 2011, Council discussed the application and then continued the hearing to January 17, 2012 in order for Staff to develop potential development agreement provisions for Council consideration. If Council approves the annexation, there should be three separate development agreements since there are three property owners. The DA provisions for the SJJV and Fedrizzi parcels are fairly straight forward since the proposed zoning comports with the Ten Mile Interchange Specific Area Plan (TMISAP). The same is true for the Janicek parcel proposed to be zoned TN-C that would be located on the west side of the annexation area and the northlsouth collector road. The proposed zoning districts are shown on the map attached as Exhibit A. The primary area of attention is the Janicek Parcel on the east side of the annexation area between the proposed collector streets and Ten Mile Road. Because this property is located in the heart of the Ten Mile Interchange Specific Area Planning area, it is crucial for development to be consistent with the intent of the Plan. Mixed use areas represent the essential commercial components of the Plan and are the foundation on which the Plan will be built and are intended to foster fully integrated land uses. Mixed use areas typically include three or more significant income producing uses consisting of retail, office, residential, and lodging facilities. As stated in the staff report, Staff did not feel the proposed C-C zoning of the property is consistent with the Plan as recommended in the Zoning District Compatibility Matrix contained in the-Plan which lists the TN-C zoning district as the "best" choice for both the Mixed Use Commercial (MUC) and Mixed Use Residential (MUR) designations. While the C-C zoning district is listed as a "possible" choice for MUR & MUC designated properties, development in the C-C district would not typically follow the traditional neighborhood design concepts embodied in the TN-C district. Development in the TN-C district tends to be more pedestrian oriented and more consistent with traditional neighborhood design concepts as desired for this area, whereas development in the C- Cdistrict tends to be more auto-oriented and strip-type commercial and less pedestrian friendly. Planning Department ®33 E. Broadway Avenue, Suite 210, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 ®www.meridiancity.org Page 2 The C-C district also differs from the TN-C district because more intense non-residential uses such as equipment rental, sales, & service; dispatch center for mobile services; drive through establishment; flex space; fuel sales facility; hospital; storage facility; minor vehicle repair; vehicle sales or rental & service; and vehicle washing facility are all possible allowed uses, whereas they are prohibited in the TN-C district. The C-C district is primarily intended for a larger scale and broader mix of retail, office, and service uses. All types of residential dwellings are possible uses in the TN-C district, however only multi-family & vertically integrated residential are allowed in the C-C district which does not provide for the mix of residential uses desired in the mixed use designated areas. For all these reasons, Staff is of the opinion that it is crucial to lay the foundation for future development in the area proposed for C-C zoning to reflect the intent of the MUR & MUC designations of the TMISAP, especially in the absence of a site development plan. If the City Council approves the annexation request without development plans, Staff recommends DA's are required to ensure the properties are developed in accord with the vision for mixed use areas contained in the TMISAP. The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN-C & C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integration of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. Page 3 b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. £ Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. h. Maximum building footprint is twenty thousand (20,000) square feet; however, other than retail, all other uses maybe allowed a footprint of greater than twenty thousand (20,000) square feet through the conditional use permit process. i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket parks and other public spaces in site design. 1. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). Page 4 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. b. Maximum building footprint is twenty thousand (20,000) square feet; however, other than retail, all other uses maybe allowed a footprint of greater than twenty thousand (20,000) square feet through the conditional use permit process. 5. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. The owner/developer shall install mains to and through the development and shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C-C & H-E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). Page 5 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. c. Maximum building footprint is twenty thousand (20,000) square feet; however, other than retail, all other uses maybe allowed a footprint of greater than twenty thousand (20,000) square feet through the conditional use permit process. 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Page 6 EXHIBIT A Proposed Zoning Page 7 EXHIBIT B 'nom lvlarch 14, 201 l 1v4r. Gary Inselman Ada County tTigh~va}' Disiiict 37?5 Adams StrcGt Garden t'.ity, II] ti~714 SLIAJF.C:T: TLT! M[LE.INTERCHANGE NEST r1CC1;55 ANA'YLSIS Dear Ciar}': Mayor Tammy dv Weerd ctty t;,~nt1l Members Wtith QI~ Esrad Hoaglun CharfesR4unuee 'b9'rld Zaremba TOvs is in response in the- Tan lviile Interchange Gomme~cial'I'rattic Analysis dated February' I ~, 2Q1 ] by Dobie Eltgineering. Gity of l4iexidine I'lannirtg and Publie Works staff have t~avictitird tltc analysis, proposed right ofway aligttmcnts and,~xcasses fir cc~nsistcncy.vith the Ten lvlile Interchange Specific Arca Plan {ThILSAP). In the abscnec of specific development plans wa eta in gsncral agr~ment wish the wtdcrlying assumptions of the study and same of the proposed access points, tiVe are of the opinion that it -~'ould be boneIIcial to wait until speoitie development plans are proposed to dotcrmine other accesses, tiV+~ recognize shat the analysi9 i~ correctly based on the adopted Innd use designatians of tha TI4tJSAP even thougas the precise land uses are not identified. yJhilc iha FAR employed in the at~lysis (.SD) its lower than nnticipated in the `[M1SAI' it seems re.9sonable sinec the rixomtnetttDed FAIts in the plan do not accoumt for road rights of way and alleys. Thn9, ova arc In general agreement with the assurnpfiorls Vlith regard to the proposed accesses, u'e recognize and suppgrt ttte District's policy of idcntiFying ux:cess at the tithe of development application and appreciate the District's t7exibility in reviewing the propn9ed recesses and right of way ali~tnneots in this unique situatian_ Dried on our review of the analysis and the proposed ac~esses our comments are directed to specific alias on the attached map wish ~:crrrespvn+li~~g uuriiaric labels; ® We de,Cer to the Dislrici on rho locution of the access to dtc west side of Ten A~iilc Ruud Iltai ~vottld ba Muted on the north portion of the 7anicek property or the snot}( portion of the CemeY Prr+Fe~Y~ ~~) ® Approval of the accesses proposed fat the isortlt and narlhfsouih e411s~.tots should be de&trcd until a specific development plan {s propq~d in order to deltrnefne the preciso location and fianciionality. (2) Ptanning t7epartment . 33 B. Broad~vay, 6Aeddian, ID a38A2 Phorta 2(}8.884-5533 . Fax Zoe-888864 . w~rrw,maric~ancily.org Page 8 Ivir. t3ary inselman Page 2 ® The direct access from the Fedri2xi property to Tern Milc Road should be limited to "emergettcy only" ttnlil such dme as other ncce~ to Ihat property can be achievetL The proposed driveway avicess to tlra~ Tedrizxi property on the north-south co[lector should be approved. (3} ® CJn the south side of the south collector road we recommend that fast right ia• right out west of Ten Mile Road be approved as •~~ell ~ [he left inl right in -right out located to the wrst of that access. (4) We are of'the opinion that the uace5s located on the western edge of the S7JV property be approved in cbac~ert +vith a specific development proposal and oonsideratlon be given to locating it on tttc cotttmon property litre with Meridian 118. {$} On the north side of rite south wlleetar we recommend that approval of the access immediately east of the roundabout {~ and rpcomtnend that action on the ether tvq be deferred {7} until a specific development appliratioa is tendered Cor coasideratien. in addition we are unsum of the necessity of the left in turning movement as proposed for the middle access, {8) , . , Thank you for consideration of our cottunents. Please feel Free to cult if you Gave any questiops ar -voutd like to meet to discuss the proposed alignmcnks_ ~ lY'~ to pricdmart, AICP Deputy Dirtctcrr ire Anna Canning Becky McKay Pat Qobic Tim Curbs , ++ I ~~ ~~ ~® 1C } .•~~a i 1 ~c j t m~uu cu y, '~` ~ t ~ ~~ ~ t ~ GV~ei i ~~ t ~~i-J~'I /,Y ~ti _,-~iQY Access should be moved to the property line _! I ~r ~' I I ~r ~ ,~,y ° b _~~ I ~`'~ fir, ~ i l) E -$ i . `~~s~ ro,o 5 s„ Emergency access only if approved by ACI-ID