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CC - Staff Report1 Charlene Way From:Sonya Allen Sent:Friday, July 20, 2018 9:20 AM To:City Clerk Cc:hclark@spinkbutler.com Subject:Sodalicious - AZ H-2018-0046 Commission Recommendation to Council for July 24th Mtg Attachments:Sodalicious - AZ H-2018-0046 Commission Recommendation to Council.pdf Attached are the Planning & Zoning Commission’s recommendations and the Staff Report for the proposed annexation & zoning for Sodalicious. These items are scheduled to be on the City Council agenda on July 24, 2018. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Hethe - Please submit any written response you may have to the recommendations in the report to the City Clerk’s office ( cityclerk@meridiancity.org ) and me by 3:00 pm the Thursday prior to the meeting. Thanks, Sonya Allen Sodalicious – AZ H-2018-0046 PAGE 1 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sodalicious – AZ (H-2018-0046) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 10th & Fairview, LLC, submitted an application for Annexation and Zoning (AZ) of 0.36 of an acre of land with the C-G zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler (response to the staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0046, as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0046, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Sodalicious – AZ H-2018-0046 PAGE 2 Continuance I move to continue File Number H-2018-0046 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1035 E. Fairview Avenue, in the northeast ¼ of Section 7, Township 3 North, Range 1 East. (Parcel #: S1107120677) B. Owner(s): 10th & Fairview, LLC 435 E. Shore Drive, Ste. 210 Eagle, ID 83616 C. Applicant: Same as Owner D. Representative: Hethe Clark, Spink Butler, LLP 251 E. Front Street, Ste. 200 PO Box 639 Boise, ID 83701 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29, 2018 (City Council) D. Applicant posted notice on site(s) on: June 8, 2018 (Commission); July 13, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a drive-through restaurant (i.e. Sodalicious) operating on this site; the property is currently zoned C2 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Fairview Ave. and commercial uses, zoned C-G 2. East: Commercial property, zoned C-G 3. South & West: Vehicle sales, zoned C-G Sodalicious – AZ H-2018-0046 PAGE 3 C. History of Previous Actions:  A drive-through restaurant (i.e. Sodalicious) was recently approved in Ada County to operate on this site (Project #201701971-MSP).  This property is currently receiving City water and sewer service. The terms for provision of sewer service are contained in the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018- 001828, and 2nd amendment #2018-012303. D. Utilities: 1. Public Works: a. Location of sewer: This property is currently receiving sewer service from the City of Meridian. b. Location of water: This property is currently receiving water service from the City of Meridian. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. A drive-through restaurant (i.e. Sodalicious) was previously approved in Ada County to operate on this site (Project #201701971-MSP). The approved site/landscape plan is included in Exhibit B. The existing use is an appropriate use in the Commercial designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the use of this property: (Staff’s analysis in italics) • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Landscaping was required with development of the site in Ada County.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) This site was allowed to retain access via E. Fairview Avenue with development in Ada County. A cross-access easement exists to this property from the property to the east.  “Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) This site was previously provided with City water and sewer service with the stipulation the applicant apply for annexation into the City. Sodalicious – AZ H-2018-0046 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: Commercial: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. A restaurant is listed as a principal permitted use and a drive-through establishment is listed as a conditional use in the C- G district when it’s within 300 feet of a residential district or an existing residence and is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. However, because the existing use was approved in the County, no further approvals are required in the City. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex 0.36 of an acre of land into the City with a C-G zoning district consistent with the Commercial Future Land Use Map designation for the property. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. There is an existing restaurant with a drive-through (i.e. Sodalicious) on the site that was recently approved in Ada County (Project #201701971-MSP). A site plan is included in Exhibit A.2 that depicts how the site was developed. Services: City sewer and water services are currently being provided to this property. The agreement for extension of sewer service (referenced in Section VI) requires the User to submit an annexation application and enter into a Development Agreement (DA) with the City of Meridian concerning the use or development of the subject property. The sewer service agreement states that the DA will include requirements that the use of the subject property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. Access: Access is provided to this site via E. Fairview Ave. A cross-access easement exists to this site from the property to the east. Staff recommends a reciprocal cross-access easement is granted to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2 as a provision of the development agreement; however, it may not be feasible at this time to utilize the cross- access due to the location of the billboard sign. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross-access easement is provided to the west. Non-Conforming Use: There is an electronic billboard that exists along the east boundary of this site that was a permitted use under Ada County ordinances. Upon annexation, the billboard will be considered a non-conforming sign as billboards are prohibited within the City. As such, the sign is allowed to remain subject to the provisions for non-conforming signs set forth in UDC 11- Sodalicious – AZ H-2018-0046 PAGE 5 1B-6; repair or replacement of LED digital faces on the sign does not constitute replacement or removal of the sign or sign structure as described in 11-1B-6 and noted in the Agreement for Extension of Domestic Sewer Service. Note: When the City Council approved the agreement to provide sewer service to this property, they did so without requiring a sunset clause on the billboard sign. The street buffer along E. Fairview Ave. is also non-conforming to UDC standards at 10 feet in width; the UDC requires a 25-foot wide street buffer along arterial streets. Because the buffer was previously approved by Ada County, a wider buffer is not required to be provided with this application. Certificate of Zoning Compliance (CZC): Because development of this site was approved in Ada County and no expansions of the use or changes to the site are proposed with this application, staff does not recommend a CZC is required to be submitted for the existing use. However, the owner is required to obtain a new Certificate of Occupancy from the Building Department for the existing use. Staff has included recommended DA provisions in Exhibit B in accord with the analysis above and the sewer service agreement. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site/Landscape Plan Approved by Ada County B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Exhibit A.1: Vicinity/Zoning Map - 2 - Exhibit A.2: Site/Landscape Plan Approved by Ada County - 3 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the Comprehensive Plan, regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. b. City acknowledges that a nonconforming electronic outdoor advertising sign is installed on the Subject Property. Such nonconforming sign may remain on the Subject Property subject to the provisions for nonconforming signs as set forth in Meridian City Code section 11-1B-6, as such section exists on the date of execution of this Agreement, a copy of which is attached hereto as Exhibit B. The parties agree and acknowledge that repair or replacement of LED digital faces on the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11-1B-6 as set forth in Exhibit B. c. A cross-access easement shall be recorded granting access to the property to the east (parcel #S1107120655) in accord with UDC 11-3A-3A.2. A copy of said easement shall be submitted to the City prior to issuance of Certificate of Occupancy. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing use upon annexation of the property into the City of Meridian. e. The owner shall comply with the terms of the Agreement for Extension of Domestic Sewer Service outside Meridian City Limits #2017-095482, 1st amendment #2018-001828, and 2nd amendment #2018-012303 included as Exhibit “__” in this agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application as no pathways are depicted on the Pathways Master Plan for this site. 6. ADA COUNTY HIGHWAY DISTRICT This application is for an annexation and rezone only. Listed below are some site specific conditions of approval that the District may identify when it reviews a future development application. The District may add additional conditions of approval when it reviews a specific development application. - 4 - 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate additional right-of-way on Fairview Avenue to total 62-feet from centerline. This segment of Fairview Avenue is listed in the CIP, so the applicant will be compensated for right-of-way dedication. 6.1.2 Relocate the sign that is located near the west property line a minimum of 62-feet from centerline of Fairview Avenue. 6.1.3 Access to Fairview Avenue is approved as temporary full access, and may be restricted to right -in/right-out at any time, as determined by ACHD. 6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6.1.5 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.6 Comply with the Standard Conditions of Approval as noted below. - 5 - Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary - 6 - - 7 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed annexation and zoning of this property is in the best interest of the City if the applicant complies with the provisions in the Development Agreement included in Exhibit B.