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HomeMy WebLinkAboutEquity Benefits AZ 04-001March 1, 2004 AZ 04-001 MERIDIAN PLANNING & ZONING MEETING March 4, 2004 APPLICANT Equity Benefits, LLC ITEM NO. ~ 0 REQUEST Public Hearing -Request for annexation and zoning of .5 acres from RUT to C-G zones for Equity Benefits - 2540 East Franklin 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: Emailed: COMMENTS No Comment No Comment No Comment ~ro~'A~~ ~ Gc~ Date:.S ~ 'U~ Phone: -! `1 Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY NrAYOR A Good Place to Live Robert D. Come CITY OF MERIDIAN CITY COUNCIL MEMBERS Tammy deweerd 33 EAST IDAHO William L. M. Nary MERIDIAN, IDAHO 83642 Cherie McCandless (208) 888-4433 ~ FAX (208) 887-05 l3 City Clerk Office Fax (208) 858-4218 Kei[h Bird STAFF REPORT: Hearing Date: March 4, 2004 Transmittal Date: February 2'~7,r2004 To: Planning & Zoning Commission /Mayor & City Council ~~CE~ V E~ From: Bruce Freckleton, Assistant to City Engineer ~ MAR 0 1 2004 Craig Hood, Associate City Planner ~~ City Of Meridian Subject: Equity Benefits Annexation City Clerk Office • Request for Annexation and Zoning of 0.56 Acres from RUT (Ada County) to C-G by Equity Benefits, LLC (Fide #AZ-04-001) We have reviewed the above-mentioned submittal 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, Equity Benefits, LLC, has requested the annexation and zoning of 0.56 acres from RUT (Ada County) to C-G (General Retail and Service Commercial). Included within the 0.56 acres are 4,200 square-feet of ACHD right-of--way (0.1 acres), making the "buildable" area of the annexation and zoning request 0.46 acres. The site is located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road. The current mailing address for the property is 2540 East Franklin Road. In the applicant's submittal letter, the applicant states that the property will be used for class "A" office space. Professional and sales offices are a principally permitted use in the proposed C-G zone. Therefore, a CUP would not be required for an office type use. Staff is recommending that the applicant enter into a Development Agreement with the City as a condition of annexation of this property (see below). Staff is recommending approval of the subject annexation application and approval of the C-G zoning request, with the conditions outlined in this report. LOCATION The subject property is located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road, and approximately 2,300 feet east of Nola Road in Section 8, Township 3 North, Range 1 East. North -Meridian Academy School, zoned I-L South -Single-family homes (Greenhill Estates Subdivision), zoned Rl in Ada County East -Single-family home on 5-acres, zoned Rl in Ada County West -Meridian School District property, zoned I-L Az-oa-ool Equity Benefils.AZ.doc P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 2 OWNERS OF RECORD The property owner of record is Equity Benefits, LLC; Vince Covino, a managing member, has provided notarized consent for the subject application. 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 fmd 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; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated 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. Staff fmds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff fmds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) There is only one access point to Franklin Road, a principal arterial street, to this site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) Currently there is some dense landscaping abutting Franklin Road on this site. As part of the Franklin Road widening project, the Ada County Highway District (ACHD) is removing the existing landscaping and constructing a retaining wall and berm on this site. • "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 N, Goal I, Objective A, Action item 6) The Meridian Fire Department has submitted comments and conditions regarding serviceability of this site (see comments at end of this report). AZ-04-001 ~ Equity Benefits.AZ P&Z Corrnnission/Mayoranl Council Transmittal Date: November 3, 2003 Page 3 77te subject site is not currently serviced by City of Meridian's sanitary sewer and water systems. New water and sewer mains are being installed as part of the Franklin Road rebuild project. The plans call for a new 4-inch diameter sewer service and a 2-inch water service to the subject property. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on Franklin Road, an arterial roadway. The applicant intends t o u se t he existing h ouse for off ce use. Staff b elieves t hat the conversion o f t he home to off ce will blend-in with the existing residential structures in the area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not speciftcally proposing to install any landscaping with the subject annexation application. As part of the Development Agreement staff is including a condition requiring the applicant to submit for a Certificate of Zoning Compliance (CZC) which will require the applicant to construct landscaping along Franklin Road and the perimeter of the site (see Conditions #3 and #4 below). B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included to the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; In the applicant's submittal letter, it is stated that the subject property is intended to be used for office purposes. Staff finds that professional offices are allowed in the proposed C-G zone and therefore would not require a conditional use permit. D. ,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 vacant industrial/agricultural and low-density residential uses to commercial urban type development. There is an apartment complex being constructed approximately 400 feet west of the site, and a mixed-use commercial development just west of that. There is commercial and office zoning at the Franklin Road and Eagle Road intersection, and industrial zoning to the north and east of this site. Franklin Road is currently being widened to a five-lane roadway. Staff finds that AZ-04-0Ol Equity Benefits.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 4 annexation and zoning of this site to C-G would be compatible with other land use and facility changes in the area. E. 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; The existing single-family home on the subject property is designated by the applicant as an office use. A detailed review of the project site will need to be completed upon submission of a Certificate of Zonin@ Compliance (CZCI. Staff fmds that an office use, and any other office/commercial use, if designed, constructed and operated in accordance with adopted city ordinances, through a future CZC application(s), should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the use of this site for commereial/office purposes will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. The Commission and Council should rely on public testimony to determine whether the proposed C-G zoning will be disturbing or hazazdous to the neighboring residential, public, and commercial uses. G. 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 fmds that the current widening of Franklin Road, and the extension of Locust Grove Road, in this area should be adequate to serve this site/area for several years to come. City of Meridian's sanitary sewer and water systems do not currently service the subject site. New water and sewer mains are being installed as part of the Franklin Road rebuild project. The plans call for a new 4-inch diameter sewer service and a 2-inch water service to the subject property. On February 13, 2004, a joint agency/department comments meeting was held with representatives o f k ey se rvice p roviders t othis property. T he M eridian Fire D epartment h as concerns with serviceability of this site, as the fire hydrants neaz this site aze not located in accordance with the International Fire Code (all of the detailed conditions from the Fire Department and other agencies/deparhnents aze at the end of this report). The applicant has not indicated, on the submitted site plan, where the refuse container(s) will be located. The applicant should coordinate the location and design of refuse container(s) with. Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. A~04-0O1 EquiTy Benefits.AZ P&Z Commission/Mayorand Council Transmittal Date: November 3, 2003 Page 5 The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regazding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services. H. 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 the annexation and zoning of this site will not cause excessive additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CZC process. Staff also finds that the annexation and zoning of this site to C-G will not be detrimental to the community's economic welfare. I. 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. Staff also finds that anoffice/commercial type use will create additional traffic on adjacent arterial roads. Further, the pazking and maneuvering of cazs on the site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff does not anticipate an office use will create excessive smoke, fumes, glaze, or odors that will be detrimental to any person, property or the general welfaee of the area. To ensure this fmding, staff recommends that the applicant enter into a Development Agreement that establishes use parameters that would prevent detrimental effects. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding pnblic streets; The number of vehicular access points to Franklin Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. If a vehicular approach is approved to the site that is designed and constructed in accordance with ACHD policies, staff finds that the approach will not create an interference with traffic on the surrounding public street(s). Please review any comments from ACRD for additional information regarding this finding. I{. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not awaze of any natural or scenic feature(s) that would be lost; damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing A2-04-0O1 Equity Benefits.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 6 trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff fords that the annexation of this property would be in the best interest of the Ciry for the following reasons: • increased office/commercial land base availability; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. SPECIAL CONSIDERATIONS FOR ANNEXATION AND ZONING Existing Residence/iJse: The subject property has an existing residence on-site. Upon annexation and zoning of the property to C-G, the residence will become anon-conforming use. Staff has been informed that the residence is currently being used as an office. Staff recommends that, upon annexation, a CZC application be filed by the applicant, so that the site can be brought into compliance with applicable ordinances and so the Ciry is not creating a non-conforming use. See Site-Specific Condition #4 below. NOTE: The submitted 8'/z" by 11" site plan submitted by the applicant is not approved with the subject annexation and zoning application. Modifications to the site plan and improvements to the property, including but not limited to landscaping, parking and drive aisle improvements, and Fire Department improvements will be required with a CZC application. NOTE 2: Due to right-of--way requirements for Franklin Road by ACHD, and the location of the existing building on this site, the ordinance-required 25-foot wide landscape buffer along Franklin Road is not feasible. After ACHD takes right-of--way (40-feet from centerline) there will be approximately 20-feet available for landscaping. Through the CZC permit the applicant should work with staff on designing and constructing a landscape buffer along Frankllin Road that meets the purpose, intent, and objective of the Landscape Ordinance (MCC 12-13-18). ANNEXATION AND ZONING SITE-SPECIFIC CONDITIONS AND COMMENTS 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. nz-oa-ooi Bquity Benefits.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page, 7 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the Ciry of Meridian and the property owner(s). The DA shall require that: • The existing residential use be abandoned upon annexation and zoning. • A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning Department within 30 days of annexation into the City. • The applicant shall be required to extend water and sanitary sewer mains to provide service. • Prior to issuance of a Certificate of Zoning Compliance (CZC), fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway) shall be provided. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. • Any other conditions desired by the Commission and Council, 5. 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 nondomestic purposes such as landscape irrigation. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS (AZ-04-001) 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway). Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. a. Fire Hydrants shall have the 41/x" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specs. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10' . All entrance and internal roads shall have a turning radius of 28 ' inside and 48 ' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustble construction begins. AZ-04-0O1 Equity Benefits.AZ P&Z Commission/Mayor and Council Transmittal Date: November 3, 2003 Page 8 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33 ' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13 ' 6 ". This includes mature landscaping. 8. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as aze normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTS/CONDITIONS 1. Design the trash enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance (CZC) for the project. Staff recommends annexation and zoning of the subject property to a C-G zone, with the aforementioned conditions of approval. AZ04A01 Equity Benefits.AZ RECEI'~Ei~ FtB 17 2~iGt City of Meri@ian City Clerk [}ffi ~' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 10 February, 2004 William G. Berg Jr City Clerk - -- - ---- 33 East Idaho Ave. Meridian, ID 83642 RE: AZ 04-001/Artr~exation and Zoning at 2540 East Franklin Road Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above referenced application for Annexation and Zoning at 2540 East Franklin Road. Thank you, Bill Henson Asst. Water Superintendent. Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent File -Office/Shop CENTRAL •• DISTRICT HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division R~~~~,ED Return to: ^ Boise ^ Eagle Rezone # ~~ -D ~{ -pC~/ FEB 1 1 2004 Conditional Use # Cit f Preliminary /Final /Short Plat y Clerk Office ^ Garden City ~-@Aeridian ^ Kuna ^ ACZ ^ Star We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 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 O 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 ^ 15. Date: ~/~/~ Reviewed By: ~. //~~ o~HOSmni~ Review Sheet MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wazdle William L. M. Nary Charles M. Rountree Keith Bird .~. .~ ~•n ^. Fs~'~' ~r,'~ CITY OF y~i~k~ ~~- C~ri~icn II IDAHO LEGAL DEPARTMENT (206) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDIIVG DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZOMNG (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: Transmittal Date: February 3, 2Q04 Hearing Date: March 4, 2004 File No.: AZ 04-007 Request: Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits By: Equity Benefits Location of Property or Project: 2540 East Franklin 2004 David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FPJ Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C!C Charlie Rountree, C/C Keith Bird, C/C Sha Wardle, C/C ter Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department ~~ V F~3 0 ~ ~u~4 Meridian School District (No FP) Meridian Post Office (FP/PP oMy) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP Doty) U.S. west (FPiPP oMy) Intermountain Gas (FP?P ~~ty) Bureau of ReGamation (FP/PP only) Idaho Transportation Department (NO FP) Ada County (Annexation Doty) Ada County Land Records (FP/PP Dory) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: City (Of Meridian. 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 88~~~~3t}ler~ Office City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET SATE March 4, 2004 ITEM # 10 PROJECT NUMBER AZ 04-001 PROJECT NAME Equity Benefits NAME (PLEASE PRINT) FOR AGAINST NEUTRAL a~ o u1 ol.~c .