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HomeMy WebLinkAboutRobert Monson RZ 05-001MERIDIAN PLANNING & ZONING MEETING APPLICANT Robert Monson February 3, 2005 ITEM NO. RZ 05-001 REQUEST Public Hearing - Rezone of .249 acres from R-8 to O -T for Rober Monson - 829 Meridian 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 &Mtn glea IjXprL�Vd --6 See attached report -o No comment See attached Affidavit of Matedals presented at public meetings shall become properly of the City of Meridian. L MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree C�CITY OFrr�t�n 11 IDAHO LEGALDEPARTMENT (208) 466-9272 -Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 - Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - FAX 888-6854 STAFF REPORT: Transmittal Date: January 31, 2005 Hearing Date: February 3, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Josh Wilson, Associate City Plann °�� Bruce Freckleton, Development S ices Manager Re: Robert Monson Request for a Rezone of 0.249 acres from R-8 (Medium Density Residential) to O -T (Old Town), by Robert Monson (File No. RZ-05-001). Request for a Conditional Use Permit for a new Office/Retail Building in a Proposed O -T Zone, by Robert Monson (File No. CUP -05-001). We have reviewed this 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, Robert Monson, has requested approval of a rezone of 0.249 acre from R-8 to O -T. The Comprehensive Plan depicts the subject property as Old Town, in harmony with the requested zoning designation. The applicant also requests a conditional use permit (CUP) for an office/retail building. Professional offices and retail are conditional uses in the Old Town zone. The professional office/retail building is a remodel of an existing home and garage along Meridian Road at the southwest corner of the intersection with East Pine Avenue. This report contains several special considerations for the Commission and Council. Upon resolution of those items, staff recommends approval of the project with the conditions noted in this report. LOCATION & SURROUNDING USES The subject property is located on the west side of N. Meridian Road, north of Broadway Ave. in downtown Meridian. The following uses surround the subject property: RZ-04-008, CUP -04-019 Monson.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 2 North — Meridian Elementary School and School District offices, zoned R-4. South — Existing Residences, zoned R-8. East — Existing Residences, zoned O -T. West — Existing Residences, zoned R-8. OWNER OF RECORD The owners of record are Robert Monson and Tatyana Fedorova, who have given consent for the applicant to submit the requested applications. STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances ofeach proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): 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 that the requested Old Town (O -T) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Old - Town". The text of the Comprehensive Plan (page 99) supports a variety of uses in the O -T zone, including offices and retail. In addition, it states, "In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized." B. Is the area included in the zoning amendment intended to be re -zoned in the future; Staff finds that the proposed re -zone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed office/retail use will only be allowed with the approval of a Conditional Use Permit in the proposed O -T zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the City's Comprehensive Plan has provided the applicant with the ability to request the O -T zone for the subject property. Much of Meridian Road has already RZ-04-008, CUP -04-019 MomonALCUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 3 redeveloped from residential to office or commercial uses. 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; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The proposed office/commercial use will be in harmony with the intended uses in Old Town. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be disturbing to existing or future neighboring uses. Through the comp plan process, the City determined that compact, infill development is appropriate for the area. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed office/retail building use will not be hazardous or disturbing to the neighboring uses. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. 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 requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; RZ-04-008, CUP -04-019 Momon.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 4 Staff finds that the proposed O -T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. J. Will 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 that the proposed O -T zoning will not interfere with general traffic patterns on any public streets. Please refer to the revised ACHD staff report for a full report on traffic issues. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re -development that would otherwise not be allowed without the rezone. SITE SPECIFIC COMMENTS (Rezone) The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the conditional use permit. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The applicant is proposing 599 s.f. of retail and 800 s.f. of office space. Ordinance requires one (1) off-street parking space per 400 s.f. for professional offices and one (1) off-street RZ'04-008, CUP -04-019 Mmsm.RLCUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 5 parking space per 200 s.f for retail uses. Thus, the project requires two (2) spaces for the office use and three (3) spaces for the retail use. Five (5) spaces are provided per the site plan. Staff is aware that the structure has a basement which is not included in the 1399 square feet of proposed office and retail space. The applicant shall be prohibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parking on the site to meet the requirements of MCC 11-13-5. The required landscape buffer between the proposed retail/office use and the residence to the south is 20 -feet. The applicant can only provide approximately 4 -feet of width due to site constraints and required parking located along the south side of the proposed drive aisle. In addition, Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. There are existing, healthy trees and large shrubs along the south property line which lie on the adjacent property, and create a screen between the properties. The applicant is also proposing to construct a 6 -foot cedar fence along the south property line. Staff supports alternative compliance, provided that the applicant work with staff to determine what, if any, additional plantings shall be required along the south property line. The required landscape buffer between the proposed retail/office use and the residence to the west is 20 -feet. The applicant can only provide approximately 6 -feet of width due to site constraints and the proposed drive aisle. In addition, Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. There is an existing large tree along the west property line which is proposed to remain. The applicant is also proposing to construct a 6 -foot cedar fence along the west property line and add two (2) trees. Staff supports alternative compliance, provided that the applicant work with staff to determine what, if any, additional plantings shall be required along the west property line. Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance for an office and retail use, as long as the buffers between land uses are approved under alternative compliance. C. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Old Town. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. D. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character RZ-04008, CUP -04019 1b10nsun.RzCUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 6 of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. E. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. F. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. G. That the proposed use 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; See comments under the Zoning Amendment Analysis item H. H. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See comments under the Zoning Amendment Analysis item I. I. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See comments under the Zoning Amendment Analysis item J. I That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See comments under the Zoning Amendment Analysis item K. RZ-04-008, CUP -04-019 Monson.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 7 SPECIAL CONSIDERATIONS 1. Meridian Road Right -of -Wax One major issue affecting this project is the future right-of- way for Meridian Road. ACHD's Capital Improvements Plan has identified Meridian Road as being a 3 -lane roadway with 4 -lanes at the major intersections, however it is fair to say that the ultimate configuration of Meridian Road is in flux, and could be wider. The current right-of-way width adjacent to the project is 30 feet from centerline. ACHD's report requests an additional 12 feet of right-of-way, which would make 42 feet from centerline, half of the 84 -foot minimum needed for the planned 4 -lane intersection with curb, gutter, 5 -foot detached sidewalk and bike lanes. While the applicant does not propose to alter the existing structure with this application, the City of Meridian needs to allow for any future right-of-way issues in regards to Meridian Road and prevent encroachment that would inhibit any road expansion projects. The Cityof Meridian and the Ada County Highway District are presently completing a jointly funded Downtown Meridian Transportation Improvement Plan. Once complete, the study will provide a recommendation that Meridian Road will either be a five -lane (96 -feet of total right-of-way, 48 -feet of centerline) or a three -lane facility (70 -feet of total right-of-way, 35 - feet from centerline). The City of Meridian should protect the additional right-of-way required for the five -lane alternative, therefore Staff recommends that the applicant should be required to dedicate a temporary easement in favor of the ACHD or the City of Meridian for the additional 6 -feet of right-of-way. The applicant shall submit revised plans showing the requested right-of-way dedication by ACHD and the easement requested by the City, and submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the next hearing on this application. 2. Signage: No freestanding signs are proposed for this project and none are approved. Since Old Town does not have specific signage regulations, any wall signs should be regulated by the L -O standards in the zoning ordinance. See Condition #5 below. 3. Alternative Compliance: The uses to the south and west of the proposed project are currently residential. A strict interpretation of the landscape ordinance would require a 20 -foot buffer between land uses. However, staff supports alternative compliance for this small site, provided that the applicant works with staff to determine what additional plantings may be necessary. The Commission should consider any testimony from the adjacent property owner when making this allowance. Alternative Compliance for this site is supported under MCC 12-13-18-2(B) & (C). See Condition #6 below. 4. Basement of the Structure: The applicant has provided as many parking spaces as the constraints of the site will allow. Five (5) parking spaces are required to meet the requirements of Meridian City Code for the proposed 1399 square feet of building space. Staff is aware that the structure has a basement which is not included in the 1399 square feet RZ-04-008, COP -04-019 Mon n.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 8 of proposed office and retail space. The applicant shall be prohibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parking on the site to meet the requirements of MCC 11-13-5. 5. Irrigation: Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. If non -potable irrigation water is not available, the applicant shall provide evidence to that effect to the Public Works Department. (See condition #6 below.) CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this application. 2. The project is approved for a maximum of 1,399 total square feet of commercial use. The ratio of office to retail use shall not exceed the parking requirements per MCC 11-13-5(2) and shall adhere to the provisions stated in 11-13-5(7). 3. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall provide a 6 - foot temporary right-of-way easement along Meridian Road in favor of ACHD or the City of Meridian, beyond the 42 -foot right-of-way dedication required by ACHD. 4. The applicant shall be prohibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parking on the site to meet the requirements of MCC 11-13-5. If additional off-street parking designated for this property is provided in the future, the basement may be converted as long as all Meridian City Codes in effect at the time can be met. 5. The applicant shall revise the site plan to show the requested right-of-way dedication and easement, and submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the next hearing on this application. 6. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 7. No freestanding signs approved for this project. Any wall signs shall be regulated by the L -O standards for signage in the zoning ordinance. RZ-04-008, CUP -04-019 MomonALCUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 9 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 9. The buffers between land uses and street buffers are approved per the dimensions shown on the approved site/landscape plan. The applicant shall work with City staff to determine any additional plantings to be required through Alternative Compliance. 10. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 11. All parallel parking stalls shall be at least 9 feet wide and 23 feet long per Ordinance 11-13- 4... All drive aisles adjacent to parallel parking shall be at least 12 feet wide. 12. The existing Black Locust tree proposed for removal may be removed without mitigation. 13. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 14. All exterior lighting, whether attached to the building or located within the parking lot, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 15. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 16. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 17. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 18. Certificate of Occupancy: All required improvements must be complete prior to obtaining a RZ-04-008, CUP -04019 Momon.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 10 Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of creditor cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Fire Department Comment: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" 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 spec. 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'. 3. Building setbacks shall be per the Building Code for one and two story construction. 4. Commercial and office occupancies will require a fire -flow consistent with the. International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. 7. The first digit of the Apartment/Office Suite shall correspond to the floor level. 8. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Sanitary Services Comment: 1. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit an approved site plan from SSC. Police Department Comment: 1. The Police Department has no concerns related to the site design submitted with the application. RZ-04-008, CUP -04-019 Momon.RZ.CUP Planning & Zoning Commission/Mayor & City Council July 15, 2004 (Hearing Date) Page 11 Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. Upon resolution of the remaining issues raised in this report, staff recommends approval of this application with the aforementioned conditions of approval. RZ-04-008, CUP -04-019 Momn.RZ.CUP Robert Monson 2547 N Tuscan St Meridian, ID 83642 January 21, 2005 City of Meridian Meridian, ID 83642 RE: Affidavit of Sign Posting 829 Meridian St To Whom It May Concern, AV- RECEIVED JAV 2 12005 CITY OF MERIDIAN CITY CLERK OFFICE I have posted a sign on said property as required by the Planning and Zoning Department prior to the public hearing scheduled for February 3, 2005. The sign was posted on January 9, 2005. Sincerely, 6b Monson A Owner �'. `u�� i�� ��� 5. •:' Y Menlo To: Planning and Zoning Commission From Josh Wilson, Associate City Plan ne CC: Wescott Edwards, Regarding Archi_-(((----- Date: February 2, 2005 Re: Rezone/Conditional Use Permit—Robert Monson (RZ-05-001, CUP -05-001) Planning and Zoning Commission Members: The staff report for the Robert Monson RZ/CUP application, dated January 31, 2005, contains errors regarding the applicant's proposal for a sign on the subject property. The applicant is proposing one new freestanding sign along Meridian Road. The current sign ordinance is silent on standards for signs in Old Town, so the proposed signage requires conditional use approval with the subject application. The applicant should verify the location and maximum size for the sign at the hearing. Since the proposed building is a multi -tenant structure, all future signs for tenants will require conditional use approval, unless the sign type, size, and location are approved with this application. Therefore, staff strongly recommends that the applicant verify that all desired signage is reviewed with this application. The applicant intends to bring signage details to the public hearing on February 3, 2005. The Commission and Council should review the proposed signage and determine what is appropriate for the site. Staff suggests that one freestanding sign should be approved for the project; this would be consistent with the freestanding sign allowance in other zoning districts. Staff also recommends that the approved sign should conform to the standards for the L -O district, located in Meridian City Code 11-14, Table C. As a result of these changes, Staff recommends that CUP Condition of Approval #7 be modified to read: "The proposed sign is approved as presented at the public hearing [with any modifications required by the Commission]. One freestanding sign will be allowed for the project as presented during the hearing and shall conform to the L -O standards for signage in the zoning ordinance." Sincerely, Josh Wilson, Associate City Planner CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE February 3, 2005 ITEM # 7 PROJECT NUMBER RZ 05-001 PROJECT NAME Robert Monson NAME (PLEASE PRINT) FOR AGAINST NEUTRAL J