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HomeMy WebLinkAboutVerona Sub No. 3 RZ 05-006 RZ 05-006 MERIDIAN PLANNING & ZONING MEETING April 21,2005 APPLICANT Primeland Development, LLP ITEM NO. 8 REQUESf Public Hearing - Request for a Rezone of 4.65 acres from R-4 to L-a zone for Verona SubdIvision No.3. northeast comer of North Ten Mile Road and West Milano Drive AGENCY COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY See attached staff report £w;;,,~ #t; '* 3--Ð CITY CLERK: CITY ENGINEER: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment MERIDIAN SCHOOL DISfRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISfRICT: CENTRAL DISfRICT HEALTH: See attached comments No comment NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ß-tp ~ mckq Date: '-/- R Phone: Cf35-0C¡g"Q Emailed: pj; - bf'-(, ~{tù~ Wf'_\+' f}r>r Staff Initials: m-t4- Materlal. pre d at public m..HnGJ shall become property oIlhe Cily 01 Merlcltan. MAYOR Tammy de Weerd j oU;;:; di!C \ IDAHO ~ ... ""a ~ "TREASUREV~' LEGAL DEPARTMENT (208)466-9272 'Fax466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Chnstine Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Transmittal Date: March 17, 2005 Hearing Date: April 21, 2005 To: Mayor, City Council and Planning & Zoning Commission Joseph R. Guenther, Associate Planner ~ Michael Cole, Development Services CoordZtor (Y\ C RECEIVEr} APRI 5 2005 CITY OF MERIDIAN CITY CLERK OFFIcr:: From: Re: Verona Subdivision #3 Commercial Rezone . Request for a Rezone of 4.65 acres from R-4 (Low Density Residential) to L- 0 (Limited Office), by the Primeland Development, LLC (File No. RZ-05- 006). 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, Primeland Development, has requested approval of a rezone of 4.65 acres from R -4 to L-O. The applicant is proposing to match the zoning to the appropriate use as required by condition of approval for Verona Subdivision #3 (PP-04-O44). Verona Subdivision was platted under Preliminary Plat (PP-02-007), AZ-03-005/CUP-03-007. The Conditional Use Permit for a Planned Development (File No. CUP-03-007) has been approved for this subdivision allowing a use exception on this portion of the subdivision for commercial development of Office Lots. Verona Subdivision is located East of N. Ten Mile Road, approximately Y. mile north of E. McMillan Road. Staff is recommending approval of the subject rezone request to L-O, with the comments stated in this report. LOCATION & SURROUNDING USES The subject property is located on the East ofN. Ten Mile Road, approximately Y. mile north ofE. RZ-OS-O06 Verona Sub #3.RZ Planning & Zoning Commission/Mayor & City Council Verona Sub #3 Rezone Page 2 McMillan Road. The following uses surround the subject property: North - Single Family Residential, zoned Ada County RUT South - Existing single family residences, Quenzer Commons Subdivision No.1, zoned R-8. East - Vacant School site, zoned R-4. West- Existing single family residences, Quenzer Commons Subdivision No.1, zoned R-8. OWNER OF RECORD The owners of record is Primeland Development, LLC signed by Frank Varriale, President, 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 of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (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; The subject property is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Staff finds that the requested Limited Office (L-O) zoning designation for use as a commercial site with office uses is harmonious and in accordance with the Comprehensive plan. MCC 12-6-3 allows non-invasive buffers of office developments where the use is secondary and supportive of the neighborhood residential uses in a Planned Development. The Medium Density Residential comprehensive district makes allowances for large subdivisions under Planned Developments. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. The proposed uses are consistent with the Medium Density Residential Designation within a Planned Development and the proposal is in compliance with this designation, the conditional use permit, and preliminary plat conditions of approval. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; RZ-05-006 VeronaSub#3.RZ Planning & Zoning Commission/Mayor & City Council Verona Sub #3 Rezone Page 3 Staff finds that the proposed uses of office are allowed in the proposed L-O zone. The applicant has not submitted a proposed site plan and is not specifically proposing to install any site improvements with the subject rezone application. The applicant will be required to submit for a Certificate of Zoning Compliance (CZC) which, when processed, will require the applicant to make site improvements, including parking and landscaping, in accordance with Meridian City Code. The uses are limited by the Planned Development CUP-03-007 to the office/church uses as listed to provide local services (i.e. medical, dental, optical, religious etc.. .) 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 and development ordinances have provided the applicant with the ability to request the L-O zone for the subject property. The existing approvals CUP-03-007 and PP-04-044 are consistent in uses within a Planned Development and the development has occurred in a fashion consistent with the approvals. The rezoning of the property will allow for the uses and the zoning to be compatible. 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 anticipates that the proposed use will be operated and maintained to be harmonious with the existing neighborhood. The applicant has not submitted specific information concerning the design or appearance of the proposed offices. The Commission and Council should consider all public testimony, oral and written, before making this finding. 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 preliminary plat process, the City determined that office uses were appropriate for the area. Staff anticipates that the proposed offices 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, RZ-05-006 Verona Sub #3.RZ Planning & Zoning CommissionlMayor & City Council Verona Sub #3 Rezone Page 4 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; Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. The uses were previously approved under CUP-03- 007, the subject application is only intended to make the zoning consistent with the approved uses. 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; Staff finds that the proposed L-O 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 and are designed around residential compatibility. 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 L-O zoning will not interfere with general traffic patterns on any public streets. ACHD approved the preliminary plat in 2002, the proposal is consistent with the ACHD review for the CUP/PD of Verona Subdivision preliminary plat. 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 feature will be lost, damaged or destroyed by issuance of this conditional use. Staff has not identified any natural or scenic features on the site. RZ-05-Q06 Verona Sub #3.RZ Planning & Zoning Commission/Mayor & City Council Verona Sub #3 Rezone Page 5 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 the rezone. Matching the proposed uses to the zoning is beneficial to the applicant and to the City of Meridian for consistency with the schedule of use control. SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. All development on said property shall comply with Meridian City Code. 3. A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to occupancy of the buildings on site. 4. Applicant shall meet all terms of the approved Preliminary Plat (PP-04-044), Planned Development (CUP-03-007), and Development Agreement. FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 112" 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 comers. f. Fire Hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire Hydrants shall be placed 18" above [mish grade. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. For all Fire Lanes, paint the curb red and provide signage "No Parking, Fire Lane". RZ-O5-006 Verona Sub #3.RZ Planning & Zoning Commission/Mayor & City Council Verona Sub #3 Rezone Page 6 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 6. 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 per Appendix D. 7. The proposed 6-lot subdivision will have an unknown transient population and will have an unknown impact Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in 2003. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knockbox entry system for the complex prior to occupancy. 10. The applicant shall work with city staff to provide and address identification plan including a pylon/monument sign at the required intersections. 11. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions ofthe buildings located on this project must be within 150' ofa paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). RZ-05-O06 Verona Sub #3.RZ Planning & Zoning Commission/Mayor & City Council Verona Sub #3 Rezone Page 7 15. There shall be a fire hydrant within 100' of all fire department connections. 16. Buildings over 30' in height are required to have 26' wide access roads in accordance with Appendix D Section D1O5. Sanitary Services Comment: 1. SSC has no comments related to this application. RECOMMENDATION Staff recommends approval subject to the comments contained in this report. RZ-05-006 Verona Sub #3.RZ I5!l DISTRICT CENTRAL DISTRICT HEALTH DER \Ir~~ðì!~ Environmental Health Division Return to: 0 Boise 0 Eagle 0 Garden City j:Meridian 0 Kuna OACZ OSter MAR 23 2005 Rezone # f( Z I'):) - OO{; Conditional Use # Preliminary ! Final! Short Plat City of Meridian City Clerk Office J/¡;;:Il."M'/ :X.l.{j111¿!15/¡¡P A/tJ,-3 01. We have No Objections to this Proposal. 0 2. We recommend Denial of this Proposal. 0 3. Specific knowledge as to the exact type of use must be providedj¡e[ore. we can comment on this Proposal. 0 4. We wiil require more data concerning soil conditions on this Proposal before we can comment. 05. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonai ground water 0 waste flow characteristics 0 or bedrock from originai grade 0 other 0 6. This office wiil require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 0 7. This project shail be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 0 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 0 central sewage 0 community sewage system 0 community water weli 0 interim sewage 0 centraiwater 0 individual sewage 0 individual water 0 9. The following pian(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 0 central sewage 0 community sewage system 0 community water 0 sewage dry lines 0 central water 010. Run-off is not to create a mosquito breeding problem. 0 11. This Department would recommend deferral until high seasonai ground water can be determined if other considerations indicate approval. 0 12. If restroom facilities are to be installed, then a sewage system MUST be instalied to meet Idaho State Sewage Regulations. 0 13. We will require plans be submitted for a pian review for any: 0 food estabiishment 0 swimming poois or spas 0 beverage establishment 0 grocery store 0 child care center 0 1.4. Please see attached stormwater management recommendations Date: ~. 1- .:ø 15. AID ot!J.:rl2t!f/opS' /F" t!ð¡t}#ß(P/iJuÝ Reviewed By: P1 I) tP £AJ1IÙ¡t¿ uJ¡¡f-f£¡1! No -SEWo/L Review Sheet 15726<01EHO904 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE Apri121,2005 ITEM # 8 PROJECT NUMBER RZ 05-006 PROJECT NAME Verona Subdivision NAME (PLEASE PRINn FOR AGAINST NEUTRAL SIw: Sl-rl#5 )(/ J