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HomeMy WebLinkAboutTouchmark Subdivision AZ AZ 05-022 MERIDIAN PLANNING & ZONING MEETING June 2. 2005 APPLICANT Touchmark of the Treasure Valley ITEM NO. 21 REQUEST Public Hearing: Annexation and Zoning of 1.3 acres from RUT to L-O zone for Touchmark Subdivision - south of East Franklin Road and east of South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY SEWER DEPT: CITY PARKS DEPT: No Comment ~l) WWWN\ ~ þ;ç f( fAJoJ-; , fO L1,u ç~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: No Comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: ~ Contacted: 'fl.y Emailed: Date: g --1-iJ C)- Staff Initials: Phone: ~ ~ l( L( --q7 OÔ Materials presented at public meetings shaH become property of the City of Meridian. MAYOR Tammy de Weerd olfe;;;/¡~n- ;\ ~ IDAHO II ,>, j! ~ ' 'C' ~IòFt. ~:I "!.I~ ' $INtE ,1903 LEGAL DEPARTMENT (208) 888-4433 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Transmittal Date: May 26, 2005 Hearing Date: June 2, 2005 To: Mayor, City Council and Planning & Zoning Commission Josh Wilson, Associate City Planne..l4Z- Michael Cole, Development Servi£: Coordinator (V\ c -1; -tr~', i"¡Y":;l ,]:--\,:1""':;-;:; "rl~ ~-'W'I'ç ~,., ".!-.'t ' .H... ~",J!.~' i.., ,f ,1,..:.1 ,... ,) J..:j ,~,-) From: MA y2 ? 2005 Re: Touchmark Annexation . Request for Annexation and Zoning Approval of 1.3 Acres from RUT (Ada County) to L-O (Limited Office) Zone for Touchmark Subdivision, by Touchmark ofthe Treasure Valley (File No. AZ-05-020) C:itv Of Meriw6,ù CitY Clerk Office We have reviewed this submittal and offer the following comments and conditions of the applicant. These comments and conditions shall be considered in full, unless expressly mod(fied or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & HISTORY The applicant, Touchmark of the Treasure Valley, has requested Annexation and Zoning (AZ) approval of 1.39 acres from RUT (Ada County) to L-O (Limited Office District). The subject property is located on the south side of Franklin Road approximately one-quarter mile east of Eagle Road. Currently, the site is zoned RUT in Ada County and contains an existing residence. Staff is recommending approval of the subject annexation request to L-O, with a requirement for a development agreement as outlined in this report. LOCATION The subject property is located on the south side of Franklin Road approximately one-quarter mile east of Eagle Road, within Section 16, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North: Franklin Road and Vacant land, zoned C-G. South: Touchmark Subdivision, zoned L-O. East: Touchmark Subdivision, zoned L-O. West: Touchmark Subdivision, zoned L-O. The City of Meridian annexed the properties to the south, east and west on May 15, 2001 (Ordinance No. 01-917) and approved a conditional use permit (File No. CUP-99-039) for the applicant to develop the property into a mixed-use retirement community consisting of a large number (700-750) of various types of residential dwelling units (single- family/townhouse/multi- family/assisted-living AZ-OS-022 Touchlllark.AZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 2 etc.. .), medical offices, commercial/retail businesses and a senior community center. That CUP approval was modified in 2003 to move the office portion of the development to the south side of Franklin Road and to modify the approved setbacks. The CUP approval was again modified in 2004 to allow the addition of a multi-story retirement center. The applicant has recently spoken with the Planning and Zoning Department about plans to submit a Conditional Use Permit application to modify the original approvals for this portion ofthe development and the subject property is being annexed in order to be included in this development. CURRENT OWNERS OF RECORD T ouchmark of the Treasure Valley is the cuuent property owner and has submitted 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 find 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 CUITent Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". Staff finds that if the property is developed as part of the previously approved commercial office uses, the application is in accordance with the Comprehensive Plan. The purpose of the mixed use designation in the Comprehensive Plan "is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas ofthe city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." Thus staff finds that the anticipated use of the site is in harmony with the intent of the Comprehensive Plan designation. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated office uses may be allowed in the requested L-O zone. Please see Finding "C". c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area AZ-OS-022 TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 3 turning into a commercial area by means of conditional use permits; Staff finds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L-O zone. As mentioned above, however, there is no detailed development plan proposed at this time. Staff recommends that a Development Agreement should be executed between the applicant and the City of Meridian that will require that the subject property is included in a future detailed Conditional Use Permit application prior to development of the site. 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 City of Meridian annexed the properties to the south, east and west on May 15, 2001 (Ordinance No. 01-917) and approved a conditional use permit (File No. CUP-99-039) for the applicant to develop the property into a mixed-use retirement community consisting of a large number (700-750) of various types of residential dwelling units (single- family/townhouse/multi-family/assisted-living etc.. .), medical offices, commercial/retail businesses and a senior community center. 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 annexation will not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity. The proposed project boundary is surrounded on all sides by other property owned by Touchmark for the Meadow Lake Village project and is in harmony with the approved conceptual plan for the project. Any impacts of the annexation will likely be restricted to existing and future phases of the Meadow Lake Village project itself. The applicant will be required to construct, operate and maintain future buildings in accordance with City Code. Staff further finds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future use( s) should be harmonious and appropriate in appearance with the character of the overall area, including the previously approved Touchmark development. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future AZ-05-022 TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 4 neighboring uses; The land to the north of Franklin Road is currently zoned C-G and is anticipated to be developed in a fashion similar to other commercial properties in the vicinity. Staff does not anticipate that the requested L-O zoning designation will adversely impact any properties in the area. The Commission and Council should rely on public testimony to determine whether the proposed L-O zoning will be disturbing or hazardous to the neighboring 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; Sanitary sewer and water are currently available to this parcel and the applicant will be responsible for all costs associated with the sewer and water service extension. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On May 13,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received tfom 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; If approved, the developer will be financing the extension of sewer, water, local street (driveways) intfastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CUP and CZC approval process. The primary public costs to serve the future uses will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development 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; AZ-05-022 TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 5 Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use(s) and the square footage constructed. Staff recognizes that traffic and noise will increase with the approval of this development; however, due to the size of the site, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose ofthis District" (MCCll- 7-2.G) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare of the area. 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 public streets; This parcel has a limited amount of frontage on Franklin Road. To help future traffic flows in this area, staffbelieves that access to Franklin Road should be eliminated upon annexation and the parcel should take access off of a future interior road within the Touchmark development. Cross access between the subject property and the adjacent properties within Touchmark Subdivision should be required. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows. Further, staff finds that the least amount of interference to traffic on the surrounding public streets will occur if the subject property is prohibited from taking direct lot access to Franklin Road. The Commission and Council should rely on public testimony, ACHD staff, and City staff's analysis when determining whether or not a vehicular approach to Franklin Road, will create an interference with traffic on surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing 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. AZ-O5-022 T ouchmarkAZ,doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 6 592,11-17-1992)" The legal description submitted with the application, prepared by Briggs Engineering, shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The lands directly north, south, east and west of the subject property have previously been annexed into the City and this is an addition to the City. In accordance with the findings listed above, staff finds that the annexation/zoning of this property would be in the best interest of the City. NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. SPECIAL CONSIDERATIONS (ANNEXATjON & ZONING) 1. Access: Staff recommends that the subject property should be prohibited from taking direct access to Franklin Road. See Annexation & Zoning Comment #3 below. ANEXATION & ZONING COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 3-17-05, stamped by Wayne K. Barber) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confinned that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. 3. AZ-05-022 Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attomev. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That the applicant will be responsible for all costs associated with the sewer and water service extension. 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 non-domestic purposes such as landscape irrigation. . That the subject property shall be included in a future detailed Conditional Use Permit application prior to development of the site. . That the applicant agrees to provide cross-access to the adjacent parcels to the east, south and west, prior to issuance of a Certificate of Zoning Compliance (CZC) pennit for any future use. . That the subject property shall be prohibited from taking direct access to Franklin Road. TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2, 2005 (Hearing Date) Page 7 OTHER AGENCY/DEPARTMENT COMMENTS MERIDIAN FIRE DEPARTMENT COMMENTS 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 W' 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 ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 6. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. The roadways shall be built to Ada County Highway Standards cross section requirements 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. These measurements shall be based on the face of curb dimension. 9. 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. 10. The office/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department AZ-05-022 TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 8 has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' ITom the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888- 1234) to address this concern prior to the public hearing. 15. All portions of the buildings located on this project must be within 150' ofa paved surface as measured around the perimeter of the building. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. 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). 18. There shall be a fire hydrant within 100' of all fire department connections. 19. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. MERIDIAN PARKS DEPARTMENT COMMENTS 1. The Parks Department has no concerns with the site design as submitted with the application. SANITARY SERVICES COMMENTS 1. SSC has no comments related to this application. AZ..05-022 TouchmarkAZ.doc Planning & Zoning Commission/Mayor & City Council June 2,2005 (Hearing Date) Page 9 RECOMMENDA nON Staff is recommending that the property be annexed into the City with an L-O zoning designation with the aforementioned Annexation & Zoning Comments included in a Development Agreement. AZ-OS-O22 TouchmarkAZ.doc