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HomeMy WebLinkAboutPZ - Staff Recommend approval to P&Z Commission for Rezone 12-28-2001 HUB OF7RMI NE VALLEY MAYOR A Good Place to Tive. LEGAL DEPARTMENT Robert D. Cowie (208) 288-24 • Fag 288-2501 CITY OF MERIDIAN 99 PUBLIC WORKS CrrY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 I{cith Bud MF.RTDTAN, IDAHO 83042 Tammy deWeerd (208) 888-4 433 # FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARIMEN'1' Cherie McCandless (208) 884-5533 • FAX 88M854 MEMORANDUM : December 20, 2001 To : Mayor, City Council and Planning & Zoning Commission RECEIVED From : Bruce Freckleton, Assistant to Ci E ineer J4 DEC 2 8 2001 David McKinnon, City Planner ,/ 0 City Of Meridian Office Re : Request for a Rezone of 3.35 Acres of Land , Located at 725 Fairview�Avenue, from R-8 Medium Density Residential) to C-C (Community Business District) ( tY Zoning, by Sol C . Yuan (File No. RZ-01407) We have reviewed the above-referenced 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, Sol, C . Yaun, has requested the rezone of 725 Fairview Avenue from R4 to C-C in order to develop the now vacant land for retail uses . The property is adjacent to other commercial uses and fronts on an arterial road . LOCATION & SURROUNDING USES The subject property is located on the south side of Fairview Avenue, approximately '/2 half mile west of the Locust Grove and Fairview intersection . . SURROUNDING PROPERTIES North — Fairview Terrace Mobile Home Park and the Fiesta Guadalajara Mexican restaurant, zoned C-G. South — Creekside Arbor Apartment Complex, zoned R4 . East — J . J. ' s Auto Repair and Detailing and vacant land, zoned R4 & C-G. West — Driveway into Creekside Arbor Apartments zoned R- 8 . Additionally, a commercial development (Michener building) with retail, service and food and drink are found across the driveway, located in a C-G Zone . 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 ) : RZ-01 .007 Yuan.RZ Mayor, Council and P&Z December 20 , 2001 Page 2 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 current Comprehensive Plan Land Use Map delineates the property as "Mixed Planned Use Development" . The requested C-C zoning is harmonious with the "Mixed Planned Use Development" designation and is in accordance with the overall goals and ideas of the Comprehensive Plan . Be Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the applicant does not intend to re-zone the property 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 proposed C -C zone would be developed as in accordance to the uses permitted in the L-O zone (retail uses are a permitted use in the C-C zone) . Because this property is located within a "Mixed Planned Use Development" section of the Comprehensive Plan Land Use Map, all uses on this property shall 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 ; Staff finds that there has been no change in the area that would dictate how the area should be rezoned . 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 uses, retail, can be designed, operated and maintained in a manner that is appropriate and harmonious with the existing area and that it will not change the essential character of the general vicinity. (which currently incorporates commercial, industrial and office uses) . If constructed and operated appropriately, the uses could be harmonious with the existing and intended character of the same area. F. Will not be hazardous or disturbing to existing or future neighboring uses ; Staff finds that the re-zone to L-O will not be disturbing to existing or future neighboring uses. RZ-01 -007 Sol C.Yuan.RZ. Mayor, Council and P&Z December 20, 2001 Page 3 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; The City of Meridian Public Works Department requests the dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main . The location of said easement is somewhat flexible, and can be better determined upon review of the development site plans. Staff finds that the proposed uses will be adequately served by all essential public services and facilities . 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 use would not be detrimental to the economic welfare of the community . L 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 C-C zoned development will not involve uses, activities, processes, materials, equipment, and conditions that are or may be detrimental to the general welfare of the community . I 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 use will not interfere with general traffic patterns on any public streets . . K. Will not result in the destruction , loss or damage of a natural or scenic feature of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. L. Is the proposed zoning amendment in the best interest of the City, RZ-Oi -007 sot c.Yuan.RZ. Mayor, Council and P&Z December 20 , 2001 Page 4 Staff finds that the zoning amendment would be in the benefit of the city by allowing a property owner to make improvements to his property that would otherwise be not be made without the zoning amendment . Staff Recommendation Staff recommends approval of the requested re-zone . RZ-01 -007 Sol C.Yuan.RZ.