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HomeMy WebLinkAboutMemo from Planning Project: Cherry Wood Village RECEIVED JUN 1 9 2007 Location: southwest corner of Cherry T ,ane and T ,lnder Road City of Meridian City Clerk Office Applications: rezone and conditional use permit for vehicle sales Highlights of Proposed Development: The Applicants request rezone approval of 4.05 acres from C-N (Neighborhood Business) to C-C (Community Business). Approval of the rezone would allow the property owners on the subject five lots to potentially use the site for more intense commercial purposes. The applicant is not proposing any new structures or additional square footage at this time. Concurrent with the zoning application, is a request for Conditional Use Permit to allow for the retail sale, storage, and servicing of motor scooters / recreational vehicles on Lot 3, Rlock 1. Other: According to City Code, vehicle rental, sales, and servicing are conditionally allowed in the proposed C-C zone, but are prohibited within the C-N zone. Elevations: Yes (photos) The Meridian PlatUling and Zoning Commission heard this project on May 3, 2007. At the public hearing, they moved to recommend approval of RZ-07 -008 and denial of CUP-07 -007. Summary of Public Hearing: i. In favor: Richard Brown (Property Owner), Eric Fieldstad (Manager, A-I Scooter s) ii. In opposition: Ralph Gentry; John Wasson; Gilbert Thorson; Kevin Snow; Hal DeGrange; Kurt Farmer; David Crandall; (all neighbors) 111. Commenting: None IV. Written testimony: Hal DeGrange (Neighbor); group letter from 13 Neighbors (Ralph Gentry, Carol Gentry, Hal DeGrange, John Wasson, etc.) Key Issues of Discussion by Commission: 1. The noise generated by a scooter (decibel levels, servicing machines with doors open, etc.); 11. The hours of operation; 111. The specific services provided by the scooter store; IV. Test driving ofthe scooters and related safety issues; v. Storage and handling of flammable materials on-site; VI. Replacing the existing cedar perimeter fencing with sound-abatement fencing; and Vll. The provision of additional landscaping to buffer the adjacent residential subdivision. Key Commission Changes to Staff Recommendation: 1. The Commission moved to deny the Applicant's CUP request; and 11. As part of approval of the rezoning request, the Commission elected to require the Applicant to enter into a development agreement with the following stipulations: . That, in addition to the conditional uses listed within the C-C zone, the following uses will require procurement of a CUP: fuel sales, vehicle car washing facilities, and building material sales; . That the Applicant moves the trash enclosure / dumpster to the east so as nol to be adjacent to the residential subdivision. Said dumpster is to be within a concrete block enclosure; and . That the Applicant provides additional landscaping, preferably arborvitaes and junipers, within the landscape buffers adjacent to a residential subdivision. Outstanding Issue(s) for City Council: 1. The Commission recommended denial of the CUP application and recommended approval of the rezoning request. 11. Staff had suggested a number of conditions in the CU to address existing inadequacies in the current parking lot design and landscaping compared to current standards. At the Planning Commission hearing, staff did not have the opportunity to suggest that these conditions be moved tu the DA (since the CD was denied). Should the Council deny the CU, there are several conditions the Council may wish to include with the Development Agreement that were not addressed by the Commission. They are as follows: . That the four "floating" (4) parking stalls, as shown on the submitted site plan, immediately to the rear of Domino's Pizza (parallel with the building) be eliminated. . That the Applicant installs two (2) additional trees within the landscape buffer along Cherry Lane. . That the Applicant installs seven (7) additional Class I trees within the landscape bufler between the subject property and The Comer at Vineyards Subdivision No.2. . That the Applicant provides a 3-park bicycle rack to be located in front of the Great Clips / Sprint retail stores. . That the Applicant provides easements for any required sewer and water mains that are not located within the right-of-way. . That the Applicant install a pressurized irrigation system for this development, if not currently existing. The system shall utilize surface water for its primary source. . That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, if necessary. Notes: Project: Cherry Wood Village Location size of property and existing zoning_ The subject property is located on the southwest corner of Cherry Lane and Linder Road in Section 1.1, Township 3 North, Range 1 West, B.M., and is currently referenced as Lots 1-5, Block 1, Corner at Vineyards Subdivision. The property lies within Meridian City limits ' and the Urban Service Planning Area. Adjacent Land Use and Zoning: North: Commercial / Retail, zoned C-N South: Residential (Vineyard No. 2 Subdivision), zoned R-4; Church, zoned L-O East: Commercial / Retail, zoned C-N & C-C West: Residential (Vineyard No. 2 Subdivision), zoned R-4, Applications: Rezone & Conditional Use Permit Overall Project Description: The Applicants, Richard Brown and Roy Brown, have requested rezoning (RZ) approval of 4.05 acres from C-N (Neighborhood Business) to C-C (Community Business). Approval of the subject RZ application would allow the Applicants and the other property owners on the subject five lots to potentially use the site for more intense commercial purposes. Concurrent with the zoning application, is a request for Conditional Use Permit to allow for the retail sale, storage, and servicing of motor scooters / recreational vehicles on Lot 3, Block 1. According to City Code, vehicle rental, sales, and servicing are conditionally allowed in the proposed C-C zone, but are prohibited within the C-N zone (UDC Table 11-2B-2). Summary of Proposed Streets and/or Access: Two existing full accesses to Cherry Lane and two full accesses to Linder Road to the subject subdivision, The Corner at Vineyards, were previously approved through ACHD. The accesses on Cherry Lane are located 150 feet and 510 feet from the Cherry / Linder intersection. The accesses on Linder Road are located 150 feet and 260 feet from the Cherry Liner intersection. No additional access points are proposed to the subject site, nor approved at this time. No development is proposed at this time which would warrant a new staff report from ACHD. However, District policy requires driveways located on arterials near a signalized intersection to be located a minimum of 440 feet from the signalized intersection for a full access and a minimum of 220 feet from the signalized intersection for a right -in / right -out only. Existing Constraints and Opportunities: The proposed scooter / recreational vehicle store is not an allowed use within the existing C-N zone, and is conditionally permitted within the C-C zone. Landscaping & Amenities: Cherry Lane and Linder Road are classified as arterial roadways. Twenty-five feet of landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). As the site is improved to the City's previous standards, and the parking lot already paved, Staff recognizes the impracticality of requiring the Applicant to retrofit the site to meet the current standards. Therefore, as part of approval of the subject applications, Staff is requiring the Applicant to install additional trees within the landscaping buffers along Cherry Lane. Per City Code (UDC Table 11-2B-3) a 20-foot wide landscape buffer is required between C-C zoned properties and residential uses/zones. There is a residential development to the west and south of the subject site. Currently, between 11 feet and 20 feet of landscaping is provided between the commercial and residential properties. Therefore, as part of the approval, Staff is requiring that additional trees be installed within the landscape buffer between the subject property and the residential uses to the south. Comprehensive Plan Designations: Commercial Compliance with Comprehensive Plan: Yes Compliance with UDC: Yes Elevations: No — Everything on -site is existing. Outstanding_Issue(s) for Commission: 1) Staff has concerns about traffic safety at the Cherry / Linder intersection. It is at the Commission's and Council's discretion to restrict access to the site which may foster safer roadways for the City. Therefore, the Commission and Council may choose to add this requirement as part of a Development Agreement, if so desired. District policy requires driveways located on arterials near a signalized intersection to be located a minimum of 440 feet from the signalized intersection for a full access and a minimum of 220 feet from the signalized intersection for a right -in / right -out only. 2) According to City Code, some uses, while conditionally allowed in the C-N zone, would be principally permitted in the C-C zone. Additionally, all uses that are not allowed within the C-N district will require procurement of a CUP within the C-C district prior to commencement of said use. If the Commission or Council believe some uses are not appropriate for the site, Staff recommends that these uses be restricted through a development agreement. 3) Staff believes that a scooter / recreational vehicle store may be appropriate for the site. However, Staff has received several calls from concerned neighbors regarding the noise that may be generated from operations of the proposed scooter store. However, the Commission or Council may decide that the scooter / recreational vehicle store is not appropriate at this site. Staff Recommendation: Staff recommends approval of the RZ / CUP applications with the conditions shown in Exhibit B. NOTES: