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HomeMy WebLinkAboutFindingsCITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. QI~IONS? CALL (208) 884-5533 STAFF REPORT TO: "-" FROM: SUBJECT:--_-__ _ P & Z Commission Hearing Hearing Date: 9/15/2005 Planning & Zoning Commission Josh Wilson, Associate City Planner t ~- ~~ k ~. w ~t ~i~t'~C. ~ ~$ ~ 1,~ ~/ Meridian Crossroads/Presidential/Reagan Rezone ~ ""' ~ ~~ • RZ-OS-018 Rezone of 71.24 Acres from I-L to C-G ~~~ ~ ~ ~~~ 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST City of Meridian City Clerk Office The applicant, the City of Meridian, has applied for a rezone (RZ) of 71.24 acres from I-L (Light Industrial) to C-G (General Service and Retail Commercial). The site is located at the southeast corner of N. Eagle Road and E. Fairview Avenue. This site is currently a commercial development with retail stores, restaurants, and vacant land for future commercial development. Portions of the site have been previously platted as Presidential and Reagan Subdivisions and portions of the site have not been platted. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis and recommended conditions of approval for the requested rezone application below. Staff is recommending approval of RZ-OS-018 with the comments and conditions of approval as outlined in this report. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE corner of N. Eagle Rd. and E. Fairview, from Pine Avenue to Records Street 3N1E9 b. Owner: NA c. Applicant: City of Meridian 33 E. Idaho Street Meridian, Idaho, 83642 d. Representative: N/A e. Present Zoning: I-L £ Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification (from the submittal material): In early 1991, the subject property received approval from the City of Meridian for a Planned General Development (PD-G), which allowed a mix of commercial and industrial uses on the east and west sides of Eagle Road, south of Fairview Avenue. The properties on the west side of Eagle Road have, for the most part, developed as industrial properties under the PD-G. The properties on the east side have conversely developed in a strictly commercial nature and contain uses which are more congruent with a commercial zone. The proposed zoning amendment is desirable because the 2002 Comprehensive Plan has since determined that the appropriate development on the subject property is "Commercial", which is defined as: "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, <File Numbers To Be Added By Planner> PAGE 1 CITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. Q~IONS? CALL (208) 884-5533 wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Rezoning the property from I-L to C-G (General Retail and Service Commercial) will align the zoning with the current and intended character of the area. The necessity of the zoning amendment revolves around the fact that the current zoning is incongruent with the current and intended character of the area. The proposed zoning amendment will be harmonious with the adjacent properties which have already, or are anticipated to develop with uses similar to those allowed in the C-G zone. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: August 29, 2005 and September 12, 2005 c. Radius notices mailed to properties within 300 feet on: August 19, 2005 d. Applicant posted notice on site by: August 30, 2005 5. LAND USE a. Existing Land Use(s): Shopping Center with retail stores and restaurants, and vacant land b. Description of Character of Surrounding Area: Commercial, residential and office properties c. Adjacent Land Use and Zoning 1. North: Vacant land, zoned RUT (Ada County) 2. East: Crossroads Subdivision, zoned R-4 and commercial properties, zoned C-C. 3. South: Crossroads Subdivision, zoned R-4 and vacant lands, zoned I-L. 4. West: Commercial properties, zoned I-L. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing to buildings. Location of water: Existing to buildings. Issues or concerns: No concerns. 2. Vegetation: Mature landscaping around businesses. 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on site. 5. Hazards: None on site. 6. Proposed Zoning: C-G 7. Size of Property: 71.24 acres 8. Description of Use: Commercial 1. Proposed and Required Non-Residential Setbacks: <File Numbers To Be Added By Planner> PAGE 2 CITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. Q[~'IONS? CALL (208) 884-5533 C-G Setbacks Required Street front 15 Street side 0 Side 0 Rear 0 Frontage 0 Maximum height 40' Maximum coverage 70% m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No new accesses are proposed with the application and any new accesses in the future must be approved by the Idaho Transportation Department and ACHD. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial". The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones maybe created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The following Comprehensive Plan policies support the proposal (with staff analysis in italics): • Designate land areas for variety of use (high density, low density, residential, commercial, industrial, etc.) by adopting the Future Land Use Map (Chapter VII. Goal II, Objective A, Action 4). The Future Land Use Map designates the subject property as Commercial. The current designation as Light Industrial is consistent with the Future Land Use Map. • Amend the zoning ordinance and map to implement the provisions of this plan (Chapter VII, Goal II, Objective A, Action 5). The current zoning of the property as Light Industrial is not consistent with the current and intended use of the property or the Future Land Use Map. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists retail and restaurants as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to <File Numbers To Be Added By Planner> PAGE 3 CITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. Q~TIONS? CALL (208) 884-5533 the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation RZ Application: Staff finds that the proposed zoning amendment is in the best interest of the city because the 2002 Comprehensive Plan designates the subject property as "Commercial", which is defined as: "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." Rezoning the property from I-L to C-G (General Retail and Service Commercial) will align the zoning with the current and intended character of the area. The necessity of the zoning amendment revolves around the fact that the current zoning is incongruent with the current and intended character of the area. The proposed zoning amendment will be harmonious with the adjacent properties which have already, or are anticipated to develop with uses similar to those allowed in the C-G zone. b. Staff Recommendation: Staff is recommending approval of RZ-OS-018 with the comments and conditions of approval as outlined in this report. 10. PROPOSED MOTION Recommend Approval I move to recommend approval to the City Council of File Number RZ-OS-018 as presented in the staff report for the hearing date of September 15, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Recommend Denial I move to recommend denial to the City Council of File Number RZ-OS-018 as presented in the staff report for the hearing date of September 15, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHIBITS A. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District B. Legal Description C. Required Findings from Zoning Ordinance <File Numbers To Be Added By Planner> PAGE 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT. Qt~IONS? CALL (208) 884-5533 A. Conditions of Approval 1. Planning Department None. 2. Public Works Department None. 3. Fire Department None. 4. Police Department None. 5. Parks Department None. 6. Sanitary Service Company None. 7. Ada County Highway District None. A-1 CITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. Q1~TIONS? CALL (208) 884-5533 C. Legal Description I,.~ _,, ..,,~.~ .., ~... a _ ..,.a. _. ~..~ ~ r_ s, ... RE-ZONE BOUNllARY DI?SCRII'TION FOR THL CITY OF MERIDIAN, AUA CO(.INTY, IUAHO A parcel located in the NW '/, of Section 9, Township 3 North, Range t East, Boise Meridian. Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NW '/ from which a 5/8 inch diameter icon pin marking die northeasterly earner of said NW 'i4 hears S 89°22' 10" E a distance of 2659.63 feet; T'henc:e S 89°22' 10" E along the northerly boundary of said NW '/4 a distance of 023,49 feet to a point on the centerline of Records Avenue: Thence along said centerline the following described courses: Thence leaving said northerly boundary S U°25'00" W a distance of 741.14 feet to a point; Thence a distance of 72.37 feet along the arc of a 171.75 foot radius curve left, said curve having a central angle of 24°08'33" and a long chord bearing S 1 I °39' 17" E a distance of 71.84 feet to a point; Thence a distance of 73.65 feet along the arc of a 203.61 foot radius curve right, said curve having a central angle of 20°43'27" and a long chord bearing S 13°21'49" E a distance of 73.25 feet to a point; '!'hence leaving said centerline N 89°35'00" W a distance of 1049.60 feet to a point; "1"hence 5 1°08'45" W a distance of 62.50 feet to a paint, Thence N 88°~ i ' 15" W a distance of 287.81 feet to a point; Thence S 1°08'45" W a distance of 1073.50 feet to a point on the southerly boundary of said NW'/,; "fhence N 89°20'42" W a distance of 729.77 feet to a brass cap marking the southwesterly corner of said N W ''/<; '!'hence N 1°08'42" E a distance of 2649.45 feet to the POINT OF BEGINNING. This parcel cantains 71.24 acres. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, incorporated June 15, 2005 C-1 CITY OF MERIDIAN PLAI\~NG DEPARTMENT STAFF REPORT. Qt~IONS? CALL (208) 884-5533 S1~'TCH TO .4CC®~fPANY DESCRIPTfON Flph~ Tom' CITY OF ~'RIDIAN RE-BONE OF A PART OF THE N~ 1/4 OF SECTION 9, ?Yl1YNSNIP 3 NORTH, RANGE 1 EAST, BOISE ~ilERIDIAN, ADA COUNTY, IDAHO. Pf7/NT Qf BEG/NN/NG ~,~~v ~~~P4P S 17)8 45" W 62.50 ~ " £ f'VR~~' A aasv ar - - ---- ~ - -- I -._._.._-_ a f P'' 3 ~ J' 0 4~G~~1~'~\ ~C- f ,~, N 89;75Y10" W 1049. N 88'57'15' W 287.Br' 5 ~P~ ~`' n ~~0 ~~J 5~~ P~ ~ .~ ~ ~ ~~~~0 0~~~~~ ,~ sc~ ~ =400 P ~~~' ~ 7/4 N 8920 f2" W 729.77 a~ivc etsainc CURVE DATA RD C-2 CITY OF MERIDIAN PLAI~~I~1G DEPARTMENT STAFF REPORT. QU~'IONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: 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: The following is the list of standards found in 11-I 5-11 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; See Comprehensive Plans and Policies as listed in staff report item #7 above. Staff supports the zoning and finds the proposal is in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject 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 -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the property has developed in a fashion which is incongruent with the current zoning and that the proposed rezone would align the zoning of the property with current and intended nature of the property. The current use of the property as a shopping center with retail stores and restaurants is consistent with allowed uses in the proposed zone. 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; Staff finds that the current use of the property as a shopping center with retail stores and restaurants is consistent with allowed uses in the proposed zone and is of a nature that is consistent with current and anticipated surrounding development. 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 believes that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. Staff also finds that the proposed zoning and the associated uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. Staff does not find that the proposed zoning/uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. D-1 CITY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT. QL~TIONS? CALL (208) 884-5533 F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed rezone will be hazardous as long as the remaining vacant lands are developed in a manner consistent with City Code. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future 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; Staff finds that the public services listed above currently exist on the site and are available to accommodate any future 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; The primary public costs to serve the future developments 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; Staff finds that the existing and anticipated uses on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. 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; There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No new accesses are proposed with the application and any new accesses in the future must be approved by the Idaho Transportation Department and ACRD. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the proposed rezone will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to D-2 CITY OF MERIDIAN PLA1C!~ING DEPARTMENT STAFF REPORT. Qt~TIONS? CALL (208) 884-5533 determine whether or not the proposed rezone may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The C-G zoning amendment will align the zoning of the property with the current and intended nature of development on the property. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, staff finds that rezoning this pro e~rty would be in the best interest of the City. D-3 • • RZ 05-O l 8 MERIDIAN PLANNING & ZONING MEETING September 15, 2005 APPLICANT City of Meridian ITEM NO. ~ 9 REQUEST Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shopping Center, Presidential Subdivision and Reagan Subdivision -southeast corner of Eagle Road and Fairview Avenue 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: COMMENTS See attached Staff Comments f\ ~~ \~ J C ' J l~° No Comment See attached Comments No Comment INTERMOUNTAIN GAS: OTHER: See letter from Ram Restaurant'; see affidavit of posting; ITD letter Contacted: Date: Emailed: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 7, 2005 RZ 05-018 MERIDIAN CITY COUNCIL MEETING October 1 1, 2005 APPLICANT City of Meridian ITEM NO. ~ 3 REQUEST Public Hearing -Request for a Rezone of 71.24 acres from I-L to C-G zones for Crossroac Shopping Center, Presidential Subdivision and Reagan Subdivision -southeast corner of Eagle Road and Fairview Avenue 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: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P8Z Item Packet /Minutes See attached Recommendations /Findings ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Rezone 71.24 acres from I-L (Light Industrial) to C-G (General Service and Retail Commercial), by City of Meridian. Case No(s): RZ- OS-018 For the City Council Hearing Date of: October 11, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the October 11, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-018 -PAGE 1 of 3 s ~ a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recorrunendation for the subject application(s), it is hereby verified that there are several property owners of record at the time of issuance of these findings. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit A for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975;" codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code & 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A and the Site Specific and Standard Comments in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Site Specific and Standard Comments are as shown in Exhibit A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-018 -PAGE 2 of 3 i ~ ~© E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner inay request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not snore than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review inay be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report B cti o the City Council at its regular meeting held on the / ~ day of ~G~ ~ , 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, The • VOTED__~~~~ VOTED /~~t VOTED_ ~~ P~- VOTED__~¢Z!~- ~- SQL ~` ~S~s, ~, Public Works Department and City Attorney. ~'hi~,~~~~~ ~ ~~~~~~`~~ By: c~Y i ~1 ~ ~~1~( y"I/LJ Dated: 6 D l,3 O~Jr City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-018 -PAGE 3 of 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 10/11/2005 Mayor, City Council Josh Wilson, Associate City Planner c~`'i " ~ g i,--, ~, k~~ 4(~ ~~~_ i.,;~a u~ ~ ,"~ ~. {~ , Meridian Crossroads/Presidential/Reagan Rezone - - - __-__ __:_ - • RZ-OS-018 Rezone of 71.24 Acres from I-L to C-G 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the City of Meridian, has applied for a rezone (RZ) of 71.24 acres from I-L (Light Industrial) to C-G (General Service and Retail Commercial). The site is located at the southeast corner of N. Eagle Road and E. Fairview Avenue. This site is currently a commercial development with retail stores, restaurants, and vacant land for future commercial development. Portions of the site have been previously platted as Presidential and Reagan Subdivisions and portions of the site have not been platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on September 15, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Andy Simons. ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b.Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d.0utstanding Issue(s) for City Council: i. None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE corner of N. Eagle Rd. and E. Fairview, from Pine Avenue to Records Street 3N1E9 b. Owner: NA c. Applicant: City of Meridian 33 E. Idaho Street Meridian, Idaho, 83642 d. Representative: N/A e. Present Zoning: I-L £ Present Comprehensive Plan Designation: Commercial <File Numbers To Be Added By Planner> PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 g. Applicant's Statement/Justification (from the submittal material): In early 1991, the subject property received approval from the City of Meridian for a Plaimed General Development (PD-G), which allowed a mix of commercial and industrial uses on the east and west sides of Eagle Road, south of Fairview Avenue. The properties on the west side of Eagle Road have, for the most part, developed as industrial properties under the PD-G. The properties on the east side have conversely developed in a strictly commercial nature and contain uses which are more congruent with a commercial zone. The proposed zoning amendment is desirable because the 2002 Comprehensive Plan has since determined that the appropriate development on the subject property is "Commercial", which is defined as: "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Rezoning the property from I-L to C-G (General Retail and Service Commercial) will align the zoning with the current and intended character of the area. The necessity of the zoning amendment revolves around the fact that the current zoning is incongruent with the current and intended character of the area. The proposed zoning amendment will be harmonious with the adjacent properties which have already, or are anticipated to develop with uses similar to those allowed in the C-G zone. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: August 29, 2005 and September 12, 2005 for Planning & Zoning Commission meeting, and September 19, 2005 and October 3, 2005 for City Council meeting. c. Radius notices mailed to properties within 300 feet on: August 19, 2005 for Planning and Zoning Commission meeting, and September 16, 2005 for City Council meeting d. Applicant posted notice on site by: August 30, 2005 for Planning & Zoning meeting, and October 1, 2005 for City Council meeting. 5. LAND USE a. Existing Land Use(s): Shopping Center with retail stores and restaurants, and vacant land b. Description of Character of Surrounding Area: Commercial, residential and office properties c. Adjacent Land Use and Zoning 1. North: Vacant land, zoned RUT (Ada County) 2. East: Crossroads Subdivision, zoned R-4 and commercial properties, zoned C-C. 3. South: Crossroads Subdivision, zoned R-4 and vacant lands, zoned I-L. 4. West: Commercial properties, zoned I-L. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing to buildings. Location of water: Existing to buildings. <File Numbers To Be Added By Planner> PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUE~IONS? CALL 20 ( 8)884-5533 Issues or concerns: No concerns. 2. Vegetation: Mature landscaping around businesses. 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on site. 5. Hazards: None on site. 6. Proposed Zoning: C-G 7. Size of Property: 71.24 acres 8. Description of Use: Commercial 1. Proposed and Required Non-Residential Setbacks: C-G Setbacks Required Street front 15 Street side 0 Side 0 Rear 0 Frontage 0 Maximum height 40' Maximum coverage 70% m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No new accesses are proposed with the application and any new accesses in the future must be approved by the Idaho Transportation Department and ACHD. 7. COMPREHENSNE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial". The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones maybe created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The following Comprehensive Plan policies support the proposal (with staff analysis in italics): • Designate land areas for variety of use (high density, low density, residential, commercial, industrial, etc.) by adopting the Future Land Use Map (Chapter VII. Goal II, Objective A, Action 4). The Future Land Use Map designates the subject property as Commercial. The current designation as Light Industrial is consistent with the Future Land Use Map. • Amend the zoning ordinance and map to implement the provisions of this plan (Chapter VII, Goal II, Objective A, Action 5). <File Numbers To Be Added By Planner> PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The current zoning of the property as Light Industrial is not consistent with. the current and intended use of the property or the Future Land Use Map. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists retail and restaurants as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation RZ Application: Staff finds that the proposed zoning amendment is in the best interest of the city because the 2002 Comprehensive Plan designates the subject property as "Commercial", which is defined as: "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." Rezoning the property from I-L to C-G (General Retail and Service Commercial) will align the zoning with the current and intended character of the area. The necessity of the zoning amendment revolves around the fact that the current zoning is incongruent with the current and intended character of the area. The proposed zoning amendment will be harmonious with the adjacent properties which have already, or are anticipated to develop with uses similar to those allowed in the C-G zone. 10. PROPOSED MOTION Approve I move to approve File Number RZ-OS-018 as presented in the staff report for the hearing date of September 15, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Number RZ-OS-018 as presented in the staff report for the hearing date of September 15, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHIBITS A. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company <File Numbers To Be Added By Planner> PAGE 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7. Ada County Highway District B. Legal Description C. Required Findings from Zoning Ordinance <File Numbers To Be Added By Planner> PAGE 5 • CITI' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Conditions of Approval 1. Planning Department None. 2. Public Works Department None. 3. Fire Department None. 4. Police Department None. 5. Parks Department None. 6. Sanitary Service Company None. 7. Ada County Highway District None. A-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description NL:-Z.ON~ BtJ~UNI7-AIZ~' DLSCRII'TIUN FE}R '1'IiE C'I'"I'Y OF MEIdIllIAN, AI)A COIrNTY,1IJAHE} A parcel located in the N~1' 'ii of Section 9, Township 3 North, Range 1 East, Boise h7criciircu. Ada C;ouniy, Idaho, rncrre particularly described as follows: t3EGINN1Nf} at a brass cap monument marking the northwesterly confer of said Ny~~' ~;.; lrc~m which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW '/ heats S 89°22' 10" L: a distance of 2659.6; feet; -fhr-nee S 89°22~ 10" 1?- along the northerly boundary of said NVv Ya a distance of 2023.4fJ feet to a point on the ernterlirte of Records Avenue; Thence along said centerline the following described courses: Thence leaving said northerly boundary S 0°25'00'' W a distance of 741.14 feet to a point; 'l~hence a dis4rncr of 72.37 leet along the arc of a 171.75 foot radius curve let ,said curve having a central angle of 24°08'3 ;" and a long cltord bearing S 11 °39' 17" F a distance of 71.84 fret to a point; Thence a distance of 7.1.65 feet along the arc of a 203.fi1 foot radius curve right, said curve havutg a central angle of 20°43'27" and a long chord bearing S 13°21'49" E a distance of 73.25 fret to a point; Thence leaving said centerline N 89°35'00" W a distance of 1049.60 Fcet to a paint; -fltcnce S 1 °U8'4S" W a distance ofG2.50 feet to a paint; Thence N 88°5 I ' 15'" W a distance of 2$7.81 feet to a point; `Thence S 1°OR'45" VV a distance of 1073.50 feet to a point on the southerly boundary of said N W '/4; _ 'thence N 89°20'42" W a distance of 729.77 feet to a brass cap marking the southwesterly earner of said N W '/,; 7'heacc N 1°0$'42" E a distance of 2649.45 feet to the I'O[NT OF BEGINNING, 'I'bis parcel contains 71.24 acres. t'reparcd by: Glenn K. 13ennett, PIS Civil Survey Consultants, incorporated June 1 ~, 20O5 C-1 • ` CITY OF MERIDIAN PLAN•G DEPARTMENT STAFF REPORT. QUESTIONS? CALL 208 8 ( ) 84 5533 sx~TCt~ Ta ~cc©~P.QN~ D~sc.~rfaN ~a.~ T~.~ _-__-- c~ a,~ ..~rN .~-zaN~ o~ .~ P.~4RT a~ T.H~` N~ .~,,,~'~ a.F SE`C11aN 9, TaiYN.STfIF 3 NaRTH, KA.NGE 1 EElS'T, BalsE .~ERIUTAN, QUA CaUNTY, IDAeya 1/4 PO/NT OF BEG/NN/NG CURVE DATA scFue ~''=aoo' C-2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: 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: 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; See Comprehensive Plans and Policies as listed in staff report item #7 above: City Council supports the zoning and finds the proposal is in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject 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 -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the property has developed in a fashion which is incongruent with the current zoning and that the proposed rezone would align the zoning of the property with current and intended nature of the property. The current use of the property as a shopping center with retail stores and restaurants is consistent with allowed uses in the proposed zone. 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; City Council finds that the current use of the property as a shopping center with retail stores and restaurants is consistent with allowed uses in the proposed zone and is of a nature that is consistent with current and anticipated surrounding development. 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; City Council believes that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. City Council also finds that the proposed zoning and the associated uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; D-I • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council does not anticipate that the proposed rezone will be hazardous as long as the remaining vacant lands are developed in a mamler consistent with City Code. 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; City Council finds that the public services listed above currently exist on the site and are available to accommodate any future 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; The primary public costs to serve the future developments will be fire and police facilities and services. City Council 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; City Council finds that the existing and anticipated uses on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. 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; There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No new accesses are proposed with the application and any new accesses in the future must be approved by the Idaho Transportation Department and ACRD. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that the proposed rezone will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The C-G zoning amendment will align the zoning of the property with the current and intended nature of development on the property. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable D-2 .` • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 expenditure of public funds. In accordance with the findings listed above, City Council finds that rezonine this property would be in the best interest of the City D-3