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Item MA: Genesis Center (RZ-11.005)
Application(s):
➢ Rezone of 1.59 acres of land from the C -N (neighborhood business) to the C -C (community business)
zoning district
Location of property: This site is located at 1535 W. Franklin Road, on the southeast comer of Franklin & Linder.
Adjacent Land Use & Zoning:
North: Vacant commercial property, zoned C -C
South: Tennis court owned by Crestwood Estates Subdivision, zoned C -N; and ACHD drainage pond, zoned C -N
East: Outdoor RV storage yard owned by Crestwood Estates Subdivision, zoned C -N
West: Fuel station/convenience store/car wash, bar and grill, & other misc. uses, zoned C -C
History: None
Summary of Request: There is currently a 9,690 square foot multi -tenant building on this site that will continue to be
used for commercial purposes; no new development is proposed. The applicant requests a rezone to C -C, a slightly
more intense zoning district, in order to expand the uses allowed on the property as well as extend the hours of
operation for businesses within the complex. The current C -N zoning district restricts the hours of operation of
businesses from 6 am to 10 pm; the proposed C -C zoning district has no restrictions in regard to hours of operation.
Staff has compared the uses allowed in the C -N district to those allowed in the proposed C -C district and generally
does not find any of the uses that would be feasible to go into the existing building to be objectionable. Similar zoning
and allowable range of uses presently exist directly to the west across Linder Road. Additionally, there are no
residential uses or zoning that abut this site.
Comprehensive Plan Designation/Compliance w/Comp Plan? Commercial - Yes
Compliance with UDC? Yes
Written Testimony: Sharon Knox (response to the staff report — in agreement)
Staff Recommendation: Approval
Notes:
STAFF REPORT
HEARING DATE: December 15, 2011 E IDIDIANTO: Planning & Zoning Commission AH O
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: RZ-11-005 — Genesis Center
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Sharon Sharp, has applied to rezone (RZ) 1.59 acres of land from the C -N (neighborhood
business) zoning district to the C -C (community business) zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed application based on the Findings of Fact and Conclusions of Law
in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Number RZ-
11-005 as presented in the staff report for the hearing date of December 15, 2011, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Number RZ-
11-005 as presented during the hearing on December 15, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number RZ-11-005 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1535 W. Franklin Road - Parcel No. S1213223015
Located in the northwest % of Section 13, Township 3 North, Range 1 West
B. Owner(s):
Sharon Sharp (Knox)
4553 N. Eagle Pointe Place
Star, ID 83669
C. Applicant:
Same as owner
D. Representative:
Same as owner
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Genesis Center RZ-11-005 PAGE 1
V. PROCESS FACTS
A. The subject application is for a rezone request. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
D. Newspaper notifications published on: November 28, and December 12, 2011
E. Radius notices mailed to properties within 300 feet on: November 17, 2011
F. Applicant posted notice on site by: December 5, 2011
VI. LAND USE
A. Existing Land Use(s): Rural residential property
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C -C
South: Tennis court owned by Crestwood Estates Subdivision, zoned C -N; and ACHD drainage pond,
zoned C -N
East: Outdoor RV storage yard owned by Crestwood Estates Subdivision, zoned C -N
West: Fuel station/convenience store/car wash, zoned C -C
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Services are currently provided to this site.
b. Location of water: Services are currently provided to this site.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no ditches or canals that cross this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan, the Commercial 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
may be created to focus commercial activities unique to their locations.
There is currently a 9,690 square foot multi -tenant building that exists on this site that will continue to be used
for commercial purposes. The applicant is requesting a rezone in order to expand the uses allowed on the
property as well as extend the hours of operation for businesses within the complex.
Staff finds the current and continued commercial use of the property is consistent with the Commercial future
land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
existing use (staff analysis in italics):
Genesis Center RZ-11-005 PAGE 2
• Ensure that adequate public services are provided for existing and future residents and businesses.
This property is currently serviced by City water and sewer service as well as Police and Fire
services.
• Encourage compatible uses to minimize conflicts and maximize use of land.
Staff is of the opinion uses allowed in the proposed C -C zoning district will be generally compatible
with the adjacent storage yard to the east and drainage pond, tennis court, and office to the south.
• Cluster new community commercial areas on arterials or collectors near residential areas in such a way
as to complement adjoining residential areas.
This is not a new commercial area but it does lie on the corner of two arterial streets near residences
in Crestwood Estates Subdivision to the east and south. Existing and future businesses in this location
should complement the residential area by providing services in close proximity.
• Plan for a variety of commercial and retail opportunities within the Area of City Impact.
The proposed rezone from C -N to C -C will allow for a wider variety of commercial businesses to
occupy the existing building.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and
service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are
designated which differ in the size and scale of commercial structures accommodated in the district, the
scale and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
B. Unified Development Code (UDC) Table 11-213-2 lists the permitted, accessory, conditional, and
prohibited uses in the proposed C -C zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -C zoning
district apply to this site.
D. Landscaping Standards (UDC 11-313): NA
E. Off -Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to rezone 1.59 acres of land from the C -N to the C -C zoning district,
consistent with the future land use map designation of commercial for this property.
The legal description for the proposed rezone submitted with the application (prepared on November 4,
2011, by Glenn K. Bennett, PLS) appears to meet the requirements of the Idaho State Tax Commission
(see Exhibit Q.
There is currently a 9,690 square foot multi -tenant building on this site that will continue to be used for
commercial purposes; no new development is proposed. The applicant requests a rezone to a slightly more
intense zoning district in order to expand the uses allowed on the property as well as extend the hours of
operation for businesses within the complex. The current C -N zoning district restricts the hours of
operation of businesses from 6 am to 10 pm; the proposed C -C zoning district has no restrictions in regard
to hours of operation. The differences in uses allowed in the C -N vs. C -C districts are highlighted in
Exhibit A.2.
Genesis Center RZ-11-005 PAGE 3
Staff has compared the uses allowed in the C -N district to those allowed in the proposed C -C district and
generally does not find any of the uses that would be feasible to go into the existing building to be
objectionable.
The property to west across Linder Road is zoned C -C and has a wide variety of uses on the site (i.e.,
convenience store/gas station/car wash/drive-thru restaurant, drinking establishment, drive-thru coffee
restaurant and other restaurant(s), dry cleaners, etc.). Because this site does not directly abut residential
uses, it's located on the corner of two arterial streets, and the vacant property directly to the north is also
zoned C -C, Staff is of the opinion the proposed C -C zoning district is appropriate for this site.
Staff finds rezoning this property to C -C is consistent with both the Comprehensive plan and the Unified
Development Code. Therefore, staff recommends approval of the RZ request.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Allowed Uses in the C -N vs. C -C Zoning Districts (Table 11-2B-2)
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Genesis Center RZ-11-005 PAGE 4
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
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Genesis Center RZ-1 1-005 PAG 1 �
Exhibit A.2: Allowed Uses in the C -N vs. C -C Zoning Districts (Table 11-2B-2)
Use F-N[
C-C
Animal care facility' P
P
Artist studio' I _
P
Arts, entertainment or recreation facility, indoor' I -
P
Arts, entertainment or recreation facility, outdoor' C
P
Arts, entertainment or recreation facility, outdoor stage or music -
C
venue
Building material, garden equipment and supplies' C
P
Church or place of religious worship' P
P
Civic, social or fraternal organizations' C
C
Construction sand and gravel mining Fc
C
Daycare center'
A/C
A/C
Daycare, family' I
A
Daycare, group' I -
P
Dispatch center for mobile services' I _
C
Drinking establishment' C
C
Drive-through establishment'A/C
A/C
Education institution, private' r P
P
Education institution, public' I _
P
t --
Equipment rental, sales, and service'
C
Financial institution' I _ P
Flex space' -- P
Fuel sales facility' 1 - P
Healthcare or social services I -
P
Home occupation' I _ -
A
Hospital' C
Hotel and motel'
P/C
P/C
Industry, information'
PP P
Genesis Center RZ-11-005 PAGE 6
Laundromat' I P I P
Laundry and dry cleaning - C
Mortuary C P
Multi -family development'
C
Nursery or urban farm'
c—
P
Nursing or residential care facilityl
IC
C
Parking facility 7—cl
C
Parks, public and private
F -PI
P
'Personal service
( Y
P
Professional service
� P
P
Public, infrastructure' 7 C
C
Public or quasi -public use'
P
P
Public utility, minor
7 P
FP
Restaurant
PP
Retail store
FP
P
Retail store, wine and beer sales and servings'
I P _[
P
Storage facility, outside'
I A
A
Storage facility, self-service'
C
Vehicle repair, minor'
A
P
Vehicle sales or rental and service'
F _-
)— C
Vehicle washing facility'
[_C J
P
Vertically integrated residential project'
F C
P
Wireless communication facility' ( P/C ( P/C
Wireless communication facility, amateur radio antenna) A/C A/C
Note:
1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title.
Genesis Center RZ-11-005 PAGE 7
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter
2 District regulations.
1.1.2 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14.
1.1.3 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2 Process
1.2.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.3 Ongoing
1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues or concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 No smoking establishment/hookah bar should be allowed on this site within such close proximity to
the surrounding residential area.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are some of the site-specific conditions of approval that
the District may require when it reviews a future development application (additional site-specific
requirements may be levied with a specific redevelopment application).
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 58 -feet of right-of-way from the centerline of Franklin Road, abutting the site. The right-of-
way purchase and sale agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The District will purchase the right-of-
way which is in addition to existing right-of-way from available Corridor Preservation Funds.
6.1.2 Dedicate 48 -feet of right-of-way from the centerline of Linder Road, abutting the site. The right-of-
way purchase and sale agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business days to process the
Genesis Center RZ-11-005 PAGE 8
right-of-way dedication after receipt of all requested material. The District will purchase the right-of-
way which is in addition to existing right-of-way from available Corridor Preservation Funds.
6.1.3 Construct a 6 -inch raised concrete median with reflective candles beginning at the intersection of
Franklin Road and Linder Road, running east for approximately 300 -feet terminating 75 -feet east of
the eastern edge of the existing driveway on Franklin Road.
6.1.4 Construct a 6 -inch raised concrete median with reflective candles beginning at the intersection of
Linder Road and Franklin Road, running south for approximately 205 -feet terminating 75 -feet south of
the southern edge of the existing driveway on Linder Road.
6.1.5 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items on
Franklin and Linder Road, abutting the site.
6.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to
Franklin Road and Linder Road.
6.1.7 Payments of impact fees are due prior to issuance of a building permit.
6.1.8 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way.
6.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of-
way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation
of ADA compliance to District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Genesis Center RZ-11-005 PAGE 9
6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho
shall prepare and certify all improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require
the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that
time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Genesis Center RZ-11-005 PAGE 10
C. Legal Description and Exhibit Map
ANNEXATION/RE-ZONE DECRIPTION
FOR
SHARON SHARP-KNOX
A parcel located in the NW '/. of the NW '/. of Section 13, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at a brass cap monument marking the northwesterly comer of said NW '/s
of the NW '/. from which a brass cap monument marking the northeasterly comer of the
NW %. of said Section 13 bears S 89°15'35" E a distance of 2651.31 feet;
Thence S 89°15'35" E along the northerly boundary of said NW '1 of the NW %+ a
distance of 299.74 feet to a point on the extension of the easterly boundary of that parcel
described by Instrument Number 108132092 on file in the office of the Recorder, Ada
County, Idaho;
Thence leaving said northerly boundary S 0°44'25" W along said extended easterly
boundary a distance of 270.06 feet to the southeasterly comer of said parcel;
Thence N 89°15'35" W along the southerly boundary of said parcel a distance of 101.75
feet to an angle point in said parcel boundary;
Thence N 0°48'25" E along said parcel boundary a distance of 59.10 feet to an angle
point in said parcel boundary;
Thence N 89°15'35" W along said parcel boundary a distance of 197.33 feet to a point on
the westerly boundary of said NW'/. of the NW '/,;
Thence N 0°3235" E along said westerly boundary a distance of 210.96 feet to the
POINT OF BEGINNING.
This parcel contains 1.59 acres.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated +'
November 4, 2011 1
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MERIDIAN PUBLIC
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Genesis Center RZ-11-005 PAGE 11
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Genesis Center RZ-11-005 PAGE 12
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from C -N to C -C. Staff finds that
the proposed map amendment is consistent with the Commercial future land use designation
for this site. Therefore, Staff finds the amendment is consistent with the applicable provisions
of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the proposed map amendment to the C -C zoning district and existing and
continued commercial use of this property is consistent with the purpose statement of the
commercial districts in that it provides for the retail and service needs of the community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council consider any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
Staff finds this finding is not applicable as the request is for a rezone, not annexation.
Genesis Center RZ-11-005 PAGE 13