HomeMy WebLinkAboutPZ Recs/Staff ReportSTAFF REPORT
HEARING DATE: January 24, 2012 E IDIAN~--
TO: Mayor & City Council I D A H 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.
The Meridian Planning & Zoning Commission heard these items on December 15, 2011. At the public
hearing, the Commission moved to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Sharon Knox (Applicant)
ii. In opuosiNon: None
iii. Commenting: None
iv. Written testimony: Sharon Knox (response in agreement with the staff report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-11-005 as
presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-11-005 as
presented during the hearing on January 24, 2012, 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.)
Genesis Center RZ-11-005 PAGE 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1535 W. Franklin Road -Parcel No. S 1213223015
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.
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.
B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); December
26, 2011 and January 9, 2012 (Gifu Council)
C. Radius notices mailed to properties within 300 feet on: November 17, 2011 (Commission); December 22,
2011 (City Council)
D. Applicant posted notice on site by: December 5, 2011 (Commission); Januarv 14, 2012 (Gifu Council)
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
Genesis Center RZ-11-005 PAGE 2
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
maybe 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):
• 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 11-2B-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 11-2B-3 for the C-C zoning
Genesis Center RZ-11-005 PAGE 3
district apply to this site.
D. Landscaping Standards (UDC 11-3B): 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 C).
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.
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
Genesis Center RZ-11-005 PAGE 4
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Genesis Center RZ-11-005 PAGE 5
Genesis Center RZ-1 1-005
PAGE 6
Exhibit A.2: Allowed Uses in the GN vs. GC Zoning Districts (Table 11-2B-2)
_.
Use _._ _' .C-N I C-C
Animal carefacility~ ~~( n
Artist studio '
~ P ~ P
i
Arts, entertainment or recreation facility, indoor ~ p ~ p
Arts, entertainment or recreation facility, outdoor I C p
Arts, entertainment or recreation facility, outdoor stage or music ~
( C
venue
~.
Building material, garden equipment and supplies
~ C I p
__ _ _ _.
Church or place of religious worship
_ _ .._ ___
__..
p p
r
___ _
_____ _
Civic, social or fraternal organizations
___ ___ ,
-~ ~ ----
( C i C
_. __.
Construction sand and gravel mining
...._.. ..
_ _
----
C C
r
_
_. __
_.__._.
Daycare center
/C A/C
Daycare, family
r._~_-__--. ___----------- __ ...
_. _ i --
~ A ~ A
: Daycare, group -----
P ( r
~ r
r---______-- --- ---
Dispatch center for mobile services
~
C
~
~.. -__ . _____ -- - --~-- - ~_ __
Drinking establishment .
~ _
,
--
C ~ C
Drive through estabhshment~ _ ~
i--
A/C A/C
Education institution, private
~ _.,_ _ - ._ r ~ r
P I P
Education institution, public ~
i
1 -- - --- r------
p P
~
'Equipment rental, sales, and
service- I i~ C
-
Financial institution
~ __-_
~P ! P
Flex space
~ __. __.
i
P
Fuel sales facility
~ _.__ ,_.~. .__._._~.r,. ~_________~. i C P
Healthcare or social services
__ _ _. __ P ~ P
Home occupation
~.. ~._
A _ ~_
~ A
Hospital ~ C
Hotel and motel
r...___ _.. ,_ _._ __
P/C - ~ P/C
Industry mfonnation~
: ,.....: ~ . ~ yam.. ~7 ~ ,, ,,,.., -
_
( P ~ P
Genesis Center RZ-11-005
PAGE 7
_ _-.
-- - -
Laundromat~ P ~ P
_ _ ___
__ ----
Laundry and dry cleaning _ ~ C
__ __ _. -------____ ~._ I
-I-C ~ -P
Mortuary
- ___.
j' _.__.._.........___._...........__..._........_._.,._....__..._..__~
Multi-family development
r.~~e~e
- ~ C
-- --
__
__
_--
Nursery or urban fanny _ ,-C -~-_P
i.... ._____._ ...
Nursing or residential care facility
- - --_ -_ -
~ C C
-_. __
r
Parking facility
C ~ C
Parks, public and pnvate
__-
__ -
P , P
r- - ._ ___._m._._
Personal service
_r _._ -
I P ~ P
Professional service
~ _.~_~____.
P P
i,...._ ....,_.__... _,..._.___... ..... _. _.__... ....
Public, infrastructure ~ C
Public or quasi-public uses ~ P ~ P
r.. ___ __ _ _
Pubbc utility minor _
P P
Restaurant ~ ~ P
r..... - _..---_ ...__.... _...
~.. i
Retail store
_-
I r p ~ p
~
__ _._ _
Retail store, wine and beer sales and servings
- _ _
----
p ' p
- ~-- _
Storage facility, outs~de~
A ~ A
- - -
Storage facility self service -- ---- -
_ C
~
Vehicle repair, minor ____ ___
~ ~ f
~ A I P
Vehicle sales or rental and service ~ _ ( C
Vehicle washing facility ~ C ~ P
Vc,itically integrated residential project C p
_ _ _ .--
--- - -
Wireless communication facility
P/C P/C
__
__
Wireless communication facility, amateur radio antenna r
~ ___.r. -------
A/C ~ A/C
Note:
l .Indicates uses that are subject to specific use standards in accord with chapter 4 of this title.
Genesis Center RZ-1 1-005 PAGE 8
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 ofright-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 ofright-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 9
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 andlor 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 Devel~ment 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 ACRD 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 ACRD 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 ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD 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 10
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
ACRD 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 ACRD 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 ACHD. The burden shall be upon the applicant to obtain written confurnation
of any change from ACHD.
6.2.12 If the site plan or use should change in the future, ACRD 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 awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Genesis Center RZ-L1-005 PAGE 11
C. Legal Description and Exhibit Map
ANNE~XATIOI~/ItE-ZONE DECRIP'TION
P`OR
SHARON SHARP•KNOX
A parcel locates in the NW '/. of tl~e NW '/, of Sextion 13, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
BEC3INNINCt at a brass cap monument maflcing the notthwextexly comer of said NW '/.
of the NW '/. from which a brass cap monument marking the nori~heaaterly corner of the
NW'J. of said Section 13 bears S 89°1S'35" E a distance of 2651.31 feat;
Thcnec S 89°1S'3S" E aloes the: northerly boundary of said NW '/, of the NW %, a
distance of 299.74 feet to a point on the extension of the exesterly boundary of that parcel
ekscribe~ by Instrument Number 108132092 on file in the; office of the Rescorder, Ada
County, Idaho;
Thence leaving said northerly boundary S 0°44'25" W along said exteruled ely
baun~ry a distance: of 270.06 feat to the southeasterly corner of said paacel;
Thence N 89°IS'3S" W along the aouthexly boundary of acid parcel a disdnce of 101.75
feet Eo an angle point in ~ parcesl boundary;
Thence N 0°48'25" E along said parcel boundary a distance of S9.lA feet ~ ~ eagle
point ~ said parcel bom-dary;
Thence N 19°15'35" W ak>nng acid parcel boumiary a distance of l9?.33 feet to a point oxi
the weatesrly bo~dary of said NW'/. of t~I-e; NW'/+;
Thence N 0°32'35" E along said westerly boundary a distance of 210.96 feset to the
poINT alr BEOINNINC3.
Thin parcel contains 1.59 across.
Prepared by: Cilerm K. Berutiett, PLS f - ~ . "~'"`^`~
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Civil Survey Consultants, Incorporated d' ~ C
November 4, 2011 5U$1 '~
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NOV A 8 2011
MERIDIAN PUBLIC
WORKS DEPT.
Genesis Center RZ-11-005 PAGE 12
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Genesis Center RZ-11-005 PAGE 13
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. The Commission
finds that the proposed map amendment is consistent with the Commercial future land use
designation for this site. Therefore, the Commission 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;
The Commission fmds 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;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. The Commission recommends that the Council consider any
oral or written testimony that maybe 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,
The Commission 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-SB-3.E).
The Commission finds this finding is not applicable as the request is for a rezone, not
annexation.
Genesis Center RZ-11-005 PAGE 14