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Staff Report - PZChanges to Agenda: • Items #4A, B: Southridge Estates — Applicant requests continuance to June 4th as they continue to prepare the architectural guidelines requested by the Commission. • Items 4C, D: Nesting Swan Ranch — Continue to May 21st due to an error in noticing (notices were not mailed to adjacent property owners within 300' of the site as required) Item #4E: Three Corners Rezone (RZ-15-006) Application(s): ➢ Rezone Size of property, existing zoning, and location: This site consists of approximately 12.65 acres of land, currently zoned C-C, R-8 and R-4 located on the southeast comer of E. Chinden Boulevard and N. Locust Grove Road. Adjacent Land Use & Zoning: 1. North: Chinden Boulevard and Banbury Subdivision, zoned R-1-P in the City of Eagle 2. East: Private school and church, zoned C-C and R-8 3. South: Three Comers Subdivision No. 2, zoned R-4 4. West: Fuller Ranchettes Subdivision, zoned R1 in Ada County History: In 2013, the property received rezone; preliminary plat and development agreement modification (MDA-13-017) approval to develop 54 residential lots, 8 commercial lots and 6 common lots. The property is subject to two (2) development agreements recorded as instrument #108022887 and #114004225. The City Council has approved two (2) phases of the final plats. Comprehensive Plan FLUM Designation: MU-C Summary of Request: The applicant has applied for a rezone of 12.65 acres of land from the C-C, R-8 and R-4 zoning districts to the C-C (9.38 acres), R-8 (2.76 acres) and R-4 (0.51 acres) zoning districts. With the previous approvals in 2013, the current zoning districts and the subdivision were deemed consistent with the MU-C designation of the Comprehensive Plan. During review of the second phase of the final plat, it was discovered that the current zoning boundaries did not coincide with the boundaries of the final plat. In order to expedite the approval of the final plat, the City Council approved the final plat with a condition that the applicant obtains approval of a rezone application to correct the zoning discrepancy prior to City Engineer signature on the final plat. Because the subject rezone is only required to correct a zoning boundary error, Staff is not requiring additional conditions of approval or a development agreement with the subject application. The applicant is still responsible to comply with all of the conditions of approval and the recorded development agreements associated with the Three Corners Subdivision. Written Testimony: Kent Brown, Applicant's Representative (response to the staff report); Staff Recommendation: Approval Notes: STAFF REPORT Hearing Date: May 7, 2015 E IDIAN --- TO: Planning and Zoning Commission i D A H O FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Three Corners Subdivision - RZ-15-006 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a rezone (RZ) of 12.65 acres of land from the C-C (Community Business District), R-8 (Medium -density Residential) and R-4 (Medium Low -density Residential) zoning districts to the C-C (Community Business District) (9.38 acres), R-8 (Medium -density Residential) (2.76 acres) and R-4 (Medium Low -density Residential) (0.51 acres) zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number RZ-15-006 as presented in the staff report for the hearing date of May 7, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers RZ-15-006, as presented in the staff report for the hearing date of May 7, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-15-006, 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: The site is located on the southeast corner of E. Chinden Boulevard and N. Locust Grove Road in Section 29, Township 4 North, Range 1 East. (Parcel No.: S0529223150 and S0529223020) B. Owner/Applicant(s): Sweet Land Development Inc. 1890 E. Dunwoody Court Three Corners Subdivision RZ-15-006 PAGE 1 Meridian, Idaho 83642 C. Representative: Kent Brown, KB Planning P.O. Box 36 Meridian, Idaho 83680 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 20, and May 5, 2015 (Commission); C. Radius notices mailed to properties within 300 feet on: April 15, 2015 (Commission); D. Applicant posted notice on site(s) on: April 27, 2015 (Commission); VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently being developed as a residential subdivision and the commercial portion is vacant, zoned C-C, R-8 and R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and Banbury Subdivision, zoned R-1-P in the City of Eagle 2. East: Private school and church, zoned C-C and R-8 3. South: Three Corners Subdivision No. 2, zoned R-4 4. West: Fuller Ranchettes Subdivision, zoned R1 in Ada County C. History of Previous Actions: In 2013, the property received rezone (RZ-13-010); preliminary plat (PP-13-025) and development agreement modification (MDA-13-017) approval for a mixed use development. The preliminary plat consisted of 54 residential lots, 8 commercial lots and 6 common lots. The property is subject to two (2) development agreements recorded as instrument #108022887 and #114004225. The City Council has also approved two (2) phases of the final plats (FP-14-002 and FP-15-008). D. Utilities: 1. Public Works: a. Location of sewer: Sewer extension is being reviewed and approved with the final plat (FP-15-008). b. Location of water: Water extension is being reviewed and approved with the final plat (FP-15-008). c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. Three Corners Subdivision RZ-15-006 PAGE 2 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Community (MU-C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated. Featured elements of the mixed use development should include the following: • Residential densities at a minimum of 6 dwelling units to the acre; • Where feasible higher density along SH 20/26 to serve employment destination centers; • A conceptual site plan; • Provide community serving facilities; • Provide some form of common, usable area, such as a plaza or green space; • Landscape buffering between commercial and existing low or medium density residential; • Three different types of land uses and; • Be accessible to neighborhoods by both vehicles and pedestrians. With the previous approvals, the current zoning districts and the subdivision were deemed consistent with the MU-C designation of the Comprehensive Plan. During the review of the second phase of the final plat, an error was discovered between the boundaries of the current zoning districts and the proposed second phase of the final plat. The rezone request is merely to correct this discrepancy. Therefore, the requested rezone is still found to be consistent with the previous approvals and the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C-C): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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. RESIDENTIAL DISTRICTS (R-4 and R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Table I 1-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3, UDC 11-2A-5 and UDC I 1-2A-6 for the C-C, R-4 and R-8 zoning districts. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): Three Corners Subdivision RZ-15-006 PAGE 3 As mentioned above, this property was approved for a mixed use development and zoned accordingly. Since those approvals the first phase of the final pat has recorded and single family homes are currently occupied or under construction. With the current market demand the applicant has received approval of the second phase of the residential portion of the development. During review of the final plat, it was discovered that the current zoning boundaries did not coincide with the boundaries of the final plat. In order to expedite the approval of the final plat, the City Council approved the final plat with a condition that the applicant obtains approval of a rezone application to correct the zoning discrepancy prior to City Engineer signature on the final plat. The legal descriptions and exhibit maps in Exhibit A.2 represent the requested zoning boundary modifications and should correct the error. Because the subject rezone is only required to correct a zoning boundary error, Staff is not requiring additional conditions of approval or a development agreement with the subject application. The applicant is still responsible to comply with all of the conditions of approval and the recorded development agreements associated with the Three Corners Subdivision. Staff recommends approval of the proposed rezone. A. Drawings/Other 1. Vicinity Map 2. Rezone Legal Descriptions and Exhibit Maps B. Conditions of Approval C. Required Findings from Unified Development Code Three Corners Subdivision RZ-15-006 PAGE 4 A. Drawings 1. Vicinity Map Vicinity Map Legend Area of Impact Parcels - Meridian E Chi:den_Blvd C C L-0 Q R-15 E Everest 5t R-8 E Boulder RL I.Bar St o K 1, - — �..- > � x N of I R-S Z c Z � R-2 C-C R4 Tallinn St Z IE iP sacana Sr E, - R.a. 11I3--E v-m`r-o .. AraEr\s ... ... Print Date: 3/13/2015 0 0.175 0.35 Miles 0 The information shown on this map is compiled from various sources and is subject to constant revision. The City of Meridian makes no warranty or guarantee as to the content, accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. (✓'V(E IDIAN IDAHO Three Corners Subdivision RZ-15-006 PAGE 5 2. Rezone Legal Descriptions and Exhibit Maps 5ay400th Land 5urreyeng. UG P: 1208) 398.8104 F: (208) 398.8105 2030 3. Wa3h:ngttm Ave„ tmmctt, ID 83617 April 2, 2016 Three Corners Subdivision Commercial SourWary Legal A parcel of land located In the NW 114 of the NW 1/4 of Section 29, T. 4 N., R. 1 E,, S.M., City of Meridian, Ada County, Idaho, more particularly described as follows; BEGINNING at a found brass cap marldng the northwest corner of said Section 29; Thence South 89°2641' East, coincident with the north I#n® of said NW114 of the NW114 of Section 29, a distance of 1002.68 feet; Thence South 0°3424" West, parallel with said east Nne of the NW1/4 of the NW1/4 of Section 29, a distance of 365.06 feet to the beginning of a non -tangent curve; Thence 210.43 feet along the arc of wild curve to the left. with a central angle of 12'37'29", a radius of 955.00 feet, subtended by a chord Dearing South 83.44'48" West, 210.00 feet; Thence North 89°25'36" West, 82.67 feet; Thence South 0°34'24" West, parallel wfh said east line of the NWt/4 of the NW1/4 of Section 29, a distance of 15.00 feet; Thence North 89"25'36" West, 85.14 feet to the beginning of a non -tangent curve on the east right of way line off. Three Comers Drive; Thence 304.57 feet along the arc of said curve to the left, and coincident with sold east right of way One of E. Three Comers Drive, with a central angle of 73037'48", a radius of 237.00 feet, subtended by a chord bearing South 86.27'10" West, 284.04 feet; Thence South 49038'16' West, coincident with said right of way line of E. Three Comers Drive, 44.78 feet; Thence North 73°23'30" West, coincident w4th said right of way Itne of E. Three Corners Drives, 26.80 feet; P.'%M16115006-ROCK SOLID -THREE CORNERS 3UwlnpXM*w"Iow%3 CORNERS 4 COMMERCIAL BNORY LEGAL-REV.docx pfloe 11 Three Corners Subdivision RZ-15-006 PAGE 6 Thence North 15036'05" Weat, coincident with said right of way One of E. Three Corners Drive, 74.86 feet; Thence South 74023155" West, coincident with said right of way One of E. Three Comers ©rive, 74.00 feet; Thence South 15.36'05" East, coincident with said right of way One of E. Three Comers Drive, 81.63 feet; Thence South 45°2620' West, coincident with said right of way One of E. Three Comers Drive, 18.87 feet; Thence North 89'23'32' West, coincident with said right of way line of E. Three Corners Drive, 186.48 feet to the west line of said Section 29; Thence North 0°3r24" East, coincident with said west One of Section 29, a distance of 487.46 feet to the POMT OF BEGINNING. The above described parcel contains 9.38 acres more or less. Togedw with and subJect to covenants, easements and restriction of record. Three Corners Subdivision RZ-15-006 PAGE 7 5awtoot h land Surveying, LLC P: (206) 390-6 t 04 t': (208) $98-8105 2030 5, Washmgton Ave., Emmett, ID 85617 March 16, 2015 Three Comers Subdivision R4 Boundary Legal A panel of land localod in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, inore particularly described as follows; COMMENCING at a faund brass cap marking the northwest comer of said Section 29; Thence South 89"2841" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1002.58 feet; Thence South 0°34'24" West, parallel wlM1 the east line of said NW114'of the NW1/4 of Seellon 29, a distance of 40.00 feet; Thence South 89'26'41' East, parallel with avid north kne of the NW1/4 of #w NW 1/4 of Secdon 29, a distance of 324.00 feet; Thence South 0'34'24" West, coholdent with the writ #no of Fuller Randettes as shown on fHse 1n Book 18"of Plats, at Pape 1179, Ada County Records, 340.14 feet to the POINT OF BEGINNING; Thence contlm*ng South On414' West, ooincident with said west line of Fuller Ranc hettes, 25.00 feet; Thenoe North 89°25'3W West, 615.08 feed Thence North 0034'24" East, 15.00 feat; Thence South 89626360 East, 82.57 fleet to the beginning of a non -tangent curve; Thence 219.00 feet along the are of said curve to the right, with a central angle of 13'08'20", a radius of 955.00 feet, subtended by a chord bearing North 849WIC East, 218.52 feet; Thence South 89°26'38" East, 185.43 feet, 1"M151150054t= SOLID-THRF-E CORNERS 30rav ings'Oeacriptionsl3 CORNERS R4 8NDRY LEGAL- REV.d= patle li Three Corners Subdivision RZ-15-006 PAGE 8 Thence South 0034'24" West,15.00 feet; Thence South 89925'3(" East,130.00 feet to the POINT OF BEGINNING. ALSO TOGETHER WITH: A parcel of land located in the NW114 of the NW1/4 of Section 29, T. 4 N., R. 1 E., S.M., City of Meridian, Ada County, Idaho, more particularly described as foilows; COMMENCING at a found brass cap marking the northwest comer of said Section 29, Thence South 8902641' East, coincident with the north line of said NW1/4 of the NW114 of Section 29, a distance of 1002.68 feet; Thence South 0.34"240 West, parallel with the east One of said NW1/4 of the NW1/4 of Section 29, a distance of 40.00 feet Thence South 89026'41" East, parallel with said north One of the NW1/4 of the NW V4 of Section 29, a distance of 324.00 feet; Thence South 0°34'24" West, coincident with the west Una of Fuller Ranchettes as shown on Me in Book 18 of Plats, at Page 1179, Ada County Records, 365.14 fast; Thence North 89025'36" West, 630.00 feet to the POINT OF BEGINNING; Thence South 0034'24" Went, parallel with said east the of the NW1/4 of the NW114 of SecOan 29, a distance of 95.85 feet 10 the ear telly right of way of E. Three Comers DrWe, and the beginning of a non -tangent curve; Thence 129.82 feet along the arc of said crave to the lek with a central er#e of 31 *23'01 ", a radius of 237.00 feet, subtended by a chord Ming North 41902'26" West, 128.20 feet; Thence South 89°25'38" East, 85.14 feet to the POINT OF BEGINNING. The above described parcel contains 0.51 acres more or less. Togeftr with and subject to covenants_° QWents and restriction of record. End Description I'V0151i5005-ROCK SOLID THREE CQRNPfJ&WW* i)escxi don$13 CORNERS R4 DNDRY LEGAL. REV.doo Pages is Three Corners Subdivision RZ-15-006 PAGE 9 5awt:ooth Land aurveymej, LLC Yc (2061 398-610-1 r: 19nAl 398 A 105 2030 $. W051'" kan Ave., EmMet.G, ID 83617 April 2, 2015 Three Comers Subdivision R8 Boundary Legal A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R.1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 89'26'41" East, coincident with the north fine of said NW1/4 of the NW1/4 of Section 29, a distance of 1002.58 feet to the POINT OF BEGINNING; Thence cordinuing South 89"26'41" East, ooinckdent with said north line of NW1/4 of the NW1/4 of Section 29, a distance of 324.00 feet; Thence South 0`34'24" West, coincident with the west line of Fuller Ranchettes as shown on file in Book 18 of Plats, at Page 1170, Ada County Records, 380.14 feet; Thence North 89"25'36" West, 130.00 feet Thence North 0°34'24" East, 15.00 feet; Thence North 891125'36" West, 185.43 feet to the beginning of a non -tangent curve; Thence 8.57 feet along the arc of said curve to the left, with a central angle of ('30'51", a radius of 966,00 feet, subtended by a chard bowing North 89*41'02' West, 8.57 feet; Thence North 0034124" East, paralkel with said east Une of the NW114 of the N 29, a distance of 365.08 feet to the POINT OF BEGtIrMNNG. The above described parcel contains 2.76 acres more or less. Together with and subject to covenants, easements and restriction of rood. Carl Porter, PLS 14221 Do C-nd Descrkptlon P.V015%15005-ROCK SOLI? -THREE CORNERS 3VrswkXpV)"c4ptions13 CORNERS R9 BNDRY LEGAL- REV.doox Paup 11 Three Corners Subdivision RZ-15-006 PAGE 10 �-40� 9OLGIM (90 �l 3NOZ IVIOWWO 0`01MV (00 -d o('wKjiHjrq Oa OWI VaRMS ons SN3NMOD 33NHi ci I= 4*arobd *�?AVMUVlwNsVA4 *s ww Sim 00d 0 RNS cda 4 tu > Ul U r'l Three Comers Subdivision RZ- 15-006 PAGE 11 N 89'26'4 1" W 8,Vs. 14, E. CHNOEN BLVD, on S 0'34'24 4c,ot �'-" 89 6'4 1" W Is E 18!,.43* 2c D.43 Act IE C-4 in V Awt-AT'-3i-'H a - tyj OEM r Ce4 T11REF CORNERS SV8 8WVEETLMDDeV. MERIDIAN, ID R4 ZONE W16 "TS 4V30 & KA&W4GT0)VAW- &Mwrx 0 83017 P.' (M) 3WO104 ^10"re P. {M) 398-8106 Ism WWW-8AWW0TK8.00A4l I OF I Three Comers Subdivision RZ- 15-006 PAGE 12 P 20 F.. CfIRdCII h BLY7. ,. �. s�� z� 2.5w�' . i � ~ J M'1 r. ib Ac— l d t; 1 fM 10 n M Y U N O V M V1 r LAIiA ars 20305. N44S1�NNGtONAV . twtar 11WE CORNER', SUR BWEET LAND DEv. 06WI ,,10SWI7 15005"E MERIDIAN, ID F.•. MR)3�? 810 �o6� RF3 ZQCdE 1 a^re 4ris Y WWW SAW71D0TKs.COM _...1 OF 1 j Three Corners Subdivision RZ-15-006 PAGE 13 B. Agency Comments 1. PLANNING DIVISION 1.1 Rezone 1.1.1 The Applicant shall meet all terms of the approved rezone, preliminary plat (RZ-13-010, PP-13- 025, FP-14-002 and FP-15-008) and recorded development agreements (Instrument No.(s) 108022887 and 114004225) for this subdivision. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall comply with all previous conditions of approval associated with the file numbers noted above in comment 1.1.1. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Three Corners Subdivision RZ-15-006 PAGE 14 C. 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, 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 approximately 12.65 acres from the C-C, R-4 and R-8 zoning districts to the C-C, R-4 and R-8 zoning districts to ensure the zoning boundary is consistent with the approved final plat. Staff finds that the proposed map amendment is generally consistent with the MU-C FLUM designation for this property. (see section VII above). 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, R-8 and R-4 zoning districts is consistent with the purpose statements for commercial and residential districts as detailed in Section VIII above. 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. City utilities will be extended at the expense of the applicant. 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 rezoning this property to correct the zoning discrepancy is in the best interest of the City. Three Corners Subdivision RZ-15-006 PAGE 15