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Staff ReportItem 4.E: Police Department Rezone (RZ-10-003 and MDA -10-007) Location, size of property and existing zoning: The site consists of 9.33 acres and is zoned R-8. The site is located at 1401 E. Watertower Street. Adjacent Land Use and Zoning: The site is surrounded by existing and undeveloped commercial properties zoned C-G and agricultural property zoned RUT in the Ada County to the south. The agricultural property is designated commercial on the City's Future Land Use Map. Applications: Rezone and Development Agreement Modification History of Previous Actions: • In 2000, this properly was annexed and zoned (AZ-00-005) R-8. A development agreement (Inst. No. 100040596) was recorded at the time of annexation. A Conditional Use Permit (CUP- 00-054) was also approved to allow the construction of the police department. • In 2001, the property was platted (PP-O1-004 and FP-O1-006) as part of the Murdoch Subdivision. • In 2002, the Council approved a rezone (RZ-02-004) (ordinance #03-996) for Murdoch Subdivision No. 2. The Police Department property was not included with the rezone. Summary of Request: The subject applications propose to 1) change the zoning designation of the Police Department property (9.33 acres) from R-8 (Medium-Density Residential District) to C-G (General Retail and Service Commercial District) and 2) rescind the recorded development agreement (DA) which requires conditional use permit approval for any develop on the property. The recorded development agreement affects all of the lots (11 lots) platted with Murdoch Subdivision No.2. In addition, the R-8 zone requires conditional use permit approval to expand the public use on the subject property. If the subject property is rezoned to C-G, the existing facility and any other future facility would be classified as principally permitted uses. Future development would be subject to administrative approval (CZC and Design Review) as would any future expansion that may be planned for the site. Since a majority of the property surrounding the Police Station is zoned C-G or designated commercial on the future land use map, staff believes the requested zoning district is appropriate and should not impact surrounding properties. Staff is of the opinion that the UDC and the Meridian Design Manual (the UDC and Meridian Design Manual were not adopted at the time) provide the necessary tools to evaluate future development in this area. Comprehensive Plan Designation: Civic and Commercial. Compliance with Comprehensive Plan: Yes. Compliance with UDC: Yes. Future development of the site is subject to CZC and DES approval. Elevations: NA Written Testimony: Staff received written testimony from the State Board of Land Commissioners stating the rezone will not impact State Trust Lands. ~' Outstanding Issue(s) for Commission: None Staff Recommendation: Approval Notes: STAFF REPORT Hearing Date: TO: FROM: SUBJECT: October 21, 2010 Planning & Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-- IDAHO RZ-10-003 and MDA-10-007 -Police Department Rezone I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Police Department has applied for a rezone of 9.33 acres from an R-8 (Medium Density Residential) zone to a C-G (General Retail and Service Commercial District) zone. In addition, a development agreement modification is also requested to rescind the recorded development agreement that governs the subject property and the other commercial lots platted with Murdoch Subdivision No. 2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone and development agreement modification based on the analysis provided below and the Findings of Fact and Conclusions of Law listed in Exhibit D. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers RZ-10-003 and MDA-10-007 (Optional) as presented in the staff report for the hearing date of October 21, 2010 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-10-003 and MDA-10-007 (Optional) as presented during the hearing on October 21, 2010 for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-10- 003 and MDA-10-007, to (insert specific hearing date), and direct staff to make the following changes: (insert comments here.) IV. APPLICATION FACTS A. Site Address/Location: The subject property is located at 1401 E. Watertower Street, in the northeast '/ of Section 18, Township 3 North, Range 1 East. B. Owners: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 C. Applicant: City of Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 D. Applicant's Statement/Justification: See application file for more information. Police Deparhnent Rezone - 1 - V. PROCESS FACTS a. The subject applications are for a rezone and a development agreement modification. Based on the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on these matters. b. Newspaper notifications published on: October 4, and 18, 2010 c. Radius notices mailed to properties within 300 feet on: September 29, 2010 d. Applicant posted notice on site by: October 8, 2010 VI. LAND USE a. Existing Land Use(s): The subject property is developed with a police station and canine training area. Three acres of the site is vacant and suitable for future development. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The site is surrounded by existing and undeveloped commercial properties zoned C-G and agricultural property zoned RUT in the Ada County to the south. The agricultural property is designated commercial on the City's Future Land Use Map. c. History of Previous Actions: • In 2000, this property was annexed and zoned (AZ-00-005) R-8. A development agreement (Inst. No. 100040596) was recorded at the time of annexation. A Conditional Use Permit (CUP-00-054) was also approved to allow the construction of the police department. • In 2001, the property was platted (PP-O1-004 and FP-01-006) as part of the Murdoch Subdivision. • In 2002, the Council approved a rezone (RZ-02-004) (ordinance #03-996) for Murdoch Subdivision No. 2. The Police Department property was not included with the rezone. d. Utilities: 1. Public Works: Location of sewer: NA Location of water: NA Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral bisects the property and is not tiled. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Civic" and "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105 and 106), law enforcement facilities, among others, are listed as appropriate uses for both the Civic and Commercial land use designations. The UDC does not designate a specific zoning district for a civic land use designation; however, the requested C-G zone is consistent with the Commercial land use designation. Police Department Rezone - 2 - Since a majority of the surrounding property is commercially zoned and developed and vacant land is designated commercial on the Future Land Use Map, staff finds the requested C-G zone consistent with the comprehensive plan. Further, the site is developed with an existing law enforcement facility, thus the existing use on the site is consistent with the civic and commercial land use designation. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. If the proposed rezone is approved, the existing police facility (Public/Quasi-Public use) becomes a principally permitted use rather a conditional use in the current R-8 zone. The specific use standards for public/quasi-public uses are listed in UDC 11-4-3-30. B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site upon rezoning of the property. IX. ANALYSIS The subject applications propose to 1) change the zoning designation of the Police Department property (9.33 acres) from R-8 (Medium-Density Residential District) to C-G (General Retail and Service Commercial District) and 2) rescind the recorded development agreement (DA) which requires conditional use permit approval for any develop on the property. The recorded development agreement affects all of the lots (11Lots) platted with Murdoch Subdivision No.2. The Meridian Police Department is in the planning process to construct a new training facility on the subject property. The Planning Department was contacted to discuss the planning process to facilitate the construction of the new training facility. In a review of the site, staff determined that future development was governed by a recorded development agreement that stipulates that all non- residential uses require a conditional use permit. At the time, the City was in the process of updating the Comprehensive plan and it was anticipated the land use designation would be changed from medium density residential to commercial. It was noted in the DA that the requirement for CUP approval may be changed at a future date by a revised development agreement if the properties were rezoned. In 2002, a rezone application requesting a C- Gzone was granted. The rezone included ten (10) commercial lots platted with Murdoch Subdivision No. 2 (Exhibit A.2). The rezone did not include the Police Department property. A new DA was not required nor executed with the rezone, thus, the recorded DA is still valid for the annexed properties and subject to the CUP process. Since the property is currently zoned R-8, a conditional use permit is required to expand the public use on the subject property. If the subject property is rezoned to C-G, the existing facility and any other future facility would be classified as principally permitted uses. Future development would be subject to administrative approval (CZC and Design Review) as would any future expansion that may be planned for the site. Since a majority of the property surrounding the Police Station is zoned C-G or designated commercial on the future land use map, staff believes the requested zoning district is appropriate and should not impact surrounding properties. The same findings were made with the approval of the rezone application in 2002. Due to the commercial and industrial development in the area, other properties having been rezoned to C-G, and the vacant property to the south is designated commercial on the Future Land Use Map, staff believes the CUP process is no longer necessary and the recorded development should be terminated. Further, Staff is of the opinion that the UDC and the Meridian Design Manual (the UDC and Meridian Design Manual were not adopted at the time) provide the necessary tools to evaluate future development in this area. Police Department Rezone - 3 - X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Property Rezoned to C-G in 2002 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Police Deparhnent Rezone - 4 - A. Drawings 1. Vicinity Map 3 ~ ~.-40 o RUT o C-N RUT a ~ ~ ~ , _. R-40 ~ w - ~ z ~ ,. _ -----~ RUT E KALISPELL STL ~ ~ ~ --_ _ '', ~ R1 ~ ~-lg 3 ~ -~- o Rl N 1 _~ O in ,n z !' a ~' E BOWSTRLNG ST ~, E wnrERTOwER sr E WATERTOWER ST `^ A °~I ! ~ ' W', E BOLLMAN ST m SITE R-8 °~ > `i ~ - ~ -- Exhibit A Exhibit A - 2 - 2. Property Rezoned to C-G in 2002 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The legal description for the proposed rezone submitted with the application (prepared on September 9, 2010, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 Future construction and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 1.1.3 Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 1.1.4 Development of the subject property shall comply with the C-G standards listed in UDC 11-2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C-CG zoning district listed in UDC Table 11-2B-2. 1.1.5 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.1.6 Upon approval of the rezone ordinance, the Legal Department shall modify the development agreement recorded as instrument #100040596 for the sole purpose of terminating the development agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues or concerns with this application. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. Exhibit B - 1 - 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.7 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.8 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.9 .COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D 104.1. 3.10 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Exhibit B - 2 - C. Legal Description and Exhibit Map REZONE BOUNDARY DESCRIPTION FOR THE CITY OF MERIDIAN R8 ZONIlYG TO CG ZONING A parcel located in the N '/z of the SE '/s of the NE '/. of Section 18, Township 3 North, Range 1 East, Boise Meridian, and being Lot 8 of Block 2 ofMURDOCHSUBDt'VISIDNNO. 1 as shown in Book 83 of Plats at Page 9158 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly comer of the NE ~ of said Section 18, from which a brass cap monument marking the northeasterly comer of said NE '/. bears N 0°31' l5" E a distance of 2658.81 feet; Thence N 0°31' LS" E along the easterly boundary of said NE '/. a distance of 664.63 feet to the southeasterly comer of said N'fe of the SE'/. ofthe NE'/.; Thence leaving said easterly boundary S 89°36'07" W along the southerly boundary of said N'h of the SE '/. of the NE '/. a distance of 3 ] 6. ] 0 feet to the southeasterly comer of said Lot 8 aad the POINT OF BEGINNIIVG; Thence continuing S 89°36'07" W along said southerly boundary, said boundary also being the southerly boundary of said Lot 8, a distance of 1010.13 feet to the southwesterly comer of said Lot 8 and said N'h of the SE '/. of the NE '/.; Thence leaving said southerly boundaries N 0°29'39" E along the westerly boundary of said Lot 8 and said N 'h of the SE '/. of the NE '/. a distance of 402.91 feet to the northwesterly corner of said Lot 8, said point also being on the southerly right-of--way of Watertower Street; Thence leaving said westerly boundaries N 89°39'40" E along said. southerly right-of--way a distance of 1010.31 feet to the northeasterly comer of said Lot 8; Thence leaving said southerly right-of--way S 0°3 l' 15" W a distance of 401.87 feet to the POINT OF $EGINNING. This parcel contains 9.33 acres and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated September 9, 2010 RE ~1@I,t4PPROVAL BY v SEP 10 2010 MERIDIAN PUBLIC WORKS DEPT. Exhibit C - 1 - as ~;~ #~ ~ f ! ! ~ l~~~~~~ 33~~i ~~~~~~~~~~~i ~ II I~ I, e o • ~ ~ i l k I M~ ~~~ ~~ ~~ n Y~6 ~ mml N z O ~z~ o o~~ Z N5 ~~~o a „, ~~~~sN Q~~ ~ aV O ~~ _~ ~ Q U g ap 0 p"' 2S_ tY~ ~V v7a ~?~ m s ~-~--~ y • ,am a ~~t -- -o ~t ~~i ~~ ~~ ~ ~ p ~i ~~ a ~ ~~ ~~ ~ Ij ~~ ~' ~ ~ ~ ~~ s ~ ~ ~~#~~'~~p~~~~ ~~~~~ ~j ~~ i~ ,l sf ~~ fi~ ~i s i ~ 8 ~~ ; ~~ ~ i ~ s ~~~ ~ ~~ ~ ~ ~~ .i ~~ ~ ~~ ~~ ~ls ~~ ~ ~,~ ;I ~J ~~ ~~i ~ ~ ~~q ~~ s s~0 ad Ai~~i ~~ af~ J~ w8~ r~ •~~ 4~~ ~ ~i ~ 'ON ramua.. m. oNU~a ., ---~'-- ~- --'-- t ~Y ~~ ~! Mi w r M S Exhibit C - 2 - 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 R-8 to C-G. Staff finds that the proposed zoning map amendment and the existing use on the site comply 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 C-G will help expedite the development review process for the site thus improving services for the citizens of Meridian. 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 rely on 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, 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-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D