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PZ Recs / Staff ReportSTAFF REPORT HEARING DATE: January 18, 2011 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: AZ-10-003 - Borup Property E IDIAN~-- IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Neilson Inc., has applied for annexation and zoning (AZ) of a 0.22 acre portion of land from the RUT (Rural Urban Transition) zoning district in Ada County to the C-G (General Retail & Service Commercial) zoning district in the City. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on December 16, 2010. At the public hearing they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Keith Borup ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Pete Friedman 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 AZ-10- 003 as presented in the staff report for the hearing date of January 18, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-10-003 as presented during the hearing on January 18, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ-10-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) PAGE 1 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Parcel No. 87039000605 Located in the southwest '/ of Section 6, Township 3 North, Range 1 East B. Owner(s): 2250 N. Meridian Road Trust P.O. Box 855 Meridian, ID 83680 C. Applicant: Neilson Inc. P.O. Box 855 Meridian, ID 83680 D. Representative: Keith Borup 2090 Freedom Lane Meridian, ID 83646 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation and zoning 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 29, and December 13, 2010 (Commission); December 27, 2010 and January 10, 2011 (City Council) E. Radius notices mailed to properties within 300 feet on: November 24, 2010 (Commission); December 27, 2010 (City Council) F. Applicant posted notice on site by: November 27, 2010 (Commission); December 29, 2010 (City Council) VI. LAND USE A. Existing Land Use(s): A portion of a parking lot exists on this property that is part of the abutting property to the north owned by the applicant. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential property, zoned R-40; a church across Meridian Road to the west, zoned L-O; commercial (Curriculum Cottage) to the south, zoned C-C; and a recently approved pre- school/daycare facility to the north, zoned C-G. PAGE 2 C. History of Previous Actions: • This property consists of a portion of Lot 3, of J. E. Pfost's Subdivision, platted in 1908. • A conditional use permit (CUP-10-008) was recently approved for apre-schooUdaycare center on the adjoining property to the north that incorporates the subject property. D. Utilities: 1. Public Works: a. Location of sewer: Services are available from N Meridian Road b. Location of water: Services are available from N Meridian Road c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: There is a shallow ditch that traverses this site from east to west. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A large portion of this site lies within flood zone XS and a smaller portion within flood zone AE. This site is not within the floodplain. F. Access: There is no access to this site via N. Meridian Road; access is provided to the parking lot on this property via one access to Meridian Road on the abutting property to the north. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Mixed Use -Neighborhood (MU-N)" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU- N areas: Up to 10 acres may be non-residential uses; up to 100,000 square feet of non-residential building area; residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medical/dental clinics, retaiUgift shops, schools, parks, churches, clubhouses, and public uses. Staff finds the recently approved pre-schooUdaycare center that incorporates this property is a compatible use in the MU-N category. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service is provided to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. PAGE3 Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Obj ective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff is of the opinion that the recently approved pre-school will contribute to the variety of educational and commercial opportunities available within the City. • Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff is of the opinion the pre-school/daycare use of this property is compatible with surrounding residential, church, and commercial uses for the following reasons: 1) the pre-school will serve the needs of nearby residents; 2) the appearance of the structure is consistent with adjacent buildings as it is a former dwelling; and 3) its location on an arterial street will not create additional traffic which would affect other properties. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. One access to the site is provided via N. Meridian Road, a minor arterial street, on the abutting property to the north which serves as an access to the parking lot on this site. • Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer is required to be provided along N. Meridian Road, an arterial street, on this property as required by UDC Table 11-2B-3 and CUP-10-008. 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. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A CUP was recently approved for apre-school/daycare center on this site as required in the C-G zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: NA PAGE 4 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to annex and zone 0.22 of an acre of land from the RUT zoning district in Ada County to the C-G district in the City. This property was developed with the adjoining property to the north and is held in common ownership. A portion of the parking lot for the adjoining business is contained on this property. When a conditional use permit for apre-schooUdaycare center was recently approved on the property to the north which also included this property, it came to staff's attention that this small sliver of land had not been annexed with the abutting parcel in 1982. When the Commission approved the CUP a condition of approval was that the applicant obtains annexation and zoning approval from the City Council within one year of the date of CUP approval. Due to its small size, irregular shape and being developed as part of the property to the north, staff is not recommending that a development agreement be required as a provision of annexation. Approval of the proposed annexation will clean-up the zoning on this property where a use has already been approved in the City and allow the applicant to comply with a previous condition of approval. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Site Plan (dated: July 15, 2010) 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 PAGE 5 Exhibit A.1: Vicinity/Zoning Map & Aerial Map "`_. -W WATERBURY dR -.. _..- .~--~ _~~_ PAGE6 a k'-r, Exhibit A.2: Site Plan ~. ;~ i, I+ t f~ to 4 7! (4 4 q1 1 } 1, ~~ ~~ x ~ ~' ~ i ~ '~ s ~~ '~;. ~~~.~~ ~t~Yt _G~~e fitt Culp - HgN 1r 342 Y /k, ~. a k~a laa.gl- pry, ~4Q-+813 ~~ ~ ~~~ ~ ~«,.. . ~f~~f~p01 ~.`nz b~C ~ f-'lr~ ~ ~ ifs R- ~o aan~ ~~i~ ~~~ TtJ `y/~ dot ~CfIC7 ~ '' ~ ~o' a~ ;~~ •~~ 5© A~. Mer~~rw ~Rl TKs /? 0 ~ $~ja ~~$ ~- ~+~~ liars , 1"dakv 836$'0 ~a-7383 33i - 738 PAGE 7 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The legal description for the proposed annexation submitted with the application (prepared on September 24, 2010, by James R. Prince, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD did not submit comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. PAGE 8 C. Legal Description and Exhibit Map ICLSTFtCL LAI'~ID SG~RYCYING i~"or A Pre~ai A pan~ai ~ bed iooai~d h ~ partlao of ~ ~ d,l.E Pb~rCa 8lbdrinion. edoariad fn Bank 4Ey~d~~1Pli~b~ 1It Paeip~ 1:i~T.E F~I~aa~td~syd~I~~,~Mi..Cu+.o~unQr. and a Aporg~on d 11ir Nom w.~r ^VAO ~• r i~N ~y,.~~ iIP1M1i~ ~1~yYy~~l,.,/~ +iM~~ ~ y~1 Q,y i. Ofi~w ~! N ~r ~ - ~IIYy nlalf ~ deed ~ ~O~ofNC lliiwt ir~#'idotion a ~oullt 00'!x" ~a1R i ~naa d 607.5?I ~ tll! AaN ~P+Ci~t of ; TMeelos tlodh !~'+~" ~ a dWaiaa~ at 9~DA0 last Ida a paint ~ iiw Ea~Vdy ~ ~Of'if1 ~1 . 'I'ttanos Narf~ lip'4~'10" 1Nrat a ~lanaa al "f~.OQ leaf fa a paint on ItM E.a~lety li~phi~oi~lYay- lino of #iaNrlbn Thereba ~IOMit1 s0'~'1!' 1AfMt a ddanaa of 90~i! le~et is a point an IIM W111t lao of add 8r~alion 0: . 1'hwwil abng ~ MrIMt ~ wiaetlM 00~'9~IP' 'YYa,t a dipanoe vt 41.~11`at io ~a p~oi~t ert' ~ . ~i paraei t;eer~ aqua hdt ncra,y a~an or ~ EaMd~ Projaat t~ 1413 sap~en~bar 24r ~'t0 rr~,pp~t PAGE 9 f~R 14 Aa'QE~k"A ! f"IIRC~Et A I~AI~i't GIF l~IARi ,~e~+1~t ~F I.GT~,1:L~,t, $~ydw'X~i ~.Ya'~„t~ SA1tl~A~,'81~ ~~Itild~c ~ {~ ~~ AT ~~. x~7. ~ eM~f/~M~M1ff~ Ira! I~ P~II~ yr ~ Ml1It ~ III' l~ IIG~ iW~l I~VX'!: t.~. 1e ~. ~'.~MC ~ ~ ~'~' rA>~ .R7~GiDG6ts ,~C1IM~' ~ `-aF ~ r r.as ;~ x~.ov~ ~.n` ~ratt+~ err-~a~ wrrr~ asmr ~ Frt apr~ Est °"' ~ Tl4X d'JIRC~l. IPA ~ ~~;~~ w 1 ~~ar ~ ~ nr 6CMtG t'-tom" t~"~J11~7 y ~ CiAtQRaI ~ PK~IVT P, G«t ,AGiNf T QF ~~~ ~~~~ 187-~ IIL /tAC.t RA.. / ~ l!'1 8,~7~l2 PfIVOMt~ (~eJ X19-?3~i PAGE 10 D. Required Findings from Unified Development Code 1. Annexation & Zoning 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 annex and zone the subject property from RUT in Ada County to C-G. The Commission finds that the proposed map amendment is consistent with the MU- N 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 finds that the proposed map amendment to the C-G district and recently approved daycare use of this property is consistent with the purpose statement of the commercial district in that it provides for the 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. 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). Because the applicant/owner was required to annex and zone the subject property as a condition of approval of CUP-10-008, the Commission finds the annexation of this property is in the best interest of the City. PAGE 11