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Memo by Planning 12/6E IDIAN~~-- x""+- 4 d ` ~. ~`' December 5, 2011 MEMORANDUM TO: Mayor & City Council FROM: Sonya Wafters CC: City Clerk, Pete Friedman, Becky McKay, Bill Nary RE: Tcn Mile Annexation (AZ-11-001) Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This application was heard by the Planning & Zoning Commission on September 1 ". Consistent with Staff's recommendation of denial, the Commission recommends denial to City Council of the applicant's request to annex and zone all of the subject 116.25 acre property with a C-G zoning district. The Commission's recommendation for denial is based on the proposed C-G zoning not being consistent with the Future Land Use Map (PLUM) designations within the Ten Mile Interchange Specific Area Plan (TMISAP) for this property of Medium High Density Residential (MHDR), Mixed Use Commercial (MIJC), Mixed Use Residential (MLJR), Green Space and Parkland (PARK), and High Density Employment (HDE). The request to zone all of the subject property to C-G is not consistent with the vision for this area. Additionally, the Commission and Staff is of the opinion that C-G zoning directly adjacent to future residential uses is not appropriate and does not provide a transition in zoning and/or uses as desired by the Comprehensive Plan. As an alternative to denial of the application, Staff included a recommendation for zoning in the staff report that could be supported which is consistent with the Comprehensive Plan. Two of the three property owners, the Fedrizzi's and SJJV, were agreeable with Staff s recommended zoning for their properties; however, the owners of the Janicek property were not in agreement. Because the properties are combined in one application and all of the property owners were not in agreement, the Commission voted to recommend denial of the application.. Since the Commission meeting, Becky McKay, the applicants' representative, has been working with the owners of the Janicek property to determine a zoning for the property that would be acceptable to the owners as well as the City. The applicant now proposes TN-C zoning for the western 30 acres of the Janicek property with C-C zoning on the eastern 44.5 +/- acre portion of the property along with the zoning recommended by staff for the Fedrizzi and SJJV properties. Staff is in support of the proposed TN-C zoning for the western portion of the Janicek property as it is consistent with the PLUM designations of MHDR, MUC, MUR & PARK for this area and will be compatible with adjacent future residential uses. However, Staff is of the opinion the C-C zoning proposed for the eastern portion of the site is not consistent with the PLUM designations of MUR, MUC and PARK for this area, especially without a development plan, and should be zoned TN-C consistent with the PLUM. Planning Department . 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 Per the TMISAP (pages 3-8 ~ 3-9), please note the following: Mixed use designated areas such as this represent the essential commercial components of the TMISAP and are the foundation on which the area will be built and represent a fully integrated land use type. Mixed use areas require the integration of the three major use categories -residential, commercial and employment. The MUR and MUC designations call for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The focus in MUR areas is on residential uses with retail, office and employment uses essential to securing entitlements. Live-work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial uses are generally small in scale and focused on neighborhood services. Traditional neighborhood design concepts -higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street -are essential. The focus in MUC areas is on commercial and employment uses with the horizontal and vertical integration of residential (multi-family or single-family attached) uses essential to securing entitlements. In MUC areas, three or more significant uses tend to be larger scale projects and are intended to provide flexibility and encourage developers to build innovative projects. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. PARK designated areas identify the recommended locations for public parks, some types of public and private outdoor recreational facilities, conservation areas, some stormwater management drainageways and detention areas, cemeteries, and similar uses that have an open space character and are not recommended for development. The zoning compatibility matrix contained in the TMISAP (page 2-5) compares the proposed land use descriptions and framework identified in the Plan with the City's zoning. The zoning district for each land use that comes closest to meeting the intent of the land uses in the Plan is compared and the most compatible zoning districts are identified as best, possible, or marginal choices. The zoning compatibility matrix referenced above lists the TN-C zoning district as the best choice for the MUR designated area; the proposed C-C zoning district is listed as a marginal choice. For the MUC designated area, the matrix also lists the TN-C zoning district as the best choice; the proposed C-C zoning district is listed as a possible choice. There is not a recommended zoning district for PARK designated areas; these areas should be zoned and developed within whatever the adjacent zoning district is for the area. Staff has reviewed the uses allowed in the TN-C vs. the C-C zoning district (see attached table) and found professional service; personal service; restaurant; retail store; financial institution; healthcare or social service; church; drinking establishment; education institution; arts, entertainment or recreation facility; artist studio; hotcl/motel; information industry; building material, garden equipment & supplies; daycare; nursing or residential care facility; parking facility; etc. are all possible allowed uses in both districts. However, the mix of commercial and residential uses allowed and encouraged within the TN-C district is far different from the commercial district. of C-C. Per UDC 11-2D-1, the purpose of the TN-C district is to serve as the focal point of a neighborhood canter, containing retail, commercial, and community services to meet daily needs of community residents within a one to two mile radius. Uses in the TN-C district include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. Further, development in the TN-C district tends to be more pedestrian oriented and more consistent with traditional neighborhood design concepts as desired for this area whereas development in the C-C district tends to be more auto-oriented and strip-type commercial and not as pedestrian friendly. Page 3 The C-C district also differs from the TN-C district in that more intense non-residential uses such as equipment rental, sales, & service; dispatch center for mobile services; drive through establishment; flex space; fool sales facility; hospital; storage facility; minor vehicle repair; vehicle sales or rental & service; and vehicle washing facility are all possible allowed uses, whereas they are prohibited in the TN-C district. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Comprehensive Plan. The C-C district is primarily intended for larger scale and broader mix of retail, office, and service uses which is not consistent with the TMISAP and vision for this area. Without a solid concept plan for this site, Staff can not support C-C zoning for this area. Staff is of the opinion the TN-C zoning district is the most compatible for the Janacek property for the following reasons: All residential dwellings (i.e. secondary, single-family attached/detached, townhouse, two-family duplex, multi-family, and vertically integrated) are potential axes in the TN-C district whereas the C-C zoning district is intended to meet the retail and service needs of the community. The types of uses allowed in the TN-C distract are more compatible with uses desired in mixed nse designated areas and the future adjacent residential uses to the north and west. Mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services is encouraged in traditional neighborhood districts. Staff is concerned that C-C zoning would not allow the variety of uses desired for this area. Traditional neighborhood design concepts are essential in mined use areas; standards for development are included in UDC 11-2D-5 for the TN-C district. Guidelines for mined use development are included in the Meridian Design Manual under the Urban and Urban/Suburban development contests. The development standards for the C-C district, however, do not follow traditional neighborhood design concepts. Staff is concerned that C-C zoning would not encourage the design concepts desired for this area. Further, the applicant has not submitted a concept plan for this application, so Staff is unable to evaluate ff the future development would/could be consistent with the UDC and Comprehensive Plan. Staff is concerned that too much of the TMISAP area could be zoned for "commercial" nses and not provide for the mix of uses (i.e. residential) desired in coaxed use designated areas ff the subject property is zoned C-C. There is H-E, M-E, and C-C zoned property to the south and west of this property where employment and commercial uses are proposed to develop. The general type of uses and development allowed in the TN-C district is what the TMISAP envisions for this site. Other areas in the City zoned C-C (i.e. Albertson's grocery store (NEC of Meridian & Fairview); (2) Fast Eddy's convenience stores/gas stations/carwashes (SEC of Overland & Locust Grove; SEC of Pine & Ten Mile); Hark's Corner (SWC of Linder & Franklin) -Arctic Circle restaurant with adrive-thru, coffee shop with a drivo-thru, convenience store/gas station/car wash; and the Walmart supercenter (south side of Fairview, east of Eagle) have developed with higher intense commercial uses than desired in mixed use areas such as this. Therefore, Staff continues to recommend the Council either deny the application as it is currently proposed or approve the application with the zoning recommended by Staff in the staff report in accord with the Comprehensive Plan if agreed upon by the applicant of the Janacek property (the other applicants have already agreed with the zoning recommended by Staff). ALLOWED USES IN THE TN-C VS. C-C ZONING DISTRICT (Differing uses are highlighted) Use ~ TN C ! C-C Animal care facility' ! - ~ P Artist studio'.... _ _. _ _ P P __ Arts, entertainment or recreation facility, indoor ___ C ~ P __ _ _ _ Arts, entertainment or recreation facility, outdoor C ~ P Arts, entertainment or recreation facility, outdoor stage or music venue C C Building material, garden equipment and supplies' C P 1 Cemetery i - ; - Church or place of religious worship' ~ P P Civic, social or fraternal organizations f C ~ C r Construction sand and gravel mining C C _~. _ _ _ _ _ Daycare center _ C A/C ~- Daycare, family A A Daycare, group P j P Dispatch center for mobile services' - C Drinking establishment' ~ ~ C ~ C Drive-through establishment' - ~ A/C Dwelling, secondary ___ ~ A Dwelling, single-family attached P j f __ _ __ Dwelling, single-family detached _ _ F_ _ __. C I - - -- -- _ Dwelling, townhouse ! P ~ - Dwelling, two-family duplex C i - __ Education institution, private' C ( P Education institution, public' I P ~ P _ __ r ____ Equipment rental, sales, and service --- - - C _ __ Financial institution P P Flex space ~ - ~ P Fuel sales facility - ~; P Healthcare or social services P ~ P _ _ Home~occupation' ~ ~ ~ A A _ _ _ Hospital' _ _ - _ _ . C f Hotel and motel C ~ P/C __ Industry, information' P/C ____ P __ Laundromat's P ~ P _-- _ Laundry and dry cleaning - __ . C Mortuary ~ C P __ Multi-family development' ~ P _ _ . C Nursery or urban farm ___ _ - P Nursing or residential care facility' ! C C Parking facility ~ C C __ __ _ _ j Parks, public and private P ~ P _ _ _ Personal service ___ P f _ ~ P __ Professional service P ~ P Public, infrastructure' C ~ C Public orquasi-public use' -_ ~ P ~ P Public utility, minor P P _ _ Restaurant --_ P - __ ~ P Retail store ~ j P P Retail store, wine and beer sales and servings' P ~ P __ _ Storage facility, outside' ., ... _ - ~4 , ; A Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title.