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PZ Recommendations to CCSTAFF REPORT ~ IDIAN~- HEARING DATE: January 28, 2014 I D A H O (Continued from January 21, 2014) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: RZ-13-017 -Sheryl 4-Plex I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, JTC Inc. or Assigns, has submitted an application for a rezone (RZ) of 0.54 of an acre of land from the L-O (Limited Office) to the TN-R (Traditional Neighborhood -Residential) zoning district. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application as requested by the applicant, 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 19.2013. At the public hearing, the Commission moved to recommend denial of the subject RZ request. a. Summary of Commission Public Hearin: i. In favor: James Gibson; Tyler Johnson; Jake Conklin ii. In opposition: Philip Zaluska; Ronald Arndt iii. Commenting: None iv. Written testimony: Tyler Johnson (in agreement with staff report); and Philip Zaluska• Cindie Green; Judith Strike; Judith Titus; Ronald & Brenda Arndt; Don & Pat Baumback; Edward & Patricia Brown; Terry Veis; "Tiburon Meadows resident"• and a petition signed by residents of Tiburon Meadows Subdivision. all in opposition. v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The testimony provided by the neighbors in opposition to the application lamely based on traffic concerns. concern the site is too small for the proposed development, incompatibility with existing residential uses, and 2-story heiEht of the proposed structure; and ii. The appropriateness of keepinE the property zoned L-O for possible future development of an office vs. rezoning the site to accommodate the proposed multi-family development. c. Kev Commission Change(s) to Staff Recommendation: i. The Commission voted 3 to 1 to deny the applicant's request because they felt the existing zoning is more appropriate for the subject property than that proposed by the applicant. d. Outstanding Issue(s) for City Council: i. None Shery14-Plex RZ-13-017 PAGE 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-13- 017 as presented in the staff report for the hearing date of January 28, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-13-017 as presented during the hearing on January 28, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-13-017 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 subject property is located at 3150 W. Sheryl Drive on the northeast corner of N. Ten Mile Road and W. Sheryl Drive, in the NW '/4 of Section 11, Township 3 North, Range 1 West. B. Owner(s): Huit 1992 Revocable Trust 7461 W. Ustick Road Nampa, ID 83687 C. Applicant: JTC Inc. or Assigns c/o Jake Conklin 1099 S. Wells Meridian, ID 83642 D. Representative: Tyler Johnson 1099 S. Wells Meridian, ID 83642 E. 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 & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: December 2, and 16, 2013 (Commission); December 30, 2013 and January 13, 2014 (City Council D. Radius notices mailed to properties within 300 feet on: November 22, 2013 (Commission); December 27, 2013 (City Council) E. Applicant posted notice on site by: December 1, 2013 (Commission); and January 11, 2014 (City CouncilZ(lhe applicant updated the sign on January 17. 2014 for the continued hearing date of Shery14-Plex RZ-13-017 PAGE 2 January 28. 2014.) VI. LAND USE A. Existing Land Use(s) & Zoning: The site is vacant and is zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Church, zoned R-4 2. East: Single-family residential properties, zoned R-4 & R-8 3. South: Church and office (under construction), zoned L-O 4. West: N. Ten Mile Road and grocery store (Albertson's), zoned C-N C. History of Previous Actions: • In 2004, the subject property was rezoned (RZ-04-007) to L-O with a development agreement (Instrument No. 104112889). • In 2005, the subject property was included in a final plat for Tiburon Meadows Subdivision as Lot 1, Block 1. D. Utilities: 1. Public Works: a. Location of sewer: A 6-inch diameter sanitary sewer is stubbed to this property from W. Sheryl Drive. b. Location of water: A 2-inch diameter water service is stubbed to this property from W. Sheryl Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Mixed Use -Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. A multi-family development consisting of one 4-plea structure is proposed to develop on the site. A multi-family development is a principally permitted use in the proposed TN-R zoning district and is compatible with MU-C designated areas. The proposed four-plea will add to the mixed use character of this area which already includes two churches, an office building (under construction), a grocery store, a credit union, a medical complex and single family homes. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing office use (staff analysis in italics): • "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) Shery14-Plex RZ-13-017 PAGE 3 Access for this property is provided via W. Sheryl Drive, a local street; no access to N. Ten Mile Road, an arterial street, is proposed or approved. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) The proposed multi family residential development will contribute to the variety of housing types available within this part of the City. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) This site is currently in the City and urban services were stubbed to this property with the development of Tiburon Meadows Subdivision. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed residential use of the property should be compatible with adjacent residential, church, commercial, and office uses. • "Encourage infill development." (3.01.02B) The subject property is surrounded by property that has been developed in the City. The rezone and development of this vacant property will allow city services to be extended to the site as intended and provided for. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2D-1A, the purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. A TN-R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R district is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R district should be generally located adjacent to a TN-C district, along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the term residential district shall also include the traditional neighborhood residential district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the TN-R zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. A multi family development is listed as a principally permitted use in the TN-R zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): This site consists of 0.31 of an acre (0.54 of an acre including adjacent street right-of--way to the centerline/section line) of land currently zoned L-O. The applicant proposes to rezone the property to TN-R, consistent with the Comprehensive Plan Future Land Use Map designation of Shery14-Plex RZ-13-017 PAGE 4 Mixed Use -Community for this site. There are no structures on the site. Conceptual Development Plan: The applicant submitted a conceptual site development plan and building elevations showing how the site is proposed to develop with one (1) 4-plea structure. The proposed density of 12 units per acre falls within the range of 8-15 units per acre required in the TN-R zone. The structure will contain a mix of 2 and 3 bedroom units. A small playground area and an enclosed bicycle parking area are planned as amenities. Fencing (6' tall vinyl) is depicted along the north and east boundaries of the site. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for approval of the proposed use and to ensure compliance with UDC standards prior to issuance of building permits. Design Review: A design review application is required to be submitted concurrently with the CZC application for approval of the site design and future structure on the site to ensure compliance with the design standards listed in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual. Development Agreement: Development of this site is governed by a development agreement (DA) (Instrument No. 104112889) that was approved as part of the rezone of the subject property to L-O (and the adjacent property to R-8) in 2004. The agreement encompasses all of Tiburon Meadows Subdivision which consists of 42 residential lots, the subject lot, and two L-O zoned lots south of W. Sheryl Drive. The only provision in the current DA that applies to the subject property requires the garage on the site to be demolished; or, Lots 1 and 2 to be combined into one lot. The garage has been removed from the site as required. The City may require a DA in conjunction with a rezone pursuant to Idaho Code section 67- 6511A. In order to ensure the site develops as proposed with this application, staff recommends a new DA is required as a provision of the rezone with the provisions included in Exhibit B. Staff recommends approval of the proposed RZ application with the requirement of a development agreement in accord with the comments listed in this report based on the findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Development Plan, Floor Plan and Building Elevations B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District Shery14-Plex RZ-13-017 PAGE 5 Parks Department C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shery14-Plex RZ-13-017 PAGE 6 Exhibit A.1: Vicinity Map 3115 3416 t99 75 3313 3398 1418 ~a laoo 1378 1354 1351 1336 1327 33x2 332a 3397 J 1t ~ 3317 ~ 3293 3301 1352 ~''~ 1330 \ ~~* a ~. 1248 3220 rkfr4NcOr __ 3221 3375 3331 3281 3213 3353 3265 3348 3330 ~ h rya ~ 3256 1146 i~ Shery14-Plex RZ-13-017 PAGE 7 Exhibit A.2: Conceptual Development Plan, Floor Plan and Building Elevations I ~ Ma IW J .~ ~ Z •W I t- ~_ ~~ O .~ ' .._ . _.. ____ .....~ WES7 S4-{ERYL fll?1VE _ . ` . _ I ~~te Flan LOT I BLOCK i TIE~URON MEAD010tg SUB., 11)=RIDIAN, ADA CO, 1D ,~ QQ~ ~P a Shery14-Plex RZ-13-017 PAGE 8 Pr_e111A. M~p~__~1QOr Pta~n tf~s• • r-a• AREAS , ~-l4EDROOM AREAS,,,;,, OM 11am Roar 514 sP Mtan Ftoor 514 of Tota~il~rs 399 Upstairs 561 913 sf Total ~,p'15 ~{ dQ~ dc~Q. `~~ sn a Shery14-Plex RZ-13-017 PAGE 9 _..__.~____-~`-----__~_______~___ r---__~___. ~"~ _Z ~~ U~ Wig V~ Shery14-Plex RZ-13-017 PAGE 10 _Prel~m. lluoer Plnn - 2 Bit V f" . P-O' _ Prelim. llt~er Phn - 3 BR vM - r-a~ S t /~~ c Z ~. L 'a`te 4' V . F V y /~ v \_~ ~,,;'~? `,,J •` J8ft1®k Oipi0li. J1tAtd0iCf CHECK PRINT +;1T TD 8E U6W FOR WMSfRt1GTION `1 ~ L ~ ~ v v ` /~ • .f v 0 7J~/ r ~/j~~~,/./~j~/jam-yy~~./~(~~, ~ `r ~,.: L ~ \,a~1 ~..,i'i .,. e e e ~e eke ~~~~~ CHECK PRINT MOT TO K USED I°OR GQNSiRUC'11CMi Shery14-Plex RZ-13-017 w w w w PAGE 11 Exhibit B: Agency Comments 1. PLANNING DIVISION 1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to N. Ten Mile Road is prohibited in accord with UDC 11-3A-3. b. A 25-foot wide street buffer is required along N. Ten Mile Road and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. c. The subject property shall develop with one (1) residential four-plex structure generally consistent with the conceptual development plan and building elevations shown in Exhibit A.2. d. Development of the site shall comply with the design standards listed in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual. e. Development of this site shall comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district and the specific use standards listed in UDC 11-4-3-27 for multi-family developments. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.3 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.4 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.5 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Shery14-Plex RZ-13-017 PAGE 12 2.1.6 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.7 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.9 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.10 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.12 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.1.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.14 At the completion of the project, the applicant shall be responsible to submit record drawings for any new public infrastructure per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.15 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Republic Services to determine an appropriate location for the trash enclosure. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comment on this application. Shery14-Plex RZ-13-017 PAGE 13 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comply with all ACHD Standard Conditions of Approval (attached) as well as all ACHD Policies. 7.2 Prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from ACHD. Shery14-Plex RZ-13-017 PAGE 14 Exhibit C: Rezone Legal Description & Exhibit Map Dt:BCRIPTION FOR REZONE AT LOT 1, BLOCK 1, TIBURON MEADOWS SUBDIVI810N November 6, 2013 A PARCEL OF LAND BEING LOT 1, BLOCK 1, TIBURON MEADOWS SUBDIVISION AS RECORDED IN BOOK 91, PAGE 10789, ADA COUNTY RECORDERS AND PORTIONS OF ADJACENT RIGHT OF WAY, LOCATED IN THE NW'/.OF THE NW'/.IN SECTION 11, TOWNSHIP 3 N~tTH, RANGE 1 WEST OF THE BOISE AAERIDiAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIN{3 AT THE NORTHWEST CORNER Of SECTION 11, T.3 N., R.1 W., B.M.; THENCE S 00'25'27" W 600.00 FEET ALONG THE WEST LINE OF SAID SECTION 11 TO THE INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF TIBURON MEADOWS SUBDIVISION EXTENDED,THE REAL POINT OF BE©MIkMNO OF THIS DESCRIPTION; THENCE S 68'37'46" E 162.90 FEET TO THE NORTH€A5T CORN€R OF LOT 1, BLOCK 1, TIBURON MEADOWS SUDIVLSION; THENCE S 01'22'14" W 145.25 FEET ALONG THE EAST LINE Of SAID LOT 1 EXT€ND€D TO A PO#NT ON THE CENTER LINE Of W. SH€RYL Df~IVE; THENCE N 88'37'46" W 160.50 FEET ALONG SAID CENTER LINE TO A POINT ON THE WEST LINE OF SAID SECTION il; THENCE N 00'25'27" E 145.27 FEET TO ALONG SAID WEST uNE TO THE THIS DESCRIPTIflIV, CONTING 0.54 ACRES, MIOFiE OR LESS. OF. ~tIItIMtWMG OF Shery14-Plex RZ-13-017 PAGE 15 EXl-llBlT ~.~ ~.$ _ ~ ,.~.~ ~r~> ~ ~~,~~ ' R.~:o.~. ,_ v Mrs ~ 1MW s gram E ,a..~ ~~ ~~ ~11~~ i .~ ' , ' ' I /u~ ~ ~ ® 111M.Y11R~if .M- I ~LJC 1 r ~ r • 1' s ~' s Ut1f ~ v I~ I ~ ~Lif i 0.64 Ir01~1s ~ ~I =~ f» I --~ -~f ~ ~ • • -• _~... w errr~r w Saar - ' •..~ .._._._..____ : N •A~1P1= A~ ~.~~ Dove. I f ~ ~ ~ ~~ 314-11-4-4-t)-tit-1©7Sii REZONE DESCRIP?~N FQR JTC . ~r ~, t~oc~t 1 ~ TIEitJRON ~oows suc ~ tN ~ ~ 1/4 of TF~ NW 1/4 Of ~C. 11. T3N., R1W., ®.M., dTY ~ t~ERM1YW, AiaA tTY, ~dWO. Shery14-flex RZ-13-017 PAGE 16 ~c~o tso 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 a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the requested map amendment to TN-R is not consistent with the provisions of the Comprehensive Plan as presented during the public hearing on December 19, 2013. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the requested map amendment to the TN-R zoning district is generally consistent with the purpose statement of the district in that it will contribute to the variety of residential land uses available within the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the requested zoning amendment will not be detrimental to the public health, safety, or welfare; however, the Commission finds the existing L-O zoning more appropriate for the site than the proposed TN-R zoning. The Commission recommends that the 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, The Commission finds that the requested 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 request is for a rezone, not annexation. Shery14-Plex RZ-13-017 PAGE 17