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PZ - Staff Report Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 18, 2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0105 Alturas PROPERTY LOCATION: 1550 S. Tech Lane North side of W. Overland Rd., midway between S. Linder Rd. & S. Meridian Rd., in the SW ¼ of Section 13, T.3N., R.1W. I. PROJECT DESCRIPTION Rezone of 7.24 acres of land from the I-L to the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 7.24 Future Land Use Designation Commercial Existing Land Use Retail, office, church Proposed Land Use(s) Same Current Zoning I-L Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs across frontage of site History (previous approvals) CZC-00-012 (Western Electronics); CUP-01-009 (Treasure Valley Technical Center); A-2018-0089 (Consign) B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) No No Access (Arterial/Collectors/State One (1) existing access via W. Overland Rd., arterial; and one 3 Page 2 Details Page Hwy/Local)(Existing and Proposed) (1) existing access via S. Tech Ln., local private Stub Street/Interconnectivity/Cross Access Existing shared driveway access via W. Overland Rd. with the adjoining property to the east; no cross-access/ingress-egress easement exists. 3 Existing Arterial Sidewalks / Buffers Existing sidewalk along W. Overland Rd. & 55’ wide buffer; existing 30’ wide buffer along S. Tech Ln. – sidewalk exists to the north but not south of driveway Proposed Road Improvements None C. Project Area Maps Future Land Use Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Travis Barney, Alturas 1550 Tech Lane, LLC B. Owner: Alturas 1550 Tech Lane, LLC C. Representative: Hethe Clark, Spink Butler, LLP IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 6, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and number of attendees: August 28, 2018; 2 attendees V. STAFF ANALYSIS The Applicant requests approval of a rezone of 7.24 acres of land from the I-L to the C-G zoning district consistent with the Commercial FLUM designation for this property. The existing and Page 3 continued use of the property for retail, office and church uses is listed as a principally permitted use in the proposed C-G district per UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. No new development or redevelopment of the site is proposed at this time. This property is subject to the terms of the Planned Development (PD) (CUP-01-009) approved in 2001 for Treasure Valley Technical Center; the PD included a larger 33+/- acre property of which this property is a part. The PD allowed professional and sales offices, a daycare center, and community and neighborhood shopping center (i.e. retail) with approval of a conditional use permit, along with any allowed uses in the I-L zoning district; a conceptual development plan was included in the PD as shown in Exhibit C. The Applicant requests the terms of the PD to no longer apply to this property as a provision of the subject rezone application. At the direction of the City Attorney, Staff has included a provision in the Development Agreement for the terms of the PD to no longer apply as requested, rather than modifying the PD. (The entire PD approval can be viewed at: http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=45240&dbid=0 ) City services (i.e. sewer & water service, police & fire protection) are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building in accord with Comprehensive Plan goal #6.02.00, “Ensure that adequate public services are provided for existing and future residents and businesses.” There is an existing full access for this site via S. Tech Lane, a private local street; and an existing full access via W. Overland Rd., an arterial street, shared with the property to the east (#S1213438401, Intermountain Pet Hospital). The ingress access to this site via Overland is located on the adjacent property to the east, while their egress is located on this property; this is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress/egress easement currently in place. Note: There is a an existing cross-access easement (#2018-039112, #2018-039159) recorded between this property and the adjacent property to the east (#S1213438401); however, it’s conditioned upon the adjacent property granting a reciprocal cross-access easement to the subject property (which hasn’t been done) and does not include the east/west cross-access driveway further to the north that is depicted on the site plan submitted with the Certificate of Zoning Compliance for the parking lot reconfiguration. The current configuration of the access via Overland Rd. and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland Rd. and circulation between both properties with a new cross- access driveway further to the north between the two properties. As part of the Certificate of Zoning Compliance approval for that project (#A-2018-0296, Intermountain Pet Hospital Parking Lot Expansion), the property owner was required to record a reciprocal cross-access/ingress-egress easement with the subject property owner. The UDC (11-3A-3) requires access to be taken from a local street when available and restricts access to collector and arterial streets; this standard applies when there is a new, expanded, or extended use or development of the property such as this where the zoning/use is changing from industrial to a more intense commercial zoning/use. Because this site has access via a local street (i.e. S. Tech Ln.), access would typically be restricted to that access and access via the arterial street (i.e. Overland Rd.) would be terminated, unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Rd., if the Applicant wishes to retain the access via Overland, staff recommends a reciprocal cross-access/ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when Page 4 access via a local street isn’t available; and Comprehensive Plan action item #3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.”. In industrial districts, a minimum of one off-street parking space is required for every 2,000 square feet of gross floor area compared to one space for every 500 square feet in commercial districts, per UDC 11-3C-6B. A total of 222 off-street parking spaces currently exist on this site; however, the eastern portion of the parking lot is proposed to be reconfigured through a separate Certificate of Zoning Compliance application that is currently in process which will result in a reduction in parking to 215 spaces. Based on the square footage of the building (i.e. 106,000 square feet), a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards although Staff is concerned there will be adequate parking for the use(s); the Applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided. Street buffers, landscaping and sidewalks exist on this site along W. Overland Rd. and S. Tech Ln. in accord with UDC Table 11-2B-3 and 11-3A-17, and Comprehensive Plan action item #3.06.02F, which requires appropriate landscaping and buffers along transportation corridors. There are two (2) existing loading docks/areas, one on the west and one on the east end of the building, facing W. Overland Rd. that the applicant wishes to continue using. Current design standards do not allow loading docks/areas to face an arterial street (i.e. Overland Rd.). However, because the loading docks/areas were lawfully constructed at the time, they are considered a nonconforming use and are allowed to remain and be used subject to the standards listed in UDC 11- 1B-4, Nonconforming Use. The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. VI. DECISION Staff recommends approval of the proposed rezone application with the requirement of a Development Agreement in accord with the Findings in Section IX per the provisions in Section VIII. Page 5 VII. EXHIBITS A. Legal Description & Exhibit Map Page 6 Page 7 B. ALTA-NSPS Land Title Survey Page 8 Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP-01- 009) Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants shall first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building. b. The subject property is no longer subject to the conditions of the previously approved Planned Development for this site (CUP-01-009, Treasure Valley Technical Center). c. The loading docks/areas on the east and west ends of the structure are considered a nonconforming use; as such, they’re allowed to remain and be used subject to the standards listed in UDC 11-1B-4, Nonconforming Use. d. A reciprocal cross-access/ingress-egress easement shall be recorded with the adjacent property to the east (#S1213438401, Intermountain Pet Hospital) prior to rezone ordinance approval for shared access of the existing driveway via W. Overland Rd. in accord with UDC 11-3A-3A.2. 2. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155933&dbid=0 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156213/Page1.aspx 4. NAMPA & MERIDIAN IRRIGATION DISTRICT NMID will not require a Land Use Change Application be filed for review nor have any further comments on this application – per Greg Curtis’ email on October 15, 2018 Page 10 IX. FINDINGS 1. REZONE (UDC 11-5B-3E) 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; Staff finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See section V above for more information.) 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-G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. 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). This finding is not applicable as the request is for a rezone, not annexation.