CC - Staff ReportSTAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 4, 2018
TO: Mayor & City Council
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'/ of Section 13, T.3N.,
R.1 W.
CifIEN
DIAN
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
Acreage
Future Land Use Designation
Existing Land Use
Proposed Land Use(s)
Current Zoning
Proposed Zoning
Physical Features (waterways,
hazards, flood plain, hillside)
History (previous approvals)
B. Community Metrics
ACHD report (yes/no)
Requires ACHD
Commission Action
(yes/no)
Access (Arterial/Collectors/State
Details
7.24
Commercial
Retail, office, church
Same
I -L
C -G
Kennedy Lateral runs across frontage of site
CZC-00-012 (Western Electronics); CUP -01-009 (Treasure
Valley Technical Center); A-2018-0089 (Consign)
Details
No
No
Page
Page
One (1) existing access via W. Overland Rd., arterial; and one 1 3
Page 1
Hwy/Local)(Existing and Proposed)
Stub Street/Interconnectivity/Cross
Access
Existing Arterial Sidewalks /
Buffers
Proposed Road Improvements
C. Project Area Maps
Details
(1) existing access via S. Tech Ln., local private
Existing shared driveway access via W. Overland Rd. with the
adjoining property to the east; no cross-access/ingress-egress
easement exists.
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
None
Future Land Use Map
Aerial Map
Page
3
0
LWC
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 (Commission); November 16, 2018
(City Council)
B. Radius notice mailed to properties within 300 feet on: September 21, 2018 (Commission);
November 13, 2018 (City Council)
C. Applicant posted notice on site on: October 6, 2018 (Commission); November 13, 2018 (City
Council
D. Next door posting: September 25, 2018 (Commission); November 13, 2018 (City Council)
E. Neighborhood meeting date and number of attendees: August 28, 2018; 2 attendees
Page 2
►i x_101 yr rR--", U�
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
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. meridianciV. org/WebLink81DocView. 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 (#51213438401); however, it's conditioned upon the adjacent property granting a
reciprocal cross -access easement to the subjectproperty (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.
Page 3
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
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 11-213-3 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
A. Staff:
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.
B. Commission Recommendation to Council
The Meridian Planning & Zoning Commission heard this item on October 18, and
November 1, 2018. At the public hearing, the Commission moved to recommend approval
of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Hethe Clark, Spink Butler (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
Page 4
i. None
c. Key Issues of Discussion by Commission:
i. In favor of the reconfiguration of the access for the site and the adjacent site to the
ML
ii. The loss of industrial zoned property.
d. Commission Change(s) to Staff Recommendation:
i. None
L. Outstanding Issues) for City Council:
i. None
Page 5
VII. EXHIBITS
A. Legal Description & Exhibit Map
•
IDAHO 9955 w Emerald 'St
SURVEY Bake, ID 83704
ISG
ROUP phone: (203) B46.8570
Fax: (208)884-5399
1550 S. Tech Lane
Rezone Description
Atogusf 30, 2018
A parcel of land situated in the Southeast 1,14 of the Southwest 1/4 of Section 13,
Township) 3 North, Range I West, Boise Meridlan, City of Meridian, Ada County, Idaho,
more particularly described as follow.,:
BEGINA11 46 at a Brass Cap marking the Suutb 114 comer of said 5eLtion 13 from which
the West 1/16 tarner of said Sectbn 13 bears North M*35704" west, 1327.84 feet,
thence North 89"35'04" West, 577.78 feet along the South boundary of said
Section 13,;
thence leaving said South boundary, North 00"02`10" gest, 542.66 feet;
thence North 89'51"21" East, 578.55 feet to the East boundary of Southwest 1141
of said Section 13;
thence along said East bouadary, South 00'02147" West, 54a.,31 feet: to the REAL
POINT OF BEGINNING.
Containing 7.24 acres or 315,376 square feet, more or less.
End of Description
Page 6
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Page 8
Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP -01-
009)
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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.oru/WebLink8/DocView.aspx?id=155933 & db id=0
3. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.or2/weblink8/0/doc/156213/Pagel.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 11-511-3E)
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;
The Commission 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;
The Commission 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;
The Commission finds that the proposed zoning amendment should not be
detrimental to the public health, safety, or welfare. 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 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 11-513-3.E).
This finding is not applicable as the request is for a rezone, not annexation.
Page 11