Loading...
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 1177.9� c Jv 1550 S_ TECH LANE f7.24 AC, 1 1 I � 1 trfl I 1/16 c+ _ OVERLAND fib. 13 S 1/4 _Gr .... BASIS OF BEARING N89 -35'04"W 1197 €i4r L F-1 UM E. MTERiQ�fq 9 SURVEY OMA im, FOUR, LLC EXHIBIT CRAWING FOR 1550 S. TECH LANE—REZONE LUG.1E0 IN THE. M 114 OF TFW SYN 114 {IF SECTICiN 1J,. 1,3N. p.7W.. RFI., OTT CF WIRD.., au]A C UN11+, OAHU Page 7 C� In 19-117 UWii. UAIL H{;klf7GOH B. ALTA-NSPS Land Title Survey IUAHU ISURVEY GROUP, LLC TE H L- E E I I- I -H -LT-- L- T1 -TLE Ei L -TE I THE E F THE F E TI T '.Ti I =H HEIE Page 8 Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP -01- 009) Ts OMFAI Taus. iaBir mf... 'J.1% -j . ! M.Y Y J IWILDIN6 di!!A:' IMYea,° v Yaa�l.J. I°rtra. a• JaM11J a+l..,y r, rr,rlaa �r, e.y. r ■Yueu �� ., waw w. PtlfM1eaJ I n.mx,° w waw .r. naYas a.v.�J I kb �. rlw • , rw rJ + S,ANo Ta vulLogµry �eaTia vel i PaieleiN6 gEP+isrvaw.n, pp L>d� A W��' YMY.J w rAi MMeM rYUIN BILA• � MMM VM1Ff M �` MMaM L MI r -'w'° •MI''-'—'- ar ,u !1a .pew Ip11 �.w,a�Irfllea W IM y�M.Me,M�rB' L qw .ta J. Iwn.lpan ]/1! W. rwwu,.rreaal.rra. 1 �M �1 � i.Y... i P�IaerN� P�OvioreO_ i Uf IeY1Y'Ir1Y i o°O,yfllllilll[Illlllllllllillllllfl: Page 9 IIS ) Q__ IIITE O'f VMLOPMBNT PLAN IIS ) 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