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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 7/5/2006 Mayor & City Council Caleb Hood, Current Planning Manager Hastings Rezone · RZ-06-003 · V AC-06-006 Vacation of Public Utilities, Irrigation and Lot Drainage Easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12, by Monterey, LLC 1, SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Monterey, LLC, has applied for a Rezone (RZ) of 3.13 acres from R-4 to L-O (Limited Office). The applicant is requesting the subject property be rezoned so that the zoning of this property will match the future land uses (this area was approved for office uses as part of the Lochsa Falls PUD in 2002). The applicant is also requesting that the existing public utilities, irrigation and lot drainage easements on both sides of the lot lines common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 be vacated. The applicant intends to construct a building across said lot lines. The site is comprised of two recorded lots in Lochsa Falls Subdivision No. 12, which is located on the south side of Chinden Boulevard and on the east side of Long Lake Way in Section 26, Township 4 North, Range 1 West. This site is currently vacant. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. According to the UDC, the Planning & Zoning Commission does not need to make a recommendation to the Council on the vacation application. However, because the subject applications are on the same property, staffhas combined the analysis into one report. The City Council is the final decision making body on the Rezone and the Vacation applications. The Commission should make recommendation to the Council on the rezone request only, RZ-06-003. Staff recommends approval of RZ-06~003 and V AC-06-006 as presented in the staff report for the hearing date of May 18. 2006 based on the Findings of Fact as listed in Exhibit C. Staffhas included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. The Meridian Plannine: and Zonine: Commission heard the item on May 18th, 2006. At the public hearine: they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Nate Hosac 11. In opposition: None 111. Commenting: None IV. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Sidewalk requirement on the south side of this property, along the north side of Everest Lane (a private street). Hastings Rezone - RZ-06-003/V AC-06-006 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006 c. Key Commission Changes to Staff Recommendation: i. Accepted the applicant's willingness to construct a 5~foot wide sidewalk on the south side of the property (see Exhibit A, Comment 1.3) d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval I move to approve File Numbers RZ~06.003 and V AC~06~006 as presented in the staff report for the hearing date of July 5,2006, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Numbers RZ-06-003 and V AC-06-006 as presented during the hearing on July 5, 2006, for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Numbers RZ-06-003 andlor V AC-06-006 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2300 W. Everest Lane; South side of Chinden Boulevard, east of Long Lake Way in Section 26, Township 4 North, Range I West. b. Owner/Applicant: Monterey, LLC 10221 W. Emerald Street, Ste. 100 Boise, ill 83704 c. Representative: Gene Smith, Engineering Northwest d. Present Zoning: R-4 (Medium Low~Density Residential) e. Present Comprehensive Plan Designation: Mixed Use - Community f. Description of Applicant's Request: The applicant is requesting approval to rezone 3.13 acres of property currently zoned R-4 to L-O. The subject property was previously approved for office uses as part of the Lochsa Falls Planned Unit Development and the 20% land use exception. The applicant is proposing to rezone the subject property so that zoning will match the future office uses on this site. Subsequent to the rezone being approved, the applicant intends to construct eight single-story office buildings on this site. One of those office buildings is planned to be located on the lot lines between Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12. There is a platted utility, drainage and irrigation easement on both sides of the lot line common to Lots 46 and 47 that is also proposed to be vacated concurrent to the rezone request. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 1I-5B- 3, a public hearing is required before the City Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 Council on this matter. b. Newspaper notifications published on: May 1 st and May 15th, 2006 (for Planning & Zoning Commission hearing) and June 1ih and 26th, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: April 21 s\ 2006 (for Planning & Zoning Commission hearing) and June 9th, 2006 (for City Council hearing) d. Applicant posted notice on site by: May 8th, 2006 (for Planning & Zoning Commission hearing) and June 25th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: The area along this portion of Everest Lane (private lane) is developing with office uses. Residential uses to the south and east of the site are rapidly being constructed. c. Adjacent Land Use and Zoning 1. North: Vacant, zoned RUT in Ada County 2. East: Vacant, zoned R-4 (future office), Lochsa Falls Subdivision. 3. South: Residential, zoned R-4, Lochsa Falls Subdivision 4. West: Future School site in Silver Leaf Subdivision, zoned R-4 d. History of Previous Actions: In 2002 a 354 acre 870 lot subdivision and annexation request for Lochsa Falls Subdivision was approved by the City. A Planned Development Site Specific condition of approval requires all future uses within the office phases of this development to obtain CUP approval. Earlier this year, the Commission approved CUP-06- 008, a detailed CUP request for two office buildings on this site. e. Existing Constraints and Opportunities I. Public Works Location of sewer: Lochsa Falls Subdivision. Everest Lane Location of water: Lochsa Falls Subdivision. Everest Lane Issues or concerns: None. 2. Vegetation: Existing landscaping along Long Lake Way and Chinden Boulevard 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: L-O 8. Size of Property: 3.13 acres f. Proposed and Required Non-Residential Setbacks: per the L-O zone L-O Standard Front Side 20 feet 10 feet Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 Rear Max. Building Height Min. Lot Size 20 feet 35 feet None Min. Street Frontage None g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from existing curb cuts on Everest Lane, a private access street. No access to Long Lake Way or Chinden Boulevard should be allowed to this site. 7. COMMENTS MEETING On April 28, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Mixed Use - Community", and it is currently zoned R-4. In Chapter VII of the Comprehensive Plan, this designation is defmed in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-C has an upper limit on the square footage of non- residential uses and is intended to allow a focused range of uses in close proximity of residential uses. Staff recommends that the Commission and Council rely on any yerbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff'analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant will be required to construct landscaping which complies with the Unified Development Code, when the future office buildings are constructed. . "Permit new . . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian 's sanitary sewer and water systems. Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 1I-2B-21ists office as a permitted uses in the L-O zone. The Planned Development allowed for office uses in the RA zone as of the 2002 approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because City staff requested that they rezone to clean-up the property. The applicant is currently entitled to office uses on this site, subject to Conditional Use Permit approval. Staff recommends that this property be zoned to L-O to reflect the future land uses. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed zoning with the UDC, staff believes that the rezoning of this site to L-O is in the best interest ofthe City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on March 15, 2006 by James R. Washburn, PLS) shows the property within the existing corporate boundary of the City of Meridian. All future re-development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development, and the Development Agreement in effect for this site. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. V ACA TION ANALYSIS The applicant has provided notarized consent to vacate from all of the major utilities including: Idaho Power Company, Qwest, Intermountain Gas, Cable One and Settlers' Irrigation District. The Meridian Public Works Department also consents to the requested vacation of the public utilities, drainage and irrigation easement along both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12. NOTE: There are no required findings for a vacation application. b. Staff Recommendation: Staff recommends approval of RZ-06-003 and V AC-06-006 as presented in the staff report for the hearing date of May 18, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) On Mav 18. 2006 the Plannine: & Zonine: Commission voted to recommend aoproval of the subiect rezone aDPlication with the Comments listed in Exhibit A. NOTE: Because vacations do not require Commission action, the Plannine & Zonine: Commission did not hear. and therefore did not make a recommendation to the Council on V AC-06-006. 11. EXHffiITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 D. Easement to be Vacated Hastings Rezone - RZ-06-003/V AC-06-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TilE HEARING DATE OF JULY 5. 2006 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by James R. Washburn, PLS, dated March 15, 2006 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 8taff reeoffimli!lRds that sidewalk be 60Fl5trueted The aoolicaot has al!reed to construct a five foot wide sidewalk on the southern five feet of the subiect property, on the north side of Everest Lane, as none currently exists. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently has sewer and water mains installed along its frontage. Public Works has no concerns with the rezone or vacation applications. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006 B. Legal Description Engineering North West, UC 423 N. Anl::I;&lQf PUu. Suire 180 Boist:, Idaho 83704 (208) 376-.5000 . Fax (208) 376.5556 Pn:ijcet No, 05-05S-01 Date: March 15,2006 LOCHSA F AU..s SUBDIVISION NO. 12 LOTS 46 AND 47, BLOCK 49 REZONE DESCRIPTION A parcel ofJaud being Lots 46 and 47, Block 49 ofLochsa Falls Subdivision No. 12, as same is shown on the PIal thereof rerorded in Book 92 of Plats at Page 10958 of Ada County Records, located in the NW 1I4 orlbe NE 1/4 of See lion 26. T. 4 N., R. I W., B.M., Meridian. Ada County, Idaho, more particularly described as follOws: Commencing al the section coma common to Sections 23, 24. 25 and 26 of said T. 4 N., R. I W.; Thcru:e North 8!P3S';ZO" West. 2630.00 fool on the section line cammon to said Sections 23 and 26 to the 114 section corner common to Did Sections 23 and 26: Thence reversing direction. South 89"38'20" But, 199.79 feet; l1umce leaving said &ection line South QO<'21' 40" West, 105.00 feet to the riOrthwest comer of Lot 47, Block 49 of said Lochsa Falls Subdivision No.. 12, said point being the REAL POINT OF BEGINNING; Thence South 890)8'20" East. 440.00 feet on the nortbcrly lot line of said LoIs 47 and 46 to the northerrly lot comer common to u,ts 45 and 46, Block. 49 of said Subdivision; Thence South 00"21'40" West, 310;13 feet on the lot line commoo to Raid Lots 45 and 46 to the fIOUtherly lot corner I:XHIUIIM to said Lots 45 artd 46; Tbencc North 89"38'20" West, 440.00 felrt on the southerly lot line of said Lots 46 and 47 to the lOuthwest comer of said Lot 47; Thence North 00"21'40" East. 310.13 feet on the westerly lot line of said Lot 47 to Ihe r=I point. of beginning. Said parcel contains 3.13 acres more or leas. PREPARED BY: . EagiDeertal NorthWest,. LW .... R~ APPR9""t. ~" .___. I f.,\"- BV ...c..-~~ HooIiIIfI- R...2moo 0....400 .:. _ ,'IOi"N pUBLIC James R. WaabbllJ'G. 'IBJ'!Kf, nEf'T, ~lol' Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5. 2006 ..,. It:l (-l (-l vi u:! ~ ~ vi vl avo~ ~30NI1 "N .~ ~ cti ffi ~ 0 z s: ~Ii!: u ~. I @ I~~ I (,)1 ;1 g;g5 ;a~ ~~ (:) -I z ~ en Z w ~ l:l::: ~: z I u ~~~ G }oJ .....,..'''''.'' ----, -< ~i ~- ~~ ..-~--- ~ (fl w I<) f1l OJ .... <( ...; ~~ 111 b =~D&; t- ~ itf z Sij C5 t @ is 0. ~ ~ 8 <;! ..Jr.: \\1..:. :';,Lt.J l'. I~: II :!- ~~ ~ ~ ~ tIi U; Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 18.2006 C. Required Findings from Zoning Ordinance 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 an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to L-O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that professional and personal services (offices) are permitted within the requested zoning district of L.a. Staff finds that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in aD adverse impactupoD the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council [rods 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. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF MAY 18,2006 D. Easement to be Vacated LOCHSA FALLS SUBDIVISION NO. 12 LOTS 48 & 47, BLOCK 49 PUBLIC UTILITIES EASEMENT VACATION SCALE: 1" = 100' s a9'38'~".l 220.00' . Ii - BLOCK ~l, 81 I"} w j 5' 'IlIOl; PUSUC ullUTlU ~ I E...SE>>EIoI T Tt'i BCW;C;( lID g'l @ zll b--- N 89'38'iQ-"w 220~OO' W. EVEREST LANE Exhibit D S 89'J8'2C!. L220.00' ----)l -1.9 ~I I 5' I. I~ 118 I") i~ ~~ II~ lit/) --__JJ .~ @ N 89'Ja'W'" W 220.00' (PRIVATE ROAD) "'..........~-----------....,........_, (~-> \:r--.:?)