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HomeMy WebLinkAboutLanark Rezone RZ-06-010 RECEIVED DEe 0 7 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER otfe;;ditf"~\ \ 1I),\IiO 11 v :r ~~, - ~ ~.t , o..L....., '. l!.I.",,,,,,... "l}~ ~- (tm In the Matter of Rezoning of 2.20 acres from I-L to C-G for Lots 1 & 2, Block 1, of the Olson & Bush Industrial Park, Phase 1, by Ron Van Auker Case No(s). RZ-06-010 For the City Council Hearing Date of: November 28, 2006 (Findings on the December 12, 2006, Council agenda) A. Findings of Fact 1. Hearing Facts (See attached Staff Rcport for thc hcaring datc of November 28, 2006, incorporated by reference.) 2. Process Facts (See attached Staff Report for the hearing date of November 28, 2006, incorporated by reference.) 3. Application and Property Facts (See attached Staff Report for the hearing date of November 28,2006, incorporated by reference.) 4. Required Findings per the Unificd Dcvelopment Code (see attached Staff Report for the hearing date of November 28,2006, incorporated by reference.) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codificd at Titlc 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-01O 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement Provisions listed in the attached Staff Report for the hearing date of November 28,2006, incorporated by reference. The Provisions are concluded to be reasonable and the applicant shall meet such requirements as approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that the Applicant's request for rezoning is approved subject to the provisions listed in the attached Staff Report for the hearing date of November 28, 2006, incorporated by reference, with the following modifications made at the City Council hearing on November 28, 2006: 1. That the applicant install a 5-foot landscaping buffer along the west property boundary. 2. Cross-access between the subject property and the property to the west is not required. D. Attached: Staff Report for the hearing date of November 28,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-01O By action of the City Council at its regular meeting held on the & U ,2006. arn-- I,..; /Z-fh. COUNCIL MEMBER SHAUN WARDLE VOTED$a.- VOTED ~ VOTED~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMYdeWEERD VOTED ATTEST: ""J;}y ~i:\:):>"MA~0RI I de WEERD :'~';~/._~' ,..:.~....\\' (ff &i~,. ~r ~. ,1/<.I~ J ....'- ,.,,<>4. .._._.,,.,If - '<" '" A' ,r""~ " "-.. ""'fA. ',' ~ V 'jfr ~.fl}J\)f~'11:..... ~y ~ g .,' (~~~ - - = "= CL;RK 8~llL = ~ ~ ~') ,? % "'("')~~r 15\ ,'" ..f .,::..~- ~.". ~--"".--_/ .J..')'" .....:..~ "'... n..., ~ ., //11 ~ /iN-r{, ,.:.'~ / A I' II,". \". \/ pp lcant 1111/1", I! 11\\\ . ./ Planning Department ../ Public Works Department ../ City Attorney Copy served upon: BY~~1\lliY 1 Y Clerk's Office Dated: '2' 20-0LD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). RZ-06-010 day of CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 STAFF REPORT TO: FROM: Hearing Date: 11/28/2006 Mayor & City Council Amanda Hess, Associate City Planner 884-5533 J c::M'o;;di~ \ \ ;A IL>AHO ! ~. -" ~ ) I1!!~!!l,,!~!:,j'_'T= SUBJECT: Lanark Rezone . RZ-06-010 Rezone of 2.20 Acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ron Van Auker, has applied for a Rezone (RZ) of 2.20 acres from I.L (Light Industrial) to C-G (General Retail and Service Commercial). The Applicant intends to construct office and retail uses on this site that are not allowed within the Light Industrial zone. The subject property is located at the n011hwest corner of East Lanark Street and Eagle Road in Section 8, Township 3 N011h, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Numbers R6510580012 and R6510580020. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. This site, Lots I & 2, Block 1, of the Olson & Bush Industrial Park, Phase 1, is currently vacant. The other lots within the Olson & Bush Industrial Park, Phase 1. have been fully developedlbuilt-out. Lot 1, Block 1, of the subject site, has direct frontage on Eagle Road and E. Lanark Street. Lot 2 also fronts E. Lanark Street. The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. As the subject property also lies within an entryway corridor, the applicant will also he required to suhmit for Design Review of the proposed structure. The proposed zoning amendment (RZ) is not consistent with the 2002 Comprehemdve Plan Future I ,and Use Map, which deems the appropriate land uses for this site, "Industrial." Despite the Comprehensive Plan Land Use Map designation of "Industrial" for this area, the applicant's request to rezone the property to C-G is generally compatible with the surrounding land uses, as there is extensive commercial development along Eagle Road including, but not limited to, the big box retail furniture store located directly east of the site. 2. SUMMARY RECOMMENDATION While the Comprehensive Plan Zoning Map's designation for the subject property is Industrial, staff believes that the policies of the Comprehensive Plan and the existing conditions in this area support the proposed zoning amendment. Therefore, Staff recommends approval of RZ-06-01O, as presented in the staff report for the hearing date of November 2, 2006, based on the Findings of Fact as listed in Exhibit D and subject to the Conditions of Approval outlined in Exhibit B. The Meridian Planninu: and Zoninu: Commission heard this item on November 2. 2006. At the public hearinu:. they moved to recommend approval. a. Summarv of Commission Public Hearing: i. In Favor: Brad Miller 11- In Opposition: None Lanark Rezone - RZ-06-0 1 0 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 iii. Conunenting: None IV. Written Testimonv: Ron Van Auker (Aoolicant) v. Staff Presenting Application: Amanda Hess vi. Other Staff Conunenting on Application: Caleb Hood, Mike Cole b. Kev Issues of Discussion by Commission: i. The vacation of a public utilities / drainage / irrigation easement which spans the prooertv line common to Lots 1 & 2: 11. The Applicant's request to postpone installation of sidewalk along Eagle Road until such time that ITD widens Eagle Road - timing of Eagle Road widening in this area: 111. The Applicant's request to eliminate the Desil!ll Review requirement to install the 8-foot pedestrian walkway from the perimeter sidewalk to the buildinll entrance: and IV. The Applicant's request to install a 5-foot wide land use buffer (between I-L zoned property and proposed C-G zoned property) on the western property boundary, where staff has requested 10 feet. e. Key Commission Changes to Staff Recommendation: i. Elimination of sidewalk along the western side of the proposed structure. d. Outstanding Issues for Citv Council: i. Commission did not amend the proposed Development Agreement provisions listed in Section 10 of the staff report to include the Staff-requested requirement that the applicant vacate the utilities / drainage / irrigation easement. prior to submittal ofthe Certificate of Zoning Compliance (CZC). 11. Staff has received confirmation that ITD does not have imminent pJ@::;Jor expansion / improvements of Eagle Road between Fairview Avenue and Franklin Road (it is currently not a funded project). ITD's future concept plan for this section does show a lO-foot wide pedestrian path along Eagle Road to be constructed either within or outside of the right-of-way (within the City's landscaoe buffer). ITD's future plan is to install the oath adiacent to older projects where the City did not require said installation ori~inally. However, ITD is looking for the City to provide pedestrian walkways with all new development applications along the corridor, in anticipation of these walkways being connected when Eagle Road is improved someday. 9n I\o\'ember 28. 2r~06, (:it, COllndl approyc([ rhe suhiecr applicaHou, a. Summarv of Citv Council Public Hearinll: 1. In favor: Brad Miller ii. In opposition: ~ 111. Commentimr: None IV. Written testimonv: Brad Miller v. Staff oresentinQ: aoplication~ Anna Borchers CanninQ: vi. Other staff commentinll on aoolication~_Non.~ b. Key Issues of Discussion by CQ1lllciL i. The Aoplicant's reauest to postpone)nstallation q.f sidewalk alon!! Ea!!le Road untit~.uc4 time that ITD widens Eal!le Road and the unceliainty of the timinl! of EaQ:le Rillld:w.ideninl! for the area: 11. The AoolicanCLI.~auest to eliminate cross-access between the subject property and the property to the west, zoned I~L~ 111. Thc Applicant's reauest t9 install,,_f!. ~-foot wide land use buffer (between I-L ZIDNd-1Jropertv and proposed C-G zoned propertv) on the western orooertv boundary. where staff has reaue.st~dlQfut Lanark Rezone - RZ-06.0 1 0 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 c. Kev CillUlciLChanlles to Commission Recommendation;" i. That the annlicant install a 5-foot landscaninp' h\.l.ffer alonl! the west orooertv boundarv.. 11. Cross-access between the subi eC(,Qrooertv and j:he nrooertv to the west is not reauired. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-010 as presented in the statl report for the hearing date of November 28, 2006, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend deny File Number RZ-06-01O as presented during the hearing on November 28, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3180 E. Lanark Street Lots 1 & 2, Block 1, Olson & Hush Industrial Park Section 8, T3N, RlE b. Owner / Applicant: Ronald Van Auker 3084 E. Lanark Street Meridian, ill ~3642 c. Architect: Cornel Larson, Larson Architects d. Present Zoning: I-L e. Present Comprehensive Plan Designation: Industrial f. Applicant's Statement/Justification: The applicant is requesting rezoning so the proposed on-site development of retail and office uses can be supported by the appropriate zoning designation of "Commercial." The zoning amendment will be hannonious with the adjacent commercial development along Eagle Road which has already, or is anticipated to develop. The two-story building will feature a single retail use on the ground floor with multiple office spaces to be located on the second floor. The project will provide landscaping in accordance with the UDC. The fas;ade of the structure will be composed of stucco and stone in earth tones. The building will also feature tension canopies at the retail windows. Lanark Rezone - RZ-06-0 1 0 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as detennined by City Ordinance. By reason of the provisions of UDC ll-5A-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 16 & October 3U, 2UU6 (P & Z Commission); November 6 & November 20,2006 (City Council) c. Radius notices mailed to properties within 300 feet on: October 6, 2006 (P & Z Commission); November 3,2006 (City Council) d. Applicant posted notice on site by: October 23,2006 (P & Z Commission); November 18, 2006 (City Council) 6. LAND USE a. Existing Land U see s) : Vacant b. Description of Character of Surrounding Area: Commercial, Industrial Uses, & Office Uses c. Adjacent Land Use and Zoning 1. North: Union Pacific Railroad, zoned I-L 2. East: Willey Subdivision, zoned C-G 3. South: Olson & Bush Industrial Park, zoned I-L 4. West: Olson & Bush Industrial Park, zoned I-L d. History of Previous Actions: Olson & Bush Industrial Park NO.1 was granted annexation I zoning I plat approval back in the late 1980's. Staff does not have documentation pertaining to this. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is available in Lanark. Location of water: Water is available in Lanark. Issues or concerns: No concerns. 2. Vegetation: NI A 3. Floodplain: N/A 4. CanalslDitches Irrigation: A large ditch runs along the eastem and northern boundaries of this site. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 2.20 acres Lanark Rezone - RZ-06-0 1 0 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28.2006 f. Sununary of Proposed Streets and/or Access: The subject property will be directly accessed via E. Lanark Street. No new accesses are proposed with the application to Eagle Road. Direct lot access to Eagle Road should be prohibited. Any new access point to Lanark Street must be approved by ACHD. 7. COMMENTS MEETING On October 13, 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 ineluded 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 subject property is designated on the Comprehensive Plan Future Land Use Map as "Industria1." The Comprehensive Plan defmes the Industrial district as: "Areas designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage unites, light manufacturing, and incidental retail and office uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, standards for scrccning, landscaping, and adequate access would be developed and implemented." Although this designation is not consistent with the proposed G-G (General Retail and Service Commercial) zone, staff fmds that there is a strong argument for saying that the policies set forth in the comprehensive plan do SUPPOlt a commercial use on this site. A key component of this arguIIll;;ut is tht: relative flexibility of Meridian's Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Furthermore, in Chapter VII, Section C - "Future Conditions" states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map_" While the proposed zone does not explicitly comply with the Comprehensive Plan Land Use Map, staff, upon further analysis, tinds that it would be acceptable to extend the "Commercial" designation to this property as the proposed zone does fit with the development patterns ofthe surrounding area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): . Chapter VII, Goal IV, Objective D, Action 7 - Encourage "...high density development along major transportation corridors..." The subject property has frontage on SH 55 / Eagle Road, a principal arterial roadway. This proposed commercial and office development will complement adjacent commercial uses, Lanark Rezone - RZ-06.0 1 0 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 · Chapter VII, Goal IV, Objective D, Action 5 - "Require appropriate landscape and buffers along transportation corridors..." At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to provide landscaping per the UDC standards including. but not limited to, within the parking area, the buffering adjacent to Eagle Road and Lanark Street. · Chapter VII, Goal IV, Objective D, Action 4 - "Integrate pathway I bikeway plans to ensure appropriate access along the right-of-way." Per the UDC standards, Staff will require the applicant to provide a ten-foot wide detached sidewalk along Eagle Road and attached sidewalk on Lanark Street at the time of submittal fur u Certificate of Zoning Compliance. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B.2 lists the pennitted, accessory, and conditional uses in the C-G zoning district. Retail stmes, offices USt:s, ami st:rvict:-based industries are either principally or conditionally pennitted uses within the C.G zone. b. Purpose Statement of Zone: The purpose of the C01llinerciai 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 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 REZONING ANALYSIS: Bast:d un tht: cumpliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from I-L to C-G is justifiable. PleaRe Ree Exhibit D for detailed analysis of the required facts and fmdings for rezoning. The legal description for rezoning submitted with the application (prepared on August 8, 2006, by Todd R. Waite, PLS) shows the property within the existing cotporate boundary of the City of Meridian_ A Development Agreement (DA) will be required as part of rezoning of this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate tbis process. The DA shall include, at minimum, the following: . 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. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, as well as any requirements of this site associated with armexation and platting of the Olson & Bush Industrial Park. · The applicant shall be responsible for all costs associated with sewer and water service installation. Lanark Rezone - RZ-06-0 1 0 PAGE 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 · The following shall be the allowed uses on this property: Pennitted and accessory uses within the C.G zone_ All conditionally pennitted uses in said zone shall be subject to CUP approval. · The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) pennit from the Planning Department is prior to and construction on the subject site. The applicant shall also submit a Design Review application to the Planning Department concurrent with the CZC application for the proposed structure. · The applicant shall bc allowed to construct only one driveway access to E. Lanark Street, location to be approved by the Ada county Highway District (ACHD). · The applicant shall construct. at minimum, a 5-foot 1 Q :€IHlt landscape buffer in accordance with UDC policies to be located along the westernmost property bonndary. The applicant shall also construct, at minimum, a 35-foot wide landscape buffer along Eagle Road. · The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. - The ftppli.1Hlni i!hdl pl'lil':ille eFll88 ael1l11l88 t€l the pt'-6pel'ly tll the west, stR8F\':i88 lEIl8wH. as ABBIilBB@r'g P8fllllll'TuID.8@rRMIQ5eQQJQ, all prfl}il€JB88. · The applicant shall install sidewalks around the structure, as proposed excludinl! the west side of the buildinl!. an 8-foot wide pedestrian pathway from the perimeter sidewalk to the proposed building entrance, and a to-foot wide walkway along Eagle Road. 1. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submitted with the rezone application, with the following conunents: 2. Access: There are two proposed access points to the subject site. Both are full access driveways from E. Lanark Street located at the south property line. Staff is supportive of one access to E. Lanark Street. Staff has concerns about possible traffic conflicts with two drive accesses in such close proximity to Eagle Road. Staff also believes that the proposed cross access to the adjacent lot eliminates the need for multiple driveways to Lanark. 3. Landscaping: The applicant has not provided a landscape plan for review at the rezoning stage. However, Staff will require the applicant to provide landscaping per the UDC standards including, but not limited to, within the parking area, and the buffering adjacent to Eagle Road and Lanark Street. Per UDC 11-3B-9B, all developing industrial lands must provide a landscape buffer along any boundary adjacent to conunercial and residential districts. The industrial property to the west has been considered existing for years and, for that reason, Staff believes should not be required to bear the responsibility to install the buffer. Staff does believe that, although not required by Ordinance, a minimum IO-foot wide landscape buffer is warranted between the subject commercial property and the lot to the west, and said buffer should be installed by the applicant. 4. Parking: The applicant's concept plan proposes 76 parking stalls. Only 25 parking stalls are required by Ordinance. UDC Table 11-3C-l requires 90-degree parking stalls to be 19-feet long, adjacent to 25-foot wide drive aisles. UDC 11-3C-5B-4 allows parking stall dimensions to be reduced by 2 feet in length if 2 feet is added to the width of adjacent sidewalk or landscape area. Compact stalls may be reduced in depth by an additional two feet. UDC 11-3A-17A rcquircs all sidewalks to be at least 5-feet wide. 5. Design Review Standards: Eagle Road is designated as an entryway corridor. UDC 11-3A- 19D5 requires all structures on property adjacent to an entryway corridor to obtain administrative design review approval. All future building(s) on this site will be subject to design review. Staff is supportive of the conceptual elevation for the front fac;:ade, which is to Lanark Rezone - RZ-06-0 1 0 PAGE 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 face Eagle Road. However, the north and south fa(jlades of the proposed structure will also be highly visihle from Eagle Road, and Staff will require elevations for these at the time of administrative design review. A. Architectural Character: i. Facades: Facades visible from a public street shall incorporate modulations in the fa(jlade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. 11. Primary public entrance(s): The primary building entrance(s) shall be clearly defmed by the architectural design of the building. Windows, awnings, or arcades shall tutal a minimum of thirty percent (30%) of the facade length facing a public street. 111. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. iv. Pattern variations: At least two changt:s in one or a combination of the following shall be incorporated into the building design: color, texture, and I or materials. v. Mechanical equipment: All ground-level and rooftop mechanical equipment shall he screened to the height of the unit as viewed from the property line. B. Color and Materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. C. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fac;ade of the stmcture and abutting streets, unless the principal building(s) and I or parking is I are screened from view by other structures, landscaping and/or berms. D. Pedestrian Walkways: i. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. ii. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 111. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. lV. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty of all customer entrances. 6. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pennit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC Ilw5B-IA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to building construction, where all site and landscaping improvements must be installed prior to occupancy. b. Staff Recommendation: While Staff is supportive of rezoning without securing a Comprehensive Plan Amendment in this instance, Staff fmds that such unconventional interpretation of the Lanark Rezone - RZ-06-0 1 0 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOYEMBER28, 2006 Comprehensive Plan policies is only appropriate in very limited cases. For example, in the subject case where only a minor extension of the zoning boundaries, or "bump," for a small, immediately adjacent property. And where due consideration of the neighbors and the compatibility of surrounding land uses should be taken into account. Staff believes that the proposed zoning amendment will be hannonious with other adjacent properties along Eagle Road in this area which have already, or are anticipated to develop with uses allowed in the C-G zone. And, based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject property from I-L to C-G is warranted. Therefore, Staff recommends approval of the proposal (RZ-06-010) subject to the conditions listed in Exhibit B. On November 2. 2006. the Meridian Plannin!! and Zonin!! Commission voted to recommend approval of the subiect application. On November 28, 21)06. Citv Council annroved the subiect annlication. 11. EXHmITS A. Drawings 1. Vicinity I Zoning Map 2. Conceptual Site Plan 3. Conceptual Building Elevations B. Agency Conunents 1. Planning Department 2. Fire Department 3. Police Department 4. Parks Department 5. Idaho Power 6. Nampa I Meridian Irrillation District 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Lanark Rezone - RZ-06-0 1 0 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 A Drawings 1. Vicinity / Zoning Map Lanark Rezone Vicinity / Zoning Map o 120 240 ~ - - 480 L"!!!i. 'reet ~ Exhibit A PAGE 10 CITY OF MERlDlAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 '. .,./.I'~~, ...... .'. ., . .. . '<r' . .~.!~. "'.~~~"'''-''''''-'-'~~'~:~.~~~.=-",",_~!''-~,~"~,,.,~..,._.__...__ I ""._ ~,_ , . ' ~'_~1'lI'. <~."" f '. I.' '" . 1 i i . I , I . I . I . I I Ii Ii II Idl L ! It I '. . . I I I , I I I 2. Conceptual Site Plan I I I h';"~Il'r~r"" .... ...' I ~I, -< "i !: I /> i':" "" 'i: 11'" .It? , ';'\ ' Ii I . p-- " . ,--... i----~- 'It ,. t I',! . . I '! t.; t ! i i , . ,,/, !\,;~,\ Exhibit A . i ~.l &1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 3. Conceptual Building Elevations ~ Z 0 - I-- <( .- > UJ ...J W I- a. W U () Z I - -- 0 Ii .. () ~ "- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 PrioJ; to rezone ordinance aonroval. the aonlicant shall enter into a Develooment Agreement that incoTOorates the provisions as listed in Section 10 of the Staff Report. The rezoning legal description submitted with the application (dated August 8, 2006, stamped by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 The applicant should comply with all previous requirements of this site associated with annexation and platting, as well any permits or regulations that may be in effect for the Olson & Bush Industrial Park. 1.3 The applicant should obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction of the building shel1. 1.4 This site is subject to administrative design review approval, as the site is adjacent to Eagle Road, an entryway corridor. Prior to any construction on this site, Design Review and CZC applications should be submitted concurrently to the Planning Department for review and approval. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 All sidewalks/walkways should be installed on the subject site pursuant to DOC 11~3A-17. 1.7 The applicant should comply with the outdoor lighting standards shown in UDC 11- 3A-ll. 1.8 All business signs require a separate sign permit in compliance with the sign ordinance. 1.9 Staff's failure to cite specific ordinance provisions or terms of the Olson & Bush Industrial Park Subdivision does not relieve the applicant of responsibility for compliance. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" outlet face the main strt:t:l or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrant:s :shall bt: plael;: 18" abovl;: finish grade. g. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet ofthe project. 2.3 Commercial and office occupancies will require a fire flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per appendix D. 2.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R- 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m); b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 2.5 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of tire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3. POLICE DEPARTMENT 3.1 'l'he Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPARTMENT 4.1 The Parks Department has no concerns with the site design as submitted with the application. 5. IDAHO POWER 5.1 Idaho Power has sufficient power capacity and will provide electric service to the development, provided the applicant abides by the Rules, Rates, and Regulations as approved by the Idaho Public Utilities Commission, and proper right-of-way can be obtained. 5.2 There is an existing 230kVline on site, so Idaho Power requests a 35-foot setback from the center of the line be a no-building zone. 5.3 The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. 6. NAMPA I MERIDIAN IRRIGATION DISTRICT 6.1 Nampa / Meridian Irrhzation District has no comment. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 The Central District Health Department has no objections to the proposal. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 C. Legal Description claiborn .. WQ!~' consu1tinU engineen . sUrveyOra 120N_ Curtis Road BoiIe. Idaho 83106 (208) 3''''55 P.(208) 42~-9862 P.N.2331 August 8; 2006 LANAIUC STIlDT PJlOPDTY :REZONE DEScRIPTION Lota 1 -2. Block I, oCOl1Oll1IId Buih liMIuItrial Park, aDd a portion oCtile pubUc .roads ~ to Mid Lots lyina in thB Sf;Itt1-at.1I4 oftba lW~ 1/4 of SectionS, T.3N.. llIB., 8.M, Ada Cauoty. Idabo. and bein&more peltiadMy described u tbllow1: ~ at the Southwest ClOI'DII' of said' Lot 2- 'dulnce N 00055'00" B aloDatbe West lWmdary of_ Lot 2lbr a diI&anee of274.96 feet to the Noithweet ooraer oCsaid Lot 2; .' thaIce S W'02"0U' B aao.: the North bouDdIry of saW Olsoa audBuahlndustrial Park fbt a diltDce of32O.00 feet to the But bcJvqd"'Y of IIicI ~ I; theDceSOO-SS'cxr W iloa8 said But hnllftd_ry fur a ctisQmoe of299.99 feet to the ... . 0IdIediae ofLenuk Strtict. '"':,$ >'- th1mc11eaviDa said Eut bouDdIry N '"1"38" W .. the c;eotertiDe ofLauirk.~' fbr a c!iItaDte of32O.00 &at . t' tbeace leavins said ~ N qooSS'OO" B fbr a ttiJbmce of25.00 feet to the POINT '.~ OP BBGINNING: . . C(a.-. 2.20 acres ofJud, more or lesa. slIBUCr to right ofwaya fbc Beale road lIIId LaDark SUeet. P..... by. Todd llWaito P .LS. 0.& JleddiaPlllllil "DIp&. C:Q.- '..... SeIdIlIfItadd......, l)olll6~ 'I)..If\TodlIVAj ~~..". _~ ~l Exhibit C CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 Exhibit C < ,~, ......... .JL, ,,-~~~ T ifT-. < ' " .' , I', ., . ''!Ii ' .t' , ~ . J I ,: : '" , " , !II ..~i'I',n · S"'-'::, .. '!t ... ",.. ~ IIU ""~ "i~iS~ ~ , '~~ it2 ~ ' ti,,8q: 9!~il ~ UJ i ~ ,,' ,,"" '" ~I, ~~ ... l!l ~ ~,~..~ ....-;', 'I". "',~ _ _ "', 'CIH~,e"" '1'" ,,',' .; iji' ". 1,,- ~ ~'" ~ e ",.' 1 ,,' ,''> f': " '1./~:1i ""11:' ", ,I " I ~' i \ ~ ^' 'L ' :,"),; I'>. ... _ ~ ,...<:~/ f1t,g~ ~ <IIA ' "(i\"': ' " "':JIi,i J GO.CDOO.. ~~r"'" .~:,,/> ': ;<, . , . ,,\< { .,"1 ~. '- ^ /;; .Ai I ~ ~I~ I,~ ~I r I I I I I I ;1 JIll. -. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 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 an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject property to C-G. The Council fmds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that retail stores and office uses are permitted within the requested zoning district of C-G. Council believes that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. Further, Council also fmds that the proposed zoning and future uses on this sitc can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The Council does not fmd that the proposed zoning/uses will adversely change the essential character of area. Council finds that the site is large enough to contain the required parking and landscaping. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be rezoned as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Council does not anticipate the proposed rezone and subsequent uses will create exc:essive lraffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on 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 Council 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. Exhibit D