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HomeMy WebLinkAboutLochsa Falls Office / Commercial Addition CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 FROM: Sonya Watters Associate City Plarmer Meridian Planning Department 884-5533 ~ U /" wyor f!I..,. ~6 (,l'- ~ \ Bn _ ~aIVED ;.. J ,,).182006 ~'!!t .. City Of Meridian City Clerk Office Lochsa Falls Office/Commercial Addition (Lots 41-45, Block 49, LochSa Falls Sub. 12) . RZ-06-008 STAFF REPORT TO: Hearing Date: January 23,2007 Mayor & City Council SUBJECT: Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12) from R-4 (Medium-low Density Residential District) to C-N (Neighborhood Business District) zone. . MCU-06-002 Modification ofthe Conditional Use Permit approved for Lochsa Falls Subdivision to remove the requirement for detailed conditional use permit approval on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Farwest, LLC, is requesting approval to rezone Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12, from R-4 (Medium-low Density Residential District) to C-N (Neighborhood Business District) so that the zoning will reflect the future commercial uses. Four of the subject lots (Lots 42-45) were conceptually approved in 2002 for office uses and one was conceptually approved for commercial use (Lot 41) through a land use exception under the Planned Development for Lochsa Falls Subdivision. In addition to the rezone application, a modification to one of the conditions within the approved conditional use permit/planned development (CUP-02-0l2) is also being requested to be removed by the applicant. Currently CUP-02-012 requires detailed conditional use permit approval on these lots. The applicant is proposing to remove this requirement for CUP approval. The site is located on the south side of Chin den Boulevard, west ofN. Linder Road. The subject property is within the Urban Service Planning Area and within the current city limits. These lots are within the existing Lochsa Falls Subdivision No. 12 plat. 2. SUMMARY RECOMMENDATION The subject applications (RZ-06-008 and MCU-06-002) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis regarding the requested Rezone and Conditional Use Permit Modification applications below. The Planning & Zoning Commission should make a recommendation to City Council on the requested Rezone and Conditional Use Permit Modification applications. Staff recommends that Lot 41 be rezoned as requested to the C-N zoning designation but that Lots 42-45 be rezoned to L-O for the following reasons: 1.) The Development Agreement approved for this subdivision allows for the construction and development of 11 office buildings and 1 commercial building" (Note: Staff interprets "buildings" to mean "lots") for the commercial portions of the development. Since the C-N zone would allow for office uses as well as restaurant, retail, and a number of other non-office uses, the uses allowed in the C-N zoning designation would not comply with those approved in the Development Agreement. 2.) The Planned Development was approved with office uses on Lots 42-45 and commercial use on Lot 41. Staff has discussed with the applicant the option of applying for a modification to the Development Agreement and Conditional Use Permit/Planned Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGEl CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 Development to change the requirement for" 11 office buildings and 1 commercial building" to "commercial lots," which would comply with the C-N zoning designation; however, the applicant does not wish to do so and would rather pursue the zoning designations as Staff has recommended herein. Staff is recommending approval of a Rezone to C-N on Lot 41 and to L-O on Lots 42-45 instead of the requested overall C-N designation, and approval of the requested Conditional Use Permit Modification to remove the requirement for detailed conditional use permit approval on Lots 41-45. Please see Sections 8 and 9 of the Staff Report for detailed analysis, and the Findings listed in Exhibit D of the Staff Report. The Meridian Plannin!! and Zonin!! Commission heard these items on December 21,2006. At the public hearin!! they moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Brian McColl (Applicant's representative) ii. In opposition: None iii. Commenting: Jay Anderton (Representative of Challen!!er Schools who owns Lots 41 & 42) iv. Staffpresentin!! application: Sonya Watters v. Other staff commentin!! on application: Caleb Hood b. Key Issues of Discussion bv Commission: i. Cross-access to property to the east (Kni2ht Hill Center Sub.) ii. Buildin!! setback from centerline of Chinden Boulevard (135 feet) c. Key Commission Changes to Staff Recommendation: i. Provide cross-access to the property to the east d. Outstandin!! Issue(s) for City Council: i. Buildinl! setback from centerline of Chinden Boulevard (135 feet) (see Exhibit B. condition 1.4) 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-008 and MCU-06-002 as presented in the staff report for the hearing date of January 23,2006, with the following modifications to the conditions of approval: (Add any proposed modifications. ) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 008 and MCU-06-002 as presented during the public hearing on January 23, 2006, for the following reasons: (State specific reasons for denial of the development agreement modification and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-008 & MCU-06-002 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: South side of Chinden Boulevard, approximately 700 feet west of N. Linder Road; Section 26, T4N, Rl W. b. Owner: Lochsa Falls, LLC Lochsa Falls Office Park RZ~06-008 & MCU-06-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 4487 N. Dresden Place, Ste. 102 Garden City, ill 83714 c. Applicant: Farwest, LLC 4487 N. Dresden Place, Ste. 102 Garden City, ill 83714 d. Representative: Justin Martin e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Mixed Use - Community g. Applicant's Statement/Justification: The applicant states that the proposed rezone of the subject lots from RA to C.N zone that were originally approved for commercial office uses with the Planned Development for Lochsa Falls Subdivision will be less confusing for prospective buyers, sellers, and anyone involved in the development of this land and will allow for small-scale retail as well as office uses. The applicant further states that the proposed modification of the conditional use permit/planned development to remove the requirement for detailed conditional use permit approval would reduce the number of unnecessary public hearings for both the Planning Commission and prospective buyers of the subject properties while still allowing for design review by Staff with the Certificate of Zoning Compliance application (please see applicant's submittal letter). 5. PROCESS FACTS a. The subject application will in fact constitute a rezone and modification to the conditional use permit/planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 18 and October 2,2006 (Commission); Januarv 1. 2007 and January 15. 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: September 8, 2006 (Commission); December 29. 2006 (City Council) d. Applicant posted notice on site by: September 25,2006 (Commission); Januarv 8.2007 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant land. 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 west of the site are rapidly being constructed. c. Adjacent Land Use'and Zoning: 1. North: Currently agricultural land, approved Knight Sky Estates Subdivision, zoned R-4, TN-C and c-c. 2. East: Currently agricultural land, approved Knight Hill Subdivision, zoned C-G. 3. South: Single-family residential in Lochsa Falls Subdivision, zoned R-4. 4. West: Future office buildings in Lochsa Falls (Hastings) Subdivision, recently rezoned to L-O. Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 d. History of Previous Actions: - On January 21,2003 the City Council voted to annex this property into the City of Meridian with an R-4 zoning designation (AZ-02-01O). - On January 24, 2003, a Development Agreement (DA) was recorded (Instrument # 103012598) for this property. Section 4, Uses Permitted by this Agreement, of said DA allows the construction and development of 856 single family dwellings, 171 multiple family dwellings, 11 office buildings, 1 commercial buildings, 1 city park, 1 private park, and 1 future fire station lot, consistent with the Preliminary Plat and Conditional Use Permit. (Staff interprets the office & commercial "buildings" to mean "lots ".) - On December 17, 2002, the City Council approved a Preliminary Plat (PP-02-009) for Lochsa Falls Subdivision containing the subject property. - On December 17, 2002 the City Council approved a Conditional Use PermitIPlanned Development (CUP-02-0l2) for Lochsa Falls Subdivision containing the subject property. This allowed for a land use exception under the old Meridian City Code for office and commercial uses in the R-4 zone in certain areas specified on the Planned Development conceptual site plan. Condition of Approval A.3. of CUP-02-012 states: "The office lots in Block 1 and the office/commercial lots in Block 54 shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends each of these two (2) areas be submitted as an overall detailed Planned Development, which upon approval, would allow each individuallotlbuilding to apply directly for a building permit if in conformance with the overall PD concept." The conceptual site plan for this development was approved with office uses on Lots 42R45 and a commercial use on Lot 41. - On September 7, 2004, the City Council approved the fmal plat for Lochsa Falls Subdivision No. 12. (NOTE: The two commercial lots directly to the west of the subject lots, Lots 46 & 47, are also within Lochsa Falls Subdivision and were recently rezoned to L-O as well. Lots 46 and 47 were also re-subdivided, and a Conditional Use Permit (CUP-06-008) was approved for the construction of eight buildings on theses lots consisting of a total of approximately 38,500 square feet of office space.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a sewer main in Everest on the south side of this property. Location of water: There is a water main in Everest on the south side of this property. Issues or concerns: None. 2. Vegetation: N/ A 3. Flood plain: N/A 4. Canals/Ditches/Irrigation: The Simpson Lateral which runs through Lot 43 on this site has been tiled. All other irrigation ditches, laterals and canals that bisect or lie within this site should be covered. 5. Hazards: None Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 6. Proposed Zoning: C-N 7. Size of Property: 8.96 acres f. . Landscaping: 1. Width of street buffer(s): 35-feet along Chinden. This landscaping has already been installed. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: N/ A 4. Other landscaping standards: Other landscaping standards will be evaluated with future CZC applications on this site. g. Summary of Proposed Streets and/or Access: A common area landscape buffer lot separates the subj ect commercial lots from Chinden Boulevard and no direct lot access to Chinden Boulevard is proposed or approved. Access will be provided from existing curb cuts on W. Everest Lane, a private street. 7. COMMENTS MEETING On September 15, 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use Community". In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where illllOvative 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 verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. The following Comprehensive Plan policies apply to this application (staff analysis 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 ofjice/commercial buildings are constructed.. A 35-foot wide landscape bu,ffer has already been installed adjacent to Chinden Boulevard. . "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. Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 . Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. (Chapter VII, Goal I, Objective B, Action item 5) The future officelcommercial uses on these lots will be accessible internally by the residents of Lochsa Falls Subdivision and indirectly by passerbies from Chinden Boulevard. The structures on these lots will be required as a condition of approval on the subject conditional use permit to be compatible in appearance with the surrounding residential properties. Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table ll-2B-2lists several uses as permitted (P) and conditional uses (C) in the C-N & L-O zoning districts. Sample uses in each ofthese districts are as follows: C-N: Animal care facility (P); indoor arts, entertainment or recreation facility (P); building material; garden equipment and supplies (C); church (P); group daycare (P); drinking establishment (C); financial institution (P); private/public education institution (P/C); fuels sales facility (C); health care or social services (P); hotel and motel (P/C); information industry (P); laundromat (P); mortuary (C); nursery or urban farm (C); nursing or residential care facility (C); personal or professional service (P); public or quasi-public use (P); restaurant (P); retail store (P); vehicle washing facility (C); vertically integrated residential project (C); and stealth wireless communication facility (P). L-O: Animal care facility (C); indoor arts, entertainment or recreation facility (C); church (P); daycare center (P); group daycare (P); private/public education institution (P/C); financial institution (P); health care or social services (P); hospital (C); information industry (C); light industry (C); Laundromat (C); multi-family development (C); nursery or urban farm (C); nursing or residential care facility (C); personal or professional service (P); public or quasi-public use (P); restaurant (C); vertically integrated residential project (C); wireless communication facility (C); and stealth wireless communication facility (P). 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 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 primarily because City staff requested that the zoning match the future uses on the property. The applicant is currently entitled to office and commercial uses as designated on the previously approved conceptual development plan, subject to Conditional Use Permit approval. The applicant has requested a rezone from R-4 to C-N zone for all of the subject lots; however, staff recommends a rezone to L-O for Lots 42-45 and C-N for Lot 41 for the following reasons: 1.) The Development Agreement approved for this subdivision allows for the construction and development of "11 office buildings and 1 commercial building" (Note: Staff inteIprets Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 "buildings" to mean "lots") for the commercial portions of the development. Since the C-N zone would allow for office uses as well as restaurant, retail, and a number of other non-office uses, the uses allowed in the C-N zoning designation would not comply with those approved in the Development Agreement. 2.) The Planned Development was approved with office uses on Lots 42-45 and commercial use on Lot 41. Staff has discussed with the applicant the option of applying for a modification to the Development Agreement and Conditional Use Permit/Planned Development to change the requirement for "11 office buildings and 1 commercial building" to "commercial lots," which would comply with the C-N zoning designation; however, the applicant does not wish to do so and would rather pursue the zoning designations consistent with the approved Planned Development. The applicant held a neighborhood meeting and no one submitted objections or attended the meeting. Based on the policies and goals contained in the Comprehensive Plan and the Mixed Use Community land use designation on the Comprehensive Plan Future Land Use Map, Staff believes that the rezoning of Lots 42-45 to L-O and Lot 41 to C-N is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. - The rezone legal description submitted with the application (prepared on May 22, 2006 by Wayne K. Barber, PLS) shows the property within the existing corporate boundary of the City of Meridian. However, the submitted rezone description only proposes the C-N zone. Prior to the rezone ordinance approval, the applicant should be required to submit new legal descriptions for this property, one for the L-O properties and one for the C-N property. Prior to the City Council hearing, the applicant submitted revised le2al descriptions for the L-O and C-N zoned properties (see Exhibit C). UDC ll-5B-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement (or modify an existing Development Agreement) with the City of Meridian that may require some written commitment for all future uses. If Council approves the applicant's requested rezone to C-N, Staff believes that a Development Agreement modification is necessary, and the applicant should be required to file a Miscellaneous application prior the rezone ordinance being recorded. If Council approves Staff's recommendation to rezone Lots 42-45 to L-O and Lot 41 to C-N, Staff believes that a Development Agreement modification is not necessary. Ifthe Commission or Council feels additional requirements are necessary, staff recommends a clear outline of the commitments of the developer be required, and be included within the CUP conditions of approval listed in Exhibit B. CONDITIONAL USE PERMIT MODIFICATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that a modification to the existing conditional use permit to eliminate the requirement for detailed conditional use permit approval for these lots should be allowed. Please see Exhibit D for detailed analysis of facts and findings. Sidewalk: Per UDC 11~3F-4B2c, sidewalk is required along W. Everest Lane, a private street. Earlier this year at the Planning and Zoning Commission hearing for the rezone and easement vacation for Hastings Subdivision, which is directly adjacent to the site (originally platted as Lots 46 & 47, Lochsa Falls Sub.), the Council required a 5-foot wide sidewalk adjacent to Everest Lane. Sidewalk was not required with the Lochsa Falls preliminary plat, but the Council decided it was appropriate to require pedestrian access within the Hastings development, Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 in the fonn of a 5-foot wide sidewalk, between the commercial lots adjacent to Chinden Boulevard and the residents of Lochsa Falls Subdivision. The owners of Hastings Subdivision, directly to the west of the subject property, agreed to construct a 5-foot wide sidewalk along the north side ofW. Everest Lane on the south boundary of the property. As a result, Staff believes that the subject property should also construct a 5-foot wide sidewalk along the south boundary of the property that ties into the sidewalk in the Hastings Development and the sidewalk required within the Knight Hill Center Development to the east (see Exhibit B). Hours of Operation: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Since this development is adjacent to residential properties and future uses permitted in the C.N zone such as restaurants could create a noise disturbance to the residents, staff is recommending that the hours of operation for businesses on the lot to be zoned C-N, be limited from 6 am to 10 pm as a requirement of the subject application (see Exhibit B). Staff doesn't feel that a limitation in the hours of operation for the L- o zoned property is necessary due to the less intense uses permitted in that zone. Building Elevations/Construction Materials: The applicant has submitted some sample pictures for potential buildings for this site (See Exhibit A). All of the building elevations are very different in design (Le. one story, two story, stucco, stucco with stone accents, wood beams, etc.). Any new structure(s) on this site should be generally compatible in appearance and bulk with the surrounding residential properties and the submitted pictures, as determined by the Plarming Director or otherwise approved through a Conditional Use Permit. Note: Future building elevations were approved with the Hastings Development (Lochsa Falls Office Park, CUP-06-008) directly to the west of the site that are one-story and appear to be stucco with some brick or stone accents; the Commission and Council may consider requiring the applicant to maintain this look on this site as well. A Certificate of Zoning Compliance will be required for all new construction on these lots. Since the subject lots are located on an entryway corridor as designated on the Comprehensive Plan, the design standards in UDC 11-3A-19C are applicable. This enables Staff a detailed review of the site and ensures that the development will comply with design standards prior to issuance of building permits. b. Staff Recommendation: Based on the above analysis, staff finds the Rezone (RZ) and Conditional Use Permit Modification (MCU) applications substantially confonn to the Comprehensive Plan policies and UDC standards. Staff recommends approval of the Rezone of Lot 41 to C-N and the Rezone of Lots 42-45 to L-O, as these zoning designations are consistent with the Development Agreement and Conditional Use Permit/Planned Development in effect for this site. Staff further recommends approval of the Conditional Use Permit Modification application with the conditions shown in Exhibit B. The Meridian Plannin2 and Zonin2 Commission heard these items on December 21. 2006. At the public hearin2 they moved to recommend approval. 11. EXHIBITS A. Drawings 1. Final Plat showing subject lots proposed to be rezoned 2. Sample Elevations of Future Buildings (3) B. Conditions of Approval Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 1. Planning Department 2. Public Works Department 3. Fire Department C. Legal Description D. Required Findings from Zoning Ordinance Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 A. Drawings 1. Final Plat showing subject lots proposed to be rezoned (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12) r- .._.,~~:,,"""-,~.~ - .---------."-.-"-e,!l...~z.fX\_l- LDC2~~AIJ...5.f.,LI.:! --"'-1 pt:Vf:i.GIP[,q" (~!:'EN.CIT'f,'iJ.(>.h{} ~~\ 12 Bmtnl;!;l ~tlUII):lJfUNU" nrt'. r;~IJI,lING!:N.Gfi\lll::'('!~ , " ~:i1~i di~i '~:,.ll :'~! , ,,~ I .' , ~1. !-~ ~~=~t' I Co,...... .... 'I\~-jju , .~rT...rk~.. "~' ...L..f:Qf:r>lll IV 'Ia:"..l'~~ M"". " nIIII"'CII~rR'!I:I;~l'::lJ in",*,...",,~ :~ .!!'fI/r"JN./ljiIMllIJII~i;Al> ;:a.-~IQf:,M"'~l*IIOf~ J~l,.r""'oIU..~~It(,Ijfl:; .... '1111Q1~.~}I~\~.m'~.m; J~u:ql_j(lwn""."'.~ flJIj:tf.q,ILIII'.\1II!I~l<<mTt'fl,JIf,ll.<Aol ~:-----.- ~lfj(' .c,_ - ,~- -.,. ~1l.'IbI.... ~m~ 'II;iII-~"I~' """n.,..,,~, ......"-'..j~i ~.-.,~._-u..\. --~. ____on - ~IIILt1t: ..... l!I/'j"~ ,L....!':. . L-_ "~... 'J:!.::..:::., T ~1(N:[l '!j/",f:I.'.'1' I (11' :.~ ! -_.~.~!.~~~:~?~' .-.-: """'~_._...,..,-_._..",--..........,..-...~_.._-~-~~,.._, Exhibit A CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 2. Sample Elevations of Future Buildings Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval for Lochsa Falls Subdivision (Development Agreement lost. No. 103012598 and Addendum lost. No. 104022054, AZ-02~01O, CUP-02-0l2 & PP-02-009) as part of the subject Conditional Use Permit Modification (MCU-06-002) and Rezone (RZ-06-008) approval. 1.2. The applicant shall complete a cross-access a2reement with the property owner to the east. 1.3. All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of building pennit submittal. 1.4. All future buildings on this site shall be setback in accordance with ITD's right-of-way requirements for Chinden Boulevard (currently 100-feet from centerline) and the City's requirements for landscape buffers adjacent to Chinden Boulevard (35 feet). 1.5. All future buildings on the site shall substantially comply with the elevations shown in Exhibit A of the Staff Report, as determined by the Director. If it is determined that any future building does not substantially comply with the approved elevations, it shall be subject to Conditional Use Permit approval. 1.6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 1.7. All future structures on the subject property, which are adjacent to an entryway corridor (Chinden Blvd.), shall comply with the Design Standards in UDC ll-3A-19C. 1.8. Hours of operation for businesses located in the C-N zone shall be limited from 6 am to 10 pm. 1.9. Construct a five-foot wide sidewalk on the north side of W. Everest Lane on the southern boundary ofthe subject property, as none currently exists. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently has sewer and water mains installed along its frontage and the mains were sized for the uses being proposed. Public Works has no concerns with the rezone applications. 3. FIRE DEPARTMENT 3.1 The 5 office/commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 C. Legal Description DESCRIPTION FOR REZONE LOT .1. BLOCK'" TO ZONE CwN LOCHIA FALLS SUBDIVISION NO. 12 Oeclember 21, 2006 A PARceL OF LAND LOCATED IN THE NE 1/4 OF SECTION 26. TOWNSHIP 4 NORTH. RANGE 1 WEST OF THE BOISE MERIDIAN. CITY OF MERIDIAN. ADA COUNTY. IDAHO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOT 41, BlOCK 49. OF LOCHSA FALLS SU8DMSION NO. 12, /IS RECORDED IN BOOK 92 OF PlATS. AT PAGES 10968 TO 10980. RECORDS OF ADA COUNlY, IOAHO. SAID PARCEL CONTAINS 1.76 ACRES, MORE OR LESS. WAYNE K BARBER. P.LS. No. 8448 ~ JA'i 1.. ,: ~~ 4Q4<n.RElOSE-C.N.dvt Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T1iE HEARING DATE OF JANUARY 23, 2007 DESCRIPTION FOR REZONE LOTS 42~ BLOCK" TO ZONE L..() LOCHIA FALLS SUBDMSION NO. 12 December 21. 2006 A PARCa OF LAND lOCATED IN THE NE 1/4 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN. erN OF MERIDIAN. ADA COUNTY. IDAHO, BEING MORE PARTICUlARLY DESCRiBED AS FOLLOWS: BEING LOTS 42 THROUGH 45. BLOCK 49. OF LOCHSA FALLS SUBOMSION NO. 12. AS RECORDED IN BOOK 92 OF PlATS. AT PAGES 10958 TO 10960. RECORDS OF ADA COUNTY. 1DAH). . . SAID PARCEL CONTAINS 7.20 ACRES, MORE OR LESS. WAYNE K BARBER. P.L.S. No. 8448 _..,\.1lr~\\CN~ e'4~ .\ ",,,u~ _$.~ of"" .w403.REZm~I>L-O.&.'lC Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 II ,. J! ID'8Oll : lit. l"'l/11llO1 .. SICtt : 1 OF 1 -7-----. :...-:=::--.... . . EXHmIT '''0" : ....~....WAV ~ . D -4 \ l a - -i r- -II r- - - -, I : j ~ ^ill ~ II,' - ~ t ~II II - -' I I I, _ I ,r -1 I & II r-lD -1E JI I ~i6a~ ~ I~~~II ~tdl~1 - i -1 ~ '<~ "<,,,:">11 :~I~i~ . I ~ lll.::<:\1><":111 ... [;'.. . J r - ,'" ,'" I ." pI:- , II" "', " e ~~~ -1 ! 'I tt'" ", "'>"':'''':'111 s ~sw . -; r- 1 >...:...... ~>t<11 ~.Ii~$ _..J r- -; I ~ ","', ""... ',* ,..1 . I i r-... I L Y \, '... , '...', I ~o~ . -, ~~ "......., '... I if\) :!: - -III I',',', ",-"1 s. ,. - -1 to- ] t." ',,," "'.. '" '111 ~liiI I ~ I" ",' 't,\"",,, 1 !It -1L..J....'\'".., I ~ : -l L J--1,lt>::> <:<>::1 II ,!If -I}-- I "" '.. .. "'" ",,' I . ,j f-.- .J.1:":~: ,,'..,,><"i I ; J I'" 4''''.11 l " ,,\;' ' . : I ~ I . :,,,:'<~~t<>:: . I ~t~ ___ "'>'11 f':'<'<"'<'<'111 \' "",,, ~ ~ I ."~', ",', I J' (\ I l '''''''~~'' ", "l 1 I I ~"" ", ,s~'" . ),-l.' .. ..... '.. " "... '... I~ -, ... :~~~j_l!. _..... 1'ti ... 1IIllDI.. I __ IIIIIIIf LOCHSA FALLS SUBDMSlON NO. 12 BRIGGS E/liGl"'lEEqINC. INC. [el DIOMPs Pl.AIIIDS ~ ,.. OllJlIIiIII_'lIlllll Me) l11Q$' ~lllO EXHlBIT B IJIlIOft 011/17/01 DPU Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of JANUARY 23, 2007 D. 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 C-N. The Commission finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan, but not with the previous AZ and CUP approvals on this site. A rezone to C-N for all of the subject lots would not comply with the uses shown on the conceptual site plan that was approved with the Planned Development. Rezone of the property to L-O for Lots 42-45 and C-N for Lot 41 would be consistent with the previously approved uses on these lots, as well as 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; The Commission fmds that professional and personal services (offices), financial institutions, and health care and social services are some of the principal permitted uses within both the applicant's requested zoning district of C-N and Staffs recommended L-O district. The Commission fmds 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; The Commission fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. 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. Please see Exhibit B for additional comments from service providers in this area. 2. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The future uses on the subj ect property shall meet all dimensional and development regulations of the designated zoning district. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC ll-3C-6). Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23.2007 Staff recommends the Commission and Council rely on Staff's analysis, and any oral or written public testimony provided when detennining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the designation on the Comprehensive Plan for this property is Mixed Use Community. The property is currently zoned R-4 with a use exception for commercial uses on these lots. The proposed elevations and future uses are generally hannonious with the requirements of the UDC (see Sections 8 and 10, above for more infonnation regarding the requirements for this use.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission fmds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the uses in this development should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Main line services to this site were previously reviewed and approved with the Lochsa Falls Subdivision development. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare ofthe community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or 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. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 The Commission recognizes that traffic and noise will increase with the approval of future uses in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the future uses will create excessive noise, smoke, fumes, glare, or odors. Staff fmds that the proposed uses will not be detrimental to people, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this use proposal that should be brought to the Commission's or Council's attention. The Commission fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of maj or importance. Exhibit D