HomeMy WebLinkAboutLochsa Falls Office / Commercial Addition
December 18, 2006
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Farwest, LLC
RZ 06-008
December 21 , 2006
8
ITEM NO.
REQUEST Continued Public Hearing from November 2, 2006- Rezone of 8.96 acres (Lots 41-45, Block
49, Lochsa Falls Sub. No. 12) from R-4 to C-N zone for Lochsa Falls Office! Commercial Addition-
south of Chinden Boulevard and west of N. Linder Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See Previous Item Packet / Attached Minutes
See Attached Staff Report
CITY POLICE DEPT:
~aomt(lUli/ Approval
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CITY FIRE DEPT:
D2- Dm
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CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: --fT;:; ,
Contacted:..J!'ilJ~ ~~ Dale: Id/lq~ Phone: ~5'3_';)'5iS-
Emailed: ~d(,Jn(1or{? ......QOI\ ~..Q.r0 (OUro-COM Staff Initials: $
Materials presented at publiC meetings shall become property of the City ot Meridian.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
STAFF REPORT
TO:
Hearing Date: 10/5/06
Planning & Zoning Commission
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FROM:
Sonya Watters
Associate City Planner
Meridian Planning Department
884-5533
SUBJECT:
Lochsa Falls Office/Commercial Addition (Lots 41-45, Block 49, Lochsa Falls
Sub. 12)
. RZ-06-008
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.
RECEIVED
DEe 1 4 2006
City Of Meridian
City Clerk Office
. MCU-06-002
Modification of the 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-
02-012) 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 Chinden Boulevard, west of N. 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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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
PermitlPlanned 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.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Numbers RZ-06-008 and MCU-06-002 as presented in the staff report for the
hearing date of October 5, 2006, with the following modifications to the conditions of approval:
(Add any proposed modifications.) I further move to require the applicant to submit new legal
descriptions for the L-O and C-N properties, as outlined in the Staff Report.
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Numbers RZ-06-008 and MCU-06-002 as presented during the public
hearing on October 5, 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 ofN. Linder Road;
Section 26, T4N, Rl W.
b. Owner:
Lochsa Falls, LLC
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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
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
c. Radius notices mailed to properties within 300 feet on: September 8, 2006
d. Applicant posted notice on site by: September 25, 2006
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.
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-02-010).
- 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.
p- On December 17, 2002 the City Council approved a Conditional Use Permit!Planned
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
Development (CUP-02-012) 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 officetcommerciallots 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 individual lot/building 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 42-45 and a
commercial use on Lot 41.
- On September 7, 2004, the City Council approved the final 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: Nt A
3. Flood plain: Nt A
4. Canals/DitchestIrrigation: 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
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: NtA
3. Percentage of site as open space: Nt 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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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". ill Chapter VII of the Comprehensive Plan, this designation is defmed in part
as an area that is situated in higWy 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 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 office/commercial buildings are constructed.. A 35-foot
wide landscape buffer has already been installed adjacent to Chinden Boulevard.
· "Permit new . . . commercial development only where urban services can be reasonably
provided at the time of fmal 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.
· 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 office/commercial 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.
Staff finds 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 11-2B-21ists several uses as permitted (P) and
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
conditional uses (C) in the C-N & L.O zoning districts.
Sample uses in each of these 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); [mancial 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);
[mancial 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 Pacts 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 ofthe 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 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
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.
Lochsa Falls Office Park RZ.06-008 & MCU-06-002
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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~
UDC 11-5B-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. If the 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,
in the form 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 ofthe subject property, agreed to construct a 5-foot wide sidewalk along the
north side ofW. Everest Lane on the south boundary ofthe 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: ill 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.
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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 (i.e. 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
Planning 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 conform 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 PermitIPlanned
Development in effect for this site. Staff further recommends approval of the Conditional
Use Permit Modification application with the conditions shown in Exhibit B.
11. EXHffiITS
A. Drawings
1. Final Plat showing subject lots proposed to be rezoned
2. Sample Elevations of Future Buildings (3)
B. Conditions of Approval
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 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
A. Drawings
1. Final Plat showing subject lots proposed to be rezoned
(Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
2. Sample Elevations of Future Buildings
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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 illst. No. 103012598 and Addendum illst. No.
104022054, AZ-02-01O, CUP-02-012 & PP-02-009) as part of the subject Conditional Use
Permit Modification (MCU.06-002) and Rezone (RZ-06-008) approval.
1.2 All future uses on this site should comply with the provisions of the Unified Development
Code in effect at the time of building permit submittal.
1.3 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).
1.4 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.
1.5 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).
1.6 All future structures on the subject property, which are adjacent to an entryway corridor
(Chinden Blvd.), shall comply with the Design Standards in UDC 11-3A-19C.
1.7 Hours of operation for businesses located in the C-N zone shall be limited from 6 am to 10
pm.
1.8 Prior to the rezone ordinance approval, the applicant shall submit revised legal descriptions
and exhibit maps depicting the L-O and CwN zoning designations, as outlined in this report.
1.9 Construct a five.foot wide sidewalk on the north side of W. Everest Lane on the southern
boundary of the 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 OCTOBER 5, 2006
C. Legal Description (not approved)
DESCRIPTION FOR
REZONE LOTS 41 - 45, BlOCK 49 TO ~~..~ ~ "
LOCHSA FALLS SUBDMSlON ~
May 22, 2Q06
A PARCEL OF LAND LOCATED IN THE NE 1/4 OF SECTION 28. TOWNSHIP 4
NORTH, RANGE 1 WEST OF THE ,BOISE MERIDIAN, CITY OF MERIDIAN. AD'"
COUNTY, IDAHO. BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOTS 41 THROUGH 45. Bt.OCK 4$, OF LOCHSA FALLS
SUBDllll810N NO. 12, AS RECORDED IN BOOK 92 OF PLATS, AT PAGES 10958 TO
10980. RECORDS OF ADA COUN'TY, IDAHO.
SAlP PARCEL CONTAJNS 8.98 ACRES, MORE OR LESS.
WAYNEKBARBER,
P.L.S. No. 8448
,~
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40403.REZONE1.DOC
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l..llCHSA FALLa SUBDIVISION NO. 12
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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. Staff fmds 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;
Staff finds 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. 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;
Staff finds 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 fmding.
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,
Staff 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 subject 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 11-3C-6).
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
Staff recommends the Commission 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.
Staff 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 harmonious with the
requirements of the UDC (see Sections 8 and 10, above for more information 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.
Staff 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.
Staff 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 ifthe 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.
Staff finds 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. Staff 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 of the community.
If approved, the applicant will be fmancing any improvements required for development.
Staff 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 DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
Staff recognizes that traffic and noise will increase with the approval of future uses in this
location; however, staff does not believe that the amount generated will be detrimental to the
general welfare ofthe public. Staff does not anticipate the future uses will create excessive
noise, smoke, fumes, glare, or odors. Staff finds 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 fmds 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.
Staff finds 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
Meridian Planning and Zoning Meeting
November 2. 2006
Meeting of the Meridian Planning and Zoning Commission of November 2, 2006, was
called to order at 7:00 p.m. by Chairman Michael Rohm.
Members Present: Michael Rohm, Keith Borup, David Zaremba, and David Moe.
Members Absent: Wendy Newton-Huckabay.
Others Present: Bill Nary, Machelle Hill, Caleb Hood, Mike Cole, Amanda Hess, Sonya
Watters, Justin Lucas, and Dean Willis.
Item 1:
Roll-Call Attendance:
Roll-call
o Wendy Newton-Huckabay X Keith Borup
X David Moe - Vice Chairman X David Zaremba
X Michael Rohm - Chairman
Rohm: Good evening, ladies and gentlemen. At this time I'd like to open the regularly
scheduled meeting of the Planning and Zoning Commission for November 2nd, 2006,
and begin with the roll call of Commissioners.
Item 2:
Adoption of the Agenda:
Rohm: The first item on the agenda is the adoption of the agenda and we are going to
have some changes. Items 4 and 5 related to Spurwing Patio Homes has been
requested to be continued until November 16th. We will not be hearing that tonight, so
if there is anybody here for that project, it will be heard on November 16th. Items 7 and
8, both related to Harcourt Subdivision are -- that project is going to be continued until
December 21 st. Item No. 12, Una Mas Day Care is to be continued to November 16th.
And Items 14 and 15, Lochsa Falls Office Commercial Addition is to be continued until
the December 21 st hearing. Anybody that is here for those hearings, they will not be
heard tonight and will be continued until the stated date. With that being said, I'd like to
have a motion to accept the agenda as amended.
Moe: So moved.
Rohm: It's been moved.
Zaremba: Second.
Borup: Second.
Rohm: And seconded to accept the adopted agenda. All those in favor say aye.
Opposed same sign?
Meridian Planning & Zoning
November 2, 2006
Page 17 of 53
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 7:
Item 8:
Public Hearing: AZ 06-046 Request for Annexation and Zoning of 21.7
acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky,
Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
Public Hearing: PP 06-048 Request for Preliminary Plat approval of 61
single-family residential lots and 6 common lots on 21.7 acres in a
proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465
& 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
Rohm: I'd like to open the Public Hearing for AZ 06-046 and PP 06-048, both items
related to Harcourt Subdivision, for the sole purpose of continuing them to the regularly
scheduled meeting of December 21 st, 2006.
Mae: So moved.
Zaremba: Second.
Rohm: It's been moved and seconded to forward -- or to continue Items AZ 06-046 and
PP 06-048 to the regularly scheduled meeting of December 21 st, 2006. All those in
favor say aye. Opposed same sign? Motion carried.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Rohm: There were a number of people that came in after we opened our meeting
tonight and there is another project that is to be continued tonight and that's the Una
Mas Day Care, CUP 06-033, and it's going to be continued to 11/16. And the Spurwing
Patio Home Subdivision has already been continued to 11/16. So, if any of you have
come in to hear those items, they will not be heard tonight. Oh, and the Lochsa Falls
project, RZ 06-008 and MCU 06-002, are to be continued to December 21 st, 2006, as
well. So, if any of you came in after we opened the meeting, those have all been
continued.
Item 9:
Item 10:
Continued Public Hearing from October 5, 2006: AZ 06-038 Request
for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for
Nursery Subdivision by Gary Fors - 570 S. Linder Road:
Continued Public Hearing from October 5, 2006: PP 06-036 Request
for Preliminary Plat approval of 25 residential lots and 3 common lots on
5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors
- 570 S. Linder Road:
Meridian Planning & Zoning
November 2, 2006
Page 38 of 53
14. Continued Public Hearing from October 5, 2006: RZ 06-008 Request for a
Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12)
from R-4 to C-N zone for Lochsa Falls Office I Commercial Addition by
Farwest, LLC - south of Chinden Boulevard and west of N. Linder Road:
15. Continued Public Hearing from October 5, 2006: MCU 06-002 Request for
Modification of the approved Conditional Use Permit I Planned Development to
remove the requirement for detailed Conditional Use Permit approval for
development on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12 for
Lochsa Falls Office I Commercial Addition by Farwest, LLC - south of
Chinden Boulevard and west of N. Linder Road:
Rohm: At this time I'd like to continue the Planning and Zoning meeting for November
2nd, 2006, and begin by opening Item RZ 06-008 and MCU 06-002 for the sole purpose
of continuing these items to the regularly scheduled meeting of December 21 st, 2006.
Moe: So moved.
Zaremba: Second.
Rohm: It's been moved and seconded to continue Items RZ 06-008 and MCU 06-002 to
the regularly scheduled meeting of December 21 st, 2006. All those in favor say aye.
Opposed same sign? Motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 16:
Public Hearing: AZ 06-047 Request for Annexation and Zoning of 5.3
acres from RUT to L-O zone for Waverly Place Subdivision by Vacation
Village Villas, LLC - 2510 E. Magic View Court:
Item 17:
Public Hearing: PP 06-049 Request for Preliminary Plat approval of 6
multi-family residential building lots consisting of 24 multi-family units, 1
clubhouse building lot and 3 common / other lots on 5.3 acres in a
proposed L-O zone for Waverly Place Subdivision by Vacation Village
Villas, LLC - 2510 E. Magic View Court:
Item 18:
Public Hearing: CUP 06-030 Request for a Conditional Use Permit
approval for a multi-family development in a L-O zone for Waverly Place
Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court:
Rohm: The rest of you must be for this next item. Okay. With that, at this time I'd like
to open the Public Hearing on AZ 06-047, PP 06-49, and CUP 06-030 and begin with
the staff report.
Watters: Thank you, Chairman Rohm, Commissioners. The applications before you
are an annexation and rezone, preliminary plat and Conditional Use Permit request for
Project: Lochsa Falls Office/Commercial Addition (MCU-06-002 & RZ-06-008)
Location, size of property and existing zoning: The subject property consists of approximately 9 acres
and is located on the south side of Chinden Boulevard, east ofN. Long Lake Way, within Lochsa Falls
Subdivision. The property is platted as Lots 41-45, Block 49, of Lochsa Falls Subdivision No. 12. This
property was previously approved for office uses on Lots 42-45 and commercial use on Lot 41 through
the Planned Development for Lochsa Falls Subdivision as a use exception in the R-4 zone under the old
Meridian City Code.
Adjacent Land Use and Zoning:
I. 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.
Applications: Conditional Use Penn it Modification & Rezone
Snmmary of Proposed Streets and/or Access: No new access points to these lots are proposed or
approved with the subject applications. Access will be provided from existing curb cuts on W. Everest
Lane. A common area landscape buffer lot separates the subject commercial lots from Chinden Boulevard
and no direct lot access to Chinden Boulevard is proposed or approved.
Existing Constraints: 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).
Landscaping:
1. Width of street buffer(s): 35' along Chinden (existing)
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space and any amenities: NA
4. Open space and pathways: NA
Comprehensive Plan Designation: Mixed Use Community
Compliance with Comprehensive Plan: Yes
Compliance with UDC: Yes
Proposed DA requirements: None proposed. (If Lots 42-45 are rezoned to L-O and Lot 41 is rezoned to
C-N per Staff's recommendation, a DA modification is not necessary. If the entire property is rezoned to
C-N per the applicant's request, a Development Agreement modification will be necessary.)
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-02-010).
· On January 24,2003, a Development Agreement (DA) was recorded (illstrument # 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 Permit/Planned Development
(CUP-02-012) 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-4zone 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 individual
lot/building 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 42-
45 and a commercial use on Lot 41.
· On September 7, 2004, the City Council approved the final plat for Lochsa Falls Sub. 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 U,se Permit (CUP-06-008) was approvedfor the construction of eight
buildings on theses lots consisting of a total of approximately 38,500 square feet of office space.)
Elevations: Yes
Outstanding Issue(s) for Commission: Applicant is requesting a rezone of all of the subject lots to C-N.
Staff is recommending that Lots 42-45 be rezoned to L-O and Lot 41 be rezoned to C-N, consistent with
the Development Agreement and Conditional Use PennitIPlanned Development in effect for this site.
(The Applicant, Justin Martin, has verbally told Staff that he has no objection to Staff's recommendation.)
Staff Recommendation: 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.
Notes:
CITY OF MERIDIAN
P & Z COMMISSION PUBLIC HEARING
SIGN..UP SHEET
DATE
December 21, 2006
ITEM #
8&9
PROJECT NUMBER
RZ 06-008, MCU 06-002
PROJECT NAME
Lochsa Falls Office I Commercial Addition
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
~~_~. .A~ /
October 30,2006
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Farwest, LLC
RZ 06-008
November 2, 2006
ITEM NO.
14
REQUEST Continued Public Hearing from October 5,2006- Rezone of 8.96 acres (Lots 41-45, Block 45
Lochsa Falls Sub. No. 12) from R-4 to C-N zone for Lochsa Falls Office/ Commercial Addition -
south of Chinden Boulevard and west of N. Linder Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
See Previous Item Packet / Attached Minutes
See Attached Email Request for Continuance
CITY FIRE DEPT:
Co n'-h n tJ. jO I J.} -h / d- - ;J-l-D b
07- DIY) ~
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: 3 I
Contacted: p~ ff1C< ~ Date: /D I I!/)ff Phone: 3:7 ~ ~;:)-5?:5--
Emailed: d onoKtmtr@ ~~c.a.r.CCr>ftaff Initials: tfLR..,
Materials presented at pu Ie meetings shall become property of the City of Meridian.
Meridian Planning & Zoning
October 5,2006
Page 24 of 25
Item 13:
Public Hearing: RZ 06..008 Request for a Rezone of 8.96 acres (Lots 41-
45, Block 49, Lochsa Falls Subdivision No. 12) from R-4 to C-N zone for
Lochsa Falls Office I Commercial Addition by Farwest, LLC - south of
Chinden Boulevard and west of N. Linder Road:
Item 14:
Public Hearing: MCU 06..002 Request for Modification of the approved
Conditional Use Permit / Planned Development to remove the requirement
for detailed Conditional Use Permit approval for development on Lots 41-
45, Block 49, Lochsa Falls Subdivision No. 12 for Lochsa Falls Office I
Commercial Addition by Farwest, LLC - south of Chinden Boulevard
and west of N. Linder Road:
Rohm: At this time I'd like to open the public hearings on RZ 06-008 and MCU 06-002.
Both items related to Lochsa Falls Office / Commercial Addition, for the sole purpose of
continuing to the November 2nd, 2006, regularly scheduled meeting.
Zaremba: So moved.
Moe: Second.
Rohm: It's been moved and seconded to continue items RZ 06-008 and MCU 06-002 to
the regularly scheduled meeting of November 2nd, 2006. All those in favor say aye.
Opposed same sign? Motion carries.
MOTION CARRIED: ALL AYES.
Zaremba: Mr. Chairman?
Rohm: Commissioner Zaremba.
Zaremba: I move we adjourn.
Mae: Second.
Newton-Huckabay: Second.
Rohm: It's been moved and seconded we adjourn. All those in favor say aye. Motion
carried.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:04 P.M.
Page I of 1
Machelle Hill
From: Sonya Watters
Sent: Friday, October 27,20065:57 PM
To: Machelle Hill; Sharon Smith; Tara Green; Will Berg
Cc: C. Caleb Hood
Subject: FW: Lochsa Falls Office/Commercial Addition RZ & MCU Staff Report
From: Justin Martin [mailto:Justin@farwestllc.com]
Sent: Friday, October 27, 20065:55 PM
To: Sonya Watters; Tara Green
Subject: RE: Lochsa Falls Office/Commercial Addition RZ & MCU Staff Report
Sonya,
Per our phone conversation today, I am requesting that we table the Lochsa Falls
Office hearing until December 21 sf 2006.
Thank you,
Justin Martin
Farwest, LLC
4487 N. Dresden PI., Suite 102
Boise, ID 83714
Tel: (208) 388-0189
Fax: (208) 376.2041
email: iustin@farwestllc.com
OCT- " 2~OQS
10/30/2006
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE
November 2, 2006
ITEM #
14,15
PROJECT NUMBER
RZ 06-008, MCU 06-002
PROJECT NAME
Lochsa Falls Office/Commercial Addition
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
J""~ M. ",,^cle,~ )('
October 2, 2006
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Farwest, LLC
RZ 06-008
October 5, 2006
ITEM NO.
13
REQU EST Public Hearing - Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Sub. No. 12) from
R-4 to C-N zone for Lochsa Falls Office/ Commercial Addition - south of Chinden Boulevard and
west of N. Linder Road
AGENCY
COMMENTS
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See Attached Affidavit of Sign Posting
Contacted I)D..-ve.: (Y!ekI~m.-v Date fO(3jOv> . Jt;ne -;s.Cj:s ~dS~
Emailedc*.Mr:.K1/7/10{J@".1l~ r Staff Initials: bt:::=.
Materials presented at public meetings shall become property of the City of Meridian.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
Grl/7nta Pjff fr //-;2-tJb
See Attached Staff Report
No Comment
No Comment
No Comment
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
"r~ "Q (~ lil'~ d\, ,? --"l::"~ \,-, -j'i---'l;'
.J.. "'~ .I,.L,:.J .1. '~. "., _.,_,#. _ :~",.i' y
"J!"c
SEP 2 9 2006
SUBJECT:
Sonya Watters
Associate City Planner
Meridian Planning Department
884-5533
Lochsa Falls Office/Commercial Addition (Lots 41-45, Block 49, Lochsa Falls
Sub. 12)
. RZ-06.008
City OfJ\TeridLc:l,
City C~;idian
\ ID.\HO
~~~-
STAFF REPORT
TO:
Hearing Date: 10/5/2006
Planning & Zoning Commission
FROM:
Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Subdivision No.
12) from RA (Medium-low Density Residential District) to C~N
(Neighborhood Business District) zone.
. MCU-06-002
Modification of the 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-02-012) 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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
on Lots 42-45 and commercial use on Lot 41. Staffhas discussed with the applicant the option of
applying for a modification to the Development Agreement and Conditional Use PermitlPlanned
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 ofthe Staff Report for detailed analysis, and the Findings listed in Exhibit D of the Staff Report.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Numbers RZ-06-008 and MCU-06-002 as presented in the staff report for the
hearing date of October 5, 2006, with the following modifications to the conditions of approval:
(Add any proposed modifications.) I further move to require the applicant to submit new legal
descriptions for the L.O and C~N properties, as outlined in the Staff Report.
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Numbers RZ.06-008 and MCU-06-002 as presented during the public
hearing on October 5, 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 ofN. Linder Road;
Section 26, T4N, Rl W.
b. Owner:
Lochsa Falls, LLC
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 R-4 to C.N zone that were originally approved for commercial office uses
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
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/plalUled 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
c. Radius notices mailed to properties within 300 feet on: September 8, 2006
d. Applicant posted notice on site by: September 25,2006
6. LAND USE
a. Existing Land U se( 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.
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-02-010).
- On January 24, 2003, a Development Agreement (DA) was recorded (illstrument #
103012598) for this property. Section 4. Uses Permitted by this Agreement. of said DA allows
the construction and development of 856 sinl!le familv dwellinl!s. 171 multiple familv
dwellings. 11 office buildinl!s. 1 commercial buildinl!s. 1 citv 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 Permit/Planned
Development (CUP-02-012) for Lochsa Falls Subdivision containing the subject
property. This allowed for a land use exception under the old Meridian City Code for
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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. ofCUP-02-012 states:
"The office lots in Block I 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
individua110tlbuilding 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 42-45 and a commercial use on Lot 41.
- On September 7,2004, the City Council approved the final 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-Q 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 ofthis
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
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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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". h1 Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that
is situated in higWy 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 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 office/commercial buildings are constructed.. A 35-foot wide
landscape buffer 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.
. 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 office/commercial 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 11-2B-21ists several uses as permitted (P) and
conditional uses (C) in the C-N & L-O zoning districts.
Sample uses in each of these districts are as follows:
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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); [mancial 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 ofthe 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 interprets
"buildings" to mean "lots") for the commercial portions of the development. Since the CwN 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
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARfNG DATE OF OCTOBER 5, 2006
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.
UDC 11-5B-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. If the Commission or Council feels
additional requirements are necessary, staff recommends a clear outline ofthe 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
fmdings.
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, in the form 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 ofthe 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: h1 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 picIDres
Lochsa Falls Office Park RZ-06-008 & MCU-06-002
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
for potential buildings for this site (See Exhibit A). All of the building elevations are very
different in design (i.e. 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
Planning 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 mav consider reQuirinf! the avvlicant
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 p 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 fmds the Rezone (RZ) and
Conditional Use Permit Modification (MCU) applications substantially conform 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.
11. EXHmITS
A. Drawings
1. Final Plat showing subject lots proposed to be rezoned
2. Sample Elevations ofPuture Buildings (3)
B. Conditions of Approval
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 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 5,2006
A. Drawings
1. Final Plat showing subject lots proposed to be rezoned
(Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006
2. Sample Elevations of Future Buildings
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006
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 illst. No. 103012598 and Addendum illst. No.
104022054, AZ-02-010, CUP-02-012 & PP-02-009) as part of the subject Conditional Use
Permit Modification (MCU.06-002) and Rezone (RZ-06-008) approval.
1.2 All future uses on this site should comply with the provisions of the Unified Development
Code in effect at the time of building permit submittal.
1.3 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).
1.4 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.
1.5 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).
1.6 All future structures on the subject property, which are adjacent to an entryway corridor
(Chinden Blvd.), shall comply with the Design Standards in UDC 11-3A-19C.
1. 7 Hours of operation for businesses located in the C-N zone shall be limited from 6 am to 10
pm.
1.8 Prior to the rezone ordinance approval, the applicant shall submit revised legal descriptions
and exhibit maps depicting the L-O and C-N zoning designations, as outlined in this report.
1.9 Construct a five-foot wide sidewalk on the north side of W. Everest Lane on the southern
boundary of the 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 OCTOBER 5,2006
C. Legal Description (not approved)
DESCRIPTION FOR
REZONE LOTS 41- 45, BLOCK 49 TO ~~..~ - ..
LOCHSA FAlLS SUBDIVISION ~
May 22. 2006
A PARCEL OF LAND LOCATED IN THE NE 1/4 OF SECTION 2B, TOWNSHIP 4
NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN. CITY OF MERIDIAN. ADA
COUNTY. IDAHO, BEING MORE PARTICUtARL Y DESCRIBED AS FOLLOWS:
BEING AlL OF LOTS 41 THROUGH 45. BI;OCK 49. OF LOCHSA FALLS
SUSOMSION NO. 12, AS RECORDED IN BOOK 92 OFPL/lTS, AT PAGES 10058 TO
10960, RECORDS OF ADA COUNTY. IDAHO.
SAID PARCEL CONTAINS 8.911 ACRES, MORE OR lESS.
WAYNE K BARBER.
P.lS. No. 8448
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 18, 2006
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. Staff fmds 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;
Staff finds that professional and personal services (offices), financial institutions, and health
care and social services are some of the principal pennitted uses within both the applicant's
requested zoning district of C-N and Staffs recommended L-O district. Staff 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;
Staff finds 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,
Staff 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 subject 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 Il-3C-6).
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 18. 2006
Staff recommends the Conunission rely on Staff s analysis, and any oral or written public
testimony provided when determining 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.
Staff 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 harmonious with the
requirements of the UDC (see Sections 8 and 10, above for more information 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.
Staff finds 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.
Staff 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 Conunission 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.
Staff finds 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. Staff 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 of the community.
If approved, the applicant will be financing any improvements required for development.
Staff 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 MAY 18, 2006
Staff recognizes that traffic and noise will increase with the approval of future uses in this
location; however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. Staff does not anticipate the future uses will create excessive
noise, smoke, fumes, glare, or odors. Staff finds 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.
Staff fmds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic or historic feature of major importance.
Exhibit D
r\ .
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AFFIDAVIT OF POSTING
UTI' CEIVE4D
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SEP 2 J 2006
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STATE OF IDAHO )
) 55.
COUNTY OF ADA )
I, 7c/d /t ;'J'b ?h f7
(Name)
(JPI/~,') C- [ '/-V
(City)
LfyCZ 7 j/h I?Y~5~--7
(Address)
~~;, fir--
(State)
;Pi-. ';v, /~ ~
, being first duly sworn upon
oath, depose and say:
I personally posted the subject property with the hearing notice sign 10 days prior to the
public hearing for the I- F $/ '2--- yJ -z:.tP/'l..-...L-
Dated this ;2;; ~- day of ~!1I<-1?/?7'/;#Y
, 20,tJ>>.
(~~
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
1='\~QnAlAo:t\ hlli:':tin\l=nrmQ\Affi""~\lit nf Cn~n" t't",,..
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--
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MEMORANDUM
-_....._,...._-_.._-,_...._._-.._-_.._-_.,...._-~._'_.-.,._--"..._-,.._-,...._.,.---,_.-..,._.._~.,_.~.,'~'''..--,,---"~~.
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DATE:
ee:
lO/5/'}f)06
CITY CLERK, CALEB HOOD, BIll NARY, lED BAIRD
RECEIVED
OCT a 5 2006
qty Of Meridian
CIty Clerk Office
TO:
FROM:
PLANNING & ZONING COMMISSION
SONYA WAITERS, ASSOCIATE CITY PLANNER
SUBJECT: LOCHSA FAlLS OFFICE/COMMERCw.. ADDmON (RZ"{)6-008, MCU-06-002)
COMMISSION HEARING DATE: ocroBER 5, 2006 -ITEMS #13 & #14
~~.--~.._-"~--,~-~.........._--...~_.,~,--"'--,.~..~-"..,.._-~~_...
The applicant for the Lochsa Falls Office/Commercial Addition Rezone & Conditional Use
Permit Modification, Farwest, LLC, has requested this project be continued until the next
Commission meeting on October 191h; however, due to the agmda already being full, the Planning
Department is requesting that the project be continued until the November 2, 2006 Planning &
Zoning Commission meeting.
_':;:'f~
:!~~,:It. ..
q-R.';
,~~~>'~.
Page 1 of 1
Tara Green
.....-..-." '"'---'-'-"'.. _____n"" . __..___,u",_______ ".._____._,..____
.,-.---.-.- .---..""~---~......_._n."~_"'''~~__~."._
From: Sonya Watters
Sent: Thursday, October 05, 2006 1 :59 PM
To: Machelle Hill; Sharon Smith; Tara Green; Will Berg
Cc: C. Caleb Hood
Subject: FW: Lochsa Re-Zone
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From: Dave McKinnon [mallto:dmckinnon@mngergroup.com]
Sent: Thursday, October OS, 2006 1:29 PM
To: Sonya Watters; Justin Martin
Subject: Lochsa Re-Zone
Sonya,
Per our earlier phone call, I am asking that you please deferltable/continue the PubUc Hearing for the Lochsa Re-
Zone request to allow the developer additional time to evaluate the conditions of approval (specifically
regarding the new ITO right~f.,way request on this already approved plat). The conditions may dramaticafly after
the uses and buildings that can be constructed on this site.
Thank you for your help and consideration in this matter of business. Call me if you have any questions (353-
2515), thanks,
Dave McKinnon
10/5/2006
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE
October 5, 2006
ITEM #
13, 14
PROJECT NUMBER
RZ 06-008, MCU 06-002
PROJECT NAME
Lochsa Falls Office/Commercial Addition
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
JA'1 M. ~eeroN )(
~ & ~ 1~ Z>i4t1Uct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208"463-0092
6 September 2006
phones: Area Code 208
OfFICE: Nampa 466"7861
SHOP: Nampa 466.0663
City of Meridian
City Clerk's Office
William G. Berg Jr.
33 East Idaho Avenue
Meridian. If) ,83642 -----
RECEIVED
RE: RZ-06-008, Mev 06-002/Lochsa Falls #12 Sub
City of Meridian
City Clerk Office
Dear Will:
Nampa & Meridian Irrigation District has no comment on the above referenced application as it is
out of our district.
Sincerely,
f3WJ~
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg .
c: File - Office/Shop
-~,.'-.~
APPROXIMATE IRRIGABlE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
(f-.ft CHDDEEI;'~TATRARRIT~~~JN~ CENTRAL DISTRICT HEALTH DEPARTMENT
-... Environmental Health Division
DIS
r;/{z O{,-oor
Conditional Use # M L '-f ()c:. --00 L.
,
Preliminary / Final/Short Plat
P,thKtJ I~J21~ SUP it I~
Return to:
o Boise
DEagle
o Garden City
~dian
o Kuna
OACZ
o Star
Rezone #
e We have No Objections to this Proposai.
o 2. We recommend Denial of this Proposal.
o 3. Specific knowledge as to the exact type of use must be provided before we caB~~rrUr~~~J@osal.
o 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
RECEIVED
'I .: " '~\,
~--:< ">:,',,
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
o high seasonal ground water 0 waste flow characteristics
o or bedrock from original grade 0 other
o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
o 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
o central sewage 0 community sewage system 0 community water well
o interim sewage 0 central water
o individual sewage 0 individual water
o 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
o central sewage 0 community sewage system 0 community water
o sewage dry lines 0 central water
o 10. Run-off is not to create a mosquito breeding problem.
o 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
o 13. We will require plans be submitted for a plan review for any:
o food establishment 0 swimming pools or spas
o beverage establishment 0 grocery store
o child care center
o 14. Please see attached stormwater management recommendations
015.
Date: g.2ZJ 0 t.
Reviewed By: ~.~
Review Sheet
15726-001 EH0904
,~
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cMe;dl~n-
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I.~
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1'"" To insure that your comments and recommendations will be considered by
903 the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
IDAHO
.A
~C'
'~
:t.:.'-r-t Oft!,/! TREI\SURE V ~"i
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Attn: Will Berg, City Clerk, by: September 28,2006
Transmittal Date: August 21,2006 File No.: RZ 06-008/ MCU 06-002
Hearing Date: October 5, 2006
Request: Public Hearing - Rezone of 8.96 acres (Lots 41-45, Block 49) from R-4 to CoN
zone and Modification of the approved CUP I PD to remove the requirement for detailed
Conditional Use Permit approval for develo ment 0 1 5, Block 49 for Lochsa
Falls Subdivision No. 12
By: Conger Managemen
Location of Property or Project:
of N. Linder Road
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
o~~ ~1\\)~ .
David Zaremba (ooFP) C\~~~~ridian School District (No '"I
David Moe (no FP) ~ N Meridian Post Office(FP/Pp only)
Wendy Newton-Huckabay (No FP) Ada County Highway District
Michael Rohm (No FP) Ada County Development Services
Keith Borup (No FP) Central District Health
_ Tammy de Weerd, Mayor Nampa Meridian Irrig. District
Charlie Rountree, CIC Settlers Irrig. District
Joe Borton, C/C Idaho Power CO. (FP,PP,CUP)
Keith Bird, C/C Qwest (FP/PP only)
Shaun Wardle, CIC Intermountain Gas (FP/PP only)
~Water Department Bureau of Reclamation (FP/PP only)
~ Sewer Department Idaho Transportation Dept. (No FP)
Sanitary ServiceS(No VAR, VAC, FP) Ada County Ass. Land Records
- Building Department I Rich Greene Meridian Development Corp.
Fire Department Historical Preservation Comm.
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888~6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 I fax 895-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-21911 fax 884-0744
7
- Water
2235 N.W. 8th Street
888-52421 fax 884-1159
Your Concise Remarks:
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
P~inted on ~ecycled pape~
Machelle Hill
From:
Sent:
To:
Subject:
Sonya Watters
Thursday, September 14, 200611:47 AM
Machelle Hill; Sharon Smith; Tara Green; Will Berg
Lochsa Falls Sub. 12 RZ & MCU
Dave McKinnon just called me and asked that the applicant be changed to Farwest LLC on
----- ~_tl~~..@e applications so if you could change that on the agendas and whatever else that would
be g~~9-_tc.-
Thanks,
Sonya Watters
Associate City Planner
CITY OF MERIDIAN
Planning Department
660 E. Watertower Ln., Ste. 202
Meridian, Idaho 83642
Phone: (208)884-5533 Fax: (208)888-6854 --------------------------------
1
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I N. UNDER RlW> I
REZONE EXHIBrr
LOCHSA FAlLS
SUBDMSION NO. 12
RE\I1510N : 6'1':
5HtET : 1 OF 1
EXHIBIT B
owe DATE'
08/17/06 OPt.!
404OJ-REIONE
,~
EXHIBIT "B"
BRIGGS ENGINEERING. INC.
(~.)
ENGINEERS PLAl'lNERS SURVEYORS
1800 'II. ctJtllWlD ROAD. BOlSE.IIWlO 83705' (206)344-9700
A PORllOM OF SEC1ION 26
T.4N., R.1W.. B.IL
YERIDIAN NJA CCUNl't lWIO
oWC NO. SCALE'
404Q3-REZONE 1. - 250'