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Home My WebLink AboutLochsa Falls Office Commercial RZ 06-008 MCU 06-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER oU;ridi~ '\ v \ .IO.\HO l' V ;r ~.... ' ~~t~.... ..' . ~'-.".~fI..,-,,,,:"i:~~ lJi.~ In the Matter of the Request for Rezone of 8.96 acres from R-4 to L-O (7.20 acres) & C-N (1.76 acres) zones and Conditional Use Permit Modification to Remove the Requirement for Detailed Conditional Use Permit Approval for Development on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12, by Farwest, LLC. Case No(s). RZ-06-008 & MCU-06-002 For the City Council Hearing Dates of: January 23, 2007 & February 6, 2007 (Findings on the February 20, 2007 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-008 & MCU-06-002 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Elevations, and the Conditions of Approval, all in the attached Staff Report for the hearing date ofPebruary 6,2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and based upon the above and foregoing Pindings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone as evidenced by having submitted legal descriptions for the L- a and C-N zoned properties, stamped by Wayne K. Barber, PLS and dated 12/21/06, is hereby conditionally approved; and, 2. The applicant's Conditional Use Permit modification to remove the requirement for detailed Conditional Use Permit approval for development on Lots 41-45, Block 49, Lochsa Palls Subdivision No. 12, is hereby conditionally approved; and, 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date ofPebruary 6,2007, incorporated by reference. D. Attached: Staff Report for the hearing date ofPebruary 6,2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-008 & MCU-06-002 By action of the City Council at its regular meeting held on the f=e..,rt<l)~ ,2007. 2~ Q day of COUNCIL MEMBER DAVID ZAREMBA VOTED ~ VOTED fjvv COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED k Attest: 21~~JlI" -y~ 6) ~ ~ ,~~ ~ '1:~ ., 1 s\ ..0 $ ,- ~~ '-'-'-..- ~ .c\'- "-,,.... ~ ~ , Copy served upon Applicant, The PlannIng '~Dt~'Public Works Department and City II/ ,,"1\\ Attorney. By: 3hClAn~ ~.\"'-'~--te-;> City Clerk Dated: 02-lL-Qc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-008 & MCU-06-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 STAFF REPORT Hearing Date: February 6,2007 (Continued from January 23, 2007) Mayor & City Council otGridi~ \ \ JlJAHO j ~ ' III ,J)~.~ 1 TO: FROM: 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 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. . MCV-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 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 Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 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. Staffhas 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 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. The Meridian Plannin2 and Zonm!! Commission heard these items on December 21. 2006. At the public hearin2 they moved to recommend approval. a. Summary of Commission Public Hearine:: i. In favor: Brian McColl (Applicant's representative) ii. In opposition: None iii. Commentine:: Jav Anderton (Representative of Challene:er Schools who owns Lots 41 & 42) iv. Staff presentine: application: Sonya Watters v. Other staff commentine: on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. Cross-access to property to the east (Knie:ht Hill Center Sub.) ii. Buildine: setback from centerline of Chinden Boulevard (135 feet) c. Key Commission Chane:es to Staff Recommendation: i. Provide cross-access to the property to the east d. Outstandine: Issue(s) for City Council: i. Buildine: setback from centerline of Chinden Boulevard (135 feet) (see Exhibit B. condition 1.4) The Meridian City Council heard these items on Januarv 23. 2007 and Februarv 6. 2007. At the public hearinl! on Februarv 6.2007. thev approved the subiect RZ and MCU reouest per the conditions listed in Exhibit B of the staff report. .&. Summarv of City Council Public Hearinl!: i. In favor: Brian McColl. (aoolicant's reoresentative) n. In oooosition: None ill. Commentinl!: None iv. Written testimony: None v. Stafforesentinl! aoolication: Anna Canning vi. Other staff commentine: on annlication: None h. Kev Issues of Discussion bv Council: i. Buildine: setback from centerline of Chinden Boulevard (135 feet) n. Cross-access to property to the east (Knie:ht Hill Center Sub.) .to Kev Council ChanfJes to Commission Recommendation: i. Nn.n.e Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-008 and MCU-06-002 as presented in the staff report for the hearing date of February 6,2007, with the following modifications to the conditions of approval: (Add any proposed modifications. ) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 008 and MCU-06-002 as presented during the public hearing on February 6, 2007, 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 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 pennit/planned development to remove the requirement for detailed conditional use pennit approval would reduce the number of mmecessary public hearings for both the Planning Commission and prospective buyers of the subj ect 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 Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 pennit/platllled development as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning & Zoning Conunission and City Council on this matter. b. Newspaper notifications published on: September 18 and October 2, 2006 (Conunission); January 1. 2007 and January 15. 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: September 8, 2006 (Commission); December 29. 2006 (Citv Council) d. Applicant posted notice on site by: September 25, 2006 (Conunission); January 8. 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: The area along this portion of Everest Lane (private lane) is developing with office uses. Residential uses to the south and west of the site are rapidly being constructed. c. Adjacent Land Use and Zoning: 1. North: Currently agricultural land, approved Knight Sky Estates Subdivision, zoned R-4, TN-C and C-C. 2. East: Currently agricultural land, approved Knight Hill Subdivision, zoned C-G. 3. South: Single-family residential in Lochsa Falls Subdivision, zoned R-4. 4. West: Future office buildings in Lochsa Falls (Hastings) Subdivision, recently rezoned to L-O. 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. - On December 17,2002 the City Council approved a Conditional Use Pennit/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-4 zone in certain areas specified on the Planned Development conceptual site plan. Condition of Approval A.3. of CUP-02-012 states: "The office lots in Block 1 and the office/commerciallots 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 Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 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 Pennit (CUP-06-008) was approved for the construction of eight buildings on theses lots consisting of a total of approximately 38,500 square feet of office space.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a sewer main in Everest on the south side of this property. Location of water: There is a water main in Everest on the south side of this property. Issues or concerns: None. 2. Vegetation: N/A 3. Flood plain: N/ A 4. Canals/Ditches/Irrigation: The Simpson Lateral which runs through Lot 43 on this site has been tiled. All other inigation 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 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. Lochsa Falls Office Park RZ-06.008 & MCU-06-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use Community". In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where 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/commerdal 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 offmal 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-2Iists 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: C-N: Animal care facility (P); indoor arts, entertainment or recreation facility (P); building material; garden equipment and supplies (C); church (P); group daycare (P); drinking establishment (C); financial institution (P); privatelpublic education institution (PIC); fuels sales facility (C); health care or social services (P); hotel and motel (PIC); 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 Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 (P); daycare center (P); group daycare (P); private/public education institution (P/C); financial institution (P); health care or social services (P); hospital (C); information industry (C); light industry (C); Laundromat (C); multi-family development (C); nursery or urban farm (C); nursing or residential care facility (C); personal or professional service (P); public or quasi-public use (P); restaurant (C); vertically integrated residential project (C); wireless communication facility (C); and stealth wireless communication facility (P). b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone primarily because City staff requested that the zoning match the future uses on the property. The applicant is currently entitled to office and commercial uses as designated on the previously approved conceptual development plan, subject to Conditional Use Permit approval. The applicant has requested a rezone from R-4 to C-N zone for all of the subject lots; however, staff recommends a rezone to L-O for Lots 42-45 and C-N for Lot 41 for the following reasons: 1.) The Development Agreement approved for this subdivision allows for the construction and development of "11 office buildings and 1 commercial building" (Note: Staff interprets "buildings" to mean "lots") for the commercial portions ofthe 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 42A5 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 consistent with the approved Planned Development. The applicant held a neighborhood meeting and no one submitted objections or attended the meeting. Based on the policies and goals contained in the Comprehensive Plan and the Mixed Use Community land use designation on the Comprehensive Plan Future Land Use Map, Staff believes that the rezoning of Lots 42-45 to L-O and Lot 41 to C-N is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on May 22,2006 by Wayne K. Barber, PLS) shows the property within the existing corporate boundary of the City of Meridian. However, the submitted rezone description only proposes the C-N zone. Prior to the rezone ordinance approval, the applicant should be required to submit new legal descriptions for this property, one for the L-O properties and one for the C-N property. Prior to the City Council hearine. the applicant submitted revised leeal descriptions for the L-O and C-N zoned properties (see Exhibit C). Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 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 pennit approval for these lots should be allowed. Please see Exhibit D for detailed analysis of facts and findings. This CUP modification request is to modify Condition #3 from CUP-02-012 to read as follows: "The office lots in Block 1 aaEl tlte affiee/eammereial lots in Bloek 5<1 shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends eaeh af these two (2) this 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." Note: CUP-06-008 for Lochsa Falls Commercial eliminated the requirement for Lots 46 & 47, Block 49 (formerly Block 54) to obtain detailed CUP approval. Staff is including the above-mentioned modified condition along with previous CUP conditions of approval that are still applicable to the Lochsa Falls development in Exhibit B (1.11) of the Staff Report. Additionally, Staff has added conditions of approval that shall apply only to Lots 41-45, Block 49 (Exhibit B, 1.1-1.10). 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 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: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Since this development is adjacent to residential properties and future uses pennitted 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 Lochsa Falls Office Park RZ-06-008 & MCU-06-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 application (see Exhibit B). Staff doesn't feel that a limitation in the hours of operation for the L- a zoned property is necessary due to the less intense uses permitted in that zone. Building Elevations/Construction Materials: The applicant has submitted some sample pictures for potential buildings for this site (See Exhibit A). All of the building elevations are very different in design (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 (MCV) applications substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval ofthe 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. The Meridian Plannin!! and Zonin!! Commission heard these items on December 21. 2006. At the public hearine thev moved to recommend approval. The Meridian City Council heard these items on .Januarv 23. 2007 and Februarv 6. 2007. At the nuhlic hearin!! on Februarv 6.2007. they annroved the subiect RZ and MeU reouest. ner the conditions listed in Exhibit B ofthe staff renort. 11. EXHmITS 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 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 A. Drawings 1. Final Plat showing subject lots proposed to be rezoned (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12) 1-"-"'""' "".._----'"..__.,'-_.,~~" ~'~.,.--..,'-~,~~- o.\oo-nz.. ....J"""'~ "I."~ or. "---.,'--"'--..,..;:,'" .~;:.-:,..~ ,... ~"""--'1 LOCHSA F~LLS. SuBDIVISION NO. 12 <:~~~j~~~N~r~~~~o .. PORI~ cr~ HI: 1/_ OF S!.t:Jal H . r." (I: 'w D.IL . '~,N.t.a'eQYH"",1)aNQ 200e.- liAacc.s QCDa:I!:lUrt'u. me. c:o~g~w.;~ 1~~~:~l.1~;' ~~f;'~J::~ .- .~. .. - -"- " .- " - ~~\ _<ll. !I ~' ~nil,:ti ,..~Ji ;!~I ; ,.i , , I. ~. . 91 '~I: . ", ~.~ if f 10 I D ~~ !&~ ~~:~:~ I If ".10/ ... ~<'I ~"I\ "" I 1 l..!:<l~r.ll r'tI \\.~~=.j,j UI'):~' &i 1tiMt~'QII.1illW!&lUl"R;I.t.!IIJ\t)j' Ff!}l"W"ElllUIt~UI' .~'ll1"llt..!!IIII~ft.6I::f~ oa.iIlI'-VI"~-..fUt4-0llllt~. mw;. I#, .IQW"jIu if4-i ~ ~ 1I11l1Yi~~:JIlln",ll~.Il:Ik.t;"!H; l'~un.lllllK"I~'IIUWIIII'.'~ ~~_II\llllir~ ~Bll;ll,l;n:":1 ~----..~WJNl/!t(11tI . . ~ -. -" ~.- .~ ~la CIfI-~....,tM ._._~~. ~Utl~lj -" ljJJ"lllt ~.__._--- ~ r.iUWMftlllf" .._~.~- lJI!IK W: ~iI(~ ,. ...~..._.__'"~...'M..._"."~__'"'~~ ~ ~ ~ I~ ~ n ~~ -"E=-'~':::;j. ~"~ll ~~rli"& ! '-:w 3 -""'.,~" --- """~-,__ -.!~~~~.i::!?~' ____; Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 2. Sample Elevations of Future Buildings Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval for Lochsa Falls Subdivision (Development Agreement Inst. No. 103012598 and Addendum Inst. 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 The applicant shall complete a cross-access a2reement with the property owner to the east. 1.3 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of building permit submittal. 1.4 All future buildings on this site shall be setback in accordance with ITD's right-of-way requirements for Chinden Boulevard (currently 100-feet from centerline) and the City's requirements for landscape buffers adjacent to Chinden Boulevard (35 feet). 1.5 All future buildings on the site shall substantially comply with the elevations shown in Exhibit A of the Staff Report, as determined by the Director. If it is determined that any future building does not substantially comply with the approved elevations, it shall be subject to Conditional Use Permit approval. 1.6 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (Czq. 1.7 All future structures on the subject property, which are adjacent to an entryway corridor (Chinden Blvd.), shall comply with the Design Standards in tIDC 11-3A-19C. 1.8 Hours of operation for businesses located in the C-N zone shall be limited from 6 am to 10 pm. 1.9 Construct a five-foot wide sidewalk on the north side of W. Everest Lane on the southern boundary of the subject property, as none currently exists. 1.10 Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12 shall not be subject to detailed Conditional Use Permit approval as previously required by CUP-02-012. 1.11 The previous conditions of approval for CUP-02-012 that are still applicable to the Lochsa Falls development are as follows: . Applicant shall meet all of the requiremeuts of the preliminary plat (pP-02-009) as a condition of the Conditional Use Permit. . The proposed 171 unit multiple-family housing project within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. . The office lots in Block 1 aDd tile effiee/eeBHBereial lets iD Bleek S~ shall be required to apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff recommends eaell af tllese twa (2) this 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 the overall PD concept. Note: CUP-06-008 eliminated the requirement for Lots 46 & 47, Block 49 (formerly Block 54) to obtain detailed CUP approval. · The office/commercial lots in Block 1 and Block 49 (formerly Block 54) shall be required to submit for a Planned Sign Program prior to construction of any signs on these lots. The number of future office/commercial signs along Chinden shall be restricted to no more than two (2) signs and the number along McMillan shall be restricted to no more than one (1) sign. All signs for office or commercial use shall be limited to the L-Q standards in the Sign Ordinance. · All site improvements (landscaping, irrigation, etc.) for the 6-acre park/pond area in Lot 1, Block 39 shall be complete prior to the issuance of the 250th occupancy permit for the subdivision. · The applicant shall be required to maintain the pond(s) in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). · All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently has sewer and water mains installed along its frontage and the mains were sized for the uses being proposed. Public Works has no concerns with the rezone applications. 3. FIRE DEPARTMENT 3.1 The 5 office/commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 C. Legal Description DESCRIPTION FOR REZONE LOT 41. BLOCK 48 TO ZONE C-N LOCHSA FALLS SUBDMSION NO. 12 December 21, 2006 A PARCEl OF LAND LOCATED IN THE NE 1/4 OF SECTION 26. TOWNSHIP 4 NORTH. RANGE 1 WEST OF THE BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY. IDAHO, BBNG MORE PARTICULARlY DESCRIBED AS FOllOWS: BEING LOT 41, BlOCK 49, OF LOCHSA fALLS SUBOMSION NO. 12. AS RECORDED IN BOOK 92 OF PLATS, AT PAGES 10968 TO 10960. RECORDS OF ADA COUNTY, IOAHO. SAID PARCEL CONTAINS 1.16 ACRES. MORE OR LESS. WAYNE KBARBER. P.LS. No. 8448 ~ ~.~ ~KS tIE" 40403-REZO;-';L-C-N.dvc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23.2007 DeSCRIPTION FOR REZONE LOTS 42045, BLOCK. TO ZONE L'() LOCHSA FALLS SUBDMSION NO. 12 December 21. 2008 A PARca OF LAND LOCATED IN THE NE 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDiAN. ADA COUNTY. IDAHO. BeiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOTS 42 THROUGH 45, BLOCK 49. OF LOCHSA FALLS SUBDIVISION NO. 12. AS RECORDED IN BOOK 92 OF PLATS. AT PAGES 10958 TO 10960, RECORDS OF ADA COUNTY. IDAHO. SAID PARCEL CONTAINS 7.2.0 ACRES, MORE OR LESS. WAYNE K BARBER. P.L.S. No. 8448 ...~~~~~ :~ I t. ... ..\'\Iv tJti.$~ at'" 40403-R~~E.L.O.&:'IC Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 jl ,~i IDl8CIoI : '" 'an! I'l<<16 .. 5CtI' '1 0; , ; ~ EXHIBIT '"B" I I I I I I I I,. Ii ,; I __ DIIIBrr LOCHSA FALLS SUBDMSlONNO. 12 ......... 21 TM. ...... 8.IL BRIGGS ENGI~rERING. INC. CS}l EJrIOMps PI.NitlDIS ~ ...". ~ _ tllClSl M(J &17;1$' ~1llO EXH I BIT B llMl ~ tIC NO. SCAI.(; lIEZONE1 08/17/01 DPW 404CJ;5-REZON[2 ,. - 2W ... ,._,._,,.!!!!l.,,,,"... __"..."..."........ Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C-N. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan, but not with the previous AZ and CUP approvals on this site. A rezone to C-N for all ofthe subject lots would not comply with the uses shown on the conceptual site plan that was approved with the Planned Development. Rezone of the property to L-O for Lots 42-45 and C~N for Lot 41 would be consistent with the previously approved uses on these lots, as well as the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that professional and personal services (offices), fmancial 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. The Council 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; The City Council 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 detennining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Please see Exhibit B for additional comments from service providers in this area. 2. Conditional Use Pennit 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 JANUARY 23, 2007 Staff recommends the Commission and Council 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. The City Council 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. The City Council fmds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the uses in this development should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council fmds 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 detemrine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council 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. The City Council 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. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23.2007 The City Council recognizes that traffic and noise will increase with the approval of future uses in this location; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The City Council does not anticipate the future uses will create excessive noise, smoke, fumes, glare, or odors. Staff fmds that the proposed uses will not be detrimental to people, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this use proposal that should be brought to the Commission's or Council's attention. The City Council finds 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