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HomeMy WebLinkAbout7/19 Staff ReportCITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 STAFF REPORT Hearing Date: July 19, 2007 (Continued from July 5, 2007) TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Devon Park Flex Space • MCU-07-002 <-rrv ~ar• ~~ ~~ ~ ~~~.~-~~;~ ~y13 2 C~~ ~~ .,~.,~~:~ ~'IQ ~~ridi~ ~~CQ Modification of the Existing Conditional Use Permit (CUP-OS-023) for Devon Park Subdivision No. 3 to Allow Flex Space with Overhead Doors on Lots 26, 27, 28, and 29, by Fairview Lakes, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Fairview Lakes, LLC, is requesting to modify the existing Conditional Use Permit (CUP-OS-023) to allow for flex space use on Lots 26, 27, 28, and 29, of Devon Park Subdivision No. 3. If the subject CUP Modification is approved, all other previous conditions of approval would remain the same. The proposed flex space would consist of warehousing/storage and showroom space with overhead doors. The subject property is zoned R-40 and was previously approved for office uses through the planned development for this site. A rnpdification to CUP-OS-023 is necessary because flex space is listed as a different use than professional services (offices) in UDC Table 11-25-2. Offices are a permitted use in all of the commercial zones (C-N, C-C, C-G, and L-O); however, flex space is only permitted in C-C and C-G zones. Property for offices use is typically zoned L-O (Limited Office); flex space is a UDC prohibited use in the L-O zone (see Analysis, Section 10, of this report). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested Conditional Use Permit Modification (MCU) application below. Staff recommends denial of MCU-07-002. for Devon Park Flex Space, as presented in the Staff Report for the hearing date of .Iuly 5, 2007, based on the Findings of Fact as listed in Exhibit C. The Meridian Planning and Zonin~_Commission heard this item on .Iuly 5 2007. At the ublic hearin the directed Staff to re are conditions of a royal and findings. for_ap~roval. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 07-002, as presented in the staff report for the hearing date of July 19, 2007, with the following rnadifxcations to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MCU-07- 002, as presented during the hearing on July 19, 2007 (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Legal staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on August 2, 2007. Devon Park Sub3 MCU-07-002 Page 1 CITY OF MIrItIDIAN PLANNING DEPARTMENT STAFF REPORT FpR THE HEARING DATE OF .TULY 19, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU-07-002 to (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: 1875 N. Lakes Place Lots 26, 27, 28, and 29 of the proposed Devon Park Subdivision No. 3 Located in the south z/z of Section 6, Township 3 North, Range 1 East. b. Owner: Fairview Lakes, LLC 1124 Santa Marna Boise, ID 83712 c. Applicant: Same as Owner d. Applicant's Representative: Doug Tamura (Owner/Applicant) e. Present Zoning: R-40 (High Density Residential) £ Present Comprehensive Plan Designation: Mixed Use - Comnnunity (MU-C) g. Description of Applicant's Request: The Applicant is requesting a modification to CUP-OS-023 to allow for flex space, warehousing/storage and show room space on Lots 26, 27, 28, and 29 of the proposed Devon Park Subdivision Na. 3. The modification would allow installation of overhead doors only on the lots requested. All other previous conditions of approval would remain the same. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-5A-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: June 1$, 2007 and July 2, 2007 c. Radius notices mailed to properties within 300 feet on: June 12, 2007 d. Applicant posted notice on site by: June 25, 2007 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: The adjacent lots to the south and east are zoned R-40 and are in the development process. Residential homes in Fairview Terrace exist to the west of the site. c. Adjacent Land Use and Zoning 1. North: Assisted Living and Alzheimer's Facilities, zoned R-15 Devon Park 5ub3 MCU-07-002 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 2. East: Vacant (approved for office uses), zoned R-40 3. South: Vacant (approved for office uses), zoned R-40 4. West: Residential homes in Fairview Terrace mobile home park, zoned R-8 d. History of Previous Actions Pertaining to this Site: - The subject property was annexed (AZ-02-011) in 2002 and zoned R-40. A Development Agreement was recorded at that time (Instrument No. 102143306). - A Planned Development (CUP-02-014) was approved in 2002 for Fairview Lakes (aka Devon Park) fora 192-unit apartment complex, clubhouse, and commercial/office buildings consisting of 114,500 square feet of commercial uses and 15,000 square feet of office uses. - A Conditional Use Permit modification (CUP-03-014) was approved in 2003 for detailed approval of a 96-unit apartment complex, 52,250 square feet of office space, and conceptual approval of 122,000 square feet of commercial space adjacent to Fairview. Office uses were approved in the R-40 zone with this application. A Development Agreement modification was also approved (Instrument No. 103097614) at that time. (This CUP replaced CUP-02-014.) - A Conditional Use Permit (CUP-OS-023) was approved in 2005 for apublic/quasi public use (the DMV) and for detailed site plan and building elevation review and approval of the previous conceptually approved office park, with amended setbacks as follows: Front yard with common lot - 0' Interior side yard - 10' North property line contiguous to Fairview Lakes Apartments - 10' Rear setbacks contiguous to the Settlers Village Subdivision - 15' Setback from North Lakes Place - 20' - A Preliminary Plat (PP-OS-O1$) was approved in 2005 for Devon Park Subdivision No. 3 consisting of 16 commercial building lots and 1 common lot on 3.26 acres, zoned R-40 and C-G. This PP re-platted a portion of the property platted with PP-02-034. - A Final Plat (FP-06-015) was approved in 2006 for Devon Park Subdivision No. 3 but has not yet been recorded. Note: A building for John Flaherty Construction (CZC-OS-091) was approved in 2005 along the east side of the Devon Park development that contained an overhead door on the side elevation. This approval was granted in error. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: North Lakes Ave Location of water: North Lakes Ave Issues ar concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA Devon Park Sub3 MCU-07-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMI~NT STAFF REPORT FOR THE HEARING DATE OF .IDLY 19, 2007 £ Conditional Use Information: 1. Non-residential square footage: 8,000 square feet (4 buildings) 2. Hours of Operation: 5:00 am to 6:00 pxn g. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): Primary access to the site is provided from Fairview Avenue via N. Lakes Place. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On June 15, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Community." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitianing areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The following standards apply to the MU-C category: 1) Up to 25 acres may be non-residential uses and 2) Up to 200,000 square feet ofnon-residential building area is allowed. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Plan for a variety of commercial and retail opportunities within the Impact Area (Goal I, Objective B, Chapter VII, page 109). The proposed use of the property would contribute to the variety of commercial uses within the impact area. However, staff does not believe that the proposed use appropriately contributes to the mix of commercial uses in this area. Encourage compatible uses to minimize conflicts and maximize use of land (Goal IV, Chapter VII, page 112). Staff does not believe that the proposed flex space on the subject lots is compatible with the abutting residential properties and will create conflicts because of the noise that is typically associated with loading and unloading of materials that require the use of overhead doors. Further, Staff does not believe that the proposed use is compatible with the future office uses approved on adjacent lots for noise related reasons and appearance of the building facade with the overhead doors. • Require screening and buffering of commercial and industrial properties and residential use with transitional zoning (Goal VI, Objective A, Action 6, page 112). Staff does not believe that an adequate buffer is provided between the existing residential uses on the north and west property boundaries and the proposed flex space buildings. The lots abutting the west property boundary were approved for a reduction in standard buffer Devon Park 5ub3 MCtJ-07-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 width of 20 feet to 15 feet. The dots on the north boundary were approved far a reduction in buffer width from the 20 feet to 10 feet. Because the proposed flex use is more intense than a traditional office use, Staff feels that a more substantial buffer and transition in zoning should be provided for the flex space use as originally intended by approving office uses adjacent to the residential uses with commercial (C-G zoned) uses further to the south. Staff believes that the proposed use is not consistent with the Plan's intent of providing compatible land uses between properties. Further, Staff does not believe that the proposed use is compatible with the uses desired for the MU-C land use category which provide for day-to-day service oriented businesses that serve the community. 9. ZONXNG ORDINANCE a. Allowed Uses in Commercial Districts: This property is currently zoned R-40, but was previously approved for office uses. Staff believes that if this property were zoned to reflect the land uses approved with the PD, it would have an L-O zoning district designation. This belief is based on the close proximity of the residences to the property and the "office" uses that were allowed with the PD approval. UDC Table 11-2B-2 lists permitted, accessary, and conditional uses in the commercial zoninng districts (C-N, C-C, C-G, and L-O). Professional Services (offices) are permitted uses in all of the four commercial zoning districts. Flex space is a permitted use only in the C-C and C-G districts and is subject to specific use standards (UDC 11-4-3-18) as follows: Retail use shall not exceed 25% of leasable area in any tenant space. FZex space is prohibited in the L-O and C-Nzoning districts. UDC 11-1A-1 defines Personal and Frofessional Services as follows: "The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to beauty and health care services such as salons, hair, nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies. The term does not include health care and social service." UDC 11-1A-1 defines Flex Space as follows: "The use of a site for warehousing, offices, and/or retail showroom. Flexibility in use of the interior spaces and low-scale, attractive exterior appearance characterize flex buildings." 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 proximity to streets and highways. 10. ANALYSIS ~. Analysis of Facts Leading to Staff Recommendation: CUP: The Applicant is applying for a modification to CUP-OS-023 to allow for flex space uses on Lots 26, 27, 28, and 29, of Devon Park Subdivision No. 3. The flex space is proposed to consist of warehousing/storage and showroom space with overhead doors on the front elevation. If approved, all other previous conditions of approval for this project would remain the same. Note: A building for John Flaherty Construction (CZC-OS-091) was approved in 2005 along the east side of the Devon Park development that contained an overhead door on the side elevation. This approval was granted in error. The subject properties are zoned R-40 and were previously approved for office use through a Devon Park Sub3 MCU-07-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 planned development for this site. Per UDC Table 11-2B-2, flex space is listed as a different use than professional services (offices) and is only permitted in the C-C and C-G zoning districts. The approved office use of the property is zuost comparable to the L-O (Limited Office) zone, in which flex space uses are prohibited. The L-O zone is the City's least intense commercial zone. The planned development for Devon Park was approved with office uses in this portion of the development to provide a transition, or a buffer, between the residential uses to the north and west, and the commercial uses (zoned C-G) to the south. The UDC contains specific use standards (see above, Section 9, and UDC 11-4-3-18) for flex space uses. Retail uses are not allowed to exceed 25% of leasable area in any tenant space. The Applicant has submitted a floor plan (see Exhibit A.4) that shows future warehouse/showroom area in excess of 25% of the tenant space. Showroom area is considered retail space because items displayed are available for retail sale. The Comprehensive Plan Future Land Use Map designates the subject lots as Mixed Use - Community (MU-C). Sample uses in the MU-C category include the following: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medicaUdental clinics, retail/gift shops, schools, parks, churches, clubhouses, public uses, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, department stores, etc. All of the afore-mentioned uses serve the day-to-day needs of the community. Staff believes that the proposed flex space use is not consistent with these types of uses and would be more appropriate in a commercial or industrial designated area. Staff believes the proposed use will not be compatible with the adjacent residential uses that border these properties on the north and west boundaries because of the activities and equipment that are associated with this type of use (noise from loading and unloading of materials via the proposed overhead doors). Further, Staff does not believe that the proposed use is compatible in appearance or use with the intended office use of the property or the other uses in the general vicinity, especially with the overhead doors on the front facade, and will adversely change the character of the area. Per UDC h 1-hA-1, flex space is intended far flexibility in use of interior space and low scale, attractive exterior appearance. Staff believes that the proposed overhead doors would not provide an attractive exterior appearance to these buildings as intended with flex space uses. Further, Staff believes that the proposed use will adversely change the essential character of the area. As noted above, a building was previously approved in this development in error that contained an overhead door. Staff does not feel that the previous approval should set a precedence and does not believe that further approvals of this nature should be allowed. For the above-stated reasons and per the Findings listed in Exhibit C, Staff is not in support of the requested MCU. Hours of Operation: The proposed hours of operation for the flex space use are from 8 am to 6 pm (the application did not specify days of the week). Building Elevations: Elevations of the proposed building were submitted with this application and are attached in Exhibit A.3 of this staff report. The elevations depict overhead doors on the front elevation of the proposed building, which is not consistent with the approved office use of the property or the proposed flex space use. b. Staff Recommendation: Staff is recommending denial of MCU-07-002 for Devon Park Flex Space, as presented in the Staff Report for the hearing date of July 5, 2007, based on the Findiugs of Fact as listed in Exhibit C. The Meridian Planning and Zoning Commission heard this item on Jul S 2007. At the ublic hearin the directed Staff to re are conditions of a royal and findin s for a royal. Devon Park Sub3 MCU-07-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 11. EXIIIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan 3. Building Elevations for Proposed Flex Space 4. Floor Plan 5. Overhead door constructed on the Flaherty Construction site B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from the Unified Development Cade Devon Park Sub3 MCU-07-002 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 A. Drawings 1. Zoning/Vicinity Map Exhibit A Fage 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 2. Site Plan ~~-- l~T~:,~a- r a '~~~'r.~.: w ~...'4+.~:. ` ,~+y~ ! ~ ~ * ~ ~ ~ ~ ~ ~ ~ ~,~a~ ` 6 CAPE ~ FFER '~ -- ;,~~ ~: - - __~_._ ~ ~:~.1l.~T~?E~:~:~:: T ':~f`~:~~'_ _ ~ 1 er yip +~y ~ ~ _': ,. ~"' ~~ s a se d d { 6 / i~ F g~ ~ / LOTS/ R-~'O ~ t17 LeJ Y + ; ~. ~ ~ .. .., D :.:. .~ ~ :.: ~ z ~ ' ~2U` ~ Exhibit A Page 1 r~Wi~~~i~~iri.i~iiiiirE.*~- CITY OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HEARING DATE QF JULY I9, 200"7 +i~~ 1 m,~-, ~naoT® ~:.;~~ ~ ~~ ~~,~ ;Ld ~'a ~~~ a~ J A~.Q 3. Building Elevations far Proposed Flex Space Exhibit A Page 1 3 ~ ~~~~ µ•- ~v ~r FI FVa~ ~w.~v CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 4. Floar plan Future Warehouse/Showroom ~~~ L ~ J 9 I 1 I I I ~ i • _ I I i J r_~ L Q J -~_._________ 0 0 - ~~ Y 6 + ' - ~ \ f • l 1 5 - / - 4 e~~ ~ ~ r T ~ 1 _ ~ ~ ~,I c ,_,. _ v _ I ~ i, ~4' Mf ~ r- - ~ 114' ~ Y-1d L-~ .J L. . .J i ~ ~ a ~- ~ ~ ~ r4 Y-P ~ O _- _ ~ I ~ I ~ ® 4 { 4~ I ~ y I A I I ~ ~ a al { { I ~~ I - - ~'b' ca' ~ u•-io• n~c ia'-i I ~ ~~ ___ O s w 3~ ~ 4 1 9 ~ rc ~ © I ~ ~ D u Me ~I ~~ ~~ ra• r.• rr• ry ra• rs e~~r ~r~ ~r-t wJr Exhibit A Fage 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 5. Overhead door constructed on the Flaherty Construction site Exhibit A Page 1 r ' ,~ , Y 9 ~;. ~~~ y. ~ 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING 'DATE OF JULY 19, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The applicant shall be allowed to construct flex space buildings with overhead doors on Lots 26, 27, 28, and 29, Devon Park Subdivision #3. The Applicant shall comply with all previous conditions of approval of Fairview Lakes/Devon Park applicable to this site and the conditions of approval of the subject CUP contained in this staff report. 1.2 The hours of operation for the businesses on the subject sites shall be limited to the hours between 6 am and 10 pm. 1.3 The use of hysters, forklifts, and similar equipment shall not be allowed outside of the structures on the subject sites. 1.4 One roll-up loading door is allowed for each building on the subject properties in compliance with the proposed building elevations shown in Exhibit A. Said roll-up doors shall not exceed 8 feet in height and shall include windows/glazing similar to the overhead door constructed on the Flaherty site, shown in Exhibit AS of this report. 2. PUBLIC WORKS DEPARTMENT 2.1 No manholes or water valves shall be allowed in the landscape islands. 2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payrrrent of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.3 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.4 hloodplain: Any work or improvement within the floodway or £loodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 2.5 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The hire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTM$NT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5 3.3 All common driveways shall be straight or have a turning radius of 28' inside anal 48' outside and shall have a clear driving surface which is 20' wide. 3.4 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code (roll-up doors are not exit doors). 3.5 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has na concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 19, 2007 C. Required Conditional Use Permit Findings from the Unified Development Cade The Commission shall base its determination on the Conditional Use Permit request upon the following: t. 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 site is large enough to accommodate the proposed use. The site was previously approved fpr a reduced buffer between land uses along the western property boundary to 15 feet from the required 20 feet for L-O zoned properties adjacent to residentially zoned properties (L-O being the most comparable zone for the approved use). Staff is unable to deterrx~ine if the buildings proposed for the subject lots comply with all building setbacks as the Applicant did not submit a scaleable site plan. The applicant will be required to comply with all dimensional standards of the UDC (except for the amended setbacks previously approved with CUP-OS-023) prior to issuance of Certificate of Zoning Compliance for each building on the site. Staff recommends the Commission rely on Staffls 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 Commission fords that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The property is currently coned R-40 but was approved for office use through CUP-03-014. The Commission finds that the proposed flex space use is consistent with the office uses that were approved on this site as part of the PD (see Sections 8, 9, 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 Commission finds that the proposed flex space use would be a compatible use on the subject properties, which are adjacent to residential properties to the west and north. Per UDC 11-1A-1, flex space uses are intended for flexibility in use of interior spaces and low scale, attractive exterior appearance. The Commission finds that the proposed overhead doors would provide an attractive exterior appearance to these buildings. Further, the Commission finds that the proposed warehouse/storage and show room space with overhead doors is compatible with other uses in the general neighborhood and with the intended character of the general vicinity. The Commission finds that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed use of the subject properties for flex space with overhead doors will not adversely affect other property in the area. S. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATF, OF JULY I9, 20U7 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. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to auy persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use will not involve activities, equipment, and conditions of operation that will be unfavorable to adjacent residences. The Commission should rely upon any public testimony provided to determine if the proposed use will create excessive production of traffic, noise, smoke, fumes, glare, or odors. 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. The Commission fmds that there should not be any health, safety or environxnental problems associated with the proposed use. The Commission 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 C Page 2