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HomeMy WebLinkAboutResponse to Staff ReportI~~n rt.~.~~ Corn.r-~er~~cQ 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation pug a ~ ~aa~ (:;I - ~ tJr P~~~:4~~~i~ COMPREHENSIVE PLAN AMENDMENT & REZONE The applicant is proposing to amend the current Comprehensive Plan Future Land Use M~pi ~ ~~ ~-~ ~-- ~ ~ ~ ~ F s° ~ ~ ~- designation for all of the subject property (33.59 acres) from "Industrial" to "Commercial." Additionally, the applicant is proposing to rezone the portion of the site platted as Kennedy Commercial Center Subdivision (27.17 acres) from I-L to C-G (the Western Electronics/DBSI portion of the site is not proposed to be rezoned). The RZ is contingent upon the CPA request being approved. See Exhibit A.1 for a boundary map of the proposed CPA & RZ. In 2001, a planned development/conditional use permit (CUP-01-009) was approved for the entire site that allowed for daycare, office, and retail uses with conditional use permit approval in the I-L zone. The conditions of this CUP run with the land and are still in effect. Approval of the subject map amendment and rezone would allow the applicant to construct a 35,000 square foot adult education and office facility on one of the lots within Kennedy Commercial Center Subdivision for rent by the University of Phoenix. Education institutions are a prohibited use in the I-L zoning district but are a principal permitted use in the proposed C-G zoning district. Approval of a map amendment and rezone would make the zoning more consistent with the land use approved with CUP-O1-009 on the Kennedy Commercial Center Subdivision property. Additionally, a map amendment to commercial would be consistent with adjacent existing commercial uses to the east. Although, the industrial use and zoning of the Western Electronics/DBSI property would remain and be inconsistent with bordering commercial uses, if/when the property redevelops, the property would be able to develop commercially and would be more compatible with adjacent commercial uses. Also, the highly visible location of this property adjacent to Interstate 84 makes it more desirable for commercial use rather than industrial use. Staff believes that the proposed CPA & RZ request complies with the purpose statement of the C-G district as stated above in Section 9. Please see Section 8 above and the Findings in Exhibit C below for Staffs analysis regarding the CPA amendment. The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6111/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Access: The property contained in the CPA application has frontage on E. Overland Road, I- 84, and S. Tech Lane (a private street). Access is provided to both of the properties (Western Electronics/DBSI and Kennedy Commercial Center Subdivision) from S. Tech Lane. The Western Electronics/DBSI parcel also has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. Building Elevations: The applicant has submitted conceptual building elevations for the proposed 2-story school building; 1-story, 2-story, and 3-story office buildings; single story restaurant building; retail building with 2-story option; and single-story bank. The building materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. The proposed building elevations with construction materials are included in Exhibit A.3 of this staff report. Staff has reviewed the proposed elevations and building materials and believes they represent high quality design and materials. Staff approves of the building elevations as proposed and is including a DA provision that future buildings constructed on the site include the materials fozrnd in the elevations and comply with~e design review standards in ef,~ect at the time of development. __-.--- Deleted: theseelevadonswd Note: Metal shall only be used as an accent material. Conceptual Site Plan: The applicant has submitted a conceptual site plan showing how Kennedy Commercial Center Subdivision, the property proposed to be rezoned, may develop in the future. Two 3-story office buildings consisting of 66K squaze feet (s.£) each, along with a 2-story office building consisting of 45K s.f., and a 2-story education facility consisting of 35K s.f. for the University of Phoenix aze depicted along the frontage of Interstate 84. Four office buildings consisting of 31,475 s.f., one bank building consisting of 7.SK s.f., one restaurant building consisting of S.SK s.f., and one retail building consisting of 14K s.f. aze depicted internally and adjacent to Overland Road on the site plan. The total squaze footage of commercial uses planned for the site is 270,475; the total number of structures planned for the site is 11. Staff approves of the proposed conceptual site plan as shown in Exhibit A.2. Landscaping: There is existing landscaping on the Western Electronics/DBSI site. Perimeter street buffer landscaping was required with the preliminary plat for Kennedy Commercial Center Subdivision. No landscaping improvements aze required at this 6me but perimeter and internal landscaping will be required upon development of the site. Certificate of Zoniog Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site prior to issuance of building permits or establishment of any uses. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Staff believes that a DA is necessary in this instance to ensure that this site is developed in accordance with the proposed conceptual site plan and conceptual building elevations. If the Commission or Council feels that additional DA provisions are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall include, at minimum, the following: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, including design review standards. 2. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall ~enerall~comply with the conceptual_ site plan _and _---.--- Deleted: sobshmeauy include the materials found in the building elevations submitted to the City as shown in Exhibit A.2 and A.3 of this staff report, as amended herein, and with the requirements of the subject Development Agreement._ The Citesacknowledges the ultimate owners and users of each parcel within the property will be determined by market demand, and therefore, the ultimate number and design of the buildings within the property may vary from those contained in Exhibit A.2 and A.3. Developer shall apply for a conditional use permit to~onstruct less than 8 and rg eater _;--.--- Deleted: c --------------- than _ 35 buildin s on this site. The maximum total squaze footage for all the_ ~~~~-- Deleted;ammimumor - - -g - ~ -- --- -- structures located within Kennedy Commercial Center Subdivision shall be limited - ~- Deleted: a m~~ of to to 324,570 sq. ft. (i.e. 120% of the square footage listed on the conceptual site plan). No single building shall exceed 80,000 sq. ft. without Developer obtaining a conditional use ~elmit. Further, no building shall exceed 3 stories in_height._ 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 5. The applicant shall comply with all applicable previous conditions of approval for this site, including those associated with CUP-01-009, PP-07-013, and FP-07-036. 6. The uses allowed pursuant to this agreement aze those uses allowed in the C-G zoning district listed in UDC Table 11-2B-2. 7. No change in the uses specified in this agreement shall be allowed without modification of this agreement. Staff believes thou the applicant's request to amend the future land use designation of this property to commercial and rezone a portion of the property (Kennedy Commercial Censer Subdivision) to C-G would be in the best interest of the City as it complies with the purpose statemeru of the commercial districts and specifically the C-G district. A commercial designation will allow the applicant to construct an education institution on the site, which will provide needed services within this area of the City. Staff believes that the location of the property is optimal for commercial, not industrial uses and as such, will provide a more attractive building fafade adjacent to a major transportation corridor into the City than industrial buildings likely would. Further, the proposed commercial designation and C-G zoning of a portion of the property should be compatible with the commercially zoned properties east of the site. Staff is in support of the requested CPA & RZ applications based on the Findings listed in Exhibit C of this staff report and the Analysis in Sections 8 and 10. Please see Exhibit C for detailed analysis of facts and ftndings for a CPA and RZ. b. Staff s Recommendation: Staff is in support of the CPA and RZ applications as proposed by the applicant. Staff is recommending approval of the applicant's request to amend the Comprehensive Plan Future Land Use Map to a Commercial land use designation and Rezone a 27.17 acre portion of the subject property to C-G as presented in the staff report for the hearing date of August 7, 2008. This recommendation is based on the Analysis in Section 10 and the Findings of Fact as listed in Exhibit C of this staff report. - - Deleted: No footprint fot a single building shall exceed 20% of the square footage shown on the conceptual site plea.