HomeMy WebLinkAboutResponse to STaff ReportPage 1 of 2
Tara Green
From: Richard H. Andrus [randrus@spinkbutler.com]
Sent: Wednesday, September 17, 2008 5:20 PM
To: Sonya Wafters; Tara Green; Machelle Hill; Jaycee Holman; Nancy Radford
Cc: C. Caleb Hood; Kathy Hall; Russell Merrill; adurrant@dbsidevelopment.com
Subject: RE: Kennedy Commercial Center CPA 8 RZ Rec's to CC for 9/23 Mtg
Follow Up Flag: Follow up
Flag Status: Green
Attachments: Kennedy Commercial Center CPA RZ (revised staff report).DOC
Sonya:
Thank you for providing us with a copy of the staff report. As we discussed before the Planning and Zoning
Commission, we generally agree with the staff report and the Commission's recommendation. We do have
several minor comments.
Please find attached a redlined version of Section 10. We sent these changes to staff prior to the Commission
hearing, and we believe staff and the Commission supported the changes, but they do not appear in Section 10 of
the staff report.
Feel free to call me with any questions or concerns.
Best
Richard H. Andrus
Spink Butler, LLP
251 E. Front Street, Suite 200
PO Box 639
Boise, ID 83701
208-388-0230
208-388-1001 (fax)
randrus@spinkbutler.com
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From: Sonya Waters [mailto:watterss@meridiancity.org]
Sent: Wednesday, September 17, 2008 12:01 PM
To: Tara Green; Machelle Hill; Jaycee Holman; Nancy Radford
Cc: Richard H. Andrus; C. Caleb Hood
Subject: Kennedy Commercial Center CPA & RZ Rec's to CC for 9/23 Mtg
9/19/2008
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
COMPREHENSIVE PLAN AMENDMENT & REZONE
The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map
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
aze 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-Ol-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 Staff's analysis regarding the
CPA amendment.
The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 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 constnected on the site inclcrde the nzate~~als found in the
elevations and comply with design review standards in effect at the time of development.
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 square feet (s.f.)
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 are 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 5.5K s.f., and one retail
building consisting of 14K s.f. are depicted internally and adjacent to Overland Road on the
site plan. The total square 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 are required at this time but perimeter and
internal landscaping will be required upon development of the site.
Certificate of Zoning 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 1 I-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 banding 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 en~erall~comply with the conceptual site plan and __.
--
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 Citv acknowled e~ s the
ultimate owners and users of each parcel within the~roperty will be determined by
market demand, and therefore, the ultimate number and design of the buildings
within the propery may vary from those contained in Exhibit A.2 and A.3. Construct
a minimum of 8 and a maximum of ~14 20 buildings on this site. The maximum total
square footage for all the structures located within Kennedv Commercial Center
Subdivision shall be limited to 324,570 sq. ft. (i.e. 120 % of the square foots a lg fisted
on the conceptual site plan). No single buildine shall exceed 80,000 sq. ft without
Deleted: these elevatlons and
oersted: ~~aeuy
the Developer obtaining a conditional use permit. 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 are 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 ties agreement.
Staff believes that 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 Center
Subdivision) to C-G would be in the best inxerest of the City as it complies with the purpose
statement 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 mare
attractive building fapade 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. Stn, ff 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 findings 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 sub3ect 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. The Meridian
Plannine & Zoning Commission heard this item on August 7. and 14. 2008. At the Dublic
hearine on August 14, 2008 they moved to recommend aouroval of the subiect CPA and RZ
Deleted: No footprint for a single
building shall exceed 20% of the square
footage shown on the conceptual site
plao.
reguest•