HomeMy WebLinkAboutLanark Property RZ-08-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIAN
In the Matter of Rezone of 2.20 acres from the I-L to the C-G zoning district, by Patrick
McKeegan.
Case No(s). RZ-08-006
For the City Council Hearing Date of: December 2, 2008 (Findings on the December 23,
2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 2, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 2, 2008, 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. §67-6503).
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 §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
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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
parry requesting notice.
7. That this approval is subject to the provisions of the Development Agreement in the
attached Staff Report for the hearing date of December 2, 2008, 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 § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated October 4, 2007, by Timothy J. Fox, PIS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject rezone and shall
include the provisions noted in the attached Staff Report for the hearing date of
December 2, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of December 2, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
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By action of the City Council at its regular meeting held on the a~ day of
2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED ~
(TIE BREAKER)
Mayor Tammy e eer
Attest: \,,.~''~,~~1 O~ ~~®.q°°°°'.~~.
~' goo rFO ';
a
_ L
aycee an, City Clerlc: .~ o`~
~`~ ~ ,:
Copy served upon Applicant,'''T~gp~~,~g`~e~~finent, Public Works Department and City
~~rnr-ni n n~~~~~
Attorney.
Dated: ~ a ~~~
i Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER Z, 2008
STAFF REPORT
Hearing Date: December 2, 2008
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: Lanark Property
• RZ-08-006
~E IDIZ IAN,_-
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Rezone of 2.20 acres from the I-L to the C-G zoning district
1. 5U1VI1VIARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Patrick McKeegan, is requesting a Rezone (RZ) from the I-L to the C-G zoning
district fora 2.20 acre site. There are two existing structures on the site and no new development or
uses are proposed at this time.
The site is located at 3131 and 3163 E. Lanark Street, on the southwest corner of N. Eagle Road and
Lanark Street.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested RZ application below. Staff recommends
approval of the subject rezone request (RZ-08-006) as presented in the staff report with a
Development Agreement, based on the Findings listed in Ezhibit D of this staff report.
The Meridian Planning & Zoning Commission heard this item on November 6.2008. At the
public hearing they moved to recommend approval of the subiect RZ reauest.
a. Summary of Commission Public Hearing:
i. In favor: Patrick McKeegan
ii. In opposition: None
iii. Commenting• None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Anna Canning
b. Key Issue(s) of Discussion by Commission:
i. The specific lighting standards reauired by the Eagle Road Corridor Study;
ii. Additional landscaping is required on the site to comply with current UDC standards;
iii. The applicant is not required to install a 35' wide landscape buffer adiacent to Eagle
Road;
c. Key Commission Change(s) to Staff Recommendation:
i. Add a DA provision that the applicant is not required to construct a 35-foot wide
landscape buffer along Eagle Road;
d. Outstanding Issue(s) for City Council:
i. Clarification that a CZC is reauired for the e~sting business (Sleep with Grace), and all
future tenants, for a change in use from industrial to commercial.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
~. In favor: Patrick McKee~an
~. In o~nosition: None
~. Commenting: None
ay. Written testimony: None
y. Staff ~resentinu annlication: Pete Friedman
ya. Other staff commenting on annlication: None
lz. ev Issues of Discussion by Council:
~, raffic impact from I-L zoned nronerty vs. C-G zoned nronerty:
ja. Clarification that a 35-foot wide buffer is not required alonr~ Eagle but a 10-foot
~, a timing of the construction of the 10-foot wide pathway along Ea le:
lY. Sidewalk already exists along Lanark extent for a short section on the east side.
ich should not be required because of the future widening of the intersection:
~_ Key Council Changes to Staff/Commission Recommendation
~. Strike DA urovision #1.1.2c that requires a 5-foot wide sidewa k to be 'nsta led
--- __ __
along Lanark Street.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08-
006, as presented in the staff report for the hearing date of December 2, 2008, 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 Number RZ-08-006,
as presented during the hearing on December 2, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-08-
006 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3131 and 3163 E. Lanark Street
Located in the southeast % of Section 8, Township 3 North, Range 1 East
b. Owner:
3131 Lanark, LLC and 3163 Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83705
c. Applicant /Contact:
Patrick McKeegan, McKeegan Architects
280 N. Latah, Ste. 100
Boise, ID 83706
Lanark Property RZ-08-006 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
d. Present Zoning: I-L (Light Industrial)
e. Present Comprehensive Plan Designation: Industrial
f. Description of Applicant's Request: The Applicant is requesting a Rezone of 2.20 acres from the
I-L to the C-G zoning district. No new development or uses are proposed at this time.
g. Applicant's Statement/Justification (reference submittal material): Taken from the applicant's
narrative, "When the property was originally zoned I-L many years ago, the growth and extent of
retail uses along Eagle Road were not anticipated. Since then it has become apparent that retail
and office uses offer an attractive buffer between Eagle Road and the industrial uses back from
the street. As a major entry corridor in Meridian, office and retail uses, with the higher design
standards, should be the desired use to provide an attractive impression for residents and visitors."
See applicant's narrative submitted with the application for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public
hearing is required before the Planning and Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission);
November 3, and 17, 2008 (City Council)
c. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission);
October 24, 2008 (City Council)
d. Applicant posted notice on site by: October 22, 2008 (Commission); November 20, 2008, (City
Council
6. LAND USE
a. Existing Land Use(s): There is currently a vacant 6,500 square foot building on the southern
portion of this site that the applicant proposes to market for commercial uses along with an
existing 12,000+/- square foot multi-tenant building to the north. Currently, the multi-tenant
building houses a bedding and mattress company; the rest of the tenant spaces are vacant.
b. Description of Character of Surrounding Area: The surrounding area consists of retail &
industrial uses and commercial & industrial zoned vacant land.
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned C-G
2. East: Eagle Road and retail (R.C. Willey's), zoned C-G
3. South: Vacant land, zoned I-L
4. West: Industrial uses, zoned I-L
d. History of Previous Actions:
• This property was previously platted as Lots 1 & 2, Block 2, of Olson & Bush Industrial Park
subdivision.
• A Record of Survey (#7190) was recorded in 2005 as Instrument Number 105198226 that
changed the configuration of Lots 1 and 2, Block 2.
• A Certificate of Zoning Compliance (CZC-OS-099) was approved in 2005 fora 6,000 square
foot office/warehouse building on the southern portion of this site. Note: If the subject RZ
Lanark Property RZ-OS-006 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
request is approved, a CZC will be required for a change in use of the site from an
office/warehouse use to a commercial use.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing building already serviced.
Issues or concerns: None
2. Vegetation: There is some existing landscaping within the parking lot area on this site (the
street buffer along Eagle Road does not contain landscaping as it lies on a substantial grade).
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: I-L (Light Industrial)
7. Property Size: 2.20 acres
f. Landscaping: Landscaping is not required with the subject RZ application; however, landscaping
in accordance with UDC standards will be required with approval of any future Conditional Use
Permit or Certificate of Zoning Compliance application.
g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is provided from N. Eagle Road via Lanark Street. No new access points or streets are
proposed or approved with this application.
7. COMMENTS MEETING
On October 16, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works 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 Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." The
land use categories and locations depicted on the map are conceptual. For this reason, the Planning
Director has determined that the proposed C-G zoning district is generally consistent with the
Comprehensive Plan because of the adjacent commercial uses and zoning to the north and east of the
subject property and because of the property's location on Eagle Road. Further, Planning Staff
believes that commercial uses are more appropriate than industrial uses adjacent to transportation
corridors such as Eagle Road for aesthetic reasons. For this reason, an amendment to the future land
use map is not requested nor is it considered necessary by the Planning Director for the rezone request
to the C-G zoning district. However, the Commission and Council should also determine if the
applicant's request is appropriate and in the best interest of the City.
Staff fords that the request generally conforms to the stated purpose and intent of the Comprehensive
Plan. Staff fords the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
• "Restrict curb cuts and access points on collectors and arterial streets: ' (Chapter VII, Goal
IV, Objective D, Action item 2)
Lanark Property RZ-08-006 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
Although the subject property is located adjacent to Eagle Road, an arterial street, no new
access points are proposed or approved to Eagle Road with this application. Access to the
site exists from Lanark Street.
• "Permit new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This property is already within the City and sanitary sewer and water have already been
provided to this site.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that rezoning this property to C-G will contribute to the variety of uses in this
part of the City and will serve as an aesthetic buffer between Eagle Road and the industrial
uses to the west of this site.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
Goal IV)
The area surrounding this property consists of industrial and commercial uses. Staff believes
that the proposed commercial use of this property will be compatible with other existing
commercial uses adjacent to Eagle Road.
Staff believes that the proposed C-G zoning is consistent with the Comprehensive Plan and is
compatible with the surrounding 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 if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-G zoning district.
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 (C-N, C-C, C-G, and L-O) 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: Staff is generally supportive of the
proposed RZ request as presented in the staff report, with the following comments:
Rezone (RZ): The applicant is requesting to rezone 2.20 acres from the I-L to the C-G zoning
district in order to market the site for commercial uses. No new development or uses are proposed
on the subject property at this time. The property's current I-L zoning allows for industrial type
uses. Currently, the multi-tenant building houses a bedding and mattress company (Sleep with
Grace); the rest of the tenant spaces are vacant. The tenant space for the mattress company
consists of approximately 9,000 square feet; 6,000 square feet of which is used for a retail
showroom. As it currently operates, the mattress company would be a permitted use in the
Lanark Property RZ-08-006 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
proposed C-G district. If the rezone is approved, the applicant would be required to apply for a
Certificate of Zoning Compliance for a change in use, prior to commencement of a new use.
The subject property consists of two lots (Lots 1 & 2, Block 2) in Olson & Bush Industrial Park.
A Record of Survey (ROS) (#7190) was recorded in 2005 that changed the configuration of the
lot lines to its current configuration. The ROS depicts the northwest property as Parcel A and the
southeast property as Parcel B.
The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
Future Uses: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G
zoning district. Staff has reviewed the list of allowable uses in the C-G district and believes all are
acceptable uses for this site except for a drinking establishment. Staff believes that the site is too
small and does not have enough off-street parking to accommodate this type of use. For this
reason, Staff is recommending a DA provision that a drinldng establishment use be
prohibited on the site.
Access: Access to the site is provided from Eagle Road via Lanark Street. No new access points
to this site are requested or approved with this application. Direct access to Eagle Road is
prohibited.
Parking: In commercial districts, the UDC (11-3C-6) requires one vehicle space to be provided
for every 500 square feet of gross floor area. The existing structures on the site consist of 18,676
square feet collectively. Therefore 37 parking spaces are required per UDC requirements; 69
parking spaces (including 3 compact spaces) are provided on the site. The existing parking
exceeds that required by the UDC.
Trash Enclosure: There is an existing trash enclosure on the site that is enclosed by a chain link
fence with slats for screening. The UDC does not allow slats as a screening material or chain link
fencing in commercial districts. Staff is including a DA provision for the Applicant to
construct a trash enclosure around the dumpster that complements the overall design of the
buildings on the site so that the visual impact of the dumpster is fully contained and out of
view.
Sidewalks: Currently, there is not a sidewalk adjacent to Lanark Street. The UDC (11-3A-17)
requires a minimum 5-foot wide sidewalk to be constructed on the south side of Lanark along the
northern boundary of this site. Staff is including a DA provision for the applicant to construct
a sidewalk adjacent to Lanark Street in accordance with the aforementioned standards.
Multi-Use Pathway: All developments adjacent to State Highway 55 (Eagle Road) are required
to construct a 10-foot wide multi-use pathway adjacent to the state highway in compliance with
UDC 11-3H-4C3. Staff is including a DA provision for the applicant to construct a 10-foot
wide pathway on the west side of Eagle Road along the full length of the east boundary of
the subject property. Said pathway shall be constructed within the right-of-way or a public
use easement and street lights shall be installed consistent with the Eagle Road Corridor
Study. Coordinate the enact location of the pathway with IT'D staff.
Landscaping: The site development plan submitted by the applicant depicts current tree/bush
locations; however, is not a detailed plan (does not show a plant schedule). Per UDC 11-SB-1,
with the establishment of a new use, the applicant is required to comply with current UDC
development standards. Staff has visited the site and reviewed the site development plan
submitted with this application and found the existing landscaping does not comply with many of
the current standards such as:
Lanark Property RZ-08-006 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
Typically, a 35-foot wide landscaped street buffer would be required along Eagle Road,
an entryway corridor. However, in this case, the Idaho Transportation Department does
not encourage landscaping within the right-of--way because it may need to be removed
because of highway improvements and/or maintenance (see letter from TTD in Exhibit
A.4). They (IT'D) do not replace or repair the landscaping in these instances. Further,
landscaping within the right-of--way requires maintenance and this would need to be done
by someone other then ITD personnel and they prefer not to have non-ITD personnel
working in the right-of--way. Landscaping within the right-of--way requires approval of a
permit to do so; however, TI'D discourages this if possible. For this reason, staff is not
requiring the applicant to install landscaping within the buffer adjacent to Eagle Road
The entire buffer width is still required for setback purposes, but landscaping is not
required
• Per UDC Table 11-2B-3, a 10-foot wide street buffer is required along Lanark Street in
compliance with the standards listed in UDC 11-3B-7 and 11-3B-5. A buffer currently
exists on the site; however, additional landscaping (trees and vegetative groundcover)
is required in compliance with the aforementioned sections of the UDC.
Parking lot landscaping is required in accordance with the standards listed in UDC 11-
3B-7. Staff has reviewed the site development plan and several additional trees are
required to be installed within the planter islands and perimeter landscape buffer along
with vegetative groundcover to meet current UDC standards. Required landscape areas
are required to be at least 70% covered with vegetation at maturity with mulch used
under and around the plants; gravel is not allowed as mulch. Remove and replace
some/all of the gravel with vegetative groundcover in accordance with the
aforementioned requirement Additionally, all planter islands shall be a minimum of S
feet in width, measure inside curbs and planter islands shall be placed at the ends of
rows of parking; one planter island, located at the southeast corner of the multi-tenant
building, is below the required width.
A revised site/landscape plan that meets current UDC standards as discussed above and as
detailed in the UDC, should be submitted with any Conditional Use Permit or Certificate of
Zoning Compliance application for the change is use of this site.
Elevations: Elevations of the existing buildings were submitted with this application and are
included as Exhibit A.3 in this report.
Design Standards: Because this site is located adjacent to an entryway corridor, it is subject to
the design standards listed in UDC 11-3A-19C. The applicant is required to submit a Design
Review application with any future development application (Conditional Use Permit or
Certificate of Zoning Compliance) for this site.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-SB-lA). To ensure that all of the DA provisions listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from
the Planning Department prior to establishment of the new use. All improvements must be
installed prior to occupancy. Because this site is located adjacent to an entryway corridor,
compliance with the design standards listed in UDC 11-3A-19C is required. Design Review
approval should be requested concurrently with the CZC application.
Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement
Lanark Property RZ-08-006 page'?
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
(DA) with the City of Meridian that may require some written commitment for all future uses. In
this instance, staff believes that a Development Agreement is necessary because a specific
land use is not proposed at this time and to ensure that this property is developed in a
fashion that is consistent with the comprehensive plan and does not negatively impact
nearby properties. If the Commission or Council feel that additional development agreement
provisions are necessary, staff recommends a clear outline of the commitments of the developer
being required.
Prior to rezone ordinance approval, a DA shall be entered into between the City of Meridian,
property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall
incorporate at least the following:
• Allowed uses on the subject property shall be as listed in UDC Table 11-2B-2 for the C-
Gdistrict, except that drinking establishment uses shall be prohibited.
• Anew trash enclosure shall be constructed around the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (UDC 11-3A-
12B). Chainlink fencing, with or without slats does not qualify as a screening material,
per UDC 11-3B-SM.
• Construct a minimum 5-foot wide sidewalk adjacent to Lanark Street along the north
boundary of this site in accordance with the standards listed in UDC 11-3A-17.
• Construct a 10-foot wide multi-use pathway on the west side of Eagle Road along the full
length of the east boundary of the subject property, per UDC 11-3H-4C3. Said pathway
shall be constructed within the right-of--way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with ITD staff.
• With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
• The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn around. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
• A Design Review application shall be submitted with any future development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
• A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
Staff Recommendation: Staff recommends approval of RZ-08-006 with a Development
Agreement, based on the Findings listed in Exhibit D and DA provisions listed in Exhibit B of the
staff report. The Meridian Planning & Zoning Commission heard this item on November 6,
2008. At the public hearing they moved to recommend approval of the subiect RZ request.
he Meridian City Council heard this item on December 2. 2008. A the nnhli hearing t_hp
Council approved the subiect 1Z request.
Lanark Property RZ-08-006 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
11. EXITS
A. Drawings/Other Documents
1. Vicinity/Zoning Map
2. Site Plan
3. Building Elevations (Existing Structures)
4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along
Eagle Road
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Legal Description & Exhibit Map
D. Required Findings from the Unified Development Code
Lanark Property RZ-08-006 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
A. Drawings
1. Vicinity /Zoning Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
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4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along Eagle
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P.t~„ Box
Base. Idaho 83785
tie: 3131f3'i63 Lensrtc Street Lr~ndseaping
near Mr. ~c3Ceegan,
VVe received your letter ~nce~ng landseea~n~ within the sti ~3 {Eagle Rd.} right of v~y. s# ya~a v~ra to
i'~ve a desire to Landscape vrittairv the right of wrey you wroukt be tuEred to apply for s permit tcs da ssa.
i,l'.I?. does net enaaurege tlais„ as landscaping tray need to be rernoveci taet~use o~ higttwrey
iriaprevenients snallor mairaten®nce. ~e wauid not emplace cr repefr the landscaping. Landsreptng atn the
right cf requ~°es ma9ntenance and fhisaarouid rs~ io be done by sr~meone ether then tTD pereetns'tsi. fella
would prefer not to have nan iTCI personnel worktng In the right of ea+ey*. Landscaping p®maita huvi® bser3
iest~d in the past but we try to discourage this if ptxssiWe.
if you tae any ques~ons concerning the sccass please call rrae at 33$-890f.
inoereiy, ',,
t~8 Gh~te
S~rsi+ar Ptenr~r
P~ t
RI~~EI~
Exhibit A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone -Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
1.1.2 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 and the
property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the
City Attorney, Bill Nary, at 898-5506 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:
a. Allowed uses on the subject property shall be as listed in UDC Table 11-2B-2 for the C-
G district, except that drinking establishment uses shall be prohibited.
b. Anew trash enclosure shall be constructed around the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (UDC 11-3A-
12B). Chainlink fencing, with or without slats does not qualify as a screening material,
per UDC 11-3B-SM.
d. Construct a 10-foot wide multi-use pathway on the west side of Eagle Road along the full
length of the east boundary of the subject property, per UDC 11-3H-4C3. Said pathway
shall be constructed within the right-of--way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with TTD staff.
e. With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
f. The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn around. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
g. A Design Review application shall be submitted with any future development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
h. A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
i. The applicant is not required to construct a 35-foot wide landscape buffer along
Earle Road.
2. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed with the 2005 CUP for Pacific NW Electric.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well 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 payment 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 fmal plat
per Resolution 02-374.
3. FIRE DEPARTMENT
3.1 The Fire Department requires any roadway greater than 150 feet in length that is not provided
with an outlet to have an approved turn around. Currently, the site does not have an approved turn
around. The applicant shall submit written approval from the Fire Department of an approved
turn around with submittal of the Certificate of Zoning Compliance application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments to the Planning Department on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments to the Planning Department on this application.
6. SANITARY SERVICES COMPANY
6.1 Provide an approved turn-around for access to the trash enclosure.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD did not submit comments on this application.
S. IDAHO TRANSPORTATION DEPARTMENT
8.1 No direct access will be permitted to Eagle Road; access will be from E. Lanark.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
C. Legal Description ~i Exhibit Map
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Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
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Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
D. Required Findings from Unified Development Code
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:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from I-L to C-G. The City Council
fmds that the proposed zoning map amendment complies with the applicable provisions of
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the staff report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council fmds that the requested C-G zoning for this property would provide for the
retail and service needs of the community, as stated in the purpose statement for the
commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council fmds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
d. 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 fmds 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.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D Page I