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HomeMy WebLinkAboutUniv of Phoenix.CUPCUP-03-031 University of Phoenix.CUP MEMORANDUM: Hearing Date:July 17, 2003 To: Mayor, City Council and Planning & Zoning Commission From: Brad Hawkins-Clark, Planner III Re: University of Phoenix ● Request for Conditional Use Permit for a University of Phoenix Education Facility Located at 2950 Magic View Drive, in an L-O (Limited Office) Zone, by University of Phoenix (File No.CUP-03-031). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & BACKGROUND The applicant, University of Phoenix, has requested approval of a conditional use permit for a 9,058 sq. ft. educational facility in the Lincoln Plaza Building, located on Lot 3, Block 1 of Mystery View Subdivision on Magic View Drive. The university currently provides classes in a multi-tenant office building approximately 1,000 feet to the south of this site in the Eagle Professional Center on Gentry Way. The proposed tenant space breakdown is approximately 1,300 sq. ft. dedicated to office area and 5,300 sq. ft. used for classroom space. The applicant is proposing standard hours of operation for their office use (8:00am to 5:00pm) and 5:30pm to 10:00pm for class hours (dispersing by 10:30pm). The subject property is located in an L-O (Limited Office) zone. A Conditional Use Permit was granted under the name “Magic View Office Complex” on 3-7-00 which allowed multiple buildings on a lot (for both five acre parcels on either side of Allen). A Development Agreement (Instrument No. 100021869, dated 3-23-00) is also in effect for the property which restricts all uses on the original ten (10) acres approved under the CUP to professional office uses. Specifically, Section 4.1 on page 4 of the DA states: “The uses allowed pursuant to this Agreement are only those uses allowed under “City’s” Zoning Ordinance codified at MCC 11-7-2, which are herein specified as follows: Development of Limited Office.” Staff required a CUP application for the proposed use due to our interpretation that an educational facility serving upwards of 100 students that operates until after 10:00pm was not compatible with a typical “professional or limited office” use, nor what the public would anticipate to be standard office uses. We also required a CUP application HUB OF TREASURE MAYO VALLEY Robert R D. Corrie CITY COUNCIL MEMBERS Keith Tammy Bird Cherie deWeerd McCandless William L. M. Nary A Good Place to CITY Live OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · FAX (208) 887-City 4813 Clerk Office Fax (208) 888- 4218 LEGAL (208) DEPARTMENT 466- 9272 ·Fax 466- 4405 PUBLIC BUILDING WORKS DEPARTMENT (208) 887-2211 · Fax Planning & Zoning Commission/Mayor & City Council Transmittal Date: July 14, 2003 Page 2 CUP-03-031 University of Phoenix.CUP because the use is not specifically listed in the Schedule of Use Control. The building, Lincoln Plaza, currently has professional office tenants and the exterior of the site, including all parking and landscaping, would not be modified under this application. The CUP application is required solely for the type of tenant and hours of operation. The existing lot improvements and building shell were approved through the Certificate of Zoning Compliance process on January 16, 2001. This entitlement allowed construction of a 30,352 sq. ft. single-story office building. The building currently is occupied by three (3) different tenants. LOCATION & SURROUNDING USES The subject property is located at 2950 Magic View Drive, at the northwest corner of S. Allen Street and Magic View, within the recently platted Mystery View Subdivision. The following uses surround the subject property: North – Mountain West Bank (within same business park), zoned L-O, and Greenhill Estates Subdivision, zoned R-2 (Ada Co.) South – Multi-tenant office/medical building, zoned C-G East – Subway restaurant and vacant office lots, zoned L-O West – Single-family residential, zoned RUT (Ada Co.) OWNER OF RECORD The property owner of record is Magic View Partners of Boise, Idaho, and they have provided notarized consent for Larson Architects to submit the subject application. Standards for Conditional Uses The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit and planned development if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; Staff finds that the site is large enough to accommodate the required use, as long as the university holds classes after normal office hours. All parking and landscaping are already constructed in accordance with city code. The Certificate of Zoning Compliance approving the Lincoln Plaza building shell showed 150 off-street parking stalls (76 required) – or approximately twice the required ratio of . Meridian City Code 11-13-5.B Planning & Zoning Commission/Mayor & City Council Transmittal Date: July 14, 2003 Page 3 CUP-03-031 University of Phoenix.CUP does not call-out “university” as a specific use. High schools require 10 parking spaces for each classroom plus one (1) for each auditorium seat and professional offices requires one (1) space for each 400 sq. ft. of gross floor area. MCC 11-13-5.B.8, Other Uses, states: “For uses not listed in this Section, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission.” Staff recommends the Commission use a combination of office and school uses as well as common sense in determining the required number of parking stalls. The “high school” calculation alone would require 70 stalls and the “office” calculation alone would require 23 stalls. Alternatively, if each of the seven (7) classrooms has an occupancy of 15 students and each classroom also has one instructor, that would be a total of 112 people in this facility at one time. [Note that the 15 students is estimated from the seating shown on the floorplan and not a figure provided by the applicant.] Since no alternative transportation options serve the property and the majority of students will likely drive, off-street parking spaces should be made available for the maximum number of people anticipated at the facility during a peak hour. The applicant should address this at the Commission hearing. As long as classes are offered after normal close of business (which the application states), Staff believes the site exceeds the required number of anticipated parking stalls. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as “Office”. Staff finds the proposed use is harmonious with the Comprehensive Plan. Staff finds further that the proposed use is in compliance with the Meridian City Code. C. 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 design, construction and maintenance of the facility exist and are not anticipated to change if this use were approved. The operation of the facility would change in that the number of vehicle trips generated by the use would substantially increase during the normal after-business hours time period. The intended character of the subdivision to the north is residential. Even though the lot to the west is existing residential, it is intended to become office uses. The Lincoln Plaza lot is approximately 230 feet and the building itself approximately 320 Planning & Zoning Commission/Mayor & City Council Transmittal Date: July 14, 2003 Page 4 CUP-03-031 University of Phoenix.CUP feet from the nearest residential lot in Greenhill Estates. The application states that the last class will end at 10:00pm and students will disperse by 10:30pm. The Council and Commission should consider public testimony when determining if this proposed activity will change the essential character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use, if strictly operated in accordance with the application and this permit, will have an adverse affect on the other property in the vicinity. The Council and Commission should rely upon public testimony to determine if the development will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff anticipates that the proposed use will not be detrimental to any persons, property, or the general welfare. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The site has one existing curb cut off of Magic View Drive and one off of S. Allen Street. Planning & Zoning Commission/Mayor & City Council Transmittal Date: July 14, 2003 Page 5 CUP-03-031 University of Phoenix.CUP These access points were approved by ACHD and the City of Meridian during the initial building permit process. Staff finds that the proposed use will not create interference with traffic on the surrounding public streets I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REQUIREMENTS 1. The subject property shall cease instruction and any other activity open to the public at 10:00pm. 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. RECOMMENDATION Staff recommends approval of the subject application with the conditions noted herein. 887-1297 PLANNING AND ZONING DEPARTMEN (208) T 884-5533 · FAX 888- 6854