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HomeMy WebLinkAbout1984-07-05,, .. :IlZGEFA!D & cFoo(sroN B3Ca2 t'r BEFORE THE I{ERIDIAN PLANIIING AND ZONING CO}.11,1I SS ION UPI,AND INDUSTRIES APPLICATION TO AI4END THE !4ERIDIAN CO}.IPREHENS IVE PLAN FINDINCS CF FACT AND CONCLUSIONS The above entitred application to amend the .r.,leridi.an comprehen- sive Plan having come on for pubric hearing and the planning anc Zoning Commrssion having held a workshop on said application, and the commission having heard any and a1f testimony that !.ras submitted and having duly considered the evidence and its own opinions anc the rnatter, the planning and zoning cornmission mak-es the following: FINDINGS OF FACT 1. That notjce of the public hearing on the application v,ras published for two (2) consecutive weeks prior to the sard pu-b1ic hearing scheduled for .'ru1y 5, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the Jufy 5, 1984, hearing and was duly considere by the Pranning and zoning commrssion at its r^rorksrrop held July 9, 1984, at 6:30 o'clock p.m,, which was a speclal meeting duly noticed and announced publicly at the public hearing held J:r1y 5, 1984; that copies of all notices vrere available to ne\^,spapers, and radro anri televrsion stations. 2. That the property 1ncluded in the application and the exact nature of the application is set forth in the applicati-on and I I t cFoo(sToN P O Bor a2, isa2 by this reference is incorporated herein as if set forth in full; that the property lies generally in the southeast quadrant of the intersection of Fairview Avenue and Eagle Road; that, in s ummary, the application is to designate the site as a regional shopping center site and to renlove the residential reserve designation as presently contained in the Comprehensive Plan- 3. That the l-and concerned in the aPPlication j's contained within the city limits: that i-t is presently zoned j-ndustrial and not commerciaf; that t].e comprehensive Plan presently alesignates the area within which the land is contained as the "Eastern Industrial Review Area. " 4. That at the pr:bIic hearing held July 5, 1984, at 7:30 o'clock p.m., there was no public commen t, either oral or written, on the apPlication. '5. That the petitioner sets forth as reasons why the Comprehensive Plan should be amended as set forth in its applica- tion the following: ]The condition and situation which warrants the change being made rn the Pl-an is that the City of I'leridian and its surrounding area are not served by a Regional Shopping Center and that the property belonging to the Petiiio;er is amenable to development of a Regional Shopping Center with outstanding representation by major aepartment stores, specialty stores and services for the residents of the City of l,leridian and the surror:nding region. The land in question has heretofore been annexed into the City of Meridian- I AMBFO.,E .IlZGE6ALD a cFrooxsToN g3aa2 ti me- .the Dublic need for and benefit from such a change in It" Lonpt.f,ensive PIan would generally be to: (A) Provide for the orderly growth of the City of Meridian and its environs; (B) Make readily available to the residents of the ciiv "r ueriaian a wide range of store and shopping facilities and services that can only be furnishe'l by a Regional ShoPPing Centeri (C) To attract to the City of }leridian. and generate ,itftitt the City a 1ar-Ee volume of business that would result fiom the focation vrithin the City of a Regional Shopping Center of -ailequate size to ".trr6 th" entiie Tieasure va1ley and metroPolitan marke t; (D) The current designation of a single site for a piopos"a regionai shopping cente-r within the City 'of i,teriaian has been in effect for several years' The property though designated has.not proven aaeouate to attract the major retailers necessary I il=:;;;;';"tir.-a.""r"pment-of a resionar shopping centei. It is probable that the northern 'Ada i io,-ty area in wtricn tne Ci ty of Meridian ':- --,-^-^ i =ii""i. is one of the Largest metropolitan markets I in the entire nation not presently served by a ]n"si;""r ShoPping center. the si2e "f tl:. --^ Ico6ulation ,i-tf,ln the metropolitan area and ttte I trud" ut.u would indicate that given a suttabre. I iocation for a Regional Shopping center, the ma'lor ] retail stores necessary to make uP q9 development I oi s,-,ct Reqional Shopping Center would hasten. to I enter the irarket. uiiand Industries CorPoration -lsJrnits that the site at the intersection of '4 Fairview Avenue ala-nugf" noad will be able to ] attract these major retail stores and that tne I aegionaf Shopping Center can equally -become :, .... -,.i.Jrity. rt-is ipparent bv reason "{ q"-}lubtrrtv I "i lil.- presently -designated sites and of . P: -- Ieoise Rl-oevelopment Adninistration to attract.. establlshment of a Regional Shopping Center erLnel: I .l tn.=. other sites 6r in the down town Boise area' that the malor retail firns have not fo\rnd those I oin", fo.utr-ons to be adequate for their needs ' l 6. That the appfication addresses the requirements ' tables and procedures to anend the Comprehensive Plan' I 2. tl :]IZGIFALt) ! cFoo(sroN B3aa2 rl 7. existence Valley. CONCLUS I ON S 1. That the City has authority to amend its Comprehensrve Plan pursuant to Tit1e 67, ChaPter 65' Idaho Code' and pursuant to the Amendment Provisions and Procedures of the Comprehensive Plan of Meridian, as amended APril 2' 1984' 2. That aII notices and hearing requirements set forth in Title 67, Chapter 65, Idaho Code ' the Ordinances of the City of Meridian, and the Comprehensive Plan have been complied with' 3. That the application itself mee ts the requirements of an applrcation to amend tlte Comprehenslve Plan,; that isr it conta the statements required by Paragraph 6 under the Amendment Provi- sions'andProcedures,beginningonPage54ofthePlan. 4.ThattheCommissionmaytakejudj.cialnoticeofgovern- Thattherersnoregionalshoppingcenteractuallyin in the City of Meridian, Ada County' or t}le Treasure ins mentalstatutes,ordinances,andpoticies,andofactual existing within the City, county' and State' condi tions 5.ThattheP}anningandzoningConmission'spurposeatthis stage of the proceedings in processlng and deciding a comPrehenslve PIan Amendment is to determine whether the proposed anendment merits further s tudY. 6.ThatS}ncethereiSnoregionalshoppingcenterin actualexistenceintleridian,AciaCounty'orTreasureValley'and -l AMBI]O1,E,. ZGEAALD &CFOOKSTON a$42 since there was no evidence subnitted as to why the PIan should not be anended, it is concluded that the application of upland rndus- tries to amend the t'leridian Comprehensive Plan merits further stutly' ?. That the above conclusion that the application merits further study is just that, it j-s not a decision that the Plan should be amended as set forth in the applicatlon' nor is Lhe con- clusion to be construed in any fashion to indicate development as proposed should occur at that location' APPROVAL OF FINDINGS OF FACT and CONCLUSIoNS The Meridian Planning and zoning Colruniss ion hereby adopts Fact and Conclus ions 'and app rove s RotI CaI1 these Findings of Conunissioner }4orrow Comrni ss ioner Alidjani Commrssioner Johnson Commissioner Shearer ' Commr ssioner CoIe Chai rnan SPencer (Tie Breaker) voted voted vote d vote d vote d Vote d v24'yq /oq'/ oq +44- DECIS I Ot.,* The lleridian Pfanning and Zoning Commission that the Apptrcation of Up1and Industries merits should continue to be Processed' Disapproved hereby fu rth er deci des s tucly and App rove d Llaq - j-' a cFooKsroN PO Box a27 64642 BEFORE THE MERIDIAN PLANNING AND ZONING COI,IMISSION PLANN ING AND ZONING COIOIISSIONIS APPL]CATION TO A}4END MERIDIAN COMPREHENSIVE PI,AN PINDINGS OT' FACT AND CONCLUSIONS The above entitled application to amend the M.eridian Comprehensive Plan as it pertains to the Amendrent Procedure, the Meridian Urban Llmits Functional Transportation l4ap, and the possible adoption of a new Area of Impact for the City of ueridian having come on for public hearing and the Planning and Zoning Commrssion having held a workshop on said application, and the Commission having heard any and al1 testimony that ivas submitted and havinE duly considered the evidence and its own opinions and the matter, the Planning and Zoning Commission rnakes the following: FINDINGS OF T'ACT ' 1. That notice of the public hearing on the application r.r,a s published for two (2) consecutive r^'eeks prior to the said public hearing scheduled for JuIy 5, f964, the first publication of which was fifteen (15) days prior to said hearing; that the natter was duly considered at the JuIy 5, 1984, hearing and was duly consider by the Planning and Zoning Commission at its workshop held July 9, 1984, at 6:30 o'cl.ock p.n., which was a special meetlng duly notlced and announced publ icly at the public hearing held July 5, 1984; that copies of all notices were avj-aIable to newspapers, anC radio and television stations. I B CFOOXSTON GE'2 2.(a) That the proposeC amendment on the Comprehensj-ve Plan amendrnen t procedures would shorten the sequence of events in the amendment process and enable the Commission and the City Cor:ncil to process PIan anendmen ts in a more timely and efficient nanner; tltat a copy of the proposed procedure is on file vrith the City C1erk, and is hereby i-ncorporated herej-n as if set forth in fu11. (b) That the proposed amendment pertaining to t}le Meridian Urban Limits and Functional Classification TransPortation MaP is a housekeeprng anren dmen t to update the Transportation Classifications A copy of the map is on file with the City Clerk and is hereby incorporated herej.n as if set forth in fu11. (c) That the proposed amendment pertaining to the Area of Impact j-s an amendment which is necessitateC by the fact an Al:ea of Impact is to be negotiated or set by the Court; that a proposed Area of Impact has been recomlnended by the negotiating commi ttee and is as filed with the City Clerk and by this reference incorpo ted hereln as if set forth rn fuI1; that the Area of Impact as recommended has not been adopted by the City or Ada County but if i is, the Comprehensive Plan will have to be amended to refllct tiat Area. 3. That at the public hearrng helC JuIy 5, 1984, at 7:30 o'c1ock p.m. , there hras no public comlrren t 2 either oral or vrritten, on the application,_ except that one r.vritten statement was sutlmitted on the Area of Impact which was against the adopLion of the Area I -I ZGEFALO a cFooxsTott PO Bor a2, Eaa2 of Impact as re colTtmended by the negotiating colTunittee. 4. That these amendments have been proposed by the Corunissior itself. 5. That the proposed amendments are, or will be, of a house cleaning na ture. CONCLUS IONS 1. That the City has authority to amend its Comprehensive Plan pursuant tg Titte 67, Chapter 65, Idaho Code, and pursuant to the Amendment Provisions and Procedures of the Comprehensive Plan of l.leridian, as anended April 2, 1984. 2- That all notices and hearing requirements set forth in Title 57, Chapter 65, Idaho Code, the Ordinances of the City of Meridian, and the Comprehensive Plan have been complied witJr. 3. That since the proposed amendments are proposed by the Corurussion and are, or witl be, of a house cleaning nature, the technical requirenents for an amendment application may be waived. 4. That the Commission may take judicial notice of govern- mental statutes, ordinances, and policies, and of actual conditions exrsting wi.thin the City, County, and State. 5. That the Planning and Zoning ComfiLission's purpose at this stage of the proceedings rn pocessing and Ceciding a Comprehensive Plan Amen dj:ren t is to determine whether the proposed amendment merits further s tudy . I il t cRooxsroN a!c.2 6 That since the proposed amen tlments are technical in generally are, or will be, house keeping measures, the arnendments are hereby concluded to warrant further study. APPROVAI OT' FINDINGS OF PACT AND CONCLUSIONS nature and p ropo se d The l4e ri dian Planning and approves these Findings of Fact Ro11 CalI zoning Conmission hereby adopts and and Conclusions. vote d Vote d Voted Vote d Vote d Commi- ss ioner I4o rrow Commissioner Alidjani Cor,uniss]-oner Johnson Commissioner Shearer Commissioner Cole Chairman Spencer (Tie Breaker ) /"qIo*{^aVeo'/.u DECISION The }leridian Planning and Zoning Cornmission hereby decides that the Planning and zoning Corunission's proposed Comprehensive PIan Amendments pertaining to 1) the Comprehensive Plan Amendrnent Procedure, 2) the lleridian Urban Limits Fr:nctional Transportation Map, and 3) the Area of Impact merit further studl, and should continue to be processed. Approved Disapproved _ ti li I /eo /-' I.IERIDIAN PLANNIN(J T -ONING l9 84 Special meeting of the Meridian Plan!ing order by Chairman Bob Spencer at 7:41 p.m and Zoning ca1led to llembers Present:Walt Morrow, Jim Johnson, Moe Alidjani, Tom Cole; Jim Shearer (#r) Gt2) Chairman Bob Spencer stated that tonights meeting wae for the purpose to determine if the proposed amendments to the Merldian Comprehensive Blan should recieve further study and a public hearing held in 0ctober. on these proposdd amendments. Chariman Bob Spencer read the first proposed amendment. The application of Upland lndustries to amend the Comprehensive P1an, in sumrary, requests that Ehe Northwest Quarter of Section9, Tovrnship 3 North, Range 1East, B.M., be designated in the Comprehensive Plan as a siEe for a regional shopping center and that the "Rural- Residential Reserve" designation, southof Fairview Avenue in Section 8, Tor^mship 3 North, Range 1 East, B. M. be removed. It was opened to the public for conrnents. No response. The public hearong was closed Chairman Bob Spencer read the second proposed amendmenE. Amendments to the Comprehensive PIan to change Ehe amendment procedure contained in the P1an. Said proposed amendments would shorten the sequence of events and enable the Planning and Zoning Commission and Ehe City Council to process Comprehensive PIan amendments in a more timely and efficient manner. Others Present: It was opened to the public for No response. The public hearing was closed. Lloyd Howe, Arthur Edwards, R.D. Bill Robison, Dave Lewis, Dennis Crooks ton ; co[trnenf s . Bi schoff, Stover, Wayne City' s by theJuly 11th, Chairman Bob Spencer read thc third proposed amendment. Amendments to the Comprehensive Plan to reflect the . approval of the Meridian Urban Limits and Functional Classiflcation Transpor[ation }{ap which was approved Council on July 5, 1983, and signed by the Mayor on 1983. (/i3 ) JI'LY 5 It was opened to No response. Cormri s rir onp.m. July the oubl i c f or c ono"nent s . Gl4) The public hearing was closed. Chairman Bob Spencer read the fourth proposed amendment. Amendments to the comprehensive Plan to reflect the proposed agreement between the City of Meridian and Ada County to -changethe Area of Impact of the City of Meridian. It is specifically noted that an Area of Impaet Agreement has not been agreed upon or entered into by Ada County and the City of Meridian but such an agreement has been approved by the Citizen's Couurittee and will be acted upon by the City Council and the Ada County Conmissioners in the near futute. The Citizents Conrnittee has recournended the Area of Impact be shown as on the attached map . ft was opened to the public for cornrnents. No Response. The public hearing was closed. Chairrnan Spencer announced that he had recieved one item of \,qritten testimony on Ehis proposed amendments. Copy on File with these minutes. agreed to hold a workshop on these proposals at 6;309rh, 1984. The motion was made by Walt Morrow and seconded by Alidjanito have the City Attorney prepare findings of fact and conclusions of 1aw on these proposed amendments. Motion Carried: All In Favor The motion was at 7:40 p.m. Motion Carried; A11 In Favor ATTEST; made by Morrow and seconded by Alidjani to adjourn APPROVED "f k r,{i n City Clerk Bob Spencer, Chairman OFFICIALS JAcK NIEMANN. Clly Cl6rk A M KIEEEFT T.6.SUI3T RIcxAFDO NlCHOLS.Chrstol Polrce BAUCE O ST UABT, Yvaier Works, SuPt waYNE G CFOOXSTON, JR., Atlorney EARt WABO. Wesle Waler Supl xENNY EOWERS Ftr€ Chrel June f4,1984 MAYOR. @ CITY OF MERIDIAN COUNCILMEN BILL BFEWEF EONAID F IOLSMA J E AEFT MYEBS FOBEFTGIESLEF 80B SPENCEP Channai Zon,n0 & Plann,nQ HUB OF TREASURE V ALLN' A Good Place to Live 728 Meridlan Street MERIDIAN, IDAHO ar6,2 Phone 8884{33 GR,ANT P. KINOSFORD + 6 .t',o ' Y Pral /n6,/ a "/. COI]NC IL P & Z I.IEI,IBERS YOUR COM},IENTS WOULD BE APPRECIATED. THE ATTACHED I S A PROPOSED A],IENDMENT TO THE COIT{PREHEI9IVE PLAN ON WHICH A PUBLIC HEARING WILL BE HELD ON JULY,1984. /(..)t^0+ -t L -14o/ *?Lt4a-ry hrJ ProT 4 P 1", P /"n /otr c asc/ Com ,ncn/m^t 4mea/mca Pr4 \cn;" t/c 7o tlo / Prae" d Once the application is complete, the Comrrission may apPoint acomnitteetoreportontheapplicationandtheCornmission sha1l hold a public hearing on the application' At said hearing, the imendrnent shaIl be presented to the Commission Uy tfre-appticant and the Comrnission shall accept the public t6stimony-and evidence. Either after the hearing or at a later ne;ting held within 45 days of the public hearing, the comnission sha1l decide whether the application merits furthel itr.,ay. I f the Commission does not f i'nd that the application meriis further study, it shatl make findi-ngs of fact and conclusions suPporting its decision. If the Commission determins the lpplication merits further study, it need not prepare findj-ngi or conclusions. AIl applicants shall be notifiea of the Commission's decision by mail. Any applicant r.rlrose application is denied may appeal to the City Council- within tf,l rty (30) days from the date of notification of the decisron Uy iiting a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any applr.cation previously rejected which the City Council, by a majority vote, deems to r.rarrant further study. s If the application is found to meri.t furtlter study. the Comrnission nray hold one or more public r,rork sessions to con- sider thosc applications warranting further study. g In october and AprrI of each year. the Commission shal1 hold a public hearlng to consider all of the applications accer;ted by it for f,urthor study. At said hearing, the Comnii.ssion shall hear public testinony and take the report of its Committee, if one has been appointed, and sahll consider each application on its ovrn merlt and in relation to each other applrcation. Within 45 days of said hearing, the Comnrrssion shaII prepare findings of fact and conclusj-ons and shall recommend to thelcity Council approval or denial of each application, unless, upon qreement of t].e applicant, the application is held over for further consideration. The hearing on an)r particular application which would be held in Aprit or October shall not be held if the decision that the application merits furtlter study was made less than 21 days prior to the scheduled April or October hearing. Such apptication must then be held over to the next Aprj.1 or October hearing. e. f. FOT..EY & LANCE, CEARTERED i\tt orneys at Law iier rcage Builoing, Suite 300 77 E. Iuaho P. O. Box 81, 4 i.ierioian. Iaaho 83642 horraro I(. Foley iii ar G. Lance ( 206) 8u8-3s3 s !-ROi r : SiIBJECT: FOR: July 5, 1984 I.leriqj.an Planning & zoninE Comnission i'ier ioian Cit.y tia-t IliTTlJ: lir. ii. C. Spencer r Chai rman liovraro P.. FoLey and Aian G. Lance PubLic Hearj.ng on t'uture P]annj.ng & zoning Agencia l.ieetrng of Jul-y 5, 1984 The purpose oI thrs ciocunent is to provioe, in $/rrtten fornfour testirrrony regarciing one portion of the Planning and Zoning meeting scireouleci for Ju1y 5, 191t4. It is my unclerstanding that Planning & zoning wiIl. consicrer the establishnent of future publichearing <lates at which time consideraEion of the tentative Inlract/Uroan service Area AEreer,ient bet\reen the C1i:y oI i.ierioialr anc. Acia CounEy wil.l occur. lle rnosc st.rongly protest any further fiov€1 hearrng or aiscussion of this tentative Agreement in its present f ornr in the foilowing part,icular ano for the f ol.lowing reasons. our reaoing ano understanciing of the proposeq Agree ent conceec]s to Aca County oroinances ano thereby corrrplete jurisciic'rional control over, not only i.rerir:rianrs iRpact area, but -- ano the point of our protest -- i.ierioiants Urban service Planning Area. such an abrogration of control (the purpose of the Agreenent)is inappropriaEe ano urrsupporcaole, in our opinion. If the counterargulrlent be ti,lat I,reridian, by virt.ue of its annexingpolrers, stilI has final control anu thaE it is because of a tooliberal exercise of its annexing power tirat necessitates this aDroEaEi on of conrro], the a r gunent is shor t signi:eo anctaDsolutely inconsistent rvith the envisioneci statutory anoconsE.itutiona] o j,vr'r,ion oi powers. It appears to rne that Ada County was abl.e -- j.n the negotiation process -- to convince theiieridian deLegat]"on tnaE the past lawtuf exercise of tne Cityrs Lrovrer to annex !ras inappropriate ano, in essenceT ei:tenoed I'lerlciianrs bounoarres Deyono approl,riat,e li its. That concfusiont however, igr,ors present popul-ation anci expansion projections fortire City ano further suostrtutes Aoa Countyrs present juoginenL of what grovrth is reasonable ano appropriate for i.ieridian for that ot w".stzig--- qetu : J)II-l e3upT '5 UPTY aq DTnoqs 1 .I 5e aloeuosear e a?ETa06au of ?rorla .nEu Aau e Due,pTeq aq !?tnoqs s6uTrEau eouaSe arn?nJ ou ruoseaf sru? roJ .osTP DTnOqS lUaUOa:6Y :nO 'PAf,V 6UTUUPTd SaJTATAS ueqrn (asrog ,eun11 'aT6Bg '6'a) srFlI3 palJa}]E aI{1 o? uotlclpst:nI DuE To.rluoc (os ITradord pue) naacuoo sluaulaarhV qcns traqlo TTV.1uau:aarFg DrEpuels puB afqeuospar e 'qlTPt noo6 ut 'e1eTlo6aupue onb sntrBxs aq1 a6oall,rou>lcp o1 1no 'serrepunoq sruPTDT.relr ss an6 -puoc as o1 1ou sT '?uar',I 6on I rno ut '?urod Sutttut6aq aeprrdordde aqf 'sTProrrJo DalceTa ,(lluasa:d DUe lseC rno nfi6T uoTs s rr{{roJ 6uruoz 6 6uruue16 'E Frnr Z a6ea uPTpr f, at^l -xrya-trflt P & Z MEMBERS: ATTACHED WILL BE CONSIDERED FOR AMENDEMENTS TO COMPREHENSIVE PLAN, PLUS THE UPLAND PROPOSAL AT THE SPECIAL MEETI}IG TO BE HELD THURSDAY JULY 5, 1984 AT 7;30 P.M. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, Cily Cl6rk A. M. KIEBEFT, Trsrsu r€r BIcHARD D. NICHOLS, Chl6l ol Pollce BAUCE D. STUART, WEl6r Works, SuPi. WAYNEG CROOKSTON, JR., Attorney EARLwABD, waste Warer Supi. KENNY BOWERS F . ChI€I 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 June 14,1984 MAYOR COUNC IL P& Z MEMBERS THE ATTACHED IS A PROPOSED AMENDMENT TO THE PLAN ON WHICH A PUBLIC HEARING WILL BE HELD YOUR COWENTS WOULD BE APPRECIATED. CITY OF MERIDIAN COUNCILMEN BIL!gBEWER RONALO A. TOLSMA J E, BEFT MYEBS FOAEFTGI€SLER BOB SPENCER Chairman Zoning 6 Plannin! CRANT P. KINCSFORD COI\,IPREHENS IVE oN JULY 9,1984. prc\cnsnac io t/. 4."notaco/ Prd eo/u.o once the application is complete, the Cofiulisslon may appoint a Committee to report on the application and the CoNnission shaIl hold a pub}lc hearing on the application' At said fr".ri.rg, the -amendmen t shall be presented to the Commi-ssion [V- ti-ru-ippLicant and the Cornrnission shalI accept the public testimony- and evidence. Either after the hearing or at a iater meeting held within 45 days of the public hearinlr, the Commission sliaII decide whether the application merits furthe .tray. If the Cornmission does not find that the application meriis further study, it shall make findings of fact and conclusions supporting its decision. If the Commission determins the application merits further study, it need not prepare findings or conclusions. AII applicants shal-1 be notitiea of the commission's decisj-on by maiI. Any applicant whose application is denied may appeal to the City Council- within if,lrty (30) days from the date of notification of the decision ny tiling a written appeal stating the reasons for the appeal. The City Council may direct the Cornmission to consider any application previously reiected which the City Council, Y:y a majority vote, deems to rvarrant further study. 1f the application is found to merit f urther study, the Cornrnission may hold one or more public work sessions to con- sider those applications warranting further study. october ancl April of each year, the Commission shall hold a public hcaring to consider all of the applications accepted by it for J'urther study. At said heari-ng, the Commission shall hear public testimony and take Lhe report of its Committee, if one has been appointed, and sahll consider each application on its ovJn merj,t and in relation to each other application. Within 45 days of said hearing, the Comission shall prepare findings of fact and conclusions and shall recommend to the City Council approval or denial of each application, unless, upon qreement of tie applicant, the application is held over for further consideration. The hearing on any particular application which would be held in April or october shall not be held if the decision that the application merits further study was made less than 2I days prior to the scheduled April or October hearing. such applrcation nust then be held over to the next Aprrl or October hearing. PraT asc/ Lom , -.1-mandmcnl P 1",,, P /oq d e f . 1n s I I June 12, 1984 Mayor Counc i I The and attached request was zoning Commission at presented to the the Meeting held Planni-ng June 9,1984. A Public Hearing has at 7:30 P.M. been scheduled for July 5, 1984 Your Comments would be appreciated. Ja ck City N i emann CIerk \ranos€, ZGEFATOqoo(sIoN t:t6a2 d once the application is complete, the Comnission may appoint a Comnlittee to report on the application and the Commission shall hold a publi-c hearing on the application. At said hearing, the amendment shaII be presented to the Contmission by the applicant and the Comrnission shall accept the pu):lic t6stimony and evidence. Either after the hearing or at a Iater meeting held within 45 days of the public hearino, the Commission shall decide whether the application merits furthe study. If the Corunission does not find that the application merits further study, it shall make findings of fact and conclusions supporting rts decision. If the Commission determins the application merits further study, it need not prepare fin<lings or conclusions. AII applicants shall be notifiecl of the Commission's decislon by mai1. Any applicant r.rhose application is clenied may appeal to the City Counci.I wi,thin thj,rty (30) days from the date of notification of the decrsion by filing a written appeal stating the reasons for the appeal. The City Council rnay direct the Commission to consider any application previously rejected which the City Council, Lty a ma jorj-ty vote, deems to r.Jarrant further studlt. 1f the application is found to merit further study, the Cornrnission may hold one or more public rvork sessions to con- sider those applications warranting further study. In October and April of each year, the Commission shall hold a public hearing to consider aII of the applications accepted by it for f,urther study. At said heari-ng, the Coirunission sha}l hear public testlrnony and take t-he report of its Commj-ttee, if one has been appointed. and sahll consider each application on its ovrn merit and in relatron to each other application. Within 45 days of said hearing, the Comnission shaIl prepare findings of fact and conclusions and shall recommend to the City Council approval or denial of each application, unless, upon qrcemcnt of the applicant, the application is held over for further consideration. The hearing on an)' particular application whicir wouLd be held in April or October shall not be held if the decision that the application nterits further stud], was made less than 21 davs prior to the scheduled April or october hearlng. Such application must then be,he,l-d over to the next Airril or October hearj-ng. f s ,, daa.a6! h Upon receipt of the Pl-anning and Zoning Commission's rlcommendalions on Comprehensive Plan amendment, the City Council will set a date for publ j-c hearing on the applications. At the public hearing, the proposed amlndments wilt be presented and the City Council lviIl rece appo ort of its Committee, if one. has been public testimony on each application.ive the rep inted, and Afleadmen t- ef- the -eemPrehenGi ve - Pf a n- reay-be - granted-6n1y to- eorr eet- aa -e rrer- ia - th e- Pl aa-e f- b eea€s e -e€- e ub s tanti a] ehange-ia-the-aetuatr-eenditiens-e4-an-area-lrhieh-results-+n a -re,ate ri a1-d rserepa aey-er - d+ spari ty- betneen - th e- eeadi tien s + n- the- area-aad-a]1-er-part-ef- the- 9]aa:' If the Flanning and Zoning Conunission determines that a study of the proposed application or cond.itions affectino the proposed application is necessary, and the necessary funds for such a study are not available, the application may be tabled +for up to a one-year periodl to alfow the budqJeting of the necessary funds for the study, unless the applicant agrees to pay in advance the estir,lated cost of the study. k I COPY PETTTIOII FOR AI(ENDilENT OF UERIDIAN COIIiPRAEENSIVE PLAN FOR Tffi CITY OF I,IERIDTAN , IDAEO TO: THE PLANNING AND ZONING COMMISSION, CITY OF MERIDIAN 1. UPTAND INDUSTRIES CORPORATION, a Nebraska corporation, whose address is 110 North Fourteenth Street, Suite 1000, Omaha, Nebraska 58102 (hereafter sometimes called "Petitioner"), hereby respectfully petitions the Planning and Zoning Commission of the City of Meridian, Idaho, and the City Council of the City of Meridian, Idaho, to amend the Meridian Comprehensive PIatr as adoptef September 18, 1978, and as amended April 2, L984, as follows: (A) To provide that the entire Northwest Quarter of Section 9, Township 3 North, Range 1 East of the Boise Meridian, be desj.gnated in the Comprehensive PIan as a site for a RegionaL Shopping Center. 2. The Conprehensive Plan tail in Exhibit "A precise amendments to acconplish this " attached hereto. to be made to the are set out in de- ? for which the For ease in identification, the properties amendments are requested are the two (2) (B) To remove the North Curve "Rural Residential Reserve" designation f rom the enti.re Northeast Quarter of Section 9, Townshi.p 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. 2 quarter sections (Northeast Quarter of Section 8, Township 3 North, Range l East and the Northwest Quarter of Section 9, Township 3 North, Range l East of the Boise Meridian, Ada County, Idaho) lying on either side of Eagle Road and immediately south of Fairview Avenue in the City of Meridian. (A) The property in Section 9 requested to be designated for a Regional Shopping Center consists of approximately 150 acres and is owned or controlled by the Petitioner, Upland Industries Corporation. The property is presently designated on the Comprehensive P1an as being within an Eastern Industrial Review area. It is presently zoned I.L. under the Zoning and Development Ordinance of the City of Meridian as passed April 2, 1984. (B) The property in Section I to be renoved from Rural Residential Reserve designa- tion consists of approximately 160 acres and has heretofore been annexed into the City of Meridian. It is zoned as "Industrial Light", and is the site of the proposed Treasure ValIey Busi.ness Center, Phase I, an industrial park sub- division. The final plat for approval- and filing of TVBC-I will have been sub- mitted to the Planning and Zoning (A) Provide City of for the orderly Mer id ian and its growth of the env i rons; 3 Commission for approval and filing prior to hearing on this Petition. 4. The condition and situation which warrants the change being nade in the Plan is that the City of Meridian and its surrounding area are not served by a Regional Shopping Center and that the property belonging to the Petitioner'is amenable to developnent of a Regional Shopping Center with outstandi.ng representation by major department stores, specialty stores and services for the residents of the City of Meridian and the surrounding re- gion. The land in guestion has heretofore been annexed into the City of Meridian. 5. At the time the Comprehensive Plan was amended on April 2, 1984, there was inadequate time to present to the Planning and Zoning Comrnission and to the City Counci.l- the proposal that the designated regional shopping center sites under the Meridian Comprehensive Plan be expanded to include the property belonging to Upland Industr ies Corpor at ion. 6. The public need for and benefit from change in the Comprehensive Plan would generally suc h be to: (B) Make readily available to the residents of the City of Meridian a wide range of store and shopping facilities and services that can Shopp in9 4 only be furnished bY a Regional Center i (C) To attract to the City of lleridian and generate within the City a large volume of business that would result from the location within the City of a regional shopping center of adequate size to serve the entire Treasure VaIley and metropol- i tan mar ket i (D) The current designation of a single site for a proposed regional shopping center within the City of Meridian has been in effect for several years. The property though designated, has not proven adequate to attract the najor retailers necessary to support the development of a regional shopping center. It is probable that the northern Ada County area in 'ahich the City of Meridian is situate is one of the largest metropolitan markets in the entire nation not presently served by a Regional Shopping Center. The size of the population within the metropolitan area and the trade area would indicate that given a suitable location for a Regional Shopping Center, the major re- tail stores necessary to nake up the de- vel-opment of such Regional Shopping Center would hasten to enter the market. Upland Industries Corporation submits that the ) site at the intersection of Fairview Avenue and Eagle Road will be able to attract these major retail stores and that the Regional Shopping Center can equally become a reality. It is appar- ent by reason of the inability of the presently designated sites and of the Boise Re-Development Administration to attract establishment of a Regional Shopping center either at these other sites or in the downtown Boise area, that the major retail firms have not found those other locations to be ade- quate for their needs. 1. It is respectfully submitted that the suit- ability of this location at the intersection of Eagle Road and Fairview Avenue in the City of Meridian will be amply demonstrated by the testimony and exhibits to be introduced at the hearings on this cause, which will consist generally of reference to the suitability of the site itself for develogment, transportation access to and from the site, demographic study of trends for the growth of the City of Meridian and northern Ada County, Ehe Air Quality Improvement Plan for northern Ada County and the Transportation Plan for Northern Ada County, together vTith your Petitionerrs proposed improvements to be made to the Property. 8. Far rha l rnzl The development intentions of your Petitioner involved are as follows: Upon Plan your the amendment of the Comprehensive Petitioner wi.1I request that the o zoning on the affected land be changed from presently designated to I.L. to C.G. to allow the development of a regional shopping center. The Petitioner will rnake available to the land involved, extension of water and sewer service without cost to the City of Meridian and make available a1.l- necessary easements for the pur- pose of furnishing such utilities. Petiti.oner has prepared plans and drawings for furnishing ut.ility services to the property which consist of : (A) Culinary water to be furnished to the land by extension of I0" mains from the existing Meridian s1u stem on Fairview Avenue and the future Pine Avenue Extension. A11 internal development distribution lines are proposed to be 12" to facilitate fire f1ows. Additional water supply will be constructed on site as needed, in the forn of deep well(s) . These features will satisfy the needs of a Regional Shopping Center located within the area affected. (B) Sanitary sewer capacity for the project will be furnished via a 15" diameter sewer outfall line extending west from the west line of the property along the future and present Pine Avenue alignment con- necting to the 21" existing trunk line which crosses Pine Avenue. Collection 7 lines of 8", 10n and 12n in diameter will serve the various portions of the proposed development. Preliminary design has been completed for the entire property. This design will accommodate the anticipated Ioads of a Regional Shopping Center in the southeast quadrant of the Eag1e Road/ Fairview Avenue intersection in addition to the industrial development proposed at Treasure va1ley Business Center to the west of the property affected herein. (C) Drainage of the land within the proposed Regional Shopping Center designation is prooosed to be accomplished by conveying the historic run-off (that amount gener- ated by the land as currently used) via open swales to a discharge point in the Settlers Canal. Run-off in excess of the historic amount, generated due to development, will be detained on indi.vid- ual lots or parcels by means of parking 1ot storage, roof storage, underground storage, basin storage or similar methods. Drainage design to acconmodate a regional shopping center location on the east side of Eagle Road will proceed in connection hrith the design for the industrial park on the land west of Eagle Road. o been act ively It should be noted that your Petitioner has involved in the development of the Treasure 8 Va11ey Business Center, Phase I, a proposed business and light industrial park on land belonginq to the Petitioner lying west of Eagle Road and south of Fairview Avenue. IE is anticiapted that prior to public hearing on this petition, the final plat for that development will have been submitted to the City of Meridian in accordance tdith the Subdivision Ordinance of the City of Meridian. I0. Upland Industries Corporation respectfully submits that with the concurrent developnent of the Treasure Valley Bus j.ness Center on Upland's property west of Eagle Road together with groposed regional shopping center east of Eagle Road, the City and surrounding area will be benefited by a broad based mix of business and light industry which will enhance the entire comrnunity economv and environrnent. There will be filed with the Petition herein or at the time of Planning and Zoning Commissi.on review, ap- propriate exhibits and documents in support of this Petition. Respectfully submitted thLs _ day of June, 1984. UPLAND INDUSTRIES CORPORATION By PETTTION OT T'PLAI{D IIDUSTRIES CORPORATION FOR COI{PREEBNSIVE PI,AIC CEANGE ITI TEB CITY OF IIERIDIAN, IDAEO EXEIBIT.A. In order to accomplish the amendment to the Conprehensive PIan of the City of Meridian as amended Apr j.1 2, 1984, as reouested in the Petition of Upland Industries Corporation, to which this Exhibit A is at- tached, the following line item changes to the ordinance appear to be appropr i ate: 1 (Page 7) AIT,IENDMENT OF POLICY DIAGRAM. Though the Policy Diagram is defined on page 5 to be a ngeneral guide for land use decision rnaking---not as a legalistic, Iiteral and definitive rnap, " and is--- "not intended to be used as the sole, authoritative means for decision-making, " it appears the following changes are appropriate to the Meridian PoIicy Diagram: (a) Delete the "Rural Residential Reserve" designation and Neighborhood des ignat ion as shown at the North Curve area south of Fa i rvi.ew Avenue. (b) Designate the southeast quadrant of the Fairview Avenue/EagIe Road inter section as a Regional Shopping Center location (including, without Iimitation, the entire Northwest ouarter of Section 9, Township 2 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho). (c) Indicate on the legend to the Meridian Policy Diagram that the an indus- trial review area as are areas. I II--POPULATION GROWTiI. Change the third line in the fifth paragraph in this section to designate nore than a si.nguJar regional shopping center site as follows: 'or when a proposed re- gional shopping center becomes a reality, or as industry Locates within the area. " (underscored portion is the suggested additi.on. ) 3. (Page 15)INTERCHANGE DEVELOPMENT. Add an additional sentence to the end of that paragraph to read as follows: "Although the Fa j.rview Avenue,/Eag1e Roadintersection is not presently an interchangelocated on the I-84 interstate highway, com-mercial and industrial development is encour-aged at that location in that i.t is, and willbe with the cornpletion of the Eagte Road in-terchange as announced by the Idaho Departmentof Transportation, a major intersection in-terchange involving princi.pal highways of AdaCounty and the State. " 2. (Page 12 ) 3 to r ead area to shopp ing 4. (Page 18)EASTERN INDUSTRIAL REVIEW AREA. Subsection 3 of the above section should be amended as follows: "---bench), the contiguous residential the nor th ,and the proposed site of a reg i onal center in the southeast quadrant of the inter- section of Fairview Avenue and Eaqle Road. "( emphas i s added to proposed change). 5. (Page 19)COMMERCIAL ACTIVITY CENTERS. Reg ional Shopping Center. The text of this subheading should be amended to read as follows: 'As the largest designation of the Conmercial ActiviEy Center designations, aregional shopping center is designed to serve Ada County and the surrounding counties which make up the Treasure Valley.Sites for pos-sible re ional sho 1n centers have been des- nat.ed in the nor theas t uadrant o the I-84 Kuna-Mer c terchan e and the sou theas t1lan 1nrant o the Ea le Road Ir alrvlew Avenue 1 r-ntersect ron.(emphasis added to proposed change) . 5. (Page 20) REGIONAL SHOPPING CENTER. We would amended to read as suggest that this policy section be follows: rMeridian is encourag j.ng, andpast encouraged, the development of in the reg ional has POLIC IES and it is as follows: under this suggested 4 "shopping center. As the geographic centerof Treasure Val1ey, Meridian possesses ideal locations for such a center. Such a regional shopping center would have a significant impact upon the economy and environment in Meridian and could potentially become a new central business district. Such a shopping center would provide a wide variety of retail enter-prises and supporting commerciaL uses such as office complexes, medical clinics, moteJ-s, and entertainment facilities. Therefore, Meridian is encouraging the development ofa regional shopping center near the Meridian,/ Kuna Road freeway interchange or in the south- east quadrant of the Eagle Road,/Fairview Avenueintersection, or at both such locations.'l In addition, we submiE that Policies heading be amended, at least in part, lhat Policy No. I be amended to read '1. It is the policy of the City ofMeridian to encourage and support the devel- opment of a Regional Shopping Center at eitheror both sites listed above. Either site could become a core conmercial activity center withinMeridian's Urban Service Planning Area, aswell as the Treasure valley. "; and Policy No. 2 might appropriately be amended to read as follows: "2. The evaluation of a regional shogpingcenter development shall be primarily based upon its consistency with the land use poli-cies of the Meridian Comprehensive P1an, aswell as the future Air Quality Plan of Northern Ada County. " 7. (Page 20)COMMUNITY COMMERCIAL CENTERS. Designated PoLICY under propriately be anended to read as this section might ap- fol lows : "Application for Comnunity Shopping Centers, as well as expansions of existing corununity shopping centers, shal1 be reviewed for possible adverse imPacts upon the devel- opment of a regional shopping center." 8. (Page 22)MIXED-USE REVIEW AREAS. TI{E AREA WEST OF KUNA-I,TERIDIAN ROAD, NORTE OF I-84N, AND SOUTH OF WALTMAN LANE, AND CONTIGUOUS TO TEE FRONTAGE ROAD should be amended to read as follows: 'This area is located in proximity to a regional shopping center location, is re-Iatively level in topography and will have excellent access to the freeway interchange upon completion of the proposed frontage road west of Kuna-tleridian Road. As a site for warehousing, liqht industry, and related com- mercial activities, this mixed-use area willprovide an excellent location for support ser- vices to a regional shopping center if one is developed at the Kuna-Meridi an/I-84 interchange. " 9. (Page 31) PoLICIES. Sub-paragraph nunber 4 should be amended to read as follows: n4. In order to preserve the integrityof residential neighborhoods and at the same time better serve regional shopping centerlocations, industrial review areas, community shopping center, and Old Town, the Policy -5- 6 'Diagram identifies circular and perimeter arterial traffic patterns which intend to enhance, serve, unify and give shape to Meridian's Urban Service Planning Area." 10. (Page 32)ARTERIAL TRANSPORTATION CONCEPT PLAN . A large asterisk should be added in the southeast quadrant of the Eagle Road/Fairview intersection and the legend needs to be amended to read "Regional Shopping Center Locationsn.The portion of the North Curve residen- tial area which lies south of Fairview Avenue within the Northeast Quarter of Section 8, Township 3 North, Range I East of the Boise Meridian, Ada County, Idaho, should be deleted. 11. (Pa9e 34)REGIONAL SHOPPING CENTER. "REGIONAL should be The heading here should be changed to read SHOPPING CENTERS", the paragraph directly below nunbered "a", and shouLd read as follows: "a. The proposed Regional Shopping Center location northeast of the I-84lKuna-Meridian Road interchange, should include two frontage roads i n The next two sub-paragraphs thereunder should be renumbered to I and 2, and a new paragraph number should be added as follows: "b. The proposed regional shopping centerlocation in the southeast quadrant of the Eagle Road and Fairview Avenue intersection should be adequately served by existing arterials, Eagle 7 "Road on the rrest and Fairview Avenue on thenorth. When developed, however, the location and number of curb cuts and private access roads to the regional shopping center property should be carefully reviewed by the Planning and Zoning Commission and City Engineeringstaff to provide for orderly traffic movementinto and out of the regional shopping center. n 12. (Page 35)RURAL AR3AS. It is suggested that the definition section under Rural Areas recognize that lands that have historically been i.n agricultural activity 90 through a transitional stage where they sti11 retain some agricuLtural character but are not utilized for intensive highly developed agri- culture. We would suggest therefore that the last sentence be amended to suggest as follows: "It is intended these lands be kept inagricultural production as long as economi-caI1y f easibJ-e, however, where communitygrowth needs and increased traffic at accesscreates pressure for new industrial or com-mercial developnent, it must be recognizedthat such land can no longer economically con-tinue to be identified or used as agriculturalland to the exclusion of orderly growth and development. " I3. (Page 52)CAPITAL IMPROVEMENTS PROGRAM (crP). 2. Transportation Improvement program. Second designated item under this subheading should be amended to read as follows: nFrontage Road from Eagle Road vrest toKuna,/Meridian Road (to service a possible Regional Shopping Center location). " I OTHER PROJECTS, 2. Support and encourage development of Commercial Activity Centers. The first subject therein should change to read as Eollows: 'A Regional Shopping Center at eitherIocation referred to in the Plan. " The Planning and Zoning Commission and the City Council of the City of Meridian may feel there are other changes to be made to accomplish the purposes contained in the Petition of Upland Industries Corporation. In con- nection with the concurrent request in the Petition to remove the Rural Residential Reserve designation on the poLicy diagram of the Comprehensive Plan from the area in t.he southwest quadrant of the Eagle Road,/Eairview Avenue Intersection, it may be desirable to make other specific amendments or changes to the plan in order to allow business and industrial development in the subject neighborhoods adjacent to Eagle Road,/Fairview Avenue. In the event the Planning and Zoning Commj.ssion and the City Council of the City of Meridian for any reason deny the Petition of Upland to designate the Northvrest Ouarter of Section 9 described above as a Regional Shopping Center location, then Petitioner, in the alternat j.ve, requests that the necessary amendments be made in the Comprehensive Plan to conform its provisions to permit the previously established light industrial zoning for this property. 14. (Paqe 53) TO: TIIE PLANNING AND ZONING COMMISSION, CITY oF MERIDIAN I. UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, whose address is 1].0 North Fourteenth Street, Suite I000, Omaha, Nebraska 58102 (hereafter sometines called "Petitioner"), hereby respectfully petitions the Planning and Zoning Commission of the City of Meridian, Idaho, and the City Council of the City of Meridian, Idaho, to amend the Meridian Comprehensive Plan as adopted September I8, 19787 and as arnended April 2, 1984, as follows: (A) To provide that the entire Northrrest Quarter of Section 9. Township 3 North, Range I East of the Boise Meridian, be designated in the Comprehensive Plan as a site for a Regional Shopoing Center. (B) To remove the North Curve nRural Residential Reserve" designation fron the entire Northeast Quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, 2. The precise amendments to be made to the Comprehensive Plan to acconplish this are set out in de- tail in Exhibit 'A" attached hereto. f or \^rh ich the For ease in identification, the properties amendments are requested are the two (2) ORI G INAL PETITIOI FOR AUEIIDII{ENT OF UBRIDIAN COI,IPREEENSM PLAI{ POR TEE CITY OFuERrDtalt, IDAEO l$l quarter sections (Northeast Ouarter of Section g, Township 3 North, Range l East and the Northwest euarter of Section 9, Township 3 North, Range l East of the Boise Meridian, Ada County, Idaho) lying on either side of Eagle Road and inmediately south of Fairview Avenue in the City of Meridian. (A) The property in Section 9 requested to be designated for a Regional Shopping Center consists of approximately 150 acres and is owned or controlled by the Petitioner, Upland Industr ies Corporation. The property is presently designated on the Comprehensive Plan as being within an Eastern Industrial- Review area. It is presently zoned f .t. under the zoning and Development Ordinance of the City of Meridian as passed April 2, 1984. (B) The property in Section I to be renoved from Rura1 Residential Reserve designa- tion consists of approximately 150 acres and has heretofore been annexed into the City of Meridian. It is zoned as "Industrial Light', and is the site of the proposed Treasure VaIIey Business Center, Phase I, an industrial park sub- division. The final plat for approval and fi1ing of TVBC-I will have been sub- mitted to the Planning and Zoning -2- lNlll 3 Commission for approval and filing prior to hearing on this petition. 4. The condition and situation which warrants the change being made in the plan is that the City of Meridian and its surrounding area are not served by a Regional Shopping Center and that the property belonging to the Petitioner is arnenable to developnent of a Regional Shopping Center with outstanding representatj.on by major department stores, specialty stores and services for the residents of the City of Meridian and the surrounding re- gion. The land in question has heretofore been annexed into the City of Meridian. 5. At the time the Comprehensive Plan was anended on April 2, L984, there was inadequate time to present to the Planning and Zoning Comrnission and to the City Council the proposal that the designated regional shopping center sites under the MeriCian Comprehensive Plan be expanded to include the property belonging to Upland Industries Corporat ion. 6. The public need for and benefit from a change in the Comprehensive Plan would generally (A) Provide for the orderly growth of the City of Meridian and its environsi (B) Make readily available to the residents of the City of Meridian a wi.de range of store and shopping facilities and services such be to: 4 that can only be furnished by a Regional Shopping Center i (C) To attract to the City of Meridian and generate within the City a large volume of business that r{ould result from the location within the City of a regional shopping center of adequate size to serve the entire Treasure Valley and netropol- itan market, (D) The current designation of a single site for a proposed regional shopping center within the City of Meridian has been in effect for several years. The property though designated, has not proven adequate to attract the major retailers necessary to support the development of a regional shopping center. It is probable that the northern Ada County area in which the City of Meridian is situate is one of the largest netropolitan markets in the entire nation not presently served by a Regional Shopping Center. The size of the population within the metropolitan area and the trade area wou.Ld indicate that given a suitable location for a Regional Shopping Center, the major re- tail stores necessary to make up the de- velopment of such Regional Shopping Center would hasten to enter the market. Upland Industries Corporation subnits that the 5 site at the intersection of Fairview Avenue and Eagle Road will be able to attract these major retail stores and that the Regional Shopping Center can egually become a reality. It is appar- ent by reason of the inability of the presently designated sites and of the Boise Re-Development Administration to attract establishment of a Regional Shopping Center either at these other sites or in the downtown Boise area, that the major retail firms have not found those other locations to be ade- quate for their needs. 7. It is respectfully subnitted that the suit- ability of this location at the intersection of Eagle Road and Fairview Avenue in the City of Meridian will be a:nply demonstrated by the testimony and exhibits to be introduced at the hearings 6n this cause, which will consist generally of reference to the suitability of the site itself for development, transportation access to and Erom the site, denographic study of trends for the growth of the City of Meridian and northern Ada County, the Air Quality fmprovement P1an for northern Ada County and the Transportation PIan for Northern Ada County, together with your Petitioner's proposed inprovements to be made to the property. 8. for the land The development intentions of your Petitioner involved are as follows: Upon Plan your the amendment of the Comprehensive Petitioner will request that the 6 zoning on the affected land be changed fron presently designated to I.L. to C.c. to allow the development of a regi.onal shopping center. The Petitioner will make available to the land involved, extension of r,rater and sewer service without cost to the City of Meridian and make available all necessary easements for the pur- pose of furnishing such utilities. petitioner has prepared plans and drawings for furnishing utility services to the property which consist of: (A) Culinary \.rater to be furnished to the land by extension of lOn mains from the existing Meridian systen on Fairview Avenue and the future Pine Avenue Extension. A11 internal development distribution lines are proposed to be 12' to facilitate fire flows. Additional water supply will be constructed on site as needed, in the form of deep well(s). These features will satisfy the needs of a Regional Shopping Center located within the area affected. (B) Sanitary sewer capacity for the project will be furnished via a 15" diameter sevrer outfall line extending west from the west line of the property along the future and present Pine Avenue alignment con- necting to the 21" existing trunk line which crosses Pine Avenue. Collection n lines of 8", 10" and 12" in diameter will serve the various portions of the proposed development. Preliminary design has been completed for the entire property. This design will accommodate the anticipated loads of a Regional Shopping Center in the southeast quadrant of the Eagle Road/ Fairview Avenue intersection in addition to the industrial development proposed at Treasure valIey Business Center to the west of the property affected herein. (C) Drainage of the land within the proposed Regional Shopping Center designation is proposed to be accomplished by conveying the historic run-off (that amount gener- ated by the land as currently used) via open swales to a discharge point in the Settlers Canal. Run-off in excess of the historic amount, generated due to development, will be detained on individ- ual lots or parcels by means of parking lot storage, roof storage, underground storage, basin storage or similar methods. Drainage design to accommodate a regional shopping center location on the east side of EagIe Road wiIl proceed in connection with the design for the industrial park on the land vrest of Eagle Road. 7 It should be noted that your Petitioner has involved in the development of the Treasure o been actively Va11ey Business Center, phase I, a proposed business andlight industrial park on land belonging to the petitioner lying west of Eagle Road and soutb of Fairview Avenue. It is anticiapted that prior to public hearing on thispetition, the final plat for that development will have been submitted to the City of Meridian in accordance with the Subdivision Ordinance of the City of Meridian. 10. Upland fndustries Corporation respectfully submits that with the concurrent development of the Treasure Valley Business Center on Upland's property west of Eagle Road together with proposed regional shopping center east of Eagle Road, the City and surrounding area will be benefited by a broad based mix of business and light industry which will enhance the entire community economy and environrnent. There will be filed with the Petition herein or at the time of Planning and Zoning Commission review, ap- propriate exhibits and documents in support of this Petition. Respectfully submitted Lhis _ day of June, 1984. UPLAND INDUSTRIES CORPORATION B Its Executive Vice president -8- PETITTON OP T'PI,NTD IITDT'STRIES CORPORATTON FOR COilPRBEEITSTVE PI,Af, CEANGB ItI TEBCITY OF TTERIDTAN, IDASO EXEIBIT 'A' In order to accomplish the anendment to the Comprehensive Plan of the City of Meridian as amended April 2, 1984, as resuested in the petition of UpJ_and Industries Corporation, to which this Exhibit A is at- tached, the following line i.ten changes to the ordinance appear to be appropriate: 1. (Page 7 )AMENDI{ENT OF POLICY DIAGRAM. Though the Policy Diagram is defined on page 6 to be a ngeneral guide for land use decision making---not as a legalistic, literal and definitive map," and is--- "not intended to be used as the so1e, authoritative means for decision-naking, n it appears the following changes are appropriate to the Meridian Policy Diagran: (a) Delete the "RuraI Residential Reserve" designation and Neighborhood des ignat ion as shown at the North Curve area south of Fairview Avenue . (b) Designate the southeast quadrant of the Fairview Avenue/Eag1e Road inter sect ion as a Regional Shopping Center location (including, without limitation, the entire Northwest Quarter of Section 9, Township 3 North, Range 1 East of Ada County, Idaho) . the Boise Mer id i an, (c) Indicate on the legend to the Meridian Policy Diagram that the oE" is an indus_ trial reviehr area as are the .T" and "W, areas. 2. (Page 12) III--POPULATTON GROWTE Change the third line in the fifth paragraph in this section to designate more than a singular regional shopping center site as follows: nor when a proposed re- gional shopping center becones a reality, or as industry Iocates within the area. " (underscored portion is the suggested addition. ) (Page 15) INTERCHANGE DEVELOPIIENT. Add an additional sentence to the end of that paragraph to read as follows: "Although the Fairview Avenue/Eag1e Roadintersection is not presently an interchangelocated on the f-84 interstate highway, com-mercial and industrial development is encour- aged at that location in that it is, and will be with the completion of the Eagle Road in-terchange as announced by the Idaho Departmentof Transportation, a major intersection in-terchange involving principal highways of Ada County and the State. " 3 -2- 3 POLICIES to read area to shopp i. n 4. (Page 18) EASTERN INDUSTRIAL REVIEW AREA Subsection 3 of the above section should be amended as follows: "---bench), the contiguous residential the north, and the proposed site of a r eq i. onal g center in the southeast quadrant of the inte r - sect ion of Fairview Avenue and Eaqle Road. "( emphas i s added to proposed change) . 5. (Page 19)COMMERCIAL ACTIVITY CENTERS. Regional Sho ppinq Center. The text of this subheading should be amended to read as follows: rAs the largest designation of the Commercial Activity Center designations, aregional shopping center is designed to serve Ada County and the surrounding counties which make up the Treasure Valley.S ites for pos-sible re ional sho 1n centers have been des- na ted Ln the nor theas t uadrant of the I-84 Kun a-Me r d 1an interchan e and n the sout1 ua rant o the Ea 1e Road rview Avenueaintersecton.( emph ASlS ad e to proposGd (Page 20) REGIONAL SHOPPING CENTER. ahansEf. 6. "Mer idian is encouraging, andpast encouraged, the development of has a in the reg ional We would suggest that this policy section be amended to read as follows: liEtll1uvdlo ,\ .r 3rn 4 "shopping center. As the geographic centerof Treasure VaI1ey, Meridiin possesses ideallocations for such a center. -Such a regionalshopping center would have a signi.f icanl impactupon the economy and environment in Meridianand could potentially become a new centralbusiness district. Such a shopping centerwould provide a wide variety of retail enter-prises and supporting commercial uses suchas office complexes, medical clinics, motels, and entertainnent facilities. Therefor e,Meridian is encouraging the development ofa regional shopping center near the Meridian,/ Kuna Road freeway interchange or in the south- east quadrant of the Eagle Road,/Fairview Avenueintersectionr or at both such locations. " In add i tion,we submit that Policies heading be amended, at least in part, that Policy No. 1 be amended to read and it is as follows: under this suggested and Policy No. 2 might appropriately be amended to read follows: "2. The evaluation of a regional shopping center devel-opment shal1 be primarily based upon its consistency with the land use poli- cies of the Meridian Comprehensive Plan, aswell as the future Air Quality PIan of Northern Ada County. " nI. It i.s the policy of the City of Meridian to encourage and support the devel- opment of a Regional Shopping Center at ei.theror both sites listed above. Either site could become a core commercial activity center r,oithin Meridian's Urban Service Planning Area, aswell as the Treasure Va11ey. "; lfE, 1UVd30 //r Cln 5 Designated pOLICy under propriately be amended to read as this section might ap- follows: oApplication for Community ShoppingCenters, as well as expansions of exi.stingconmunity shopping centers, sha11 be reviewedfor possible adverse inpacts upon the devel- opment of a regional shopping center.n 8. (Page 22)MIXED-USE REVTEW AREAS. TIIE AREA WEST OF KUNA-I{ERIDIAN ROAD, NORTE OF I-84N, AND SOUTII OF WALTMAN LANE, AND CONTIGUOUS TO TEE FRONTAGE ROAD should be amended to read as follor,rs: 'This area is located in proximity toa regi.onal shopping center location, i.s re-Iatively level in topography and will haveexcellent access to the freeway interchange upon completion of the proposed frontage road west of Kuna-Meridian Road. As a site for warehousing, light industry, and related com- mercial activities, this mixed-use area willprovide an excellent location for support ser- vices to a regional shopping center if one is developed at the Kuna-Meridian/I-84 interchange. n 9. (Page 31)POLICIES. Sub-paragraph number 4 should be amended to read as follows: n4. In order to preserve the integrityof residential neighborhoods and at the sametime better serve regional shopping centerlocations, industrial review areas, conmunit!, shopping center, and Old Totn, the Policy 7. (Page 20) COMMUNITY COMMERCIAL CENTERS. ltBr^/1uvJlo,!\!l 3ln 6 "Diagram identifies circular and perimeterarterial traffic patterns which intend toenhance, _serve, unify and give shape toMeridian's Urban Service planning irea." TO. (Page 32) ARTERIAL TRANSPoRTATIoN CoNCEPT PLAN. A large asterisk should be added in the southeast quadrant of the Eagle Road/Fairview intersection and the legend needs to be amended to read "Regional Shopping Center Locations".The portion of the Nort.h Curve residen- tial area which lies south of Fairview Avenue within the Northeast Quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, should be deleted. 11. (Page 34)REGIONAL SHOPPING CENTER. The heading here should be changed to read nREGIONAL SIIOPPING CENTERSn, the paragraph directly below should be numbered "an, and should read as follows: 'a. The proposed Regional Shopping Center location northeast of the I -8 4,/Kuna-Mer id i an Road interchange, should include two frontage roads i n The next two sub-paragraphs thereunder should be renumbered to I and 2, and a new paragraph number shoulil be added as follows: nb. The proposed regional shopping centerlocation in the southeast quadrant of the Eag1e Road and Fairview Avenue intersection should be adequately served by existing arterials, Ea91e lNltr,llUvdl0 I^V-l lln 7 "Road on the west and Eairvie$, Avenue on thenorth. When developed, however, the locationand nunber of curb cuts and pri.vate access fg"d:-tg the regional shopping center propertyshould be carefully reviewed by the nlinninq - and _Zoning Commission and City Engineeringstaff to provide for order)_y tratiic movementinto and out of the regional shopping center. " 12. (Page 35) RURAL AREAS. It is suggested that the definition section under Rural Areas recognize that lands that have historically been in agricultural acti.vity go through a transitional stage where they sti1J. retain some agricultural character but are not utilized for intensive highly developed agri- culture. We would suggest therefore that the last sentence be amended to suggest as follows: "It is intended these lands be kept inagricultural production as long as economi- ca11y feasible, however, where communitygrowth needs and increased traffic at access creates pressure for new industrial or com-mercial development, it nust be recognizedthat such land can no longer economically con-tinue to be identified or used as agriculturalland to the exclusion of orderly growth and development. " 13. (Paqe 52)CAPITAL IMP ROVEMENTS PROGRAM (CIP). 2. Transportation Improvement Program. Second designated item under this subheading should be amended to read as follows: nFrontage Road from Eagle Road \,rest to Kuna,/Meridian Road (to service a possi.ble Regional Shopping Center location) . " llfjv,l.tuvdic L\! Jln 2. Support and encourage development Corunercial Activity Centers. The first subject should change to read as follows: of therein - 'A Regional Shopping Center at eitherlocation referred to- in lfre p1an. " The Planning and Zoning Commission and the City Council of the City of Meridian may feel there are other changes to be made to accomplish the purposes contained in the Petition of Upland Industries Corporation. In con- nection with the concurrent request in the petition to remove the Rural Residential Reserve designation on the policy diagram of the Comprehensive plan fron the area in the southvrest guadrant of the Eagle Road/Fairview Avenue Intersection, it may be desirable to make other specific amendrnents or changes to the plan in order to allow business and industrial developrnent in the subject nei.ghborhoods adjacent to Eagle Roadr/Fairvie$, Avenue. In the event the Planning and Zoning Comnission and the City Council of the City of Meridian for any reason deny the Petition of Upland to designate the Northwest Ouarter of Section 9 described above as a Regional Shopoing Center location, then Petitioner, in the alt.ernative, requests that the necessary amendments be made in the Comprehensive Plan to conform its provisions to permit the previously established light industrial zoning for this property. -8- 14. (Page 53) OTHER PROJECTS. lNlrJluvdl0 nfl ctn