HomeMy WebLinkAboutUna Mas AZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEI"VED
MAR 0 9 2006
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In the Matter of Annexation and Zoning of 9.55 acres from RUT (Ada County) to C-
G(General Commercial), by Una Mas LLc.
Case No(s).: AZ-05-061
For the City Council Hearing Date of: March 14,2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 14, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
14,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 14,2006 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 §
11-5A.
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). AZ-OS-O61 - PAGE 1 00
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
party requesting notice.
7. That this approval is subject to the Legal Description and Development Agreement all in
the attached Staff Report for the hearing date of March 14,2006 incorporated by
reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Annexation is approved subject to the Development
Agreement in the attached Staff Report for the hearing date of March 14, 2006
incorporated by reference.
Notice of Final Action and Right to Regulatory Takings Analysis
D.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E.
Attached: Staff Report for the hearing date of March 14, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-OS-O61 - PAGE 2 of3
By action of the City Council at its regular meeting held on the
,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
MAYORTAMMYdeWEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-OS-O61 - PAGE 3 00
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
.
STAFF REPORT Hearing Date: March 14, 2006
Planning Commission Hearing Date: February 16, 2006
TO: Meridian City Council
FROM: Planning Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Una Mas Annexation
AZ-05-06l
Annexation and Zoning of9.55 acres from RUT (Ada County) to
C-G (General Commercial).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Una Mas, LLC, has applied for Annexation and Zoning (AZ) to C-G (General
Commercial) for 9.55 acres of property currently zoned RUT in Ada County. The site is located
on the south side of Ustick Road, approximately 1/4 mile east of Eagle Road. This site is
currently rural residential with one single-family residential building and accessory buildings.
The applicant is proposing to construct office and commercial uses on the site with the remainder
of the property being developed for undetennined commercial cross accesses.
2. SUMMARY RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public
hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Jon Reseigh, Hansen-Rice Eng.
ii. In opposition: None.
iii. Commenting: None.
IV. Staff presenting application: Joe Guenther, Associate
v, Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. -Acquisition of the remainder ACHD property - applicant indicated that they do
not know what will occur with the ACHD auction;
ii. -Road alignment with Alleys Way and potential public road at south property
boundary;
111. -Cross access requirement to other properties west and east.
c. Key Commission Changes to Staff Recommendation:
i. -none.
The subject property is within the Urban Service Planning Area. Staff has provided detailed
analysis and recommends that the subject be approved with the Development Agreement
(DA)(see below for DA provisions) provisions detailed in this report. Staff recommended
approval of the Una Mas Annexation. submitted as AZ-05-06l with the development a!Ueement
comments contained in the report dated February 16. 2006.
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
UNA MAS Annexation - AZ-OS-061
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
After considering all staff, applicant and public !estimony, I move to approve File Number AZ-
05-061 as presented in Staff Report for the hearing date of March 14,2006 with the following
modifications: (Add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
05-061 as presented in the Staff Report for the hearing date of March 14, 2006 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-O5-06l 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:
b. Owner! Applicant
3475 E. Ustick / 3N1E4
Una Mas, LLC
1717 Chisholm Drive
Nampa Idaho 83687
c. Representative: John Reseigh, Hansen-Rice, Inc
d. Present Zoning:
RUT (Ada County)
e. Present Comprehensive Plan Designation: Mixed Use Regional
f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G
(General Commercial) for 9.55 acres of property currently zoned RUT in Ada County.
g. Applicant's Statement/Justiíìcation: The site is located on a main arterial which has recently
been upgraded as a major arterial with access to a state highway which is appropriate for
commercial/office uses.
5. PROCESS FACTS
a, The subject application will in fact constitute an annexation as detennined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: March 6 and February 20, 2006
c. Radius notices mailed to properties within 300 feet on: February 17,2006
d. Applicant posted notice on site by: March 1, 2006
6. LAND USE
a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site.
b. Description of Character of Surrounding Area: The parcels to the south and west are
either zoned commercial or proposed commercial zones. To the north is the approved Lowes
UNA MAS Annexation - AZ-OS-061
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
building. Perkins-Brown Subdivision, the proposed ACHD right of way and an Ada County
single-family development lies east of the subject site. This area is rapidly transitioning from
rural to urbanlconunercial.
c. Adjacent Land Use and Zoning:
1. North:
Conunercial, zoned C-G, Lowes
2. East: Future Right of way, Rural residential, zoned RUT (Ada County)
3. South: Redfeather Subdivision, zoned C-G
4. West:
Single-family/Commercial, zoned RUT proposed C-G
d. History of Previous Actions:
N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer:
Location of water:
Sewer is available in Ustick Road.
Water is available in Ustick Road
Issues or concerns: Without conceptual sewer design it is difficult to
detennine if this property will all gravity to existing mains.
2. Vegetation: There are some existing trees on this site that should be protected or
mitigated for when this property develops.
3. Floodplain: N/A
4. CanalslDitches lITigation: All irrigation ditches, laterals and canals should be tiled
when this property develops.
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: C-G (General Conunercial)
7. Size of Property: 9.55 acres
f. Subdivision Plat Infonnation: The applicant has not submitted a preliminary plat with
the subject annexation application. Staff recommends that the City include specific concepts
within a Development Agreement (DA) for developing the subject property. Please see
Analysis below for reconunended DA provisions.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 35-foot wide landscape street buffer is
required adjacent to Ustick Road, an arterial roadway (UDC ll-2A-4).
2. Width ofbuffer(s) between land uses: N/A all properties are proposed as C-G
h. Required Commercial Standards:
Setbacks
C-G
Proposed
Required
Landscape (Commercial)
Arterial Road (Ustick)
Collector Street (Future)
NA
NA
35
20
i. Sununary of Proposed Streets and/or Access: As mentioned above, the applicant is not
proposing to develop/plat this property at this time. There will be a future collector roadway
UNA MAS Annexation - AZ-OS-061
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
east of this site which will eventually conneot Ustick Road and Fairview Road. The applicant
is land locked by the Ustick Road curb cuts where they will be required to have access from
ACHD or the future development to the west of the site. There will be no direct lot access to
the future road and a system of cross access points or internal streets will be established by
ACHD.
7. COMMENTS MEETING
On December 30, 2005, a joint agency and departments meeting was held with service providers
in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
These agencies were unable to comment as there was no conceptual design provided. No
comments are included with this report as all uses will require at minimum a certificate of zoning
compliance where the agencies will have the opportunity to condition specific uses.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that
is situated in higWy visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-R has no upper limit on the square footage of non-
residential uses and is intended to allow a broad range of uses. Staff recommends that the
Commission and Council rely on any verbal or written testimony that may be provided at the
public hearing when detennining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the subject property (staff analysis in italics below policy):
.
Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in thefollowing manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense,
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sher~fJ's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change,
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
UNA MAS Annexation - AZ-OS-061
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
Municipal, fee-supported, services will be ¡;rovided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a commercial zone adjacent to proposed or established
commercial districts. Staff finds that impacts to the existing residential properties to the east
can be limited through design as to be compatible with the proposed development if
appropriate fencing, access points, and landscaping are installed with this project and in
cooperation with the future ACHD collector road.
.
"Pennit new. . .commercial developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, pg. 26, Goal I, Obj, A, #6)
Municipal water, solid waste and other services exist to this area of Meridian.
.
"Locate new community commercial areas on arterials. . .near residential areas in such a way
as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D,
#3)
The proposed commercial use is located at the intersection of a future collector road and an
arterial roadway. A 35-foot wide street buffer will be required along Ustick Road and a 20-
foot wide street buffer will be installed as a part of the western side of the collector roadway
to be designed in part to mitigate potential negative impacts upon the vehicular traffic on
arterial roads and future vehicular impact on existing residential uses, There are several
major commercial developments with associated mixed use residential developments
occurring in the area to which the proposal will provide service.
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107,
Goal IV, Obj. D, #2)
The curb cuts and access points will be designed to be consistent with other proposals of this
size and nature. However, these will be approved with the .filing of a detailed development
proposal and full review by ACHD.
.
Require street coIlllections between subdivisions at regular intervals to enhance coIlllectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
.
For the future collector roadway, one access road to Ustick Road with afuture connection to
the south through Red feather Estates. Cross access will be required east and west of the site.
Staff is generally supportive of the conceptual connectivity proposal.
Review new development for appropriate opportunities to COIlllect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
No stub streets are currently provided to the subject site. See bullet above,
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
UNA MAS Annexation - AZ-OS-061
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
.
"The capacity of arterial. . .roadways can be ~eatly diminished by excessive driveway
connections to the roadways. The City should cooperate with UNA MASto minimize access
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page
72)
"Develop methods, such as cross.access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
.
.
Sta,fffinds that the proposed C-G zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Allowed Uses in the Commercial Districts: UDC Table ll-2B-2lists the pennitted, 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 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. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and pennanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested C-G zone is appropriate for this property. Please
see Exhibit C for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
November 21,2005 by Douglas Bergey, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
Special Considerations:
Development A!Ð'eement: UDC ll-5B-3.D.2 and Idaho Code § 65-67llA
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this property is developed in a fashion that is consistent with the
comprehensive plan desÌlznation and does not nelZativelv impact nearby
properties.
UNA MAS Annexation - AZ-OS-061
PAGE 6
---,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
.
Prior to the annexation ordinancøapproval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the Citv Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incolþorate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
That the applicant will be responsible for all costs associated with the
sewer and water service extension.
That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available ITom the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That prior to issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
That when a preliminary/short plat is submitted to the City, the entire
9.55 acres that are the subject property for AZ-05-06l will be included
within the boundaries of said plat (no out.parcels).
That when a preliminary/short plat is submitted to the City, no direct lot
access to Ustick Road will be allowed. The existing driveways to Ustick
Road may be for construction pwposes until the future roadway is
completed. At such time, direct access to Ustick Road shall be
prohibited.
That in the case of any division of the property cross access to parcels on
all sides of the site be granted.
The applicant shall provide at a minimum one commercial cross access
drive to the properties east and west of the site which shall be designed
according to private street standards as listed in UDC 11-3F, with a
minimum of 24' travel way, no parking backing on to the service drive, a
one side five foot detached sidewalk with a 5' landscape buffer. The
commercial cross access drive is to provide connection from the future
Public Roadway east of the site, through the 9.55 acre Una Mas
Annexation, and the property west of the site.
The applicant shall work with ACHD to detennine if a public frontage
road shall be provided at the southern boundary of the site. One half of a
42' public roadway design for a frontagelbackage road shall be reserved
at this site until such a time as ACHD staff provides a written statement
refusing the reserved area.
.
.
.
.
.
.
.
.
.
b. Staff Recommendation: Staff recommended that the applications for the subject
property be approved with the associated development agreement which would be in
UNA MAS Annexation - AZ-OS-061
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
the best interests of the city to be annexed'into the City with a C-G zoning designation
with the aforementioned Annexation & Zoning provisions. All future development
would include in a Development Agreement and future detailed approval.
11. EXHffiITS
A. Legal Description
B. Conceptual Site Plan
C. Required Findings from Zoning Ordinance
UNA MAS Annexation - AZ-OS-061
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14, 2006
Exhibit A - Legal Description
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LN..HHTED BOJNDARIE5
PAGE 02
LEGAL DESCRIPTION FOR
HANSEN.RICE, we.
ANNEXATION PARCEL-CITY OF MERIDIAN
USTICK ROAD PROJECT
The following describes. a parcel "freal property lying in E&st '/, ofClovemnlcnt Lot 4 of Section
4, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, and being more
particularly ~ribcd lIS follows:
CommencinG IIÍ the Northwest çomer of said Section 4, said comer mBl'ked by a Bl'II.'is
Cap Monument (pLS 61 I); Thence, along the Northerly lille of said Section 4,
N89"35 '22"£, 830.94 feet (formerly S89°49'26"E" 830-94 leer) to the Northwest
comer of thG J»'OPCItY de$CI"Îbed in Warranty Deed Instrument Numbers
105046906 & .105\1952\ the POINT OF BEGINNING;
Thcn~, continuing alan¡ said Nortfrerly line of Section 4 2IIId the Northerly Um: of the
property de:icribed in said Warranty Deed Instrument Number 105046906,
N89°35'23"E, 33:2.37 foot (formerly S89°-49'26"E, 332.37 feet) to the NortheQ$t
comer of the property desçrjbed in said WalTanty Deed Instrument NumblJr
10504690~j
Thence, SOO"OO'O8"E. 1290.34 feet to the Southeast comer of the property described in
WllfTBllty rMed InQumentNulllber 105119521 to" 5/8" Imn pin (PLS 5710);
Thencc, S89°32'42"W. 33239 feet In the Southwest comer of the propefty described in
Mid WlIIT8Qty Deed TnslfUmcmt Numbcr 105119521 to II 5/8" Iron pin (PLS
5710);
Thence, NoooOO'O6"W, 1290.60 feet to the POINT OF BEGINNING, comprising 9,85
II«W more Dr IcS$.
SUBJECT TO: All easements or reservllt;OT\I appearln¡ on the above described parcel ofland-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH ]4,2006
B. Conceptual Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 14,2006
, C. Proposed Findings from Zoning Ordinance
1. Annexation 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:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
2.
The applicant is proposing to zone all ofthe subject property to C-G. The
Council finds 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.
The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The
Council fmds that future development of this property should comply with the
established regulations and purpose statement of the C-G zone.
3.
The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
The Council fmds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare. The Commission and Council rely on any
oral or written testimony that may be provided when detennining this finding.
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 Council finds 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.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
If the applicant enters into a Development Agreement (DA) with the City. the
Council finds that the annexation and zonin!! of this propertv to C~G would be in
the best interest of the City.
4.
5.