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HomeMy WebLinkAboutCherry Linder Rezone CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 STAFF REPORT TO: FROM: Hearing Date: 2/13/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 olfc;;di~ '\ \ IDAHO l ~ /' {'. ~. .~ J)~~~ la SUBJECT: Cherry-Linder Rezone . RZ-06-012 Rezone of 1.69 acres from R-4 (Medium Low Density Residential) to C-C (Community Business District) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Darren Blaser, has applied for a Rezone (RZ) of 1.69 acres from R-4 (Medium Low Density Residential) to C-C (Community Business District). The Applicant intends to construct retail uses on this site that are not allowed within the R-4 zone, thus the request for a rezone. The subject property is located at the northeast comer of Cherry Lane and Linder Road in Section 1, Township 3 North, Range 1 West, B.M. The subject property is composed of three parcels currently referenced as Assessor's Parcel Numbers SI201336250, S1201336270 and SI201336280. The site currently contains three exiting homes and associated outbuildings that will be relocated/removed to accommodate the proposed multi-tenant retail building. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing to make site improvements (landscaping, street buffers, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-012, as presented in the staff report for the hearing date of January 4,2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Plannin!! and Zonin!! Commission heard this item on January 4. 2007. At the public hearin!! they moved to recommend approval. a. Summary of Commission Public Hearin!!: i. In favor: Bill Cafarelli ii. In opposition: None iii. Commentin!!: None iv. Staff presentin2 application: Justin Lucas v. Other staff commentin2 on application: None b. Key Issues of Discussion by Commission: i. --None c. Key Commission Chan2es to Staff Recommendation: i. -None d. Outstandin!! Issue(s) for City Council: i. - None Cherry-Linder Rezone - RZ-06-0 12 PAGE 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-012 as presented in the staff report for the hearing date of February 13, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-06- 012 as presented during the hearing on February 13, 2007, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1440, 1516, and 1528 West Cherry Lane Section 1, T3N, RIW b. Owner / Applicant: Darren Blaser 6732 W State Street Garden City, ill 83714 c. Representative: Bill Cafarelli d. Present Zoning: R-4 e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement/Justification: Darren and Kim Blaser are requesting a change of zoning for 1516, 1528 and 1440 W. Cherry Lane. Weare requesting to change from residential to commercial in order to build a first class building to accommodate our expanding business. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 18th, 2006 and January 1 st, 2007 (Planning Commission); January 22nd. 2007 and February 5th. 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: December 8th, 2006 (Planning Commission); January 19th. 2007 (City Council) d. Applicant posted notice on site by: December 26th, 2006 (Planning Commission); February 3.d. 2007 (Citv Council) 6. LAND USE Cherry- Linder Rezone - RZ-06-0 12 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 13, 2007 a. Existing Land Use(s): Single family residential b. Description of Character of Surrounding Area: Commercial and Office Uses c. Adjacent Land Use and Zoning 1. North: Christ Lutheran Church, zoned L-O 2. East: Christ Lutheran Church, zoned L-O 3. South: Cherry Lane and Commercial Development, zoned C-N 4. West: Linder Road and Cherry Crossing Commercial Development, zoned C-N d. History of Previous Actions: N/ A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer in both Cherry and Linder. Location of water: There is currently water in both Cherry and Linder. Issues or concerns: This property is currently serviceable and capacity exists for this site. 2. Vegetation: There are various existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/ A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 1.69 acres f. Summary of Proposed Streets and/or Access: As shown on the concept plan, the applicant is proposing to have one direct access to Cherry Lane; no access to Linder Road is proposed. Any existing access points to Cherry Lane or Linder Road should be abandoned with the first Certificate of Zoning Compliance application on this property. A maximum of one public street access should be allowed into this property (as allowed/approved by ACHD). 7. COMMENTS MEETING On December 15, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial." The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi.family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their Cherry-Linder Rezone - RZ-06-0 12 PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-C, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): . Chapter VII, Goal I, Objective B, Action 5 - "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." The subject property has frontage on both Linder Road and Cherry Lane, which are both arterial roadways. This proposed commercial development will complement adjacent commercial uses and be located in an area that is accessible by residential development in the near vicinity. . Chapter VII, Goal IV, Objective D, Action 5 - "Require appropriate landscape and buffers along transportation corridors..." At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to provide landscaping per the UDC standards including, but not limited to, the required landscape buffers along Linder Road and Cherry Lane and landscaping within the parking area. . Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." As proposed in the applicant's concept plan and restricted by ACHD, only one access point will be allowed into this property. This one access point will seflle the entire development. The three existing access points that seflle the homes on this site will be consolidated into one. Staff is supportive of this access consolidation. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C~C zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-C zone. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONING ANALYSIS: The applicant's request to rezone the property to C-C is generally compatible with the surrounding land uses, as there are extensive commercial developments at the intersection of Linder Road and Cherry Lane. The other three comers of this intersection are zoned C-N (Neighborhood Business District). Staff considered recommending that this comer be zoned C-N also, but after careful review three main reasons were identified as to why staff would support C-C on this site. First, unlike the other three comers, this proposed development is not directly adjacent to residential uses Cherry- Linder Rezone - RZ-06-0 12 PAGE 4 CITY OF MERlOlAN PLANNING DEP ARTMENT STAfF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 (L-O to the north and east), which is one of the factors that leads to C-N zoning. Second, there is a significant amount of property zoned C-C to the south east of this property. In other words the C-C zoning designation is not foreign to this area. Third, the proposed development has access to an arterial street, which is one of the location requirements ofthe C-C zone, as listed in UDC 11-2B-1. Based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from R-4 to C-C is justifiable. Please see Exhibit D for detailed analysis of the required facts and [mdings for rezoning. The legal description for rezoning submitted with the application (prepared on October 6, 2006, by Colleen Marks, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submitted with the rezone application with the following comments: · Access: There is one proposed access point into this site from Cherry Lane, shown on the concept plan. Staff is supportive of the proposed single access point. No other public street access should be permitted with this development. The specific location of the proposed access should be approved by the Ada County Highway District. · Landscaping: As required by UDC 11-2B-3 the applicant should construct, a minimum, a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape buffer should be placed on the subject property exclusive of any right-of-way that may be required by the Ada county Highway District (ACHD). All parking lot landscaping should comply with UDC 11-3B-8. · Cross Access: The concept plan submitted by the applicant shows two cross access points that could be provided to the Christ Lutheran Church parcel, which borders this property to the north and east. Staff is supportive of these two cross access points and recommends that the applicant submit a copy of a recorded cross access agreement that grants cross access to parcel number S1201336305 (Christ Lutheran Church) to the north and east. This agreement should be submitted with the Certificate of Zoning Compliance application for the proposed building. . Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to building construction, where all site and landscaping improvements must be installed prior to occupancy. 2. A Deyelopment Agreement (DA) will be required as part of rezoning of this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: · All future uses shall not involve uses, activities, processes, materials, equipment and Cherry- Linder Rezone - RZ-06-0 12 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 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. · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. · The applicant shall be responsible for all costs associated with sewer and water service installation. · The following shall be the allowed uses on this property: Permitted and accessory uses within the C~C zone. All conditionally permitted uses in said zone shall be subject to CUP approval. · The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction on the subject site. · The applicant shall be allowed to construct only one driveway access to Cherry Lane, at a location to be approved by the Ada county Highway District (ACHD). No other public street access to Cherry Lane or Linder Road will be permitted to this site. · The applicant shall construct, at minimum, a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape buffers shall be placed on the subject property exclusive of any right-of-way that may be required by the Ada county Highway District (ACHD). · The applicant shall submit a recorded copy of a cross access agreement that grants two cross access driyeways (one to the north and one the east) to parcel number S1201336305. A copy of the recorded cross access agreement shall be submitted with the Certificate of Zoning Compliance (CZC) application for this property. · The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. · Any future building on this site shall be generally consistent with the elevations submitted by the applicant, drawn by Thomas R. Ensley & Associates, dated 10/11/2006, with the following additions: 1. All exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth~faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 2. At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. 3. The east and west building elevations shall contain architectural elements and windows similar to the front fac;:ade. 4. All ground level and rooftop mechanical equipment shall be screened from view. b. Staff Recommendation: Staff recommends approval of the proposed rezone (RZ-06-012), subject to the Development Agreement provisions listed above. The Meridian Plannine and Zoninl!: Commission heard this item on Januarv 4.2007. At the public hearine they moved to recommend approval. 11. EXHIBITS A. Drawings 1. Vicinity / Current Zoning Map 2. Conceptual Site Plan 3. Conceptual Building Elevations Cherry- Linder Rezone - RZ-06-0 12 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Parks Department 5. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cherry- Linder Rezone - RZ-06-0 12 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 A. Drawings 1. Vicinity / Current Zoning Map PAGE 8 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 2. Conceptual Site Plan D 111;1\'o'''''"11~ D 58' - ClNJI .rw1JI~;!N f~~ ' g , i i 1 '!J g;;all~~ ;JdIIJWJ ( ;.! i; , , a z ~ -' ..J ...: ~ f- l f- z ...: ..J "- <'i J D l . 1 ~ ! = i I ~ ~ ~ ~ , ! I l i J 6' p' J. j i . pI! t i ! ;UJ n J! g q. " II J j . i ";j 'hj f. iJ I . . , ! l . HI1 ! ~, .., h ! · ! j.- II ~:! Ii i !I! ~fi,N III I' I,tl '" ~ :. gl. ~ .j, i! ti' "' "I'~ ~ 1.11. zmz fa :LII.II. ~ ~ ~ i t ~I << I~ !p! Hr: ~ ~ Cl ..,. z g '" ...: .; ..J ~ a ~ ~ , t= ~ A :z: :'i I "- ~ i mUll: J II ~~ !l Pl- li! jii!l III :r. III ... ~. fi ..J ~II ~ I! Cl ~ ..,. ..J Z "- i= "' j ~ lL '" O' // '" ;; PI- ~j f- "11 · I .n '~. I! II'I! ! ~. J" ~ I II 11-' ~!. i 1~1'lljjj i i! ... Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 3. Conceptual Building Elevations and Floor Plan _._~ ~-""'~l-.c~.t!~,.......__-,....R'~ 0 .. - .-.-. .___'!-L.O ~J..I.~ :> '" '" ,;.........."'.... .',.,..-'I~I~"'IIIVI.I.I'''.,'.. / [ I sel"!oosS\i~ 6l/SU3-'H seUiOla]\!i ~3ZVl8 N31:H:IVa .1,' ~~l' .:.::i :!,fO~ ElNlOllne 11'lf.L3!,f M3N 'V E iJ .. l I ~ t" 'oq:: ~ PI <-; ~I '"- tl:: ....., ~ """" ~l - ~ r- ~; -ri ~ P--' ~i .-- ~ '- I ~ ~ is ~ j:::: ~ ~ I.J.J a: td a ~ l-- .1 a ~ G: ~ 0 ~ ~ e: It: :l.'::~ "'" ...:. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (stamped on October 6, 2006, by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 See section 10 above for analysis and comments. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of theproject may require a temporary approved turn around on streets greater than 150' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 2.7 Maintain a separation of 5' from the building to the dumpster enclosure. 2.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 2.9 Provide exterior egress lighting as required by the futemational Building & Fire Codes. 2.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY] 3, 2007 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 2.11 There shall be a fire hydrant within 100' of all fIre department connections. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPARTMENT 4.1 The Parks Department has no concerns with the site design as submitted with the application. S. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). 5.1 Dedicate right-of-way from the centerline of Cherry lane to total60-feet from centerline. The right-of-way dedication at the intersection may include additional space for signalization equipment and/or additional turn lanes. The District will purchase the additional right-of-way to be dedicated from the applicant from available funds. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 5.2 Locate a full access curb-return type driveway in alignment with the driveway located to the south of the subject site, approximately 385-feet east of Linder Road (measured near edge to near edge). ill the future, the District may restrict this driveway to right-in/out only. 5.3 Dedicate right-of-way from the centerline of Linder Road to totaI60-feet. The right-of-way dedication at the intersection may include additional space for signalization equipment and/or additional turn lanes. The District will purchase the additional right-of-way to be dedicated from the applicant from available funds. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 5.4 Construct a 5-foot wide detached concrete sidewalk not closer than 53-feet from the centerline of Linder Road (measured centerline to face of walk). Connect this new sidewalk to the existing sidewalk on Linder Road. 5.5 Close all access points to Cherry Lane and Linder Road except the access specifically approved with this application: direct lot access to Cherry Lane and Linder Road is prohibited. 5.6 Comply with Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 C. Legal Description Colleen Marks, LS. 7045 · 6405 Ustick Road' Boise, Idaho 83704 Phone: (208) 378-7703 . Fax: (208) 378-7759. Email: survey@markslandsurveying.com REZONE DESCRIPTION A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the SW Corner of said Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, Idaho and the centerline intersection of North Linder Road and West Cherry Lane, said point being the REAL POINT OF BEGINNING; thence N.00027'20''W. 155.00 feet along the westerly boundary of said Section 1 and the said centerline of North Linder Road to a point; thence N.8So42'08"E. 475.00 feet to a point; thence S.00027'20''E. 155.00 feet to a point lying along the said southerly boundary of Section 1 and the said centerline of West Cherry Lane; thence S.8so42'08'W. 475.00 feet along the said southerly boundary of Section 1 and the said centerline of West Cherry Lane to the point of beginning, containing 1.69 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. V.. . NlE.R.lOIANp f'~~f'C WORKS . :VEj! r:r~ BLASER PROPERTY DESCRIPTION.doc Page 1 of 1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 Q.. <C 2 a::: w w Z U1 o :3 Na::::CO wOz o:::u... " ~ ~ a:::: en <( o I X w Exhibit C "/: ......0 ~z 'It So ......"':1: ~ffi~ ",,,- <oJ~': F15~ :;;:"':8", 1;.:1::<0 ~;~~ ~:i~ :3~Q '" 8 .-'i' --'15,,- ~Fo "'u :tx <8 ,.. 0::: '" W < :i: Z '" :z 5: '" tii" :> '" O~~~~~ '" >-- a ,.. Z s- .... n::: --.J - 01:( eo ('\J Z >-- <5 ~ a:l . I- . '" "- wz~~g~ W <oJ '::i ~ 0 <= <..:l 2s N o..~a::~w~a:i w '" <( ~ O~j~5~ 0. u <( ...J 0 ~ ......J 0 I" (II W "' > w s- o a " Iii :t~ ;; I ,OO'~, '3..'./."..'. J r--~'--~.<I , I , I I I I , I I III I;., I w ;L-~!',-""",! ~i 'I 0 S I ~>- : I I ~~ I~ i ~: ~I ~~ I Ou ~: ; 'I VJ ~ ~ ViI- ~ I~ <:U) ~~~!'~!--i" ,m~ I : I ~ i-~ i ~I ( i _____~ ,0< \' f5 _ _ _ _ _ _ _ _ _ - s;;- ...m.M..../....... I ~i _ --.-:'~'L~ _ _ _ L _ ~'_ _ _ ----l ! ~~ -1- a\fO~ ~~s~~~;w~l~ON "1J III I~ () II ~ ~ if F;... ~: --' - <oJ --' ~ :t I--r.bc... 1.IJ~,rJ ~~~ al'[J Z <oJ z- ::J.... ~ o 2 '" - ~ ~ - "" , o t':l 0 ~ :s 2"- .,...., I S:vici~;.: o l.u . II:: '"" ... '" :::';....J ",,'<> '"'~lIi~~Ra I lr);:: l/)"", "- o <;;:::' S>.', ~ I a' Ii) "- ~2:~~bl::ii '"' o;(:<:"'i5~ i --Jtj <n<:<.~ cilr)....J :i ~ ~ 8__ ~-- .....1 ~i !- ~~ o 3~ m[L ::Jw 0.0 ZCIl <(" -~ 80 ffi?; ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject property to C-C. The Planning & Zoning Commission finds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Planning & Zoning Commission finds that commercial are permitted within the requested zoning district of c-c. Staff believes that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. The Planning & Zoning Commission also finds that the proposed zoning and future uses on this site can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area, if the applicant enters into a development agreement with the City. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be rezoned as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Planning & Zoning Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Planning & Zoning Commission does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Planning & Zoning Commission 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. Exhibit D