Loading...
HomeMy WebLinkAbout1984-11 Comprehesive Plant Findings f 3 i I BEFORE THE MERIDIAN PLANNING AND ZONING COI"•'LussiON - i UPLAND INDUSTRIES APPLICATION TO AMEND THE MERIDIAN COMPREHENSIVE PLAN FINDINGS OF FACT A14D CONCLUSIONS The above entitled application to amend the Meridian Comnrehen-I sive Plan having come on for public hearing and the Planning and Zoning Commission having held a workshop on said application, and the Commission having heard any and all testimony that was submitted and having duly considered the evidence and its own opinions and I� the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1 . That notice of the public hearing on the application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 5 , 1984 , the first publication of which I was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 5 , 1984 , hearing and was duly considers by the Planning and Zoning Commission at its workshop held July 9 , 1964 , at 6 : 30 o ' clock p.m. , which was a special meetingdul Y noticed and announced publicly at the public hearing held July 5, 1984 ; that copies of all notices were available to newspapers, and radio and television stations . j 2 . That the property included in the application and the nMeflo'.E I =ITIGERALD j. exact nature of the application is set forth in the application and b CROOKSTON Attorneys and ' Counselors P,0 Boe 427 Meridian,I0ah6 53842 Taiapnons BBB-4481 I by this reference is incorporated herein as if set forth in full; W that the property lies generally in the Southeast quadrant of the intersection of Fairview Avenue and Eagle Road; that, in summary, the application is to designate the site as a regional shopping center site and to remove the residential reserve designation as presently contained in the Comprehensive Plan. 3. That the land concerned in the application is contained within the City limits ; that it is presently zoned industrial and not commercial ; that the Comprehensive Plan presently designates the area within which the land is contained as the "Eastern Industrial Review Area. " 4 . That at the public hearing held July 5 , 1984 , at 7: 30 o' clock p. m. , there was no public comment, 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: 1 . The condition and situation which warrants the change beina 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 amenable to development of a Regional it Shopping Center with outstanding representation by major department stores , specialty stores and services for the residents of the City of Neridian and the i� surrounding region. The land in question has heretofore been annexed into the City of Meridian . AMffRO`.E, =IIZGERALD d CROOKSTON Attorneys and Counselors P_O Box 427 Mef fdlan,Idahc 83U2 Telephone 888.4481 jI 1 2 . The public need for and benefit from such a change in the Comprehensive Plan 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 City of Meridian a wide range of store and shopping facilities and services that can only be furnished by a Regional Shopping Center; (C) To attract to the City of Meridian 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 Valley and metropolitan 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 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 retail stores necessary to make up the development 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 apparent 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 adequate for their needs . AMBRO`,E, 6 . That the application addresses the requirements , time- -1TzcEPALo 6CROOKSTON tables and procedures to amend the Comprehensive Plan. Anomeya and GOunas4ora - P.O Box 427 Meridian idahc 83642 7eiegtaona 888 4"1 ,k I 7 . That there is no regional shopping center actually in existence in the City of Meridian, Ada County , or the Treasure Valley. CONCLUSIONS 1 . That the City has authority to amend its Comprehensive Plan pursuant to Title 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 all 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 meets the requirements of an application to amend the Comprehensive Plan ; that is , it contains the statements required by Paragraph 6 under the Amendment Provi- sions and Procedures, beginning on Page 54 of the Plan. 4 . That the Commission may take judicial notice of govern- mental statutes , ordinances, and policies , and of actual conditions existing within the City, County , and State . 5 . That the Planning and Zoning Commission ' s purpose at this i stage of the proceedings in processing and deciding a Comprehensive Plan Amendment is to determine whether the proposed amendment merits further study. I 1 6 . That since there is no regional shopping center in cA2GERALb actual existence in d-leridian, Ada County , or Treasure Malley , and 6CROOKSTON Attorneys and Counselors P O Box 427 Me6dier,IdahC &W2 TetiePhore BB&4461 I} since there was no evidence submitted as to why the Plan should not be amended, it is concluded that the application of Upland Indus- tries to amend the Meridian Comprehensive Plan merits further study. 7 . That the above conclusion that the application merits further study is just that; it is not a decision that the Plan should be amended as set forth in the application, nor is the 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 Commission hereby adopts and approves these Findings of Fact and Conclusions . Roll Call i I Commissioner morrow voted a- Comr1lissioner Alidjani Votedoa -- Commissioner Johnson Voted Commissioner Shearer Voted -Y,04— Commissioner Cole Voted - p Chairman Spencer (Tie Breaker) Voted DECISION The Meridian Planning and Zoning Commission hereby decides that the Application of Upland Industries merits further study and should continue to be processed. Approved G Disapproved AMBROE,E, =11ZGERALD &CROOKSTON Attorneys and ' Counselor! P.O Bor 427 Median.Idehc 83842 Telephone 888-4461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION - PLANNING AND ZONING COMMISSION' S APPLICATION TO AMEND MERIDIAN COMPREHENSIVE PLAN FINDINGS OF FACT AND CONCLUSIONS The above entitled application to amend the Meridian Comprehensive Plan as it pertains to the Amendment Procedure , the Meridian Urban Limits Functional Transportation Map, and the possible adoption of a new Area of Impact for the City of Meridian having come on for public hearing and the Planning and Zoning i Commission having held a workshop on said application, and the Commission having heard any and all testimony that was submitted I �i and having duly considered the evidence and its own opinions and the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1 . That notice of the public hearing on the application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 5 , 1964 , the first publication of which was fifteen ( 15) days prior to said hearing; that the matter was duly considered at the July 5 , 1984 , hearing and was duly consider by the Planning and Zoning Commission at its workshop held July9, 1984 , at 6 : 30 o ' clock p.m. , which was a special meeting duly noticed and announced publicly at the public hearing held July 5 , AMl3RU'E. 1984 ; that copies of all notices were avialable to newspapers , =1T2GERAL❑ A CRQOK5T01u and radio and television stations. Attorneys and ' Counselors P Q BON 427 Merld4n.IdeAc 83642 Telephone 8884481 I I 2 . (a) That the proposed amendment on the Comprehensive Plan amendment procedures would shorten the sequence of events in the amendment process and enable the Commission and the City Council to process Plan amendments in a more timely and efficient manner; that a copy of the proposed procedure is on file with the City Clerk , and is hereby incorporated herein as if set forth in full . (b) That the proposed amendment pertaining to the Meridian Urban Limits and Functional Classification Transportation Map is a housekeeping amendment to update the Transportation Classifications A copy of the map is on file with the City Clerk and is hereby j incorporated herein as if set forth in full . I i I I ( c) That the proposed amendment pertaining to the Area of j Impact is an amendment which is necessi tatee by the fact an Area of f Impact is to be negotiated or set by the Court; that a proposed Area of Impact has been recommended by the negotiating committee and is as filed with the City Clerk and by this reference incorpo ted herein as if set forth in full; 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 reflect that Area . j� 3 . That at the public hearing held July 5 , 1984 , at 7 ! 30 I AMBRO'.E_ o ' clock p.m. , there was no public co=,ent, either oral or written, E -07GERALD f &CROOKSTON on the application, except that one written statement was submitted' Altorneys and Counfetofs on the Area of Impact which was against the adoption of the Area P,O,Box 427 Mehdian,Idahc M42 Telephone BBE-4461 of Impact as recommended by the negotiating committee . 4 . That these amendments have been proposed by the Commissio itself. 5 . That the proposed amendments are, or will be , of a house cleaning nature. CONCLUSIONS 1 . That the City has authority to amend its Comprehensive Plan pursuant to Title 67, Chapter 65 , Idaho Code , and pursuant to the Amendment Provisions and Procedures of the Comprehensive Plan of Peridian, as amended April 2 , 1984 . 2. That all 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 since the proposed amendments are proposed by the Conunission and are , or will be , of a house cleaning nature , the technical requirements for an amendment application ma_v be waived. 4 . That the Commission may take judicial notice of govern- mental statutes , ordinances, and policies , and of actual conditions , existing within the City, County, and State . 4 5 . That the Planning and Zoning Commission ' s purpose at this stage of the proceedings in pocessing and deciding a Comprehensive Plan Amendment is to determine whether the proposed amendment 'f I merits further study. AMBROU. -IWGIFRALD 8 CROOKSTON Al torneye and Counselors P.O.Boa 427 Merld Ian,Idaho 83642 Telephone 886-4461 r i 6 . That since the proposed amendments are technical in nature and generally are, or will be , house keeping measures , the proposed amendments are hereby concluded to warrant further study. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and t approves these Findings of Fact and Conclusions . Roll Call Commissioner morrow Voted yaa Commissioner Alidjani Voted Commissioner Johnson Voted Commissioner Shearer Voted a Commissioner Cole Voted Chairman Spencer (Tie Breaker) DECISION The Meridian Planning and Zoning Commission hereby decides that the Planning and Zoning Commission ' s proposed Comprehensive Plan Amendments pertaining to 1) the Comprehensive Plan Amendment Procedure, 2) the Meridian Urban Limits Functional Transportation Map, and 3) the Area of Impact merit further study and should continue to be processed. Approved c G Disapproved F� ii AMBROU. °ITZGERALD d CROOKSTON Ali Orneye end " Counselors P.O.Box 427 MsnaAn,foahc 53842 Telephone BBS-W I r� 0--. MERIDIAN PLANNING � _ONING JULY 5 , 1984 Special meeting of the Meridian Planning and Zoning called to order by Chairman Bob Spencer at 7 : 41 p .m. *lembers Present : Walt Morrow, Jim Johnson, Moe Alidjani , Tom Cole ; Jim Shearer Others Present : Lloyd Howe , Arthur Edwards , R. D. Bischoff, Bill Robison, Dave Lewis , Dennis Stover, Wayne Crookston ; Chairman Bob Spencer stated that tonights meeting was for the purpose to determine if the proposed amendments to the Meridian Comprehensive Plan should recieve further study and a public hearing held in October . on these proposed amendments . Chariman Bob Spencer read the first proposed amendment . The application of Upland Industries to amend the Comprehensive 01) Plan, in summary, requests that the Northwest Quarter of Section 9 , Township 3 North, Range I East, B.M. , be designated in the Comprehensive Plan as a site for a regional shopping center and that the "Rural Residential Reserve" designation, south of Fairview Avenue in Section 8, Township 3 North, Range 1 East, B.M. be removed. It was opened to the public for comments . No response. The public hearing was closed. Chairman Bob Spencer read the second proposed amendment . Amendments to the Comprehensive Plan to change the amendment (#2) procedure contained in the Plan . Said proposed amendments would shorten the sequence of events and enable the Planning and Zoning Commission and the City Council to process Comprehensive Plan amendments in a more timely and efficient manner . It was opened to the public for comments . No response . The public hearing was closed . _ Chairman Bob Spencer read thEE third proposed amendment . 03) Amendments to the Comprehensive Plan to reflect the City ' s . approval of the Meridian Urban Limits and Functional Classification Transportation Map which was approved by the Council on July 5 , 1983 , and signed by the Mayor on July llth, 1983 . It was opened to the public for comments . No response . The public hearing was closed. Chairman Bob Spencer read the fourth proposed amendment . (��4} Amendments to the comprehensive Plan to reflect the proposed agreement between the City of Meridian and Ada County to change the Area of Impact of the City of Meridian. It is specifically noted that an Area of Impact 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 Committee and will be acted upon by the City Council and the Ada County Commissioners in the near futute . The Citizen' s Committee has recommended the Area of Impact be shown as on the attached map. It was opened to the public for comments . No Response. The public hearing was closed. Chairman Spencer announced that he had recieved one item of written testimony on this proposed amendments . Copy on File with these minutes . Commision agreed to hold a workshop on these proposals at 6 ; 30 p .m. July 9th , 1984. The motion was made by Walt Morrow and seconded by Alidjani to have the City Attorney prepare findings of fact and conclusions of law on these proposed amendments . Motion Carried: All In Favor The motion was made by Morrow and seconded by Alidjani to adjourn at 7 : 40 p .m. Motion Carried; All In Favor APPROVED: Bobpencer, Chairman ATTEST: Ja�k -Ni an City Clerk HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS CITY 4F MERIDIAN CBILL BREWER OUNCILMEN JACK NIEMANN,City Clerk RONALD R TOLSMA A M KIEBERT.Treasurer RICHARD O NICHOLS,Chief of Police 728 Meridian Street J E BERG MYERS ROBERT GIESLER BRUCE D STUART.Water Works Supt. WAYNEG CROOKSTON,JR.,Attorney MERIDIAN, IDAHO SOBSPENCER - EARL WARD.Waste Wate*Suet. 83642 KENNY BOWERS,Fire Chief Phone 88"33 Chairman Zoning d Planning GRANT P.KINGSFORD Mayor June 14 , 1984 MAYOR COUNCIL P& Z MEMBERS THE ATTACHED IS A PROPOSED AMENDMENT TO THE COMPREHENSIVE PLAN ON WHICH A PUBLIC HEARING WILL BE HELD ON JULY 1984 . YOUR COMMENTS WOULD BE APPRECIATED. 6`7 'wo - � �roPvs �� �p►rt � �G �C✓+. S. vc � �av� 4 m Gn Wen U)7 7/0 �/1 � T" �Q17 4dd ,1 mener7e,? �rDGe- 4,"ure d. Once the application is complete, the Commission may appoint a Committee to report on the application and the Commission shall hold a public hearing on the application . At said hearing, the amendment shall be presented to the Commission by the applicant and the Commission shall accept the public testimony and evidence. Either after the hearing or at a later meeting held within 45 days of the public hearing, the Commission shall decide whether the application merits furthe study. If the Commission does not find that the application merits 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. All applicants shall be notified of the Commission's decision by mail . Any applicant whose application is denied may appeal to the City Council Within thirty ( 30) days from the date of notification of the decision by filing a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any application previously rejected which the City Council , by a majority vote, deems to warrant further study. e . If the application is found to merit further studv, the Commission may hold one or more public work sessions to con- { sider. those applications warranting further study . f. In October and April of each year , the Commission shall hold a public hearing to consider all of the applications accepted by it for further study. At said hearing, the Couudssion shall hear public testimony and take the report of its Committee , if one has been appointed, and saall consider each application on its own merit and in relation to each other application . Within 45 days of said hearing, the Commission shall prepare findings of fact and conclusions and shall recommend to the/City Council approval or denial of each application, unless , upon agreement of the applicant, the application is held over for further consideration. a. The hearing on any particular application which would be held in April or October shall not be held if the i decision that the application merits further study was made less than 21 days prior to the scheduled April or October hearing. Such application must then be held over j to the next April or October hearing. MHHOSE. 1 It:E HM O ,4OOKSTOW •wneys one Unssro1s Boa 427 I,sn Idaw ;I •%42 1 e�16-M61 yr � FOLEY & LANCE, CHARTERED Mtorneys at Law Leritage Luilainy, Suite 300 77 E. Idaho P.O. Box 814 Leriuian, Idaho 33642 F owara R. Foley (206) 888-3535 Alan G. Lance hark S. FreeLnii July 3 , 1984 TO: Ileriuian Planning & Zoning Commission Fier iciian City Mall A`J"N : or. A. C. Spencer, Chairman FROL: Howaru 1. Foley and Alan V. Lance SUBJECT: Public Hearing on Future Planning & Zoning Agenda FOR: beeting of July 5 , 1984 The }purpose of this document is to proviue, in written form, our testimony regaruing one portion of the Planning and Zoning meeting scheaulei for July 5 , 1984. It is my unuerstandinS that Planning & Zoning will consider the establishment of future public hearing dates at which time consideration of the tentative Impact/truan Service Area ri reevent between the City of Leriaia;i anu Ada County will occur. We most strongly protest any further move, hearing or uiscussion of this tentative Agreement in its present form in the following particular and for the following reasons. Our reading and understanuing of the proposeu Agreement conceeus to Ada County ordinances and thereby complete jurisdictional control over, not only heriuian' s impact area, but -- an6 the point of our protest -- Leridian's urban Service Planning Area. Such an aorogration of control (the purpose of the Agreement) is inappropriate anc: unsupportauie, in our opinion. If the counter argujaent be that Weridian, by virtue of its annexing powers, still has final control anu that it is because of a too liberal exercise of its annexing power that necessitates this abrogation of control , the argument is short sighted anu ausolutely inconsistent with the envisioned statutory anu constitutional aivibion or powers. It appears to me that Ada County was able -- in the negotiation process -- to convince the "eriuian delegation that the east lawful exercise of the City's power to annex was inappropriate anu, in essence, extended heridian's boundaries oeyona appropriate limits. That conclusion, However, igLors present population and expansion projections for the City anu further suostitutes Aua County's present judgment of what yrowth is reasonable anu appropriate for beridian for that of �„i ... aouvq •o upTV 1 •ppTT aq nTnous 'I arl0aJ5e aTnpuospal a:teT-40Sau 01 zoTTa Mau e nue `PTau aq nTnous s5UTJeau enuabe a1ngn7 ou luoseaz siu4 JOJ •osTe OTnous Tno •ea-TV 5UTuueTl saoTn.xaS ul?(I:l ] (as Tog leuntr 'aToe,2 •5•a) 9 ,XIT7 naloa7Pe au-I o-4 uoT-4oTnsT:rnC pue Toy-Iuoo (os ATaac3oxd Pule) ',aaouoo 9a1uaulaaz5V caons jaUJO TTV •quamaoTF-oy r)JPpue-4s Pue aTgeuoseOJ e IUgTe7 noon ut 'a4pYJ05au Pup on") snaels auq a5r)aTMouvap a-4 anct fsaTat?nunocr s,uetnxjaT,T ssan5-nuooas 0-4you sT '4uars��nnC Ana uT ? TITad SuTttuiSaq ' aanTadoidde aqs •sTeToT:E;ro na-4oaTO ATIuasa:Tr? ntlp -4sed Tno VR r)T ' S 1LTn r Z a5e,j uOTSSTPIUTO') 5UTTU07,, N F)tITUut3Tl ueTpTxaTT P & Z MEMBERS : ATTACHED WILL BE CONSIDERED FOR AMENDEMENTS TO COMPREHENSIVE PLAN, PLUS THE UPLAND PROPOSAL AT THE SPECIAL MEETING TO BE HELD THURSDAY JULY 5 , 1984 AT 7 ; 30 P.M. HUB OF TREASURE VALLEY A Good Place to Live COUNCILMEN OFFICIALS CITY OF MERIDIAN JACK NIEMANN,City Clerk BILL BREWER RDNALD R.TOLSMA A.M,KIEBERT,Treasurer YERS RICHARD D.NICHOLS,Chief of Police 728 Meridian Street J.E.BERG MYERS BRUCE D.STJART,Water Works,Supt. ROBERTGIESLER WAYNEG_CROOKSTON,JR.,Attcrney MERIDIAN, IDAHO BOB SPENCER EARL WARD,Waste Water Supt. 83642 KENNY BOWERS.Fire Chief Phone 888-4433 Chairman Zoning$Planning GRANT P.KINGSFORD Mayor June 14 , 1984 MAYOR COUNCIL P& Z MEMBERS THE ATTACHED IS A PROPOSED AMENDMENT TO THE COMPREHENSIVE PLAN ON WHICH A PUBLIC HEARING WILL BE HELD ON JULY 9 ,1984 . YOUR COMMENTS WOULD BE APPRECIATED. T raPvs Gc� �pyvt �fG �►GnSc UC la h 4,r &,idpnGal- 770 t' /1217 //M e_n 4/1-1 e/7 �l0 G e W"1-d d. Once the application is complete, the Commission may appoint a Committee to report on the application and the Commission shall hold a public hearing on the application . At said hearing, the amendment shall be presented to the Commission by the applicant and the Commission shall accept the public testimony and evidence. Either after the hearing or at a later meeting held within 45 days of the public hearing, the Commission shall decide whether the application merits furthe study. If the Commission does not find that the application merits 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 . All applicants shall be notified of the Commission' s decision by mail . Any applicant whose application is denied may appeal to the City Council within thirty ( 30) days from the date of notification of the decision by filing a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any application previously rejected which the City Council, by a majority vote, deems to warrant further study. e. If the application is found to merit further study, the Commission may hold one or more public work sessions to con- sider those applications warranting further study . f. In October and April of each year , the Commission shall hold a public hearing to consider all of the applications accented by it for ,further study. At said Nearing, the Commission shall hear public testimony and take the report of its Committee , if one has been appointed, and sahll consider each application on its oven merit and in relation to each other application. Within 45 days of said hearing, the Commission shall prepare findings of fact and conclusions and shall recommend to the City Council approval or denial of each application, unless, uponagreement of the applicant, the application is held over for further consideration. g. 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 21 days prior to the scheduled April or October hearing. Such application must then be held over to the next April or October hearing. eeHHUSE, I/Gf HAL D 190OKSTON ,Umsye and wn"owe Box 427 ban.1410M ^:tti12 n/O6Lesl June 12 , 1984 Mayor Council The attached request was presented to the Planning and Zoning Commission at the Meeting held June 9 ,1984 . A Public Hearing has been scheduled for July 5 , 1984 at 7 : 30 P.M. Your Comments would be appreciated. Jack Niemann City Clerk d. Once the application is complete, the Commission may appoint a Committee to report on the application and the Commission shall hold a public hearing on the application . At said hearing, the amendment shall be presented to the Commission by the applicant and the Commission shall accept the public testimony and evidence. Either after the hearing or at a later meeting held within 45 days of the public hearing, the Commission shall decide whether the application merits further} study. If the Commission does not find that the application merits further study, it shall make findings of fact and conclusions supporting its decision. If the Commission dete rmins the application merits further study, it need not prepare findings or conclusions . All applicants shall be notified of the Commission' s decision by mail . Any applicant whose application is denied may appeal to the City Council Within thirty ( 30) days from the date of notification of the decision by filing a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any application previously rejected which the City Council , by a majority vote, deems to warrant further stud-,,,. e . If the application is found to merit further studv, the Commission may hold one or more public work sessions to con- sider those applications warranting further study . f. In October and April of each year , the Commission shall hold a public hearing to consider all of the applications accepted by it for further study. At said :rearing, the Commission shall hear public testimony and take the report of its Committee , if one has been appointed, and sahll consider each application on its own merit and in relation to each other application. Within 45 days of said hearing, the Commission shall prepare findings of fact and conclusions and shall recommend to the City Council approval or denial of each application, unless , upon agreement of the applicant, the application is held over for further consideration. g. The hearing on any particular application whic'a would be held in April or October shall not be held if the decision that the application merits further study was made less than 21 days prior to the scheduled April or October hearing. Such application must then be _held over to the next April or October 'gearing . MBROSE. 'ZGEAALD HOOKSTON oneysand -unSelora I Box 427 dUn.10a110 g3842 a of 4491 A—*, elIN h. Upon receipt of the Planning and Zoning Commission ' s recommendations on Comprehensive Plan amendment, the City Council will set a date for public hearing on the applications . At the public hearing, the proposed amendments will be presented and the City Council will receive the report of its Committee, ' if one has been appointed, and public testimony on each application . k . AfRefldfent-ef-the -P4aa-Riay-be-iff*apted--elaly te-eeriaeet-as-enter-ire-the-P4aa-ef-beeaese-ef-ssbstantiai change-is-the-aett!jaj-eenditieRs-a€-an-aEea-whi-eh-Feselts-}s a-�ate�iai-dise�e�aaey-e�-disga�ity-hetwees-the-eead�t�eas 3a-t:�e-area-aa�-aid-a -fat-e -tke-n�aa- If the Planning and Zoning Commission determines that a study of the proposed application or conditions affecting 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 period} to allow the budgeting of the necessary funds for the study, unless the applicant agrees to pay in advance the estimated cost of the study. I MHROSE, 11GERALD �WOKSTON wneye and 'unaeloaa I BOY a17 han Wand i*A2 :IfBB-41E1 U � COPY PETITION FOR AMENDMENT OF MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN, IDAHO TO: THE PLANNING AND ZONING COMMISSION, CITY OF MERIDIAN 1. UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, whose address is 110 North Fourteenth Street , Suite 1000 , Omaha, Nebraska 68102 (hereafter sometimes called "Petitioner") , hereby respectfully petitions the Planning and Zoning Commission of the Citv of Meridian , Idaho, and the City Council of the City of Meridian, Idaho, to amend the Meridian Comprehensive Plaa as adopted September 18 , 1978 , and as amended April 2 , 1984 , as follows: (A) To provide that the entire Northwest Quarter of Section 9 , Township 3 North , Range 1 East of the Boise Meridian, be designated in the Comprehensive Plan as a site for a Regional Shopping Center . (B) To remove the North Curve "Rural Residential Reserve" designation from the entire Northeast Quarter of Section 3 , 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 accomplish this are set out in de- tail in Exhibit "A" attached hereto. 3 . For ease in identification, the properties for which the amendments are requested are the two (2) r1 ^ 2 quarter sections (Northeast Quarter of Section 8 , Township 3 North, Range 1 East and the Northwest Quarter of Section 9 , Township 3 North , Range 1 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 160 acres and is owned or controlled by the Petitioner , Upland Industries Corporation. The property is presently designated on the Comprehensive Plan 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 8 to be removed 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 Valley Business 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 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 amenable to development of a Regional Shopping Center with outstanding 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 question 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 Commission and to the City Council the proposal that the designated regional shopping center sites under the Meridian Comprehensive Plan be expanded to include the property belonging to Upland Industries Corporation. 6 . The public need for and benefit from such a change in the Comprehensive Plan 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 City of Meridian a wide range of store and shopping facilities and services - 4 - that can only be furnished by a Regional Shopping Center ; (C) To attract to the Citv of Meridian 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 Valley and metropol- 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 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 make up the de- velopment of such Regional Shopping Center would hasten to enter the market. Upland Industries Corporation submits 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 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. 7 . 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 development , transportation access to and from the site , demographic study of trends for the growth of the City of Meridian and northern Ada County, the Air Quality Improvement Plan for northern Ada County and the Transportation Plan for Northern Ada County, together with your Petitioner ' s proposed improvements to be made to the property. B. The development intentions of your Petitioner for the land involved are as follows : Upon the amendment of the Comprehensive Plan your Petitioner will request that the - 6 - 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 make available to the land involved , extension of water 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 water to be furnished to the land by extension of 10" mains from the existing Meridian system on Fairview Avenue and the future Pine Avenue Extension. All 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 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 S" , 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 Valley 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 Eagle Road will proceed in connection with the design for the industrial park on the land west of Eagle Road . 9 . It should be noted that your Petitioner has been actively involved in the development of the Treasure Valley Business Center , Phase I , a proposed business and light industrial park on land belonging to the Petitioner lying west of Eagle Road and south of Fairview Avenue. It 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 with the Subdivision Ordinance of the City of Meridian. 10 . Upland Industries 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 environment. 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 this day of June , 1984 . UPLAND INDUSTRIES CORPORATION By PETITION OF UPLAND INDUSTRIES CORPORATION FOR COMPREHENSIVE PLAN CHANGE IN THE CITY OF MERIDIAN, IDAHO EXHIBIT *A' In order to accomplish the amendment to the Comprehensive Plan of the City of Meridian as amended April 2 , 1984 , as requested 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 appropriate: 1. (Page 7) AMENDMENT OF POLICY DIAGRAM. Though the Policy Diagram is defined on page 6 to be a "general guide for land use decision making---not as a legalistic, literal and definitive map, " 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 Policy Diagram: (a) Delete the "Rural Residential Reserve" designation and Neighborhood designation as shown at the North Curve area south of Fairview Avenue. (b) Designate the southeast quadrant of the Fairview Avenue/Eagle Road intersection as a Regional Shopping Center location ( including , without limitation, the entire Northwest Quarter 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 "E" is an indus- trial review area as are the "T" and "W" areas . 2 . (Page 12) III--POPULATION GROWTH. Change the third line in the fifth paragraph in this section to designate more than a singular 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 addition. ) 3 . (Page 15) INTERCHANGE DEVELOPMENT. Add an additional sentence to the end of that paragraph to read as follows : "Although the Fairview Avenue/Eagle Road intersection is not presently an interchange located an the I-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 Department of Transportation , a major intersection in- terchange involving principal highways of Ada County and the State. " 3 - 4 . (Page 18) EASTERN INDUSTRIAL REVIEW AREA. POLICIES Subsection 3 of the above section should be amended to read as follows : "---bench) , the contiguous residential area to the north, and the proposed site of a regional sho2ping center in the southeast quadrant of the inter- section of Fairview Avenue and _Eagle Road_. " (emphasis added to proposed change) . 5 . (Page 19) COMMERCIAL ACTIVITY CENTERS. Regional Shopping Center . The text of this subheading should be amended to read as follows: "As the largest designation of the Commercial Activity Center designations , a regional shopping center is designed to serve Ada County and the surrounding counties which make up the Treasure Valley. Sites for pos- sible re ional shopping centers have been des- ignated in the northeast quadrant of the I-84 Kuna-Meridian interchange and in the southeast quadrant of the Eagle Road/Fairview Avenue intersection. " (emphasis added to proposed change) . 6. (Page 20) REGIONAL SHOPPING CENTER. We would suggest that this policy section be amended to read as follows : "Meridian is encouraging , and has in the past encouraged , the development of a regional - 4 - "shopping center . As the geographic center of Treasure Valley, 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 , motels, and entertainment facilities. Therefore, Meridian is encouraging the development of a regional shopping center near the Meridian/ Kuna Road freeway interchange or in the south- east quadrant of the Eagle Road/Fairview Avenue intersection, or at both such locations. " In addition, we submit that Policies under this heading be amended , at least in part, and it is suggested that Policy No. 1 be amended to read as follows : "1. It is the policy of the City of Meridian to encourage and support the devel- opment of a Regional Shopping Center at either or both sites listed above. Either site could become a core commercial activity center within Meridian' s Urban Service Planning Area, as well as the Treasure Valley. " ; and Policy No. 2 might appropriately be amended to read as follows : "2 . The evaluation of a regional shopping center development shall be primarily based upon its consistency with the land use poli- cies of the Meridian Comprehensive Plan, as well as the future Air Quality Plan of Northern Ada County. " - 5 - 7. (Page 20) COMMUNITY COMMERCIAL CENTERS . Designated POLICY under this section might ap- propriately be amended to read as follows: "Application for Community Shopping Centers , as well as expansions of existing community shopping centers , shall be reviewed for possible adverse impacts upon the devel- opment of a regional shoppinq center . " 8. (Page 22) MIXED-USE REVIEW AREAS. THE AREA WEST OF KUNA-MERIDIAN ROAD, NORTH OF I-84N, AND SOUTH OF WALTMAN LANE , AND CONTIGUOUS TO THE FRONTAGE ROAD should be amended to read as follows: "This area is located in proximity to a regional shopping center location , is re- latively level in topography and will have excellent 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 will provide an excellent location for support ser- vices to a regional shopping center if one is developed at the Kuna-Meridian/I-84 interchange. " 9 . (Page 31) POLICIES . Sub-paragraph number 4 should be amended to read as follows: "4 . In order to preserve the integrity of residential neighborhoods and at the same time better serve regional shopping center locations , industrial review areas , community shopping center , and Old Town, the Policy 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 Locations" . 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 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 "REGIONAL SHOPPING CENTERS " , the paragraph directly below should be numbered "a" , and should read as follows : "a. The proposed Regional Shopping Center location northeast of the I-84/Kuna-Meridian Road interchange , should include two frontage roads; " The next two sub-paragraphs thereunder should be renumbered to 1 and 2 , and a new paragraph numbered "b" should be added as follows : "b. The proposed regional shopping center location in the southeast quadrant of the Eagle Road and Fairview Avenue intersection should be adequately served by existing arterials , Eagle 7 - "Road on the west and Fairview Avenue on the north. 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 Engineering staff to provide for orderly traffic movement into 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 activity go through a transitional stage where they still 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 in agricultural production as long as economi- cally feasible , however , where community growth needs and increased traffic at access creates pressure for new industrial or com- mercial development , it must be recognized that such land can no longer economically con- tinue to be identified or used as agricultural land to the exclusion of orderly growth and development. " 13 . (Page 52) CAPITAL IMPROVEMENTS PROGRAM (CIP) . 2 . Transportation Improvement Program. Second designated item under this subheading should be amended to read as follows: "Frontage Road from Eagle Road west to Kuna/Meridian Road (to service a possible Regional Shopping Center location) . " 8 - 14 . (Page 53) OTHER PROJECTS. 2 . Support and encourage development of Commercial Activity Centers. The first subject therein should change to read as follows : "A Regional Shopping Center at either location 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 the southwest quadrant of the Eagle Road/Fairview 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 Commission and the City Council of the City of Meridian for any reason deny the Petition of Upland to designate the Northwest Quarter of Section 9 described above as a Regional Shopping Center location, then Petitioner , in the alternative , 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. ORIGINAL .� PETITION FOR AMENDMENT OF MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN, IDAHO TO: THE PLANNING AND ZONING COMMISSION, CITY OF MERIDIAN 1. UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, whose address is 110 North Fourteenth Street, Suite 1000 , Omaha, Nebraska 68102 (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 Plan as adopted September 18 , 1978 , and as amended April 2 , 1984 , as follows: (A) To provide that the entire Northwest Quarter of Section 9 , Township 3 North , Range 1 East of the Boise Meridian, be designated in the Comprehensive Plan as a site for a Regional. Shopping Center . (B) To remove the North Curve "Rural Residential Reserve" designation from 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 accomplish this are set out in de- tail in Exhibit "A" attached hereto. 3 . For ease in identification, the properties for which the amendments are requested are the two (2) IN3i"�1�Vd3 ". OM I - 2 - quarter sections (Northeast Quarter of Section 8 , Township 3 North, Range 1 East and the Northwest Quarter of Section 9 , Township 3 North, Range 1 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 160 acres and is owned or controlled by the Petitioner , Upland Industries Corporation. The property is presently designated on the Comprehensive Plan 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 8 to be removed 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 Valley Business 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 S1�'3VVld�'d3Q 1<<yl : 'l r. h 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 amenable to development of a Regional Shopping Center with outstanding 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 question 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 Commission and to the City Council the proposal that the designated regional shopping center sites under the Meridian Comprehensive Plan be expanded to include the property belonging to Upland Industries Corporation. 6 . The public need for and benefit from such a change in the Comprehensive Plan 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 City of Meridian a wide range of store and shopping facilities and services Imiavana mvi n � u - 4 - that can only be furnished by a Regional Shopping Center ; (C) To attract to the City of Meridian 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 Valley and metropol- 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 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 make up the de- velopment of such Regional Shopping Center would hasten to enter the market. Upland Industries Corporation submits that the 1N3W18tl,^C ,'�'.'J1 '�f1 �../ �./ t-. 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 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. 7 . 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 bn this cause, which will consist generally of reference to the suitability of the site itself for development, transportation access to and from the site, demographic study of trends for the growth of the City of Meridian and northern Ada County, the Air Quality Improvement Plan for northern Ada County and the Transportation Plan for Northern Ada County, together with your Petitioner ' s proposed improvements to be made to the property. 8. The development intentions of your Petitioner for the land involved are as follows : Upon the amendment of the Comprehensive Plan your Petitioner will request that the trNia M VI am I 6 - 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 make available to the land involved, extension of water 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 water to be furnished to the land by extension of 10" mains from the existing Meridian system on Fairview Avenue and the future Pine Avenue Extension. All 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 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 lN36VRIVi30 my lln 7 - lines of S" , 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 Valley 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 Eagle Road will proceed in connection with the design for the industrial park on the land west of Eagle Road. 9 . It should be noted that your Petitioner has been actively involved in the development of the Treasure iwwaa.daa inn atn I 8 - Valley Business Center , Phase I , a proposed business and light industrial park on land belonging to the Petitioner lying west of Eagle Road and south of Fairview Avenue. It 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 with the Subdivision Ordinance of the City of Meridian. 10 . Upland Industries 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 environment. 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 this day of June, 1984 . UPLAND INDUSTRIES CORPORATION B - �. .._ Its Executive Vice President 11PP410,130 MT 0I0 PETITION OF UPLAND INDUSTRIES CORPORATION FOR COMPREHENSIVE PLAN CHANGE IN THE CITY OF MERIDIAN, IDAHO EXEIBIT "A' In order to accomplish the amendment to the Comprehensive Plan of the City of Meridian as amended April 2 , 1984 , as requested 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 appropriate: 1. (Page 7) AMENDMENT OF POLICY DIAGRAM. Though the Policy Diagram is defined on page 6 to be a "general guide for land use decision making---not as a legalistic , literal and definitive map, " 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 Policy Diagram: (a) Delete the "Rural Residential Reserve" designation and Neighborhood designation as shown at the North Curve area south of Fairview Avenue. (b) Designate the southeast quadrant of the Fairview Avenue/Eagle Road intersection as a Regional Shopping Center location (including , without limitation, the entire Northwest Quarter of Section 9 , Township powis is ,,vi ain r-. - 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 "E" is an indus- trial review area as are the "T" and "W" areas. 2. (Page 12) III--POPULATION GROWTH. Change the third line in the fifth paragraph in this section to designate more than a singular 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 addition. ) 3 . (Page 15) INTERCHANGE DEVELOPMENT. Add an additional sentence to the end of that paragraph to read as follows : "Although the Fairview Avenue/Eagle Road intersection is not presently an interchange located on the I-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 Department of Transportation, a major intersection in- terchange involving principal highways of Ada County and the State. " 1N3,AIM30 Iin r-. 3 -- 4 . (Page 18) EASTERN INDUSTRIAL REVIEW AREA. POLE Subsection 3 of the above section should be amended to read as follows: "---bench) , the contiguous residential area to the north, and the proposed site of a regional sh022inq center in the southeast quadrant of the inter- section of Fairview Avenue and Eagle Road . " (emphasis added to proposed change) . 5. (Page 19) COMMERCIAL ACTIVITY CENTERS. Regional Shopping Center . The text of this subheading should be amended to read as follows: "As the largest designation of the Commercial Activity Center designations , a regional shopping center is designed to serve Ada County and the surrounding counties which make up the Treasure Valley. Sites for pos- sible regional sh022in2 centers have been des- i nated in the northeast 2uadrant of the I-84 Kuna-Meridian interchange and in the southeast quadrant of th_e_ Eagle_ Road/Fairview Avenue intersection. " (emphasis added to proposed change) . 6. (Page 20) REGIONAL SHOPPING CENTER. We would suggest that this policy section be amended to read as follows: "Meridian is encouraging, and has in the past encouraged, the development of a regional �w�ai�a�� ;, � yin J u u 4 "shopping center. As the geographic center of Treasure Valley, 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, motels, and entertainment facilities. Therefore, Meridian is encouraging the development of a regional shopping center near the Meridian/ Runa Road freeway interchange or in the south-- east quadrant of the Eagle Road/Fairview Avenue intersection, or at both such locations. " In addition, we submit that Policies under this heading be amended, at least in part, and it is suggested that Policy No. 1 be amended to read as follows : "1. It is the policy of the City of Meridian to encourage and support the devel- opment of a Regional Shopping Center at either or both sites listed above. Either site could become a core commercial activity center within Meridian' s Urban Service Planning Area , as well as the Treasure Valley. " , and Policy No. 2 might appropriately be amended to read as follows: "2 . The evaluation of a regional shopping center development shall be primarily based upon its consistency with the land use poli- cies of the Meridian Comprehensive Plan, as well as the future Air Quality Plan of Northern Ada County. " �ra3Niaad3a tat ain 5 - 7. (Page 20) COMMUNITY COMMERCIAL CENTERS. Designated POLICY under this section might ap- propriately be amended to read as follows: "Application for Community Shopping Centers, as well as expansions of existing community shopping centers, shall be reviewed for possible adverse impacts upon the devel- opment of a regional shopping center . " 8. (Page 22) MIXED-USE REVIEW AREAS. THE AREA WEST OF KUNA-MERIDIAN ROAD, NORTH OF I-84N, AND SOUTH OF WALTMAN LANE, AND CONTIGUOUS TO THE FRONTAGE ROAD should be amended to read as follows : "This area is located in proximity to a regional shopping center location, is re- latively level in topography and will have excellent 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 will provide an excellent location for support ser- vices to a regional shopping center if one is developed at the Kuna-Meridian/I-84 interchange. " 9. (Page 31) POLICIES . Sub-paragraph number 4 should be amended to read as follows: N . In order to preserve the integrity of residential neighborhoods and at the same time better serve regional shopping center locations , industrial review areas , community shopping center , and Old Town, the Policy iN3wl8Vd3l Mal 3In 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 Locations" . 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 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 "REGIONAL SHOPPING CENTERS" , the paragraph directly below should be numbered "a" , and should read as follows : "a. The proposed Regional Shopping Center location northeast of the I-84/Kuna-Meridian Road interchange, should include two frontage roads; " The next two sub-paragraphs thereunder should be renumbered to 1 and 2 , and a new paragraph numbered "b" should be added as follows: "b. The proposed regional shopping center location in the southeast quadrant of the Eagle Road and Fairview Avenue intersection should be adequately served by existing arterials , Eagle lmvlidvd3a MVi A 7 - "Road on the west and Fairview Avenue on the north. 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 Engineering staff to provide for orderly traffic movement into 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 activity go through a transitional stage where they still 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 in agricultural production as long as economi- cally feasible, however , where community growth needs and increased traffic at access creates pressure for new industrial or com- mercial development , it must be recognized that such land can no longer economically con- tinue to be identified or used as agricultural land to the exclusion of orderly growth and development. " 13. (Page 52) CAPITAL IMPROVEMENTS PROGRAM (CIP) . 2. Transportation Improvement Program. Second designated item under this subheading should be amended to read as follows : "Frontage Road from Eagle Road west to Kuna/Meridian Road (to service a possible Regional Shopping Center location) . " !N3# 18Vd3l t'V R11 1 8 14 . (Page 53) OTHER PROJECTS. 2 . Support and encourage development of Commercial Activity Centers. The first subject therein should change to read as follows : "A Regional Shopping Center at either location 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 the southwest quadrant of the Eagle Road/Fairview 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 Commission and the City Council of the City of Meridian for any reason deny the Petition of Upland to designate the Northwest Quarter of Section 9 described above as a Regional Shopping Center location, then Petitioner , in the alternative, 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. IN3INIM30 Mn OIf) v -