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HomeMy WebLinkAboutStaff ReportCTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 STAFF REPORT Hearing Date: August 7, 2008 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Kennedy Commercial Center • CPA-08-005 .. ~, s __, , . _ ..._ ~ ~,~ ~.~ ~ ~. ~.,~ ~ ,~~ ~ ~~ L 3 ~ ~~~~ ~~ ~ ~ F~ ~:~ ~_ ~d ~ -~: ~ J i~ i~~ E I~~I~~~~~~ ~~E IDAHO Comprehensive Plan Map Amendment to change the land use designation on 33.59 acres of land from Industrial to Commercial • RZ-08-003 Rezone of 27.17 acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial), by DBSI Meridian I84, LLC 1. 5UNIMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DBSI Meridian I84, LLC, is requesting approval to amend the Comprehensive Plan Future Land Use Map (CPA) to change the land use designation on 33.59 acres of land from Industrial to Commercial. A Rezone (RZ) is also requested to change the zoning designation on a portion of the CPA area, 27.17 acres, from I-L (Light Industrial) to C-G (General Retail & Service Commercial); the remaining acreage is proposed to remain I-L. This rezone is contingent upon approval of the Future Land Use Map designation being amended to Commercial. The property is currently within the corporate boundaries of the City of Meridian. The site is located on the north side of Overland Road, on the south side of I-84, approximately 1/4 mile east of Linder Road. The applicant states in their application letter that, if approved, they intend to develop a portion of the property with a 35,000 square foot adult education and office facility and rent it to the University of Phoenix. The current I-L zoning of the property and Industrial land use designation do not allow for education institutions. 2. SUMIVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA and RZ applications below. After careful review, Staff has deternuned that allowing a"Commercial" Map designation and C-G zoning on the subject property would be in the best interest of the City due to the location of property adjacent to the interstate and its proximity to other commercially zoned properties and the Ten Mile interchange area. Staff is recommending approval of the CPA & RZ applications per the Analysis in Section 10 and the Findings listed in Ezhibit C of this staff report. Per ldaho State Code, Title 67, Chapter 65, the Commission may recommend amendments to the land use map component of the Comprehensive Plan to the goveYning board only once every six (6) fnonths. The Commission should note that there are seveYal othe~ CompYehensive Plan Map Amendments (9 total), also scheduled be heard on August 7, 2008. Staff anticipates that additional time may be necessaYy to make it thYOUgh all of the CPA applications. TherefoYe, if the Commission is inclined to make a favorable recommendation of the subject CPA application, Staff is recommending that this application be continued to the hearing date of August 14, 2008, in hopes that recommendations on all the CPA applications can occur at that one time. Kennedy Commercial Center CPA RZ PAGE 1 CTTY OF MERIDIAN PLANNING DEPARTIvIENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 3. PROPOSED MOTION Recommend Approval I move to recommend approval to the City Council of File Numbers CPA-08-005 and RZ-08-003, as presented in the staff report for the hearing date of August 7, 2008. Continuance I move to continue File Numbers CPA-08-005 and RZ-08-003, to the hearing date of August 14, 2008, for the following reason(s): (You should state specific reason(s) for continuance.) Recommend Denial I move to recommend denial to the City Council of File Numbers CPA-08-005 and RZ-08-003, as presented during the hearing on August 7, 2008, for the following reasons: (you should state specific _ reasons for denial.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1250 W. Overland Road (Pazcel No. S1213346700) Southwest '/a of Section 13, Township 3 North, Range 1 West b. Owners: DBSI Meridian I84, LLC 1550 S. Tech Lane Meridian, Idaho 83642 c. Applicant: Same as Owner d. Representative: JoAnn Butler, Spink-Butler, LLP 251 E. Front Street, Ste. 200 Boise, Idaho 83702 e. Present Zoning: I-L (Light Industrial) f. Present Comprehensive Plan Designation: Industrial g. Applicant's Statement/Justification (reference submittal material): "The applicant proposes that a lot in the Kennedy Subdivision be developed by Metro Commercial Properties to rent to University of Phoenix as a 35,000 square foot adult education and office facility. The I-L zone under the current UDC, however, does not allow higher education facilities. As discussed with staff, the applicant's present applications reflect the circumstances in the surrounding area, and the applications would allow the University of Phoenix project to proceed while simultaneously recognizing the continuance of the existing light industrial uses on the Herman parcel." See applicant's na~ative for more infor~nation. 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. Kennedy Commercial Center CPA RZ PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ I~ARING DATE OF AUGUST 7, 2008 b. The subject application will in fact constitute a Rezone as detenriined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: July 21, and August 4, 2008 d. The Public Service Announcement was broadcast faxed on: July 11, and August 4, 2008 e. Radius notices mailed to properties within 300 feet on: July 14, 2008 f. Applicant posted notice on site by: July 19, 2008 6. LAND USE a. Existing Land Use(s): The 26 +/- acre parcel (Kennedy Commercial Subdivision) is currently vacant and is in the development process; the smaller 6.5 +/- acre property is developed as Western Electronics, a manufacturing company. b. Description of Character of Surrounding Area: A mix of undeveloped land and developed commercial and industrial uses. c. Adjacent Land Use and Zoning 1. North: I-84, zoned R-4 2. East: Western Electronics property, zoned I-L and Mountain View Equipment, zoned C-2 (Ada County) 3. South: Overland Road and existing rural residential properties, zoned RUT & Rl (Ada County) 4. West: Vacant property, zoned I-L d. History of Previous Actions: • A Planned Development/Conditional Use Permit (CUP-O 1-009) was approved for this property in 2001, under the name of Treasure Valley Technical Center, which allowed for daycare, office, and retail uses with conditional use permit approval in the I-L zone. The conditions of this CUP run with the land and are still in effect. This CUP applied to all of the subject property, including what is now the Western Electronics/DBSI site. • The private street, S. Tech Lane, proposed to be platted as a common lot within this development (Treasure Valley Technical Center), was approved by City Council on December 5, 2000. • A Preliminary Plat (PP-07-013) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics in 2007 for 11 building lots and 2 common lots. • A Final Plat (FP-07-036) was also approved for this site in 2007 for 11 building lots and 2 common lots but has not yet been recorded. • A Conditional Use Permit Modification (MCLn was requested to CUP-O1-009 in February 2008, to allow private education institutions as an allowed use in the I-L zoning district through the existing planned development. The planned development for this site currently allows office, retail, and industrial uses in the I-L zoning district. The MCLT application was not accepted by the Planning Director because private education institutions aze a prohibited use in the I-L district. The applicant requested City Council review of the Director's decision; the Council voted to uphold the Director's decision and requested that the applicant apply for a Comprehensive Plan Map Amendment and Rezone. Kennedy Commercial Center CPA RZ PAGE 3 CTfY OF MERIDIAN PLANNING DEPARI'MENT STAFF REPORT FOR TI-~ HEARING DATE OF AUGUST 7, 2008 (Note: The Weste~n ElectYOnics property consists of un platted land.) e. Existing Constraints and Opportunities: 1. Public Works City water & sewer mains have been constructed within the Meridian Freeway Associates project and will be extended as part of this proposed development. Sewer and Water flows must be determined by Public Works and operate in compliance with the Public Works standards. The existing Western Electronics facility east of the site is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates and the Western Electronics facilities use the lift station, only the projected excess capacity in the receiving sewer is available for future development. According to analysis completed under CUPO1-009, computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project must continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. A provision has been made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of this project. This project must include relocation of the lift station to the northwest corner or installation of dry-line sewer to the northwest corner with this project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. 2. Vegetation: NA 3. Flood plain: This property is not within the floodway or floodplain. 4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west and south boundary of the site and has been tiled. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C-G 7. Proposed Comprehensive Plan Future Land Use Map Designation: Commercial 8. Size of Property: 33.59 acres in CPA; 27.17 acres in RZ f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): This property has frontage on E. Overland Road, I-84, and S. Tech Lane (a private street). Access is provided to both of the properties from S. Tech Lane. The Western Electronics parcel has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. 7. COMMENT5 MEETING On Ju1y 18, 2008, 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 Sanitary Service'Company (SSC). Staff has included all comments and recommended actions in the attached Elchibit B. However, as no new development is proposed, the meeting was for informational purposes only; only the Fire Department and SSC submitted comments. Kennedy Commercial Center CPA RZ PAGE 4 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARIlVG DATE OF AUGUST 7, 2008 8. COMPREHENSIVE PLAN CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. Industrial areas allow a range of industrial uses to~support industrial and commercial activities and to develop with sufficient urban services. In light industrial azeas, uses may include warehouses, storage nits, light manufacturing, and incidental retail and office uses. The applicant is requesting a Map amendment to "Commercial" for the subj ect property. The requested Commercial designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subj ect CPA and RZ applications and ofFers the analysis and recommendations contained herein for the Commission and Council's consideration. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Commercial," page 105, Chapter VII: Purpose Statement: "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 locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The highly visible location of this properzy on Interstate 84 makes this property a good candidate for commercial use rather than industrial use. Additionally, the commercial use and zoning that already exists on several of the properties to the east would help provide for a contiguous string of co~nercial uses along this section of Overland Road. Further, the land to the west of Linder Road included in the Ten Mile Specific Area Plan on the north side of Overland Road is designated Mixed Employ~nent & Miared Use Commercial. (Note: Two parcels directly to the west are designated Industrial on the Map and already zoned I-L. If the subject applications are approved, these two parcels consisting of 31 +/- acres and the Westeni Electf-onics site will be the only I-L properties in the area. The dow~zside of approving this amendment is that the City is losing more of its already limited supply of industr-~ial properry.) Chapter V, Goa1 III, Objective D, Action 5(page 43) - Require all commercial and industrial businesses to install and maintain landscaping. With construction of a new building on this site, the applicant will be YequiYed to install internal landscaping within the parking lot and aYOUnd the per^imeter of the site adjacent to vehicular use areas. Street buffer landscaping was requiYed with the plat for this propeYty. • Chapter VIl, Goal I, Objective B(page 109) - Plan for a variety of commercial and retail opportunities within the Impact Atea. Staff believes that the proposed commercial use of this propes~ty will assist in providing a variety of uses in this area of the City and will complement the existing commeYCial and industrial uses adjacent to the site. • Chapter VII, Goal III, Objective A, Action 1(page 111) - Ensure that adequate public services, including transportation, for elcisting and future development aze provided. Kennedy Commercial Center CPA RZ PAGE 5 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 City services are currently in W. Overland Road and are available to the subject pYOperty. Overland Road was recently widened to S lanes in front of the property and will assist in tYaffic flow to and from this property. • Chapter VII, Goal IV (page 112) - Encourage compatible uses to minim;~e conflicts and maximize use of land. Staff believes that the proposed Commercial designation and GG zoning of this proper~ty will be compatible with the existing commercial uses east of the site and the future commer^cial uses to the west of Linder Road. Chapter VII, Goal IV, Objective D, Action 5(page 114) - Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) With approval of the plat for this property (Kennedy Commercial Subdivision), a 25 foot wide street bu,ffer was requiYed along E. Overland Road and a SO foot wide street buffer was required along I-84, major transpor~tation corrzdors into the city. Landscaping will be requiYed within this buffer which will lend to the beautification of the area. Str^eet buffer landscaping has already been installed on the Western Electronics site. • Chapter VI, Goal I, Objective B(page 84) - Ensure compatibility of schools with neighborhoods and adjacent land uses (both commercial and residential). Staff believes that the proposed use of the property for an education facility will be compatible with existing and future commeYCial and industrial land uses in the area. However, if this proper~ty is changed from industrial to commeYCial, the undeveloped propet~ties to the west may reguest a similar change in the future. • Chapter IV, Goal II(page 27) - Diversify economic base of City - make Meridian more than a "bedroom" community. Staff believes that higher education provided by the proposed University of Phoenix will help diveYS~ the economic base of the City and continue MeYidian's path to become more than a bedYOOm community. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies aze to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattem of planned growt~ resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject site will require approval of a Certificates of Zoning Compliance prior to construction. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. ~ Kennedy Commercial Center CPA RZ PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. StafF believes that all necessary services aze currently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial use, Staff fmds that this element is not applicable to the subj ect application; housing was not envisioned for this azea. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the comxnunity has also ~hanged. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. In the past, the subject pazcel was identified as appropriate for industrial uses to take advantage of what was seen as a boom in manufacturing and development. However, Staff believes the increased commercial development within the immediate area and high visibility of the property has deemed this site more appropriate for retail, service, and office uses now. Staff would not be surprised if the undeveloped properties to the west also request a Map amendment and rezone in the future. e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services. f. School Facilities and Student Transportation The pu.rpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote an efFicient and safe transportation system within the City. Staff believes the proposed plan amendment will not negatively impact transportation within the City of Meridian. East Overland Road is an existing principle arterial, designed to accommodate the increased road traffic that will be generated from retail, service, and office uses. h. Natural Resources The purpose of this element is to promote conservation of azeas of natural significance, where appropriate. Staff does not believe that future commercial development of this property will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic azeas, nor does the parcel contain any known significant natural resources. Kennedy Commercial Center CPA RZ PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The policies of this element aze presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the commercial development within the immediate area has deemed this site more appropriate for retail, service, and office uses, thus justifying the request the land use change to "Commercial." m. Implementation The City provides the necessary staff and facilities to adininister and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the city to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owners, DBSI Meridian I84 LLC, and Herman-Treasure Valley Business Park I LLC. 9. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to Commercial, the requested rezone to the C-G zoning district would comply with the map designated use of this property. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C-G district. The proposed education institution and office use of the property is a principal permitted use in the C- G zone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C-G zone.) b. Purpose Statement of Zone (iJDC 11-2B-1): 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 (4) 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. Allowed uses in the C-G district are of the Kennedy Commercial Center CPA RZ PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 largest scale and broadest mix of retail, office, service, and light industrial uses. Further, properties in the C-G district should be located in close proximity and/or access to the interstate or arterial intersections. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT & REZONE The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map designation for all of the subject property (33.59 acres) from "Industrial" to "Commercial." Additionally, the applicant is proposing to rezone the portion of the site platted as Kennedy Commercial Center Subdivision (27.17 acres) from I-L to C-G (the Western Electronics/DBSI portion of the site is not proposed to be rezoned). The RZ is contingent upon the CPA request being approved. See Elchibit A.1 for a boundary map of the proposed CPA & RZ. In 2001, a planned development/conditional use pernut (CUP-O1-009) was approved for the entire site that allowed for daycare, office, and retail uses with conditional use permit approval in the I-L zone. The conditions of this CUP run with the land and aze still in effect. Approval of the subject map amendment and rezone would allow the applicant to construct a 35,000 square foot adult education and office facility on one of the lots within Kennedy Commercial Center Subdivision for rent by the University of Phoenix. Education institutions are a prohibited use in the I-L zoning district but aze a principal permitted use in the proposed C-G zoning district. Approval of a map amendment and rezone would make the zoning more consistent with the land use approved with CLTP-O 1-009 on the Kennedy Commercial Center Subdivision properiy. Additionally, a map amendment to commercial would be consistent with adjacent existing commercial uses to the east. Although, the industrial use and zoning of the Western Electronics/DBSI property would remain and be inconsistent with bordering coxnmercial uses, if/when the property redevelops, the property would be able to develop commercially and would be more compatible with adjacent commercial uses. Also, the highly visible location of this property adjacent to Interstate 84 makes it more desirable for commercial use rather than industrial use. Staff believes that the proposed CPA & RZ request complies with the purpose statement of the C-G district as stated above in Section 9. Please see Section 8 above and the Findings in Exhibit C below for Staff's analysis regarding the CPA amend~nent. The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Access: The property contained in the CPA application has frontage on E. Overland Road, I- 84, and S. Tech Lane (a private street). Access is provided to both of the properties (Western Electronics/DBSI and Kennedy Commercial Center Subdivision) from S. Tech Lane. The Western Electronics/DBSI parcel also has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. Building Elevations: The applicant has submitted conceptual building elevations for the proposed 2-story school building; 1-story, 2-story, and 3-story o~ce buildings; single story restaurant building; retail building with 2-story option; and single-story bank. The buildi.ng Kennedy Commercial Center CPA RZ PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. The proposed building elevations with construction materials are included in Exhibit A.3 of this staff report. Staff has Yeviewed the pYOposed elevations and building matet~ials and believes they YepYesent high quality design and materials. Staff appYOVes of the building elevations as proposed and is including a DA provision that future buildings const~ucted on the site comply with these elevations and design review standards in effect at the time of development. Note: Metal shall only be used as an accent material. Conceptual Site Plan: The applicant has submitted a conceptual site plan showing how Kennedy Commercial Center Subdivision, the property proposed to be rezoned, may develop in the future. Two 3-story o~ce buildings consisting of 66K square feet (s.f.) each, along with a 2-story office building consisting of 45K s.f., and a 2-story education facility consisting of 35K s.f. for the University of Phoenix are depicted along the frontage of Interstate 84. Four office buildings consisting of 31,475 s.f., one bank building consisting of 7.SK s.f., one restaurant building consisting of S.SK s.f., and one retail building consisting of 14K s.f. are depicted internally and adjacent to Overland Road on the site plan. The total square footage of commercial uses planned for the site is 270,475; the total number of structures planned for the site is 11. Staff approves of the proposed conceptual site plan as shown in Exhibit A.2. Landscaping: There is existing landscaping on the Western Electronics/DBSI site. Perimeter street buffer landscaping was required with the preliminary plat for Kennedy Commercial Center Subdivision. No landscaping improvements are required at this time but perimeter and internal landscaping will be required upon development of the site. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC pernut from the Planning Department for all new construcrion on the site prior to issuance of building pemuts or establishment of any uses. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Coxnmission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written comxnitment for all future uses. Staff believes that a DA is necessary in tlus instance to ensure that tlus site is developed in accordance with the proposed conceptual site plan and conceptual building elevations. If the Commission or Council feels that additional DA provisions are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant sha11 contact the City Attomey, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall include, at minimwn, the following: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, including design review standards. 2. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A.2 and A3 of this Kennedy Commercial Center CPA RZ PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 staff report, as amended herein, and with the requirements of the subject Development Agreement. Construct a minimum of 8 and a maximuxn of 14 buildings on this site. No footprint for a single building shall exceed 20% of the square footage shown on the conceptual site plan. Further, no building shall exceed 3 stories in height. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building pernuts. 5. The applicant shall comply with all applicable previous conditions of approval for this site, including those associated with CUP-01-009, PP-07-013, and FP-07-036. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-G zoning district listed in UDC Table 11-2B-2. 7. No change in the uses specified in this agreement shall be allowed without modification of this agreement. Staf~` believes that the applicant's request to amend the future land use designation of this prope~ty to commercial and rezone a portion of the prope~ty (Kennedy Commercial Center Subdivision) to C-G would be in the best interest of the City as it complies with the purpose statement of the commercial districts and specifically the C-G district. A commercial designation will allow the applicant to construct an education institution on the site, which will provide needed ser~vices within this area of the City. Staff believes that the location of the property is optimal for commercial, not industrzal uses and as such, will provide a more attractive building fa~ade adjacent to a major transportation corridor into the City than industrial buildings likely would. Further, the proposed commercial designation and C-G ,zoning of a portion of the prope~ty should be compatible with the com~nercially zoned properrties east of the site. Staff is in support of the requested CPA & RZ applications based on the Findings listed in Exhibit C of this staff report and the Analysis in Sections 8 and 10. Please see Exhibit C for detailed analysis of facts and findings for a CPA and RZ. b. Staff's Recommendation: Staff is in support of the CPA and RZ applications as proposed by the applicant. Staff is recommending approval of the applicant's request to amend the Comprehensive Plan Future Land Use Map to a Commercial land use designation and Rezone a 27.17 acre portion of the subject property to C-G as presented in the staff report for the hearing date of August 7, 2008. This recommendation is based on the Analysis in Section 10 and the Findings of Fact as listed in Exhibit C of this staff report. 11. E~~ITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations 4. Legal Description & Exhibit Map for Property proposed to be Rezoned C-G 5. Comprehensive Plan Future Land Use Map Kennedy Commercial Center CPA RZ PAGE 11 CITY OF MERIDIAN PLANNING DEPARTIV~NT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 a. Future Land Use Map Depicting Current Designation of Industrial b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by Staf~ B. Other Agency and Department Comments C. Required Findings from the Unified Development Code Kennedy Commercial Center CPA RZ PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 A. Drawings 1. Vicinity Map Exhibit A- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 2. Conceptual Site P~an ~: ~.~~.~ .~,.,~,~, ~~..~,.~~.~~„ ~.a,u~ sa~aa.ma.,~ ~~.-aen.r _ineu~++a_ satlt~w~ar ~Ala~Aat.alt~.! ~1 a. 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B 16181Yfi AL'CYK'IS ' 13l_!ILDINCi #2 _ z_ rn~-r~n~eefni euuu~u. ;~, i, ~ ~ , .~ r.t,7~euaim.nwo _ ` _ ~vrni: sr~nv ~+rriun _ - ---- - - ecis nn~ n~nT~~.v [~RL{'K S8Ut4'U cr~u tru: ~.~~ xuor stntinr~v~ #3 Wdte6 e~u ~rva uta7en.u,~ t~RItB~ S7fl~CCG 5713NF 6L-0TCD ~ACT.'ll.fAR41P5 ~u~~.niNG u~ ~ s eivc~ s iosv nrrre n bU-Lp9Nt1 A10.1'AB&a9 BRI¢'K VTiCfQI STi1NF WPYAI.I.Ii &OOF P~41.'LA A~LP 11VEft leAHf'iR.'O K9UP VL,t~F 71.i: ~ ~ ~ ~^ F~ Etchibit A- 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 Exhibit A- 4 CITY OF 1~RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 4. Legal Description & Exhibit Map for Property proposed to be Rezoned C-G t f , TQ~N~131~T ~1~TG ![~1K~~' ~: ~~ ~r~ 9rn t~n~v sou~v~ sa~„'~a ~ta-aaas ~.3~=z3ae • rri~c aaa-~•a~s ~.ooan 1'r~jC~t N0: U71k11 ~0; J~ 1 ~ ~ ~~ Pege: I Of 1 ~~° u~lA Lend De~riptioa - For Re 2oaing Fucpo~s cf Proposed Kebae~y Cammecc~a.i Cer+te~ St~tiv~i~on A par~el af Ia~3 tocated in tha~ 114 ~o,~th~ S1N 1/4 af SacE~ion 13, Town~ip 3 I~TT~h, Rars~e 1'qU'~ Bbi~e A+F~diaa, +4~ f~, idaho, mora parN~y d~'b~d ag fo~awa: Cd}~~TCD~FQ at ~~and S€$" ~r matk~ng the Soat~ 1!4 corner of satid Se~n 13. frum w*hiq~-'a found 1/2" ~ac ~iug thw ~ ca~na to S~lia~s 13,14, ~3 a~d Z~ ~ N.89°ti7"~2"'~`., 2555,Ea~ f~ t~te~ce, atong ~I~ce ~erly lins af sasd Sectzoa 13 (o~ut~rline of @V. (}verl~rud Ra~, .q.} N.89°OT22"~., 577.77 fe~t to t~ titilWT OF BEGII~IVIN't~, thence. a~intr~ 1) N:89°OT22"~V., 75tl.~T fe~ti~ t~e~w~.st ~aftl~SE ll~ ofihe s'~V' U4 of said ~tun 13: ti~ce, atan$ ~ vuestcrly l~no of ~id SE I,f4 ~ff''the S'W"'~., 2) N.OD°31'S0'B.. l 123.83 f~fi ta~ a faund 5/B" reb~r cm tlt~ sot~erly rig~t-o€~y' lius of Interstate I~~vay I-84; thence, altiag s~l ~ rig~t-of-way li~; 3) $.$9°34'29°F., Y3~9.37 ~ t~ a fo~nd S!8°' T868!' 13II t$e ~ly l1IIe ogS~d' SR l14 of ~e $`9~' ll4; ~~, ~~ ~ ~'1Y 1~a. 6~) 3.tt~'~0~9°'9W'., 585.9$ f~t ta e fow~i S!8" rebar. ~, S} ~1,8~"~'37"'W.m 57~.55- ~i t~s a fo~tnd 5/$" rab~ ,#h~e~ d? S,Q4°~'~'32"W., 5~~.66 fe~t ~o t~e PQ~I` t1~" BEG~TC. ~@NT,AIIVffi~TG: 27.~'~ a~, more or 1~. s~+cr a~a wu ca~, ~i~ ~~ ~'~. ~~ ~ u~a ~,a ffiy ~~ ~ `~ "~i+a. ~! l~ 2~ w~~~ ~~.~aanw~r~+s~ve~c~s,~ ; a~+,~ ~~ • C~t1R r1~A~1~ + CelL~t~ E~chibit A- 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 P~t)POS~ ~Y Ct?~~4-L C~ 3t~BD1~ON 1~-~fl~Tt~ ~C~ ~T A PAR[~ Oi~` ~D IdOGATBD IN T~S ~i J4 4F' fi~E ~i f 9~ Q~ ~EG~I4N 13, T4'~PN~' 3 Ni~~ ~1T~T 1'~f', HOISE ~IA~iT, CITY QF ~IDLAN. ADA COUNTY. 1DAH0 20Q8 ~~ t-e~ (EOO' gt~ac a~~ry - - ~'u~~ag~ a~..~ _ _ ~ , 1" ~I ~ ~ t27.17 AC12E3 ~! ~ ~ ~. - - , ~ „ a acs's~°w s~a.a~ ~ a ~ ~ ~ ~n Ylt~"~I IGV d i' ~ '~ ~ oi' oL• Vil~j~llV~~ 1~4 13 ~sa $ • 13 .~ _ _ ~~I r. 23 24 fass'07'22°V9 z88S.sz' 91/4 ~ 24 9~C. COitNI;R ~ ~ES'P OQER~JD 140AD A R D 15C 3flD ~t14 BIiC ~_~~~ - -- -- sfcrronr u1vE - - ~eo~ ~~ttn~ ~ s~~~ . ~ ~~• ~ ~- o c~u~uurm r~r ~'. , T~?OTI~t'-~R`!'~}N $'~+TG~'Ge Gi~. ~RYL~VIE Ai~P~AL ~ BAtti1NE~A9 &U~'1rIIF19 p44NNER9 9Tt7 ~EN BFt1A~11pt~ ' ~ I~AHD B'~'J'id-~. PHONEt 248-323-2288 • FAX: 20B-323-2399 -_n n~ i i- www's .IYf~ l0 ~ C-tltfi tl~~D41-~~4C8/1?~b{ ~t810d1 E~chibit A- 6 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 5. Comprehensive Plan Future Land Use Map Exhibit A- 7 a. Future Land Use Map Depicting G~urent Designation of Industrial CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 7, 2008 b. Future Land Use Map Depicting Proposed Change to Commercial(recommended by Sta, ff, - t -c: n Meridian City -la ~ N-R ~~~--- ~ ~. -"~ ay 1 " G R-8 g' L N "S R ~ UI~11~_ I _~~ I ;~' I ~ I r w i `- ~ i_ N City oi M~idian makes no repr~ssentation or urarranties, e~ressed or implied as to the accuracy, c~npl~eness, timeGness or rights to use this informatim~. City of Meridian ~all not be Gable far inacxuracies or misuse. This map is made from data copyrighted by Ada County. Ada County shall not be liable for inaccurades ~ mf~se af ~is map. Maps bea~ing this disclaim~ may be photocopled fieely. However, use in any digital fa~m requires the written pertnissia~ af Ada C~nty. ~1 C-G 1 ~Z-$ N U 470 840 1,880 2,820 3,780 ~ Feet 1 inch equals 1,179.315476 feet ~~e~ ~ ~ t ~ ~ I • . . Nl~ C~-~.~- I ~ i. - a ..s~t: ~ F- x ;... _. . _ v, ~ ti ~ ~ ___. , ~ ~ __.. - _._..____. .~ . ..... ,1_::=. N ~^, _..~ Site ~ SALMON I __ _ _, . c, L R-S ? GG Exhibit A- 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-~ARING DATE OF AUGUST 7, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordina.nce approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attomey's office prior to commencement of the DA. The DA shall, at minimum, incorporate the provisions noted in Section 10, Development Agreement, of the staff report. 2. PUBLIC WORKS DEPARTMENT 2.1 All conditions of approval from the August 2, 2007 Kennedy Commercial PP-07-013 will apply with this application. 2. FIltE 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 Fina1 Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4%z" 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 placed 18" above finished grade to the center of the 41/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or e~sting hydrants for all new construction or additions to e~sting buildings within 1,000 feet of the projec~ 23 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn azound. Phasing of the project may require a temporary approved tum 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 of 28' inside and 48' outside radius. 2.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 2.6 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 D103.6 Signs. 2.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. Exhibit B- 1 CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tf~ HEARING DATE OF AUGUST 7, 2008 These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 2.8 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. 2.9 Commercial and office occupancies will require a fire-flow consistent with the International Fire ~ Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.10 Maintain a separation of 5' from the building to the dumpster enclosure. 2.11 There shall be a fire hydrant within 100' of all fire department conn~tions. 2.12 Buildings over 30' in height are required to have access roads in accordance with The Intemational Fire Code Appendix D Section D105. 2.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3. SANITARY SERVICE COMPANY 3.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 4. ADA COUNTY HIGHWAY DISTRICT On May 2, 2001, the Ada Cour~ty Highway District Commissiorrers ad~! on MCUP01-009 for Treasure Vailey TechNcal Center. On July 31, 2~7, the A~ County Highway Distrid aated on MPP-07-013 for Kennedy Commercial Center Subdivision. The condi~ona ar~ requirements for the i~ao apptica~ions ~sted above also apply to AACPA-08-005. There are rx~ additional requirements at thi~ time due to the fac# that all ~treet improvemerrts exis#. MCUP01-OQ9 referenc~s the two existing acc~ss points on Overland Road ior the W~em Electronics Building. O#~er than the e~dsting dri~~way, Tech Lan~, and the approved d~iveway in Kennedy Commercial Cer~ter no additional a~ uv611 be allowed to Overland R~d. Attached for refereru~ is tl~e recent staff report for Kennedy Commercial Center Subdivi~ion. • P~ior to final approval you arlll ~ to submit construcHon plans to the ACHD Development Rsvisw DepartrnsM to insure campliance with the cond~tiorts Ide~ifled above or for trafflc tmpact fee aasess~nent ThI.~ is a separats neview pracess ~at requires direct plans submFltal to the Develapment Reaiew staH at the Highway Dlstrict • A traffic impact foa will !~ ass~sed by ACHD and wlll be due prior to th~ i~uancs of a building pemtit, Con~ct ACFID Planning S Developme~ Seroir.~ at 38T-6770 for information rsgardln~ Impact tees. Exhibit B- 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 7, 2008 C. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff fmds that the proposed change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds that the proposal to modify the Future Land Use Map will increase the ability for innovative design in this highly visible azea of the City. Staff believes that allowing for comxnercial offices, retail businesses, and a university to locate in this area will improve the public services available in this sector of the City. c. The proposed amendment is internally consistent with the Goals, Objectives and PoGcies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. Staff finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis). Staff recognizes the existence of other commercially and industrially zoned properties in close proximity to this property and believes that the proposed commercial use of the property will complement the existing uses in this azea. d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment is consistent with the Unified Development Code. Further, the concurrent rezone request of a portion (27.17 acres) of the property from I-L to C-G will comply with the proposed commercial designation for the property. e. The amendment will be compatible with ezisting and planned snrrounding land uses. Staff finds that the proposed map amendment will be compatible with eacisting and planned commercial uses to the east of the subject property. f. The proposed amendment will not burden e~sting and planned service capabilities. Staff finds that the proposed amendment will not burden existing and planned service capabilities in this area. g. The proposed map amendment (as applicable) provides a logical juztaposidon of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Staff finds that the proposed map amendment to commercial will allow for a mix of uses (education institution, offices, retail, restaurant, bank, etc.) on the site that should be compatible with the existing and future commercial uses in the area. Additionally, Staff fmds that the distance between the south property boundary of the site and the residences on the south side of Overland Road should be sufficient to mitigate the impact of the commercial development. Eachibit C- 1 CITY OF MERIDIAN PLANNWG DEPARTMENT STAFF REPORT FOR THE I3EARING DATE OF AUGUST 7, 2008 h. The proposed amendment is in the best interest of the City of Meridian. Staff finds that the proposed amendment is in the best interest of the City. 2. 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 annezation 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 rezone 27.17 acres to C-G. Staff finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the CPA request is approved to a Commercial designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed professional offices, retail businesses, bank, restaurant, and university would be permitted uses within the requested C-G zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plan and conceptual building elevations for this site. Staff finds that future development of this properiy should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfaze. Staff recommends that the Comxnission 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, Staff finds that the proposed zoning amendxnent will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. Staff finds that the rezone of the subject property from I-L to C-G is in the best interest of the City. Exhibit G 2