HomeMy WebLinkAboutKennedy Commercial Center RZ-08-003CITY OF MERIDIAN E IDIAN =-
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of the Request for Rezone of 27.17 Acres from I-L (Light Industrial) to C-G
(General Retail and Service Commercial) for Kennedy Commercial Center, by DBSI
Meridian I84, LLC.
Case No(s). RZ-08-003
For the City Council Hearing Date of: September 23, 2008 (Findings on the October 2,
2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached StafFReport for the hearing date of September 23, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 23, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 23, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 23, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-003
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4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Development Agreement
provisions in the attached Staff Report for the hearing date of September 23, 2008,
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone request as evidenced by having submitted the legal description
and exhibit map prepazed by Steven J. Frisbie, PLS, dated 6/11/08.is hereby conditionally
approved; and,
2. A Development Agreement is required with approval of the subject Rezone application
and shall include the provisions noted in the attached Staff Report for the hearing date
of September 23, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of September 23, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-003
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By action of the City Council at its regular meeting held on the ~ ~ day of
(~ , 2008.
a~
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest: ~`~~~~ ~'q~, ~'~•
~r ~~
Fo
A~,
Jaycee loran, City Clem 9 ~~
9Q ~~r ,s~ ~, •tQ,.~'
Copy served upon Applicant, Th~'~d,~}~g~~artmer,
Attorney.
VOTED~~-
VOTED
VOTED
VOTED
VOTED
Weerd
Public Works Department and City
B .~-'' Dated: ~O-9 "O~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
STAFF REPORT
Hearing Date: September 23, 2008
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: Kennedy Commercial Center
• CPA-08-005
E IDIAN ~---
lDAHO
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. SUMMARY 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. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CPA and RZ applications below. After careful
review, Staff has determined 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 Idaho State Code, Title 67, Chapter 6S, the Commission may recommend amendments to the
land use map component of the Comprehensive Plan to the governing board only once every six (6)
months. The Commission should note that there are several other Comprehensive Plan Map
Amendments (9 total), also scheduled be heard on August 7, 2008. Staff anticipates that additional
time may be necessary to make it through all of the CPA applications. Therefore, 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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
The Meridian Planning & Zoning Commission heard this item on August 7. and 14.2008. At
the public hearing on August 14.2008 they moved to recommend approval of the subiect CPA
and RZ reauest.
a. Summary of Commission Public Hearing:
i. In favor: Richard Andrus; Russ Merrill
ii. In opposition: None
iii. Commenting• None
iv. Written testimony: Richard Andrus
v. Staff presenting application: Caleb Hood; Anna Canning
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Concern about how 35 buildings. as proposed by the applicant. would be situated on the
ro e
ii. The applicant's request to modify DA provision #2 per the letter submitted by Richard
Andrus; and
iii. Discussion about limiting the mazimum number of buildings on the site to 20 instead of
35 as requested by the applicant.
c. Kev Commission Change(s) to Staff Recommendation:
i. Modify DA provision #2 to allow up to 20 buildings to be constructed on the site instead
of 14 (see page 11);
ii. Modify DA provision #2 to reflect the other changes requested by the applicant.
d. Outstanding Issue(s) for City Council:
i. The Council should determine if the Commission's recommended changes to the DA, as
noted on page 11. are appropriate.
ii. The Council should determine if a Commercial land use designation and C-G zoning
district as requested is appropriate for this property.
fan City Counci heard these items on Septemb er 23.2008. At the public hearing the
approved the subiect CPA and RZ reauest
.~ City Council Public Hearins<:
j, In favo r: Hethe Clark: Bill Bach
jj. In opno siHon: None
jjj, Comm enting: None
~. Writte n testimony: None
y. tall pr esentins< application: Sonya Watters
yi. Other s taff commenting on ann ication: nna Ca Wino
jL ev Issues of Discussion by Council•
j, If here are nntrinnr ch~d~~ areas assn fated wit h the ivercity of Phoe ix. they
should be on the south side of the boil ing unl ess a noise abatement wall is
constru cted on the north side of the buil_din~ a djacent to the interstate: and
ja, The Cit y i ru nins< out of land de is<nated for industrial use.
~, Key Counc i Changes to Staff/Commission Recom mendation
'
j. Modify DA provision #5 to include additiona s reauest
llans<uaQe per the applicant
Cit y Counci's reauest (see Section 10 of t he staff report. page 121.
ja. Add a DA provision for outdoor study areas_a s~osiated with the education facility to
be locat ed on the south side of the building aw a.v from the interstate.
Kennedy Commercial Center CPA RZ PAGE 2
CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
3. PROPOSED MOTION
Approval
I move to approve File Numbers CPA-08-005 and RZ-08-003, as presented in the staff report for the
hearing date of September 23, 2008.
Continuance
I move to continue File Numbers CPA-08-005 and RZ-08-003, to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
Denial
I move to deny File Numbers CPA-08-005 and RZ-08-003, as presented during the hearing on
September 23, 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 (Parcel No. S1213346700)
Southwest % 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 narrative for more information.
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 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
b. The subject application will in fact constitute a Rezone 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.
c. Newspaper notifications published on: July 21, and August 4, 2008 (Commission); September
1, and 15, 2008 (City Council)
d. The Public Service Announcement was broadcast faxed on: July 11, and August 4, 2008
(Commission); September 12, 2008 (City Council)
e. Radius notices mailed to properties within 300 feet on: July 14, 2008 (Commission); August 29,
2008 (City Council)
f. Applicant posted notice on site by: July 19, 2008 (Commission); August 30, 2008 (City
Council
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-01-009) 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. 7'he
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 (MCU) 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 MCU application was
Kennedy Commercial Center CPA RZ PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TILE HEARING DATE OF SEPTEMBER 23, 2008
not accepted by the Planning Director because private education institutions are 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.
(Note: The Western Electronics 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 CUPO 1-009, 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 comer
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. COMMENTS MEETING
On July 18, 2008, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Depaztment, Meridian Pazks Depaztment,
Kennedy Commercial Center CPA RZ PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
Meridian Public Works Department, and Sanitary Service Company (SSC). Staff has included all
comments and recommended actions in the attached Exhibit B. However, as no new development is
proposed, the meeting was for informational purposes only; only the Fire Department and SSC
submitted comments.
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 azeas allow a range of industrial uses to support industrial and commercial activities and to
develop with sufficient urban services. In light industrial areas, uses may include wazehouses, storage
nits, light manufacturing, and incidental retail and office uses.
The applicant is requesting a Map amendment to "Commercial" for the subject property. The
requested Commercial designation is meant to provide a full range of commercial and retail uses to
serve azea 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 subject 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 property 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 commercial 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 Employment & Mixed 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 Western
Electronics site will be the only I-L properties in the area. The downside of approving this
amendment is that the City is losing more of its already limited supply of industrial property.)
Chapter V, Goal 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 required to install internal
landscaping within the parking lot and around the perimeter of the site adjacent to vehicular use
areas. Street buffer landscaping was required with the plat for this property.
Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Kennedy Commercial Center CPA RZ PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, ZOOS
Staff believes that the proposed commercial use of this property will assist in providing a variety
of uses in this area of the City and will complement the existing commercial 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 existing and future development are provided.
City services are currently in W. Overland Road and are available to the subject property.
Overland Road was recently widened to 5 lanes in front of the property and will assist in traffic
flow to and from this property.
• Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimise conflicts and
m~ximi~e use of land.
Staff believes that the proposed Commercial designation and C-G zoning of this property will be
compatible with the existing commercial uses east of the site and the future commercial 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 buffer was required along E. Overland Road and a SO foot wide street buffer was required
along I-84, major transportation corridors into the city. Landscaping will be required within this
buffer which will lend to the beautification of the area. Street 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 commercial and industrial land uses in the area. However, if this
property is changed from industrial to commercial, the undeveloped properties to the west may
request 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
diverse the economic base of the City and continue Meridian's path to become more than a
bedroom 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 are 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 pattern of planned growth 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
Kennedy Commercial Center CPA RZ PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
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.
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 are 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 subject application; housing was not envisioned for this area.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from afarming-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
community has also changed. 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 parcel 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 purpose 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 areas 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 areas, nor does the parcel contain any known significant natural resources.
Kennedy Commercial Center CPA RZ PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
j. Hazazdous Areas
The purpose of this element is to ensure regulation of development in hazardous azeas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous azeas 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 prepazed to identify suitable azeas 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 azea 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 administer 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 aze 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-
Gzone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C-G zone.)
b. Purpose Statement of Zone (iTDC 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 aze 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 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 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 Exhibit A.1 for a boundary map of the proposed
CPA & RZ.
In 2001, a planned development/conditional use permit (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 are 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 are 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 CUP-01-009 on the Kennedy Commercial Center
Subdivision property. 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
commercial 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 amendment.
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 office buildings; single story
restaurant building; retail building with 2-story option; and single-story bank. The building
Kennedy Commercial Center CPA RZ PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 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 reviewed the
proposed elevations and building materials and believes they represent high quality design
and materials. Staff approves of the building elevations as proposed and is including a DA
provision that future buildings constructed 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 office 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 unprovements 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 permit from the Planning Department for all new construction on the site prior to
issuance of building permits or establishment of any uses.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning
Commission 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 commitment for all future uses. Staff
believes that a DA is necessary in this instance to ensure that this 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 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
Attorney's office prior to commencement of the DA. The DA shall include, at minimum, 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 generally su~stanfial}y comply with the conceptual site
plan and include the materials found in the building elevations submitted to the
Kennedy Commercial Center CPA RZ PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
City as shown in Exhibit A.2 and A.3 of this staff report, as amended herein, and
with the requirements of the subject Development Agreement. The Ci
acknowledges the ultimate owners and users of each parcel within the property
will be determined by market demand, and therefore, the ultimate number and
design of the buildings within the property may vary from those contained in
Exhibit A.2 and A.3. Construct a minimum of 8 and a maximum of ~4 20 buildings
on this site. The maximum total square footage for all the structures located
within Kennedy Commercial Center Subdivision shall be limited to 324,570
square feet (i.e. 120% of the square footage listed on the conceptual site plan).
No single building shall exceed 80.000 sauare feet without the Developer
obtaining a conditional use permit.
° .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 permits.
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.
To the extent a condition of approval and/or zoning determination for this site
conflicts with another condition of approval and/or zoning determination for
this site. the more recent condition of approval and/or zoning determination
shall control. The Planning Director shall determine if a conflict exists between
earlier and later provisions.
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. 1Vo change in the uses specified in this agreement shall be allowed without
modification of this agreement.
8. Outdoor study areas associated with the education facility shall be located on
the south side of the building away from the interstate.
Staff believes that the applicant's request to amend the future land use designation of this
properly to commercial and rezone a portion of the property (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 services within this area of the City. Staff believes that the location of
the property is optimal for commercial, not industrial uses and as such, will provide a more
attractive building facade 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 property should be compatible with the commercially zoned
properties 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
Kennedy Commercial Center CPA RZ PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
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. The Meridian
Planning & Zoning Commission heard this item on August 7, and 14, 2008. At the public
hearing on August 14, 2008 they moved to recommend approval of the subiect CPA and RZ
request. he Meridian City Council_ heard these items on September 23.2008. At the uubLi
ouncil approved the subiect CPA and RZ reauest
11. EI~~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
a. Future Land Use Map Depicting Current Designation of Industrial
b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by
Staff
B. Other Agency and Department Comments
C. Required Findings from the Unified Development Code
Kennedy Commercial Center CPA RZ PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
A. Drawings
1. Vicinity Map
Exhibit A- I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
2. Conceptual Site Plan
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CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
4. Legal Description & Exhibit Map for Property proposed to be Rezoned C-G
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Date: Jury 11, 21108
Page; l of 1
EXI~BIT "A"
Latnd Description - P'or Re Zoning Purposes of Proposed Kennedy C,omnnercial Center
Subdivi~on
A parcel of land located in tbo SE lA4 of the SW I/4 of Section 13, Township 3 North,
Range 1 Brest,l3oise Meridian, Ada County, idsha, more particularly ti~crib~d as follows:
COM11'J~NCIlYG at a farad S/8" rebar marking the South l /4 corner of said fiection 13,
from which a found 1/2" rebar marking the comer common to Sections 13, 14, 23 end 24
bears N.89°07'22"'9J., 2655.62 feet; thence, slang the southerly line of mid Section 13
(c~aterliae of Vd. Overload Road),
A.) N.89°OT2Z"W., 577.77 feet to the P0119T OF B1L;GINNING; thence. cnntinvIag
1) N.89°p7°22"W., 750.07 feet to flee ~uth~vest carver of the SE I/4 ofthe S W U4
of said Section 13; thence, along the c-~esterly line of said SE I/4 of the SW '/.,
2) N.Ofl°31'S0"E.,1123.83 feet to a found Sib" rebar on the ~titlterly right-of-way
line of Interstate Highway I-84; thence, along said southerly right-of-way line;
3) S.$9°34'29"E.,1327.37 feat to a found 5/8" mbar on the easterly line of ~d SE
U4 of the S`'V U4; thence, along mid easterly line.
4) 5.00°30'Z9"W., 585.98 feet to a fonm15/8° rebar; thence,
S) N.89°40'S7"W., 57$.55 fret to a found Sf8° rEbar; thence,
~ 5.00°25'3a"'~J., 52.66 fret to the FOINT Op' 13EGIIVNIlYG.
CONTA)~TB1TG: 27.17 ate, more or less.
SUBJECT TO: All Covenants, I?;ights, Right-af-~41ay, Eesemeats of Rreard mtd any
Encumbrances.
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Exhibit A- 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
PR0P09~D Y CO~tCIAL CENTER 3UHD1VI3I0N
RE-Z0~i1ING NCH E]Q~IT
A PARCEL OF LAND LOGATED IN THE 8H.1/4 OF THE 3~I1 j4 OF 3ECTi0N 19,
TOWNSffiP 3 NORTH. RAi~TGP 1 WEST, HOISE ~RIDIAN,
CITY OF ~RIDIAN, ADA COUNPY, IDAHO
2008
INTERSTATE I-84 (200' PUHIdC R/~V)
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PHONE; 20B-323-2288 FAX: 248-323-2399
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Exhibit A- 6
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SRC. CORNER.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
5. Comprehensive Plan Future Land Use Map
Exhibit A- 7
a. Future Land Use Map Depicting Current Designation of Industrial
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by
Staff
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City of Meridian makes no representation or warranties,
expressed or implied as to the accuracy, completeness,
timeliness or rights to use this information. City of Meridian
shall not be Gable for inacxxrracies or misuse.
This map is made from data copyrighted by Ada County.
Ada County shall not be liable for inaccuracies or misuse
of this map. Maps bearing this disclaimer may be photocopied
freely. However, use in any digital form requires the written
permission of Ada County.
R-S
I G-G
C-G
R-8
N 0 470 940 1,880 2,820 3,780
Feet
1 inc~t equals 1,178.315476 feet Date:
Exhibit A- 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
B. Agency and Department Comments
1. PLANNING DEPARTMENT
1.1 The rezone legal description prepazed 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 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
shall contact the City Attorney, Bill Nary, at 888-4433 within one yeaz 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, 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. FIRE DEPARTMENT
2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %" outlet face the main street or pazking 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 corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4'/Z" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn azound. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
2.4 All entrance and internal roads and alleys shall have a turning radius 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 mazked 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 pazking. Streets with less than 39' shall have pazking only on one side.
Exhibit B- 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 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 afire-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 connections.
2.12 Buildings over 30' in height are required to have access roads in accordance with The International
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. SANTI'ARY 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 County Highway District Commissioners acts! on MCUP01-0Q9 for Treasure
Valley Technical Center. On July 31, 2007, the Ada County Highway District acted on MPP-07-013 for
Kennedy Commercial Center Subdivision. The conditions and requirements for the two applications
listed above also apply to MCPA-08-005. There are na additional requirements at this time due to the
fact that all street improvements exist. MCUP01-009 references the tavo existing access points on
Overland Road for the Western Electronics Building. Other than the existing driveway, Tech Lane, and
the approved driveway in Kennedy Commercial Center no additional access will be allowed to Ov®rland
Road. Attached for reference is the recent staff report for Kennedy Commercial Center Subd'meion.
• Prior to final approval you will need to submit construction plans to the ACRD
Development Review Department to insure compliance with the conditions Identified above
or for traffic impact fee assessment This b a separate review process that requires direct
plans submittal to the Development R®view staff at the Highway District
• A traffic Impact fee wUl be assessed by ACHD and will be due prior to the Issuance of a
building permit Contact ACRD Planning & Development Serolces at 387-6170 for
Information regarding Impact fees.
Exhibit B- 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 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.
The City Council finds 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.
The City Council finds that the proposal to modify the Future Land Use Map will increase
the ability for innovative design in this highly visible area of the City. The City Council
believes that allowing for commercial 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
Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map.
The City Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis).
The City Council 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 area.
d. The proposed amendment is consistent with the Unified Development Code.
The City Council 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 e~sting and planned surrounding land uses.
The City Council finds that the proposed map amendment will be compatible with existing
and planned commercial uses to the east of the subject property.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council 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 juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The City Council 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,
The City Council finds 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.
Exhibit C- 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008
h. The proposed amendment is in the best interest of the City of Meridian.
The City Council 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 annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone 27.17 acres to C-G. The City Council fmds 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;
The City Council 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. The City Council finds that future development of this property 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;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The rezone is in the best interest of the City.
The City Council finds that the rezone of the subject property from I-L to C-G is in the best
interest of the City.
Exhibit C- Z