HomeMy WebLinkAboutMacha Retail Plaza CPA-09-005 AZ-09-003~c~~n~~Q RF, C~ ~F, T ~ ~,~
OCT 01 2009
CITY OF GC~t o~"--
CITyCLERKS OFF ICE
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIZ IAN,-
~J
In the Matter of the Request to Amend the Comprehensive Plan Future Land Use by
Changing the Land Use Designation on 5.96 Acres of Land, Consisting of 3 Tax Parcels,
from Office to Commercial; and Annexation and Zoning of 3.948 Acres (two parcels) with
a C-C Zoning District, by Armstrong Consulting.
Case No(s). CPA-09-005 & AZ-09-003
For the City Council Hearing Date of: September 22, 2009 (Findings on the October 6,
2009 City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of September 22, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 22, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 22, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 22, 2009, 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 (LC. §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.
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). CPA-09-005 & AZ-U9-003
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 in the
attached Staff Report for the hearing date of September 22, 2009, 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 Annexation as evidenced by having submitted the legal description and
exhibit map stamped and dated June 12, 2008 by Timothy J. Fox, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
September 22, 2009, incorporated by reference.
3. The applicant's request to change the comprehensive plan future land use map
designation on 5.96 acres of land, consisting of 3 tax parcels, from office to commercial
is hereby approved.
D. Attached: Staff Report for the hearing date of September 22, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPA-09-005 & AZ-09-003
-2-
By action f the City Council at its regular meeting held on the ~ day of
2009.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~~
Mayor T
Attest: ` ~~~y OF MER/p~9%
.~oax~TFO ti
Taycee I~lman, City Clerk 81~AL
'~ ~O~
Copy served upon Applicant, Tr~,4~a ep~
'%„~SUNTY ~ ,.
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Attorney.
VOTED
VOTED
VOTED
VOTED
VOTED
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Weerd
Public Works Department and City
By: Dated: ~~-~ - c7~
Cler ' Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPA-09-005 & AZ-09-003
-3-
STAFF REPORT
Hearing Date: September 22, 2009
E IDIAN--
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: CPA-09-005 & AZ-09-003 -Macha Retail Plaza
SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Armstrong Consulting, has applied for an amendment to the Comprehensive Plan
Future Land Use Map (CPA), changing the future land use designation on 5.96 acres of land,
consisting of 3 tax parcels, from office to commercial. The application also includes a request for
annexation and zoning of 3.948 acres (parcels #51117110580 and S1 1 1 71 10500) with a C-C zoning
district. Attached in Exhibit A is a concept plan illustrating the development of all three properties
however the Holloway parcel (Parcel: #S 1 1 1 71 1 0201) is not proposed for annexation.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed applications with the Development Agreement
provisions listed in Exhibit B and based on the Findings listed in Exhibit D of this staff report
with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.2.
NOTE: The Commission is only allowed to recommend amendments to the Comprehensive Plan
Facture Land Use Map every six (6) months. The last amendment to the map recommended by the
Commission was on 2/19/09, which exceeds the minimum six month requirement between that and
the current request. After making a recommendation on the subject application, the Commission will
have to wait at least six months before recommending any additional changes to the Map.
The Meridian Planning & Zoning Commission heard these items on August 20, 2009. At the
public hearing the Commission voted to recommend approval of the subject CPA and AZ
request.
a. Summary of Commission Public Hearing:
i. In favor
ii. In opposition: None
iii. Commenting: Gerry Armstrong
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_ Summary of Citv Council Public Hearin:
i= In favor: Gerry Armstrong
ii. In opposition: None
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 1
Commenting: Jack Sturm
iy. Written testimony: None
~ Staff presenting annlication: Anna Canning
yi, Other staff commenting on annlication: None
~_ ev Issues of Discussion by Council:
1. Council expressed concerns regarding outdoor venues next to the surrounding
residential.
ii. Functionality of the site if a drive -through was proposed
i1i= Approval process for drive-through establishments.
iy. Council discussed height restrictions within the development.
~_ Key Council Changes to Staff/Commission Recommendation
i= The Council modified DA provision # 12 to allow a 35-foot height limitation for the
.(4) buildings abutting the residential on the south.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09-
005 and AZ-09-003, as presented in the staff report for the hearing date of September 22, 2009, with
the following comments: (Add any proposed comments.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers CPA-09-
005 and AZ-09-003 to the hearing date of (insert continued hearing date here) for the following
reason(s): (State specific reason(s) for a continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPA-09-005
and AZ-09-003, as presented during the hearing on September 22, 2009, for the following reasons:
(State specific reasons for denial of the subject CPA application.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property for the CPA request is located at 2805and 2975 E. Franklin Road in the
northeast'/ of Section 17, Township 3 North, Range 1 East (Tax Parcels: # 51117110580;
S1117110500;51117110201)
The subject property for the AZ request is located at 2805 W. Franklin Road in the northeast `/ of
Section 17, Township 3 North, Range 1 East (Tax Parcel: # S 1117110580 and S 1117110500)
B. Owners of the Property:
Matthew Macha, 11660 W. Cartwright Road, Boise, ID 83714 (Parcel: #S1117110580 and
51117110500)
Jerald Holloway, 23240 Graphic Lane, Wilder, ID 83676 (Parcel: #SI 117110201)
C. Applicant/Representative:
Gerry Armstrong, 4813 Lake Front Place, Boise, ID 83714 (208)954-1972
D. Applicant's Statement/Justification: See applicant's narrative_for this information.
V. PROCESS FACTS
A. The subject applications are for a Comprehensive Plan Map Amendment and Annexation per City
Ordinance, a public hearing is required before the Planning & Zoning Commission and City
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 2
Council consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 3, and 17, 2009 (Commission); August 31 and
September 14, 2009 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 23, 2009 (Commission); August 28,
2009 (City Council)
D. A public service announcement was broadcast faxed on July 23, 2009 regarding this application
(Commission); September 28, 2009 (City Council)
E. Applicant posted notice on site by: August 10, 2009 (Commission); September 11, 2009 (City
Council
VI. LAND USE
A. Existing Land Use(s): The Macha parcels contain a single family home, associated out buildings
and vacant land. The Holloway parcel contains a single family home which has been converted to
an office.
B. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The area
surrounding the properties subject to the CPA request consists of unincorporated residential,
professional office complex and undeveloped commercial properties.
1. North: County Residences and Undeveloped Commercial Properties; zoned RUT (Ada
County) and C-G
2. East: County Residences and Office Complex; zoned R2 (Ada County) and L-O
3. South: County Residences; zoned R2 (Ada County)
4. West: County Residences; zoned R1 (Ada County)
C. History of Previous Actions: None
D. Utilities:
1. Public Works
Location of sewer: Sewer is stubbed to each parcel from E Franklin Road
Location of water: Water is stubbed to each parcel from E Franklin Road
E. Physical Features:
1. Canals/Ditches Irrigation: The Snyder Lateral transverses the Holloway property (Parcel:
#S ll 17ll 0201).
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Floodplain: The subject property does not lie within the floodway or floodplain.
F. Access: The conceptual development plan submitted with this application shows two driveway
accesses to Franklin Road.
VII. COMPREHENSIVE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The subject properties are currently designated "Office" on the Comprehensive Plan Future Land Use
Map. The applicant is requesting a map amendment to "Commercial" for the subject properties. The
request is intended to tie in with the commercial designation located on the north side of Franklin
Road. The mix of retail, office, daycare, out-patient surgery clinic, restaurants and coffee shops are
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 3
intended to complement the surrounding residential, commercial and medical facility servicing this
area of Meridian.
Because the properties are adjacent to E. Franklin Road, a major arterial, staff believes redeveloping
the area with a mix of office, retail and service uses is appropriate. Since the subject properties abut
residential, a development agreement will be required to respect that relationship through appropriate
scaled buildings and landscape buffers.
The Commercial designation is intended to provide a full range of commercial and retail to serve area
residents and visitors. The 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 C-C zoning district proposed for the Macha property is
consistent with the proposed Commercial designation of this property.
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):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed' to be annexed in the. following manner:
Sanitary sewer and water service will be extended to the property at the applicant's
expense.
- The subject land currently lies within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject land currently lies within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
- The subject land is currently serviced by the Meridian School District No. 2. This service
will not change.
- The subject land is currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of
the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 (page 113) Protect existing residential properties
from incompatible land use development on adjacent parcels.
The map amendment proposes to designate the subject properties from office to commercial. The
applicant is proposing to develop the site with a mix of commercial uses. The UDC reguires 2S-
foot landscape buffers adjacent to residential property. In addition the applicant is proposing to
construct an 8-foot concrete masonry unit (CMU) block wall along a portion of the western
property boundary and along the entire southern boundary. Further, staff is requiring a DA
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 4
provision to limit the height of the buildings adjacent to the southern boundary to ensure
compatibility with the surrounding residences.
• Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or
industrial developments only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City.
Only two of the subject parcels are proposing annexation at this time. This property is
contiguous to the City and sanitary sewer and water are readily available to the site.
Chapter VII, Goal I, Objective B, Action 5 (page 109) Locate new community commercial
areas on arterials or collectors near residential areas in such a way as to complement with
adjoining residential areas.
Staff believes a mix of commercial uses on these properties, adjacent to a major arterial street
(Franklin Road), will complement nearby residential areas and provide needed sen~ices in this
area of the city. The intent is to provide services that will complement the surrounding
residential, commercial and medical facility in the area.
• Chapter VI, Goal II, Objective A, Action 12 (page 85) Develop methods, such as cross-access
agreements, frontage roads, to reduce the number of existing access points onto arterial streets.
With the development of this site, staff is recommending the applicant provide cross-access to the
properties to the east and west to reduce the number o_f access points onto Franklin Road, an
arterial street.
Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes that the proposed future land use designation of commercial is appropriate for
these properties as they lie adjacent to Franklin Road, a major arterial street. Currently the north
side of Franklin Road has a commercial land use designation. Further, the subject property is
currently designated as office which allows for an L-O zone which is a commercial zoning
district. Staff believes the change in designation allows for a greater flexibility of uses to
complement the surrounding area.
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. The applicant has submitted a concept plan
depicting how this site may develop with a mix of commercial uses. The City has adopted a
Design Manual to ensure cohesive design and compatibility with surrounding uses in the area.
Through the guidelines in the design manual and the requirements of the Unified Development
Code, staff believes this area could develop as an orderly and attractive development.
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
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 5
services. Staff believes that all necessary services are currently available to the subject site and
will 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 future commercial use, Staff finds that this element is not
applicable to the subject application.
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. It is the applicant's intent to develop an out patient surgical center on the site
and develop the remainder with support service and retail uses. Staff believes the diversity of uses
for this site may create additional employment options for the community.
e. Public Services, Facilities, and Utilities
City water and sewer service is currently provided to the subject properties. Public services are
provided to the properties already within the city; public services such as police and fire
protection will be provided to the property proposed upon annexation.
£ 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. The applicant is proposing a commercial development
on the site. 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. The submitted concept plan depicts two full access points to Franklin Road. Currently there
are no stub streets to this property. Because the applicant is proposing to annex the Macha
properties one access is feasible for the subject site. However the future access for the Holloway
property will be reviewed at a later date when annexation is proposed. It may be feasible for that
property to share access with the existing office complex located on the corner of Franklin Road
and Eagle Road.
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.
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.
Mad~a Retail Plaza CPA-09-005 & AZ-09-003 PAGE 6
k. Recreation
Recreation resources within Meridian include eighteen developed City parks totaling
approximately 188 acres. While the City is in process of developing new park facilities; this site
is not formally designated for recreational purposes.
1. Land Use
The policies of this element are presented in Chapter VII of the Comprehensive Plan and 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 and zoning within the immediate area and access to an
arterial street justifies 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 administers the
Comprehensive Plan and its policies, under the direction of the Meridian City Council. The
Planning & Zoning Commission is authorized by the Council to review, approve and make
recommendations on proposals affecting the public's interest inland 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
requested Comprehensive Plan Land Use Map change would not violate any private property
rights.
VIII. UNIFIED DEVELOPMENT CODE
If the CPA to Commercial is approved, the requested annexation and zoning to C-C for the Macha
property would comply with the land use designation of the property. The Holloway property mill
remain zoned R2 in Ada Coz~nry until annexation is proposed.
a. Purpose Statement of Zone (UDC 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.
b. 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-C district. Staff is
recommending prohibiting a number of i~~ses on the site (refer to the DA provisions in. Exhibit B).
c. Dimensional Standards: Development of the site proposed to be zoned C-C shall comply with the
dimensional standards of the C-C district listed in UDC Table 11-2B-3.
d. Landscaping:
1. Width of street buffer(s): A 35-foot wide landscape buffer will be required adjacent to
Franklin Road, designated an entryway corridor, in compliance with the standards listed in
UDC 11-3B-7C.
2. Width of buffer(s) between land uses: A 25-foot wide landscape buffer will be required
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 7
adjacent to residential uses upon development of this site, in compliance with the standards
listed in UDC 11-3B-9C.
3. Percentage of site as open space: NA
4. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
5. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement.
IX. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
CPA and AZ Applications:
The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map
designation on 5.96 acres (three parcels) of land from "Office" to "Commercial." The application
also includes a request for annexation and zoning of 3.948 acres (Macha (2) parcels) with a C-C
zoning district. It is important to note the Holloway property is not part of the subject annexation
request. However, the applicant has included the parcel as part of the conceptual site plan. Staff
has based the AZ analysis only on the property proposed for annexatzora. With a future
development application for the Holloway property, staff recommends the property develop in a
similar fashion as the Macha property to ensure a cohesive design between the properties.
The applicant has submitted a conceptual development plan, attached in Exhibit A.3, showing
how the property proposing annexation is anticipated to develop with a mix of commercial uses.
The applicant is proposing to develop the site with approximately 64,000 square feet of office,
retail and service uses.
The submitted site plan depicts 10 buildings ranging in various sizes. All of the proposed parking
is internal to the development and the site is limited to one access point which is highlighted with
a parkway into the future development. The applicant is also depicting a mix of amenities
including walking paths and hardscape plaza areas including water features. Staff is supportive of
the proposed site design and believes the applicant has done a nice job providing a pedestrian
scale to the development. Staff is recommending a DA provision to include the consistency with
the concept plan and incorporate the site amenities, as proposed.
Further the property is surrounded by residential development, therefore staff is also
recommending DA provisions that limit certain uses on the property and limit the height of
those building located along the southern boundary to ensure an appropriate building mass
next to the residential homes (Refer to Exhibit B for more specifics).
The annexation legal description prepared by Timothy J. Fox, PLS, dated 6/12/09 and submitted
with the application, is accurate and meets the requirements of the City of Meridian and State Tax
Commission.
Fencing: The submitted concept plan depicts an 8-foot concrete masonry unit (CMU) wall
adjacent to the southern boundary extending approximately 120 feet along the western
boundary. The applicant indicates the home owners to south had expressed some concern
regarding the proposal and the applicant has agreed to construct the wall to mitigate the
concerns of the neighbors. Staff is recommending a DA provision that the applicant construct
the CMU wall as agreed upon by the owner of this property and home owners to the south. A
decorative CMU wall detail shall be incorporated on the landscape plans submitted with the CZC
application. It is important to note the CMU wall will terminate along the Macha property on
the southern boundary acrd not the Holloway properly.
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 8
Access/Cross-Access: The submitted concept plan shows to two full access points to Franklin
Road, an arterial street. The full access point depicted for the Macha property is being evaluated
with the subject annexation request. However, the Holloway property has not requested
annexation and future access points and interconnectivity will be addressed with a future
development application.
UDC 11-3A-3 restricts access to arterial streets if a local street is available. The adjoining
properties have not provided any stub streets to the Macha property to facilitate local street
access. Further, the UDC states if a local street access in not available the owner of the property is
required to grant cross access to the adjoining property owners.
There are existing residential homes on the west and south boundaries of this property. The
concept plan submitted with the annexation request depicts cross access with the Holloway
property. Staff believes there is a possibility the residential to the west may redevelop in the
future and is recommending cross access adjacent to the western and eastern boundary for
future connectivity.
Parking: The applicant is proposing to develop the site with a total of 64,000 square feet of
commercial uses. UDC 11-3C-6B requires 1 space per 500 square feet of commercial uses,
thus the site shall provide a minimum of 128 parking spaces based on the applicants
proposal. The submitted concept plan depicts 119 stalls, which is a nine stall deficiency.
However, the actual parking requirements for the site will be determined once specific plans
are submitted to the Planning Department for review.
Landscaping: A 35-foot wide street buffer is required adjacent to Franklin Road; designated an
entryway corridor. A 25-foot wide buffer to residential uses is required along the western and
southern property boundary. The submitted concept plan depicts a 20-foot wide landscape buffer
adjacent to the residential boundaries. The applicant is required by code to provide a 25-foot wide
landscape buffer. Said buffers and parking lot landscaping will be reviewed and approved with
Certificate of Zoning Compliance and Design Review submittals.
Building Elevations: The applicant has submitted a conceptual drawing, attached in Exhibit A.3,
depicting the design of future buildings on this site. No building materials are depicted on the
drawing. Staff is not recommending future buildings to be constructed as shown, however future
buildings and site design shall be subject Administrative Design Review and comply with the
guidelines in the Meridian Design Manual.
Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the
City that may require some written commitment for all future uses. Staff believes that a DA is
necessary to ensure that this property is developed in a fashion that is consistent with the
comprehensive plan and does not negatively impact nearby properties. If the Commission
or Council feel that additional development agreement provisions are necessary, staff
recommends a clear outline of the commitments of the developer being required. Please see
Exhibit B for a list of DA provisions applicable to this site.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Future Land Use Maps (Existing and Future)
3. Conceptual Development Plan and Elevation
B. Agency and Department Comments
C. Legal Description & Exhibit Map
D. Required Findings from the Unified Development Code
Macha Retail Plaza CPA-09-005 & AZ-09-003 PAGE 9
A. Drawings
1. Vicinity/Zoning Maps
Exhibit A - 1 -
Exhibit A - 2 -
2. Future Land Use Map (Existing & Future)
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Exhibit A - 4 -
3. Conceptual Development Plan
Exhibit A - 5 -
br x-~N6' - Zoe{
B. Agency and Department Comments
On July 30, 2009, Planning Staff held an agency comments meeting to review the application. The
agencies and departments present included: Meridian Fire Department, Meridian Public Works
Department and Meridian Parks Department. Staff has included all comments and recommended
actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The annexation legal description prepared by Timothy J. Fox, PLS, dated 6/12/09 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) is required as part of the annexation of the Macha property as
described in Exhibit C of the staff report. Prior to the annexation ordinance approval, a DA shall
be entered into between the City of Meridian and the property owner(s) at the time of annexation
ordinance adoption. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 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, at
minimum, incorporate the following provisions:
1. Future development of this site shall substantially comply with the conceptual development plan
included in Exhibit A.3 including the interconnected walking paths, hardscape plaza areas
including water features and an entrance parkway as proposed.
2. Certificate of Zoning Compliance and Administrative Design Review applications are required
to be submitted to the Planning Department for approval of all future buildings/uses on the
site, prior to issuance of building permits.
3. Direct access to E. Franklin Road is limited to the access shown on the conceptual
development plan approved with this application. Cross-access shall be provided to the
property to the west (parcel #S1 1 1 71 20630) and the property to the east (parcel
#S 1117110201) for future interconnectivity. Arecorded copy of the cross-access
agreement(s) shall be provided with the Certificate of Zoning Compliance application.
4. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources Contact Robert B. Whitney at (208)334-2190.
5. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance
approval. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
6. The developer/owner shall provide a master address kiosk at the entrance of the development
containing a directory map and addresses of the buildings within the development. Said
signage and any additional requirements (i.e. addressing, maps, number and letter sizes) shall
be done through coordination with the Meridian Fire Department.
7. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district
listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales
facility, minor vehicle repair, vehicle washing facility, wireless communication facility and
vehicle sales and rentals.
Exhibit B
8. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
9. The developer/owner shall be responsible for all costs associated with sewer and water
service installation.
10. The developer/owner shall construct an 8-foot decorative CMU wall adjacent to the southern
property boundary and terminate on the western property boundary at the northeast corner of
the Yoder Property (Parcel #R3273150110).
11. The developer/owner shall construct a 35-foot wide street buffer adjacent to Franklin Road
and a 25-foot landscape buffer adjacent to the west and southern property boundary in
accordance with UDC 11-3B-7 and UDC 11-3B-9.
12. The four buildings along the southern property boundary shall not exceed ~a ~~_~-~i~ 35 feet
in height to maintain compatibility with the adjacent residential properties.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in e Franklin
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in E Franklin Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The conunon lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer.
Exhibit B - 2 -
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandomnent procedures and
inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.19 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
Exhibit B - 3 -
3. FIRE DEPARTMENT
3.1 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.
3.2 Final 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 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 finished grade to the center of the 4 %i" 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.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 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.
3.6 Maintain a separation of 5' from the building to the dumpster enclosure.
3.7 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.
3.8 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.
3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.10 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.12 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
Exhibit B - 4 -
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.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
6.2 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough
enclosures to meet waste generation points and volumes that may be generated by the proposed
development. Please contact Doug Mason at SSC (888-3999) to discuss this matter prior to
issuance of the certificate of zoning compliance.
6.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius.
7. ADA COUNTY HIGHWAY DISTRICT
This application is for comprehensive plan amendment, annexation and rezone only. Listed
below are some of the site specific conditions that the District may identify when it reviews a
future development application. The District may add additional site specific requirements
when it reviews a specific redevelopment application.
7.1 Site Specific Conditions of Approval
7.1.1 Construct any driveways approved with subsequent development applications as curb return
driveways, each no wider than 36-feet and paved its full width at least 30-feet into the site.
7.1.2 Replace the existing curb cuts on Franklin Road with vertical curb, gutter, and sidewalk to match
existing improvements.
7.1.3 Enter into a license agreement for any landscaping located with ACHD right-of--way abutting the
site.
7.1.4 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
Exhibit B - 5 -
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the teens and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B - 6 -
C. Legal Description & Exhibit Map
/~O-X L,~nd surveys, Inc.
1515 South Shoshone St.:~ Boise, tdaho -~ 83705 1 208-342-7957 ~ 208-342-7437 FAX
ANNEXATION DESCRIPTION
A PORTION OF THE NORTHEAST'/s OF THE NORTHEAST Ya OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
A Partian of The Northeast '/, of the Northeast '/, of Section 17, Township 3 North,
Range 1 east, Baise Meridian, Ada County, Idaho, more particularly described as
follows;
COMMENCING at a found Brass Cap Monument marking the northeast corner of Section
17. from which a found Brass Cap Monument marking the North'/, Corner thereof bears
North 89°54'37" West, a distance of 2570.96 feet;
A. Thence along the northerly boundary of Section 17 (also the center line of East
Franklin Road) North 89°54'37"' West, a distance of 870.54 feet to its intersection
with the northerly projection of the common boundary of properties described in
Warranty Deed Instrument number 100070395 and Warranty Deed Instrurne"~i `
number 104031045, the TRUE POINT OF BEGINNING;
1. thence along said projection and boundary, South 00°01'58" West, a
distance of 422.72 feet to a found 5/8 inch rebar with plastic cap stamped
"PLS 7729" marking its intersection with the northerly boundary of
Greenhill Estates No. 3;
2. thence along said northerly boundary, North 87°41'59" West, a distance of
414.98 feet to a found 5!8 inch rebar with illegible cap (replaced with a
plastic cap stamped "FESI PLS 7612") marking its intersection with the ~
easterly boundary of Greenhill Estates No. 2; '~., .
3. thence along said boundary and the common boundary of properties
described in Warranty Deed Instrument Number 7818788 and Warranty
Deed Instrument number 104031045, North 00°00'56" East, a distance of
406.71 feet to its intersection with the northerly boundary of Section 17
(also the center line of East Franklin Road);
4. tt~~r~,ce along said boundary and center tine. South 89'54'37" East, a
~;sir~I~c~ of 414.78 feet to the TRUE POINT OF BEGINNING.
Exhibit C
Containing 171,987 square feet (3.948 acres) more or less.
Refer to the attached sketch titled "ANNEXATION EXHIBIT 'B"'.
Any modification of this description shall render it void.
Fox Land Surveys, Inc.
Timothy J. Fox, President. PLS 7612
END OF DESCRIPTION
REVie `-~ O~
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Exhibit C - 2 -
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EXn;r;c c - 3 -
D. 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 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 Council finds the proposed land use change will provide an improved guide to future
growth and development in this area of the city.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
The Commission believes sufficient provisions have been made to accommodate future
commercial development in this area.
d. The proposed amendment is consistent with the Unified Development Code.
The Council finds that the proposed amendment is generally consistent with the Unified
Development Code. Staff will ensure full compliance with the UDC and other city design
and development criteria, as development is proposed.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Council finds that the future commercial uses on these properties will be compatible
with surrounding (existing and future) uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city.
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 Council finds that the proposed map amendment to commercial will allow for a tnix of
uses on the site that will be compatible with the existing and future commercial and
residential uses in the area.
h. The proposed amendment is in the best interest of the City of Meridian.
The Council finds that the proposed amendment is in the best interest of the City.
Exhibit D
2. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
A. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to annex and zone the subject property with a C-C zoning
district. If the applicant complies with the DA provisions, the Council finds that the
proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan for the proposed commercial designation. Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report.
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council finds that the anticipated use of the property for a mix of service, office and
retail uses is consistent with the requested C-C zoning district and proposed future land
use map designation of commercial for this property.
C. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if approved. Staff recommends that the Commission and
Council rely on any oral or written testimony that may be provided when determining this
finding.
D. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The 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 annexation is in the best of interest of the City (UDC ll-SB-3.E).
The Council finds that Annexation and Zoning of this property to a C-C zoning district is
in the best interest of the City if a development agreement is entered into between the
City and the property owner.
Exhibit D - 2 -