Staff Report / PZ RecommendationsSTAFF REPORT Hearing Date: Apri127, 2010
E IDIAN~
TO: Mayor & City Council I D A H O
FROM: Sonya Waters, Associate City Planner
208-884-5533
SUBJECT: CPA-09-010; AZ-09-010; RZ-09-006 - SouthRidge West Commercial
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Cabra Creek, LLC, has applied for an amendment to the Comprehensive Plan Future
Land Use Map (CPA) to change the land use designation on 60.74 acres of land from Medium High
Density Residential, Medium Density Residential, Green Space & Park Land, and Mixed Use
Commercial to Mixed Employment.
The applicant also requests Annexation and Zoning (AZ) approval of 5.63 acres of land from the
RUT district in Ada County to the M-E (Mixed Employment) district in the City.
Lastly, a Rezone (RZ) is requested of 9.33 acres of land from the R-8 (Medium Density Residential)
zoning district to the C-C (Community Business) zoning district. See Section 10 of the staff report
for more information.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPA, AZ, & RZ applications with the conditions and
Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on March 4. and 18.2010. At
the public hearing on the 18"'they moved to recommend approval of the subiect CPA, AZ, and
RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Van Elg
ii. In opposition: None
iii. Commenting: Janet Puga; Scott Nichols; Scott Gruba; Liz Turco
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s) of Discussion by Commission:
i. Development of property adiacent to the Northwest pipeline and any applicable
restrictions•
ii. Direct access to Ten Mile Road for the property proposed to be rezoned;
iii. Whether or not drive-thru establishments are consistent with uses desired in Mixed
Employment designated areas and if so. should CUP approval be required.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission voted to recommend removal of the Development Agreement
provision recommended by staff prohibiting access to Ten Mile Road in order to give
the developer an opportunity to demonstrate how it could work for further
consideration (see DA provision #h).
SouthRidge CPA AZ RZ PAGE 1
d. Outstanding Issue(s) for City Council:
i. Council should determine if direct access to Ten Mile Road, an arterial street, should be
allowed, as requested by the applicant. UDC (11-3A-3) requires access to be taken from
a local street where available; Staff determines the driveway off Overland Road into the
site that stubs to the north boundary of the proposed C-C district (shown on the site
plan) serves as a local street. However, Council may waive this standard and allow
access to Ten Mile if deemed appropriate. If Council votes to allow the access to Ten
Mile as proposed by the applicant, DA provision #h should be modified accordingly.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09-
O 10, AZ-09-010, & RZ-09-006, as presented in the staff report for the hearing date of Apri127, 2010
with the following modifications: (Add any proposed modifications.)
.Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPA-09-
010, AZ-09-010, & RZ-09-006, as presented during the hearing on April 27, 2010 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers CPA-09-010, AZ-09-010, & RZ-09-006, to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northeast corner of S. Ten Mile Road and W. Overland Road, in the
northwest % of Section 23, Township 3 North, Range 1 West.
B. Owner(s):
Cabra Creek, LLC
2228 W. Piazza Street
Meridian, ID 83646
C. Applicant:
Same as owner
D. Representative:
Van Elg, The Land Group, Inc.
462 E. Shore, Ste. 100
Eagle, ID 83616
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an amendment to the comprehensive plan future land use map,
annexation & zoning, and a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on these matters, consistent with Meridian City Code Title 11,
SouthRidge CPA AZ RZ PAGE 2
Chapter 5.
B. Newspaper notifications published on: February 15, and March 1, 2010 (Commission); Apri15,
and 19, 2010 (City Council)
C. Radius notices mailed to properties within 300 feet on: February 11, 2010 (Commission); Apri12,
2010 (City Council)
D. Applicant posted notice on site by: March 8, 2010 (Commission); April 16, 2010 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property has not yet been developed and is
currently vacant. The property is currently zoned L-O, TN-R, and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant undeveloped land, zoned M-E; and rural residential property, zoned RUT in
Ada County
2. East: Vacant undeveloped property, zoned TN-R, and R-8
South: Vacant undeveloped property, zoned R-4 and R-8
4. West: Rural residential properties, zoned R1 and RUT in Ada County
C. History of Previous Actions:
• The majority of the subject property was annexed (AZ-06-031) in 2007 as part of the larger
Southridge development. A preliminary plat (PP-06-031) that included the majority of the
subject property was approved concurrent with the annexation.
• A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10
original parcels of record that were of record in the Ada County recorder's office prior to
Apri12, 1984. The boundaries of these parcels were adjusted so that the parcels that were
consistent with the master concept plan and development agreement could move forward
without platting.
• A request for a development agreement modification (MDA-08-004) was approved by
Council in 2008; however, the DA has not yet been signed by the owner or approved by
Council.
• A final plat (FP-08-017) for the first phase of development was approved in 2008 but has not
yet been recorded.
• An 18 month time extension (TE-09-009) was approved on February 23, 2009 to obtain the
City Engineer's signature on the final plat, to expire on August 6, 2010.
• The 6.16 acre portion of the subject property previously owned by the Hodges' was annexed
(AZ-09-009) in 2009.
D. Utilities:
1. Public Works:
a. Location of sewer: Temporary dry lines are to be installed with no building permits until
sanitary restrictions are lifted.
b. Location of water: W Overland Road.
SouthRidge CPA AZ RZ PAGE 3
c. Issues or concerns: Timing of the installation for the required booster station and
connection to sewer.
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Floodplain: This site is not within the floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site (60.74 acres) lies within the area encompassed by the Ten Mile Interchange Specific Area
Plan (TMISAP) and is currently designated for Medium High Density Residential (MHDR), Medium
Density Residential (MDR), Green Space & Park Land (PARK), and Mixed Use Commercial (MUC)
land uses on the Future Land Use Map. The applicant is proposing to change the land use designation
of the entire site to Mixed Employment (ME). However, no development is proposed with this
application.
Per the TMISAP (page 3-11), "The purpose of ME areas is to encourage a diversity of compatible
land uses that may include a mixture of office, research and specialized employment areas, light
industrial including manufacturing and assembly, and other miscellaneous uses. These areas
generally do not include retail and consumer service uses serving the wider community.
However, a small amount of retail and service establishments, primarily serving employees and
users of the ME areas or nearby industrial areas, are allowed.
ME areas should provide a variety of flexible sites for small, local or start-up businesses, as well
as sites for large national or regional enterprises. ME areas should be designed to encourage
multimodal travel and convenient circulation to supporting uses located within the area. This
would include multiple access points to help disperse traffic, and a complete system of streets,
sidewalks, and pedestrian and bicycle paths to provide circulation within the area and
connections to the surrounding roadway, pedestrian and trail systems.
ME areas should be designed as lower density suburban-style developments. Design and
development standards are recommended that would help to make developments more
attractive, engaging, and accessible places.
While there are no fixed limits on size of establishment or development intensity in ME areas, it
is anticipated that buildings will range in height from 1-4 stories, have total floor areas of
10,000-1,000,000 square feet, and that FAR will exceed .75."
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to be annexed
and rezoned in the following manner:
- Sanitary sewer and water service will be extended to the site at the developer's expense.
- The subject lands either currently lie within the jurisdiction of the Meridian Fire Department
or will lie within the Meridian Fire Department's jurisdiction upon annexation.
- The subject lands either currently lie within the jurisdiction of the Meridian Police
Department or will lie within the Meridian Police Department's jurisdiction upon
annexation.
SouthRidge CPA AZ RZ PAGE 4
- 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 lands are currently serviced by the Meridian School District No. 2. This service
will not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
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 V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping will be required to be installed
upon development of the property in accord with the standards listed in UDC 11-3B.
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors
and arterial streets.
Direct access to this property from Ten Mile Road is prohibited and access to Overland Road is
restricted per the provisions of the existing development agreement (DA). Staff is recommending
as a provision of the subject DA for the rezone that direct access to Ten Mile is prohibited and
access to Overland be restricted to one driveway as shown on the conceptual development plan.
• Chapter VII, Goal I, Objective E -Establish industrial areas to meet the employment needs of the
City of Meridian.
The applicant is requesting an amendment to the future land use map designation of the subject
property to Mixed Employment (ME). As stated above, ME areas encourage a diversity of
compatible land uses including light industrial uses. Adding more industrial property should
contribute to employment opportunities available within the City.
• Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated
entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on
the site adjacent to the roadway.
A section of Ten Mile Road adjacent to the northern portion of this site is designated as an
entryway corridor. As such, a 35 foot wide landscape buffer is required upon development of the
site.
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,
SouthRidge CPA AZ RZ PAGE 5
the City should encourage the clustering of commercial development at or near existing arterials
and collector roads and require landscaping of new development to provide beautification. All
future construction on the subject site will require approval of a Certificates of Zoning
Compliance and Design Review prior to construction. Staff will ensure that future development
on this site complies with any and all applicable design and landscaping standards, as provided
for through the Unified Development Code and Design Manual.
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 or can be available at the
time of development of the subject 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 mixed employment type uses, 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 Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City. As a specific measure to promote economic development, the City developed the ME
land use designation, which encourages a variety of compatible employment opportunities.
e. Public Services, Facilities, and Utilities
City water and sewer service will be available to the subject property at the time of development..
Public services such as police and fire protection are currently provided to the portion of the
subject property already in the City.
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. 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 TMISAP also contains a transportation element that identifies a preferred
arteriaUcollector network throughout the planning area. That element depicts the realignment
of Overland Road further to the south (at the south boundary of the subject property) as
an arterial street. This realignment has been completed and is currently in service. Staff is
of the opinion that the proposed plan amendment is consistent with the plan.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that the proposed commercial and industrial use of this
property will degrade any sensitive environmental features in this area.
i. Special Areas
SouthRidge CPA AZ RZ PAGE 6
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.
k. Recreation
Recreation resources within Meridian include 17 developed City parks totaling approximately
191.58 acres. Two new park facilities totaling approximately 67.5 acres are currently in the
design process. The City also maintains several pathways. A segment of the City's multi-use
pathway system ~is designated on the City's Master Pathways Plan along the west boundary of the
site adjacent to Ten Mile Road.
1. Land Use
The policies of this element are presented in the text of the Comprehensive Plan. The TMSAP is
an element of the Comprehensive Plan and the Future Land Use 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 development decisions including requests for land use changes. Staff believes the
commercial and industrial use and zoning of this site, along with its location adjacent to two
arterial streets, makes this property appropriate for commercial and industrial uses, thus justifying
the request for the land use changes.
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
requested Comprehensive Plan Land Use Map change would not violate private property rights.
A neighborhood meeting was held on November 25, 2009, and again on February 25, 2010, of
which a total of three neighbors attended.
In summary, staff finds that the proposed zoning change to M-E and C-C is consistent with proposed
ME land use designation and generally conforms to the stated purpose, intent, and standards of the
ME land use category within the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone(s):
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accord with the Meridian Comprehensive Plan. Four districts are designated which
differ in the size and scale of commercial structures accommodated in the district, the scale and
SouthRidge CPA AZ RZ PAGE 7
mix of allowed commercial uses, and the location of the district proximity to streets and
highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted,
accessory, and conditional uses in the C-C and M-E zoning districts. No specific uses are
proposed with this application.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C and
M-E districts apply to development of this site.
D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application.
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Parking: Parking is not required with this application.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Comprehensive Plan Amendment Application:
The applicant requests an amendment to the Comprehensive Plan future land use map to
change the land use designation on 60.74 acres of land from Medium High Density
Residential (MHDR), Medium Density Residential (MDR), Green Space & Park Land
(PARK), and Mixed Use Commercial (MUC) to Mixed Employment (ME). Please see
Section VII above for the Comprehensive Plan policies, goals, and analysis related to this
application.
Because there is ME designated property to the north of the subject property, and because the
topography of the land in this area has changed so that there is no longer a separation
elevation-wise between these properties, staff feels expanding the boundary of the ME
designation further to the south in this area is a logical request. Additionally, Overland Road
abuts the site along the east boundary, and Ten Mile Road abuts the site along the west
boundary, which will provide a buffer to existing and future adjacent residential uses.
Staff supports the removal of the Park designation as the reason it was designated as such was
not because the City believed it would make a good park site, but because of the significant
grade of the property resulting in an unbuildable area. Additionally, a portion of the City's
multi-use pathway system was originally planned to run along the Ridenbaugh Canal on this
site but was re-routed to the south side of Overland so that the pathway could cross Ten Mile
Road at a signalized intersection.
The MHDR and MDR areas were also designated as such because of the lower grade of the
land in this area from the ME designated property to the north. Previously, there was more of
elevation separation between the ME area and the residential area. The area as a whole has
since been regraded and seems more suitable for non-residentiaUnon-park land uses and the
extension of ME uses.
Staff is of the opinion that the portion of the site southwest of the pipeline currently
designated as MUC on the future land use map is not feasible to develop as such because of
the mix of uses desired in MUC areas. The close proximity of the Williams Pipeline to an
area planned for residential uses is a strong influence for the proposed change to ME, which
SouthRidge CPA AZ RZ PAGE 8
would not require a residential component. Without a residential component, there is not an
adequate mix of uses for an MUC designated area.
For the reasons stated above, Staff is supportive of the requested map amendment to ME and
believes the diversity in the types of businesses encouraged within ME areas will increase the
amount of employment opportunities available within the City.
Note: The Northwest Gas Pipeline is a natural gas pipeline that serves as a primary artery
for the transmission of natural gas to the Pacific Northwest and Intermountain Region. An
approximate 1,100 foot long section of the pipeline bisects this site near the southwest
corner. All development shall comply with the Northwest Gas Pipeline Development
Guidelines. An encroachment permit is required for any development/improvements within
the pipeline easement.
2. Annexation Application:
The applicant proposes to annex 5.63 acres of land with an M-E zoning designation,
consistent with the concurrent proposed amendment to the future land use map to change the
land use designation to ME for this site and the adjacent area to the east and south.
The applicant has not submitted a conceptual development plan for this property. Due to the
size & configuration of the property, staff does not anticipate the piece will develop by itself;
therefore, staff is not requiring a development plan to be submitted at this time.
Staff anticipates that when the larger surrounding area is rezoned consistent with the
proposed change to the future land use map, a development plan will be submitted to include
the subject annexation area. Staff anticipates this area will be included in a future DA when
the adjacent area proposed solely for the map amendment (north of the pipeline) is proposed
to be rezoned. Staff is supportive of the annexation request with an M-E zoning district as it
is consistent with the proposed land use change to the future land use map of ME.
3. Rezone Application:
The applicant proposes to rezone 9.33 acres of land from the R-8 district to the C-C district,
consistent with the concurrent proposed amendment to the future land use map to change the
land use designation to ME for this site and the adjacent area to the north and east.
The applicant has submitted a conceptual development plan (included as Exhibit A.3)
showing how this site may develop in the future with a convenience store/gas station, retail,
and two quick service restaurants. A 75-foot wide easement for the Northwest Pipeline is also
shown on the plan; common area with a pathway is planned for this area. Drive-thru service
windows are proposed for the c-store and both restaurants. Per the TMISAP, convenience
retail is permitted in the C-C zoning district under the ME land use designation. Small
amounts of retail and service establishments, primarily serving employees and users of the
ME areas or nearby industrial areas are allowed.
Staff believes the proposed uses on the site will primarily serve employees and users of the
ME area and are compatible with the ME designation. However, staff does not believe the
proposed drive-thru's are consistent with the objectives of ME designated areas as they will
primarily serve the motoring public, rather than employees and users of the immediate area
within walking distance as desired in ME designated areas. Therefore, staff is including a
DA provision that prohibits drive-thru's on the site.
The concept plan depicts aright-in/right-out access on the west boundary of the site via Ten
Mile Road. The current DA prohibits access to Ten Mile Road. ACHD is not supportive of
SouthRidge CPA AZ RZ PAGE 9
the proposed access to Ten Mile Road. Therefore, Staff recommends the new DA also
prohibit access to Ten Mile Road.
The subject site currently is included in the Development Agreement for the larger
Southridge development. Subsequent to annexation, this property has been sold and is under
new ownership. For this reason, staff is recommending the current owner enter into a new
DA with the City separating it from the Southridge Development Agreement. Upon rezone
of the remainder of the property included in the CPA request, the remaining area should
also be included in the subject DA.
To ensure the property is developed in a manor consistent with the comprehensive plan and
does not negatively impact nearby adjacent properties, staff is recommending the applicant
enter into a Development Agreement (DA) with the City that requires a written
commitment for all future uses, in accord with UDC 11-SB-3D2 and Idaho Code § 65-
6711A. If the Commission or Council feel that additional 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. Comprehensive Plan Future Land Use Map -Adopted & Proposed Land Use Designations
3. Conceptual Development Plan for Property Proposed to be Zoned C-C
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
SouthRidge CPA AZ RZ PAGE 10
Exhibit A.1 -Vicinity/Zoning Map
Exhibit A.2 -Comprehensive Plan Future Land Use Map Adopted & Proposed Land Use Designations
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Exhibit B -Agency and Department Comments
1. PLANNING DEPARTMENT
1.1 The annexation and rezone legal descriptions prepared by Aaron L. Ballard, PLS, dated 2/11/10
and submitted with the application (included in Exhibit C), are accurate and meet 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 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:
a. A 10-foot wide multi-use pathway is required to be constructed along the west boundary of
the site adjacent to Ten Mile Road in accord with the City's Master Pathways Plan and the
standards listed in UDC 11-3A-8.
b. Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
c. Comply with all bulk, use, and development standards of the C-C district listed in UDC
Chapter 2 District regulations.
d. Development of this site shall be consistent with the conceptual development plan included
as Exhibit A.3 and the provisions listed herein.
e. Prior to issuance of any building permit, the subject property shall either be subdivided (if a
public street access via Overland Road is proposed), or a property boundary adjustment shall
be approved to adjust the northeast property line consistent with the boundary shown on the
concept plan, in accord with the UDC.
£ Protect any existing trees on the subject property that are greater than four-inch caliper
and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10.
g. No drive-through establishments are allowed on this site.
h. No direct lot access or driveways to S. Ten Mile Road are allowed on this site; the right-
in/right-out access shown on the concept plan to this site is not approved. If an emergency
access driveway via Ten Mile Road is required by the Fire Department for this site, a gate or
bollards shall be provided to prohibit public access. A revised concept plan shall be
submitted for inclusion in the development agreement. The Commission recommended this
condition be removed; however. City Council is the only body that has the authority to
waive the standards listed in UDC 11-3A-3. Access to Streets.
i. Only one access via Overland Road for the site is approved as shown on the attached
conceptual development plan; all other access points to Overland Road are prohibited.
j. Any future building lots shall not be encumbered by the existing Northwest Pipeline
easement that lies at the north boundary of this site.
k. An encroachment permit is required for any development/improvements within the Williams
Pipeline easement. All development shall comply with the Williams Gas Pipeline
development guidelines, as applicable.
1. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
m. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC 11-3A-6.
n. 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.
o. 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Future sanitary sewer service to this development is being proposed to be constructed as a
temporary dry line that will connect to the existing main located approximately 1200 feet east of
the applicant's east property line. Plans for this construction have been received by Meridian
Public Works and are now being review. However this property is currently not serviceable and
the City of Meridian does not guarantee service in the timelines established in the UDC.
2.2 No sewer manholes or water valves shall be allowed in landscape islands. If mains are routed
under the islands then no trees or other fixed vertical objects shall be allowed.
2.3 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.4 The applicant shall install sewer mains to and through this development; 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.
2.5 Water service to this site is being proposed via extension of mains in Overland Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.6 Due to the fact that there is no existing feed for the new high pressure zone being created by this
development, the applicant will be responsible to install a booster station, and donate a well site
on the south side of the Ridenbaugh Canal; location has been coordinated with the Public Works
Department.
2.7 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).
2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to applying for building permits.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). 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 prior to
applying for building permits..
2.10 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.13 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, prior to
applying for building permits.
2.14 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, etc., prior to
applying for building permits.
2.15 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.
2.16 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.19 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.
2.20 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.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All street
lights shall be installed at sub divider's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC. One hundred watt, high-pressure sodium
streetlights shall be required at locations designated by the Public Works Department. Height for
3. FIRE DEPARTMENT
The Fire Department has no comments at this time.
4. POLICE DEPARTMENT
The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide concrete sidewalk located a minimum of 48-feet from the centerline of
Overland Road abutting the site. Coordinate the exact location of the sidewalk with Development
Review Staff.
7.1.2 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the
centerline of Ten Mile Road abutting the site. Coordinate the exact location of the sidewalk with
Development Review staff.
7.1.3 Construct one roadway (public or private) to intersect Overland Road located approximately 370-
feet east of the intersection of Ten Mile Road and Overland Road, as proposed.
7.1.4 If the proposed roadway is public then:
• Construct the public roadway as a 40-foot wide commercial roadway with vertical curb,
gutter, and 5-foot wide attached concrete sidewalk within a minimum of 54-feet of right-
of-way and construct a temporary turnaround at the terminus of the street to provide a
minimum turning radius of 45-feet. A sign shall be installed at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.5 If the proposed roadway is private then:
• Construct one private street 20 to 24-feet wide with 15-foot curb return radii where it
intersects Overland Road. The private street shall be paved its full width at least 30-feet
in from the public street.
7.1.6 Enter into a license agreement for any landscaping proposed within ACHD right-of--way abutting
the site.
7.1.7 Ten Mile Road and Overland Road are classified as principal arterial roadways. Other than the
one access specifically approved with this development application on Overland Road, direct lot
access shall be prohibited to these roadways.
7.1.8 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.
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 terms 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 C -Annexation & Rezone Legal Descriptions & Exhibit Maps
February il, 2010
/~~=~ Pagelof2
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LHS LAND GROUP, INC.
09146
ezone . `~' escription
Cabra Creek, LLC
5..63 Acres
EXHIBIT "A"
A tract of land for annexation purposes situated in the Northwest One Quarter of the
Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian,
Ada County, Idaho, described as follows:
BEGINNING at a brass cap monumenting the Northwest Corner of said Section 23, from
-which a 5/8•~inch steel pin monumenting the West one-sixteenth Corner common to said
Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian, bears
South 89°15'27" East a distance of 1,326..21 feet;
Thence following the northerly line of said Section 23, South 89°15'27" East a
distance of 301.75 feet to a point;
Thence leaving the northerly line of said Section 23, South 37°00'03" West a
distance of 149.62 feet to a point;
Thence South 13°11'58" West a distance of 166.51 feet to a point;
Thence South 14°01'47" East a distance of 273.94 feet to a point;
Thence South 26°09'07" East a distance of 33077 feet to a point;
Thence South 13°10'43" West a distance of 138..68 feet to a point;
Thence South 05°20'23" West a distance of 201...34 feet to a point;
Thence South 01°24'08" West a distance of 111.80 feet to a point;
Thence North 21°46'52" West a distance of 332.62 feet to a point;
Thence North 21°08'47" West a distance of 14189 feet to a point;
Thence North 34°11'02" West a distance of 215..76 feet to a point;
Thence North 89°03'41" West a distance of 48.00 feet to a point on the westerly
line of said Section 23 and the centerline of South Ten Mile Road;
Thence following the westerly fine of said Section 23 and the centerline of said
South T'en Mile Road, North 00°56'19" East a distance of 675.06 feet to the
POINT' OF BEGINNING.
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February 11, 2010
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IHE IAND GROUP, CNC
.Z,~l~f'O
The above-described tract of land contains 5..63 acres, more or less, subject to any
existing easements or rights-of-way,
Attached hereto is Exhibit "B"and by this reference is made a part hereof.
Prepared By: THE i..AND GROUP, INC.,
462 E.. SHORE DRIVE
EAGLE, IDAHO 83616
208-939-4041
208-939-4045 FAX
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Situated in a portion of the
NW 1/4 of ttte NW 1/4 of Section 23,
Township 3 North, Range 1 West,13 M ,
Ada County, Idaho
2009
FOUND BRASS CAP
NW CORNER SECTION 23
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.s~`e: ~,i'~""r"a 109146
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February 11, 2010
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I'Hfi IAND GROUP, INC,
February 11, 2010
Project No.,109146
Legal Description
Rezone
Cabra Creek, LL.C
9 33 Acres
A tract of land situated in, the West One Half of the Northwest One Quarter of Section
23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho, described as follows:
Commencing at a brass cap monumenting the West One Quarter of said Section 23 on
:;
the centerline of-South Ten Mile Road, from which a brass cap monumenting the
Northwest Corner of said Section 23 bears North 00°56'19" East a distance of 2,629.48
feet;
Thence following the westerly line of said Section 23 and the centerline of said South
'T'en Miie Road, North 00°56'19" East a distance of 717;25 feet to the POINT' OF
BEGINNING;
Thence following said westerly line and said centerline, North 00°56'19" East a
distance of 875..01 feet to a point;
Thence leaving said said westerly line and said centerline, South 68°49'38" East a
distance of 103.,82 feet to a point;
Thence South 53°48'35" East a distance of 47.26 feet to a point;
Thence South 31°33'47" East a distance of 219.,26 feet to a point;
Thence South 4'1°39'35" East a distance of 816_,93 feet to a point on the
centerline of West Overland Road;
Thence fallowing said centerline, 411,56 feet along the arc of a circular curve to
the right, said curve having a radius of 1,000,00 feet, a central angle of
23°34'51", a chord bearing of South '78°56'26" West and a chord distance of
408..67 feet to a point;
Thence following said centerline, North 89°16'08" West a distance of 466.86 feet
to the POINT OF BEGINNING
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February 11, 2010
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I13B LAND GROUT; INC.
Fhe above-described tract of land contains 9,33 acres, more or~ less, subject to any
existing easements or'rights-of--way,
Pr'epar'ed By: THE LAND GROUP, IMC,
462 I;, SHORE DRIVE
EAGLE, IDAHO 83616
208.939-4041
208-939-4045 (FAX)
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'T'itle: TtEZ4NE
Date: 02-~11-2010
I Scale: T inch =1 SO feet 1 File: I
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Exhibit D -Required Findings from 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 Commission finds that the proposed changes to the Future Land Use Map do 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 Commission finds the proposed land use changes will provide an improved guide to
future growth and development in this area of the city and should contribute to the
employment opportunities available within the City.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Commission 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 uses
allowed in the mixed employment district in this area.
d. The proposed amendment is consistent with the Unified Development Code.
The Commission 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 Commission finds that the diversity of uses envisioned in the Comprehensive Plan for
the ME area will be compatible with surrounding (existing and future) land uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Commission finds that the proposed amendment will 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 Commission finds that the proposed map amendment to mixed employment will allow
for uses on the site that should be compatible with existing and future commercial,
industrial, and residential uses in the area.
h. The proposed amendment is in the best interest of the City of Meridian.
The Commission finds that the proposed amendment is in the best interest of the City if the
applicant develops the site consistent with the provisions of the development agreement
recommended by staff and the purpose of the ME land use designation.
2. Annexation/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 annex 5.63 acres of land with an M-E zoning designation &
rezone 9.33 acres of land with a C-C zoning designation. The proposed zoning
designations are consistent with the proposed comprehensive plan future land use map
designation of ME for this property. 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 Commission finds that the proposed zoning amendments comply with the regulations
outlined for the proposed districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendments 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 maybe 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 Commission finds that the proposed zoning amendments 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 11-SB-3.E).
The Commission finds that the proposed annexation (to M-E) and rezone (to C-C) of this
property is in the best interest of the City.