HomeMy WebLinkAboutSeyam Sub CPA-09-007 RZ-09-005~CAt~IN~D
CITY OF MERIDIAN (~E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I D A H O
DECISION & ORDER
In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the
Land Use Designation on 6.54 Acres of Land from Commercial to Industrial, and to
Change the Land Use Designation on 1.12 Acres of Land from Industrial to Commercial;
and Rezone of 6.54 Acres of Land from the C-G Zoning District to the I-L district, and 1.12
Acres from the I-L District to the C-G District, by Ronald W. Van Auker.
Case No(s). CPA-09-007 & RZ-09-005
For the City Council Hearing Date of: Apri127, 2010, (Findings on the May 11, 2010 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri127, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of Apri127, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
27, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of Apri127, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
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-09-007 & RZ-09-005
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4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the legal description and the provisions of the
development agreement included in the attached Staff Report for the hearing date of
Apri127, 2010, incorporated by reference. The provisions are concluded to be reasonable
and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone to I-L and C-G as evidenced by having submitted the legal
descriptions and exhibit maps, prepared by Todd R. Waite, dated 12/16/2009, is hereby
conditionally approved; and,
2. A Development Agreement (DA) is required with the subject rezone approval. The
provisions of the DA are as shown in Exhibit B of the attached Staff Report for the
hearing date of Apri127, 2010, incorporated by reference.
D. Attached: Staff Report for the hearing date of Apri127, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPA-09-007 & RZ-09-005
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By action of the City Council at its regular meeting held on the ~`~' day of
2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED~(~y~..,
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~~
COUNCIL MEMBER KEITH BIRD VOTED ~,I ~~
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
~- G{1' -~ Mayor
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Attest:
Jaycee
City Clerk;
Copy served upon
Attorney.
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Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPA-09-007 & RZ-09-005
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STAFF REPORT Hearing Date: Apri127, 2010
TO: Mayor & City Council E TDI j~ ~T~,
FROM: Sonya Waters, Associate City Planner j 1 ~ A~iH1~~1~
208-884-5533
SUBJECT: CPA-09-007; RZ-09-005 -Seyam Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald W. Van Auker, has applied for an amendment to the Comprehensive Plan
Future Land Use Map (CPA) to change the land use designation on 6.54 acres of land from
Commercial to Industrial; and to change the land use designation on 1.12 acres of land from Industrial
to Commercial.
A Rezone (RZ) is concurrently requested of 6.54 acres of land from the C-G (General Retail &
Service Commercial) zoning district to the I-L (Light Industrial) zoning district; and 1.12 acres of
land from the I-L district to the C-G district. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPA & 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 18th they moved to recommend approval of the subiect CPA and RZ
request'
a. Summary of Commission Public Hearing:
i. In favor: Brad Miller
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: Pete Friedman
b. Kev Issue(s) of Discussion by Commission:
i. Concern about the aesthetics of an industrial use/building being located adiacent to
Franklin Road, an entryway corridor into the City. Difficulty with applying commercial
design standards to an industrial building that isn't really suited as such.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. If it's in the best interest of the City to approve a change to the future land use map &
zoning map that would allow an industrial use(s) to develop on this site adiacent to
Franklin Road, an entryway corridor into the City.
~_ ummarv of City Council PLblic Hearing:
i, In favor: Brad Miller
ii. In opnosition: None
Seyam Sub CPA RZ PAGE 1
iii: Commenting: None
lYs Written testimony: None
y~ taff presenting application: onva Watt r.
yi, ther staff commenting on annli ation• Non
1L ev I ne of Dicc ~c ion by ounc'1:
i. None
~. ev Council Cha sec to Staff/(:nmmiccinn Re~nmmPn atjOn
v None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09-
007 & RZ-09-005, 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-
007 & RZ-09-005, 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-09-007 & RZ-09-005, 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 north side of E. Franklin Road, approximately 1,200 feet east of the
Eagle/Franklin intersection, in the southwest '/ of Section 9, Township 3 North, Range 1 East.
B. Owner(s):
Ronald W. Van Auker
3084 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Matt Munger, Munger Engineering, Inc.
4090 W. State Street, Ste. 29
Boise, ID 83703
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 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, Chapter 5.
Seyam Sub CPA RZ PAGE 2
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: February 23, 2010 (Commission); April 16, 2010 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property for the proposed comprehensive plan map
amendment and rezone has not yet been developed and is currently vacant. The property is
currently zoned I-L and C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Industrial property (multi-tenant warehouse building), zoned I-L
2. East: Rural residential property, zoned R1 and RUT in Ada County
3. South: Meadow Lake Village retirement community, zoned L-O
4. West: Commercial property (Ashley Furniture), zoned C-G
C. History of Previous Actions:
• A preliminary plat (PP-06-055) was approved in 2007 for 8 building lots on 39.28 acres of
land.
• An 18 month time extension (TE-09-005) was approved on February 4, 2009 to obtain the
City Engineer's signature on the final plat, to expire on August 6, 2010.
• A final plat (FP-09-008) was approved on January 26, 2010 for the entire area of the
preliminary plat but has not yet been recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: This site is currently served from mains that are installed in Lanark
Lane.
b. Location of water: This site is currently served from mains that are installed in Lanark
Lane.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
A portion of this site is designated for "Commercial" land uses and the remainder is designated for
"Industrial" land uses on the Comprehensive Plan Future Land Use Map. The applicant is proposing
to change 6.54 acres of land from the Commercial designation to the Industrial designation, and 1.12
acres of land from the Industrial designation to the Commercial designation.
Seyam Sub CPA RZ PAGE 3
Per Chapter VII of the Comprehensive Plan (page 105), commercial areas are designated to provide a
full range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
government offices. Within this land use category, specific zones maybe created to focus commercial
activities unique to their locations.
Per Chapter VII of the Comprehensive Plan (page 106), industrial areas are designated to allow a
range of industrial uses to support industrial and commercial activities and to develop with sufficient
urban services.
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 rezoned in
the following manner:
- Sanitary sewer and water service will be extended to the site at the developer's expense.
- The subject lands currently lie within the jurisdiction of the Meridian Fire Department.
- The subject lands currently lie within the jurisdiction of the Meridian Police Department
- 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.
Access to this property from Franklin Road is proposed via the extension of Touchmark Way as
approved on the final plat, which is proposed to connect to Lanark to the north of the subject
property.
Seyam Sub CPA RZ PAGE 4
• Chapter VII, Goal I, Objective E -Establish industrial areas to meet the employment needs of the
City of Meridian.
A portion of the applicant's request is to amend the future land use map to include more
industrial property within the City. Adding more industrial property should contribute to
employment opportunities available within the City.
Chapter VII, Goal I, Objective E, Action 3 -Require industrial areas to create a site design
compatible with surrounding uses (e.g. landscape, fences, etc.) and community design criteria.
Because the property proposed to be zoned industrial borders Franklin Road, an entryway
corridor into the City, staff recommends the design criteria contained in the Design Manual for
commercial developments (as opposed to industrial) apply to development of this property on the
south & west sides of the property fronting public streets. Staff believes this will result in a more
aesthetically pleasing as well as more compatible structure with the commercial property to the
west.
• Chapter VII, Goal N, Objective A, Action 2 -Encourage industrial development to locate
adjacent to existing industrial uses.
Industrial property exists adjacent to the railway corridor at the north boundary of the subject
property proposed to be rezoned industrial.
• Chapter VII, Goal IV, Objective C, Action 2 -Require screening and landscape buffers on all
development requests that are more intense than adjacent residential properties.
The property proposed to be rezoned I-L abuts residential property. The UDC (Table 11-2C-3)
requires a 25 foot wide landscape buffer adjacent to residential uses.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. As is applicable to the subject application,
the City should encourage the clustering of commercial development at or near existing arterials
and collector roads and require landscaping of new development to provide beautification. All
future construction on the subject site will require approval of a Certificates of Zoning
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 to the subject site and
will still be available upon rezone and development of the site.
Seyam Sub CPA RZ PAGE 5
c. Housing
The City of Meridian is charged with ensuring adequate and attractive living environment which
meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As
the site is currently proposed for commercial and industrial 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.
e. Public Services, Facilities, and Utilities
City water and sewer service is currently available to the subject property. Public services such as
police and fire protection are currently provided to the subject property.
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. Staff does not believe that the proposed plan amendment would negatively impact
transportation within the City of Meridian in this area if approved.
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 significantly impact 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.
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. This site is not formally designated for
recreational purposes.
1. Land Use
The policies of this element are presented in the text of the Comprehensive Plan. 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
Seyam Sub CPA RZ PAGE 6
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 and
consistent zoning within the immediate area, along with access to an arterial street, 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 of which no neighbors attended.
In summary, staff finds that the development request generally conforms to the stated purpose, intent,
and standards of the Commercial and Industrial land use categories within the Comprehensive Plan.
Further, staff finds the proposed use of the property should be consistent with existing commercial
and industrial uses in the area.
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
mix of allowed commercial uses, and the location of the district proximity to streets and
highways.
The purpose of the I-L district is to provide for convenient employment centers of light
manufacturing, research and development, warehousing, and distributing. In accord with the
Meridian Comprehensive Plan, the I-L district is intended to encourage the development of
industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are
operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation
systems is a requirement of this district (UDC 11-2C-1A).
B. Schedule of Use: Unified Development Code (UDC) Tables 11-2B-2 and 11-2C-21ist the
permitted, accessory, and conditional uses in the C-G and I-L zoning district. No specific uses are
proposed with this application.
C. Dimensional Standards: The dimensional standards listed in UDC Tables 11-2B-3 for the C-G
district and 11-2C-3 for the I-L zoning district apply to development of this site.
D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application.
Seyam Sub CPA RZ PAGE 7
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. CPA Application:
The applicant requests an amendment to the Comprehensive Plan future land use map to
change the land use designation on 6.54 acres of land directly adjacent to Franklin Road from
commercial to industrial. An amendment is also requested to change 1.12 acres from
industrial to commercial, approximately 300 feet north of Franklin Road. Please see Section
VII above for the Comprehensive Plan policies, goals, and analysis related to this
application.
Because the portion of this site proposed for industrial use is located adjacent to an entryway
corridor (Franklin Road) into the City, staff is hesitant to support the request because of the
general nature of industrial type uses. Typically, structures in industrial areas are less
attractive and more utilitarian; have associated outdoor storage areas for materials,
equipment, inventory, and/or supplies; and have loading docks for shipping and receiving.
Light industry type uses typically consist of manufacturing, processing, fabrication,
assembly, treatment, and/or packaging of finished products or parts, predominantly from
previously prepared materials.
Because there is industrial property to the north of the subject property adjacent to the railway
corridor, expanding the boundary of industrial land in this area makes some sense. However,
the primary concern of staff is that the property develops in an attractive manor consistent
with the commercial properties to the west and the desired appearance of structures located
along entryway corridors into the City.
Staff is not opposed to the industrial designation of the property adjacent to Franklin Road
provided that the facades and portions of the site directly adjacent to Franklin Road and the
future extension of Touchmark Way develop consistent with the guidelines contained in the
City's Design Manual for commercial developments, rather than industrial developments,
because of their location adjacent to an entryway corridor. Staff believes this will assist in
maintaining the design integrity of the entryway corridor, as well as accomplishing the
desires of the applicant.
Staff has no objections to the request to change the land use designation to commercial for
the portion of the property north of Franklin Road. However, the northern lot line shown on
the approval fmal plat for this lot property will need to be shifted accordingly prior to
recordation of the plat.
2. RZ Application:
The rezone of a portion of the subject property to I-L and a portion to C-G as proposed by the
applicant is consistent with the future land use designations proposed with the CPA
application.
Seyam Sub CPA RZ PAGE 8
As a provision of the rezone, staff is recommending no outdoor storage of materials,
equipment, inventory, and/or supplies or loading docks are located between the facades of the
structures directly adjacent to Franklin Road & the future extension of Touchmark Way on
the property proposed to be zoned I-L. All outdoor storage areas shall comply with the
standards listed in UDC 11-3A-14.
Additionally, staff recommends that the facades of the structures and portions of the site
directly adjacent to Franklin Road and the future extension of Touchmark Way develop
consistent with the guidelines contained in the Design Manual for commercial developments
rather than industrial developments for the property proposed to be zoned I-L.
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 with the City that requires a written commitment for
all future uses, in accord with UDC 11-SB-3D2 and Idaho Code § 65-6711A, that contains
the provisions detailed above. 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. Zoning Map & Aerial Map
2. Comprehensive Plan Future Land Use Map -Adopted & Proposed Land Use Designations
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
Seyam Sub CPA RZ PAGE 9
Exhibit A.1 -Vicinity Map
Exhibit A
Exhibit A.2 -Comprehensive Plan Future Land Use Map -Adopted & Proposed Land Use Designations
Exhibit A
Exhibit B -Agency and Department Comments
On February 3, 2010, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police
Department. Staff has included all comments and recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The rezone legal description prepared by Todd R. Waite, PLS, dated 12/16/09 and submitted with
the application (included in Exhibit C), is accurate and meets the requirements of the City of
Meridian and State Tax Commission.
1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney, Bill Nary, at 888-4433 within one 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. Comply with all provisions of 11-3A-3 with regard to access to streets.
b. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application and Design Review from the Planning Department, prior to submittal of a
building permit application for any and all structures on this site.
c. The facades of structures and portions of the site directly adjacent to Franklin Road & the
future extension of Touchmark Way shall develop in accord with the guidelines contained in
the City's Design Manual for commercial developments, rather than industrial
developments, because of their location adjacent to an entryway corridor (Franklin Road).
(These properties are depicted on the approved final plat as Lots 2 and 3, Block 1.) The
facades and portions of the site not directly adjacent to Touchmark or Franklin may develop
in accord with the guidelines contained in the Design Manual for industrial developments.
d. No outdoor storage of materials, equipment, inventory, and/or supplies, or loading docks
shall be located between the facades of the structures adjacent to Franklin Road & the future
extension of Touchmark Way. All permitted outdoor storage areas shall comply with the
standards listed in UDC 11-3A-14.
e. The property owner shall sign the development agreement and return such to the City within
one year of the Council granting this rezone request as set forth in UDC 11-SB-3D2.
f. Comply with all bulk, use, and development standards of the applicable district listed in
UDC Chapter 2 District regulations.
g. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
h. 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 maybe 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.
i. 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
Exhibit A
approval. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
2. FIRE DEPARTMENT
2.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome
on a request for Basic and Advanced Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
2.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, 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.
2.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
2.4 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
2.5 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
2.6 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 as set forth in International Fire
Code Section 508.5.1. 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).
2.7 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least three means of fire apparatus access for each structure. Two
of the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line as set
forth in Intemational Fire Code Appendix D104.1.
2.8 COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus access roads separated by one half of the maximum overall diagonal dimension of the
Exhibit A
property or area to be served, measured in a straight line between accesses as set forth in
International Fire Code Appendix D104.2.
a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2)
that have a single approved fire apparatus access road and all buildings are equipped
throughout with approved automatic sprinkler systems. (Remoteness Required)
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
On December 6, 2006, the Ada County Highway District acted on MPP-06-055 for Seyam
Subdivision. The conditions and requirements also apply to MCPA-09-007 / MRZ-09-005.
Exhibit A
Exhibit C -Rezone Legal Description & Exhibit Map
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MEttID1AM. f7Ua1JC
f~ sranrey~n~, plc
V4'. Skate Sttext. R`ouc, IU 837{Y35
208,7~t,f,62Z Tale. 2t>g.~t,2b.8319 Fax
P.1*1.2435 L?exaember 16, 2009
C-G 'Y~d I.l, ZOKI~ DM~Clt11?TIUIr+f
A par~cet of lead ftrcated is the 3authv~est J /4 of Sections 9, T.3N,, lr.lE., B,M., Ada.
Coanty, Cdat-o, and being nwnc panc~trarly describes as follovva:
Commerkckng at tlrc 3oarthr-se~ earner of said $ectzon 4, fram vrhich tbt South l i4 4~kxtrer
ofaaid motion tars 5 89°k k`4fi"'Pd, 2706.25 ft+ct,
tluetu~e S 89°1 I'46" E along, flue Sou#h boundary of said Section 4 acrd the Ctar~erlirrc of
Frmlcln ltd. for a dialanee of 1107.33 fret (farxnerly 1 107.19 fact);
tBcnce roatiautag 3 $4° [ t'4b"' S along the SQtutt boundary of said Section 4 and flit
txntaline of Chanklin Rd., fbr a distance of 655.74 feet to the fRLAL P4[NT QF
$lrGli~iN1I'IG,
thence leaving said boundary and catterliae K 04°48' f 4" W for a dintaarco of 245. I fi frxil
to s poial of Darya;
tlaeivoc along the arc of said curve w the nght a dice of 5236 feel, sand curo"e having a
radius a~f 3(10.00 fed, a central ar>$Ic of 10°00'00" and a cl~wrti distance of 52..29 fact
kaearing N 04°I i '46" E to a paint ctif tangent;
thence N 09°t l'4d"' ~ for a distance of 12.09 feat;
thence S >l:9°56' i 4" E 1'or a dist>tincc of 937.34 feet W a point on the East bound~y of said
Sauthwcs! I14 of Sextioa 4;
tlrcnce S 00°3'1'59" E abng said EasF. CKrundtry far a distanee of 245.00 fleet to Quc
e;aitterfipe of Franklin Rd, and the South boundary of sAid'.lactktnr 9;
theae7e 3 ll~9°f t'46" W along the Sautbk twundsry of said Section $ mid the ce~erline of
FraniJin ltcl.. far a dit~cr of 443.18 feet to the REAL, MiCDIT OF $IING:
contamu~g 8.54 spree of land, more or ie~.
Prcparad by: Todd R. Waits P.L.S.
2~Proaetial5eyerctiSrrtr t~s35ne~+,CX, TO tt, zr~rNE-rr~rdk,~f
Exhibit A
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[ah~ sunreytng, ~Ic
4U9t? W. State Sbeck 9oa~. IQ 9~7iP3
308,75~4.bbZZ Tele. 20$.4.6.6379 Fax
P.N.2433 Decaenther if, 2009
l.I, Td CG ?.QN1~ D~SCRiP'I IUN
A p~arccl of land located in the Southwest iJ4 of Section 9, 7",3N., R.l E„ B,M,, Atia
County, ltlalu~, amd being mane parttculatly described as follows.
Cvmmenctng at the Southwtsst comer of avid Sectror~ 9, frvan which Uae Sufi 1 f4 cornet
of said Section bars S 89°! 1'46" W, 2T4tZ5 feet,
th~enee S ~"11'4b" E along the 3ou1h boundary of said Se~ion 9 and the eentrrlinc of
Fran&.lip Rd., far a d istanee aF 1 t 07.33 Ebel {foxmcrly 1107. i 9 feet}«
thence kavutg said bexrztd~y and aeaterline N Orb°55' 12" W Pat a clstsnco of GA.47 f~
to a paint un the East night-of--Way Gtu of N. C3amdians Ave.,
thencs N Ob°35' 12" W alUttg said !Rest ltiglzt-of-Way lirtc for a distance of 40Q.69 fix;
thence leaving said ttight~f--Way line N 89°11'46" ~ for a distsuux uf44lG.Tl felt to ilia
ItF.Ab P(HNT OP BEGII'i1~itTtG,
thenoa S Ol-°4B't#" t3 for s distance of 151,23 feet:
thtsdt~C S $9°56' l9" ~ for x distance of 305.55 Peer
thexMae N 09°1 t'4G" E fur a distance of 158.25 feet;
ti,~,e~ S 89°11'46" W for a diata»ce of 332.99 feet to the 121"r4L Pl]IINT OF
BEGiNA11NG,
cotttainirtg 1.12 acrca of land, more ar teas.
Pnparod by: Tadri R. Waite C.L.S.
Z-~''~Ser+~Sut-(243sNtlawne~tk ro ~a - zclNS.doc-I
Exhibit A
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f ; WORKS P'~ ~~ -~& nho~.s ~rr~ ao i~c
f c~rr~ o~~ n~Ft~rai~uv zonrin+~
scas.~: ~ T = aaor I E.~ct~te~r
use oiu as r~ poxaor- . shut
nor ee uama AwY prao~cr oR [~ctet~onts CIF 11!'8 LOCATED IN THE SW t/q t7F SEC. 9.
Na uc ~' "~Q ~"'~ T.3N., R. tE_., B.M.., Al7A CC3, IDAHO
WAlTE
i~t?C.~.5UfV~I1C?C~, ~jG
44A~ W 5fate Sfiree°EE, Gorse, Idaho 83703
208.94"!.38x0 Tele 2Q8.42b.83i9 Fax
Exhibit A
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.
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
commercial and industrial development 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 future commercial and light industrial uses on this site will
be compatible with surrounding (existing and future) uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Commission 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 Commission finds that the proposed map amendment to commercial and industrial 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
application develops the site consistent with the provisions of the development agreement
recommended by staff.
Exhibit A
2. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone the subject property to C-G and I-L zoning districts.
If the applicant complies with the DA provisions, the City Council finds that the
proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan for the proposed commercial and industrial land use designations.
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 City Council finds that the amendment complies with the regulations outlined for the
proposed district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare if approved.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that the proposed rezone of this property to the I-L and C-G
zoning districts and the C-G and I-L zoning districts is in the best interest of the City.
Exhibit A