PZ Recommendations to CC / Staff ReportSTAFF REPORT Hearing Date: September 16, 2014
(Continued from: September 2, 2014) E IDIAN-
TO: Mayor & City Council IDAHO
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-14-005 — Southridge Commercial
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, DBTV Southridge Farm, LLC, has submitted an application for rezone (RZ) of 7.41
acres of land from the TN -C to the C -C zoning district. See Section LY of the staff report for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 7, 2014. At the
public hearing, the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Timothy Eck
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jason Densmer, Applicant's Representative (in agreement with staff
report)
v. Staff presenting application: Justin Lucas
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for Citv Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-14-
005, as presented in the staff report for the hearing date of September 16, 2014, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-14-005,
as presented during the hearing on September 16, 2014, for the following reasons: (You should state
specific reasons for denial)
Southridge Commercial RZ-14-005 PAGE 1
Continuance
I move to continue File Numbers RZ-14-005 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 at the southwest corner of S. Linder Road and W. Overland Road, in the NE'/4
of Section 23, Township 3 North, Range 1 West.
B. Owner(s):
DBTV Southridge Farm, LLC
209 W. Main Street
Boise, Idaho 83702
C. Applicant:
Same as owner
D. Representative:
Jason Densmer, The Land Group, Inc.
462 E. Shore Drive, 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 a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: July 21, and August 4, 2014 (Commission); August 11,
and 25, 2014 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 17, 2014 (Commission); August 8,
2014 (City Council)
D. Applicant posted notice on site(s) on: July 25, 2014 (Commission); September 5, 2014 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant platted property, zoned TN -C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. Overland Road and rural residential/agricultural property, zoned RUT in Ada
County
2. East: S. Linder Road and rural residential/agricultural property, zoned RUT in Ada County
3. South: Vacant/undeveloped property and a residential property, zoned TN -C and RUT in
Ada County
4. West: Vacant/undeveloped property and a single-family residential property, zoned TN -C
Southridge Commercial RZ-14-005 PAGE 2
C. History of Previous Actions:
• In 2006, this property was annexed (AZ -06-031) with the larger Southridge development
and zoned TN -C with a development agreement (DA), recorded as Instrument No.
107074205. A preliminary plat (PP -06-031) was also approved at that time. The
preliminary plat has since expired.
• In 2008, the DA (was modified (MDA -08-004), recorded as Instrument No. 111102269.
A final plat (FP -08-017) was approved for Phase I of the Southridge development which
included the subject property.
In 2012, the DA was modified (MDA -12-009) again. The new DA (recorded as
Instrument No. 113077158) replaced the original and amended DA with a new updated
agreement.
D. Utilities:
1. Location of sewer: NA
2. Location of water: NA
3. 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.
4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan
(TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which
links to nearby developments. The plan emphasizes the community's support for higher densities and
mixed uses to create a vibrant and economically strong city. The plan also stresses the community's
commitment to good site planning and design as a means of establishing a place everyone can be
proud of and one that protects the interests of future businesses and residents (pg. ix).
LAND USE:
The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property as
Mixed Use Commercial (MU -C). MU -C designated areas are intended for the development of a mix
of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family
or single-family attached residential uses. The horizontal and vertical integration of residential uses is
also essential in this area. This designation requires developments to integrate the three major use
categories: residential, commercial, and employment. Traditional neighborhood design concepts with
a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site
design and an attractive pedestrian environment with a strong street character. An overall target
density of 8-12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual
projects. No more than 30% of the ground level development within the MUC designation should be
used for residences. (See pg. 3-9 for more information.)
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
Southridge Commercial RZ-14-005 PAGE 3
Upon development of the site, street buffer and parking lot landscaping will be required in
accord with UDC standards.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
Adequate water supply and pressure for fire protection is available to this site.
• "Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan." (3.05.01E)
Due to the size of this site, it is likely that small-scale commercial uses will develop on this
site which will provide services to adjacent residential properties.
• "Cluster new community commercial areas on arterials or collectors near residential areas in
such a way as to complement adjoining residential areas." (3.06.02B)
The site is abuts two arterial streets (W. Overland and N. Linder Roads) and residential uses
are in the process of developing to the southeast and southwest
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
The proposed C -C zoning will allow for a variety of commercial and retail opportunities that
don't currently exist in this area of the City.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the commercial districts is to
provide for the retail and service needs of the community in accordance with the Meridian
comprehensive plan. Six (6) districts are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways (UDC 11-213-1).
The C -C district allows larger scale and broader mix of retail, office, and service uses with access
to arterials or nonresidential collectors.
B. Schedule of Use: Unified Development Code (UDC) Table 11-213-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. No uses are proposed at this time.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2B-3 for the C -C zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-213-3 for the C -C zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-6.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Rezone
The applicant has applied to rezone a total of 7.41 acres of land from the TN -C to the C -C zoning
district. The property consists of Lots 1-5, Block 1, Southridge Subdivision No. 1. As discussed
above in Section VII, the proposed zoning is consistent with the corresponding FLUM
designation of MU -C.
Southridge Commercial RZ-14-005 PAGE 4
The applicant requests a rezone because the current TN -C zoning of the property requires all new
construction to have a minimum of two stories and minimum contiguous district size of six acres.
The C -C zone allows for a mix of one story retail, office and service uses with access to arterials
or nonresidential collector streets. The applicant feels the C -C district will be more
accommodating to businesses who are interested in building on this site. The design guidelines in
the TMISAP are still applicable to development of this site.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned. The property was previously annexed into the City and is
within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. Because a DA already exists for this property that requires
compliance with a conceptual plan and several other provisions meant to ensure a quality
development staff is not recommending any modifications to the existing DA as part of this
application.
Because the FLUM designation for this property is MU -C, which allows for a mixture of office,
retail, recreational, employment, and other miscellaneous uses with supporting multi -family or
single-family attached residential uses with a focus on commercial and employment uses, staff
feels the proposed C -C zoning is appropriate for this property. The C -C zone will accommodate
all of these uses and is listed in the TMISAP as a possible zoning choice in the MU -C land use
designation.
In summary, Staff recommends approval of the proposed rezone request in accord with the
findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Rezone Boundary
D. Required Findings from Unified Development Code
Southridge Commercial RZ-14-005 PAGE 5
A. Drawings
1. Vicinity Map
Exhibit A Page 1
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1 The Planning Division recommends approval of the subject request.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD did not submit comments on this application.
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C. Legal Description & Exhibit Map for Rezone Boundary
June 16, 2014
Project No. 114121
IV
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Exhibit "A"
SOUTHRIDGE SUBDIVISION PHASE 1
ANNEXATION AND REZONE DESCRIPTION
A parcel of land situated in a portion of the Northeast Quarter of Section 23, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly
described as follows:
BEGINNING at the North East corner of said Section 23, marked by a brass cap monument;
Thence along the East section line of said Section 23, South 00'41'26" West, 614.62 feet to a
point, from which the East quarter Corner of said Section 23, marked by a 5/8" iron rod
bears, South 0041'26" West, 2036.05 feet;
Thence leaving said Section One, North 89'18'34" West, 48.00 feet to a point of the Easterly
right-of-way line of South Under Road;
Thence North 89'18'34" West, 47.31 feet to a point of curvature;
Thence 266.66 feet along the arc of a curve to the right, having a radius of 250.00 feet, a
central angle of 61`06'48", and whose long chord bears North 58'45'10" West, 254.20 feet
to a point of reverse curvature;
Thence 251.45 feet along the arc of a curve to the left, having a radius of 300.00 feet, a
central angle of 48°01'23, and whose long chord bears North 52'12'27" West, 244.15 feet
to a point of reverse curvature;
Thence 334.56 feet along the arc of a curve to the right, having a radius of 250.00 feet, a
central angle of 76'40'35", and whose long chord bears North 37'52'51" West, 310.15 feet
to a point of tangency;
Thence North 00'27'27" East, 41.90 feet to a point on the southerly right-of-way One of
West Overland Road;
Thence North 00'40'19" East, 53.50 feet to a point on the North section One of
aforementioned Section 23, from which the North Quarter Corner of said Section 23,
marked by an aluminum cap monument bears, North E9°19'41" West, 1959.23 feet;
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TFIE LAND GUOUP. INC.
Thence along said section line, South 89"19'41" East, 702.50 feet, to the North East Corner
of said Section 23 and the POINT OF BEGINNING.
Said parcel contains 7.21 acres more or less.
PREPARED BY.
THE LAND GROUP, INC.
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D. Required Findings from Unified Development Code
1. 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, 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 with a C -C zoning district
consistent with the FLUM designation of MU -C. Therefore, the Commission finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan and
should be compatible with adjacent existing and future uses (see section VII above for more
information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the C -C zoning district is
consistent with the purpose statement for the commercial districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Commission recommends that the Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Commission 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 -5B -3.E).
This finding is not applicable as the request is for a rezone.
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CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE September 16, 2014 ITEM # 7A
PROJECT NUMBER RZ 14-005
PROJECT NAME Southridge Commercial