Tribal Fire CPAM 14-002 AZ-14-013CITY OF ME, RIDLAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
(/'WE IDIAN,
II]AHO
In the Matter of the Request for Comprehensive Plan Map Amendment from Low Density
Residential to Commercial AND Annexation of 1.44 Acres from the RI Zoning District in Ada
County to C -G Zoning District; Located on the North side of E. Overland Road; east of S. Topaz
Avenue, by Tribal Fire Systems.
Case No(s). CPAM-14-002 and AZ -14-013
For the City Council Hearing Date of: December 16, 2014 (Findings on December 30, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 16, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 16, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 16,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 16, 2014, 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 I 1 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-14-002 and AZ- 14-013
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 Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached staff report for the
hearing date of December 16, 2014, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for comprehensive plan map amendment and annexation is hereby
approved per the conditions of approval in the attached staff report for the hearing date of
December 16, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5E -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11 -5E -3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 16, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-14-002 and AZ -14-013
-2-
By action of the City Council at its regular meeting held on the _ day of l ,
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIl2D VOTED
COUNCIL MEMBER DAVID ZAREMBA
VOTED
COUNCIL MEMBER JOE BORTON
VOTED VA(/i0 p,,
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COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
or TaqW de e
p"G`-D n UG'U
Attest:
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Clerk `�
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By. Dated: 13I 31 l
City Cler 's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-14-002 and AZ -14-013
-3-
EXHIBIT A
STAFF REPORT p
HEARING DATE: December 16, 2014 CVI E IDIAN
TO: Mayor and City Council 1 d A H C?
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: CPAM-14-002 and AZ -14-013 —Tribal Fire
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has submitted an application for the following:
1) an amendment to the Future Land Use Map contained in the Comprehensive Plan to change the
land use designation on 2.92 acres of land from Low Density Residential (LDR) to Commercial; and
2) annexation of approximately 1.44 acres of land from the RI zoning district in Ada county to the C-
G (General Retail and Service) zoning district.
See Section VII and Analysis, for more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM and AZ applications based on the Findings of
Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zonin
Commission heard these items on November 20, 2014. At the public hearing, the Commission
voted to recommend approval of the subiect CPAM and AZ request.
a.
Summary of Commission Public Hearine:
i.
In favor: Cherese McClain and Clarence McClain
ii.
In opposition: None
iii.
Commenting: Matt Rhees
iv.
Written testimony: None
v.
Staff presenting application: Bill Parsons
vi.
Other staff commenting on application: Caleb Hood and Ted Baird
b.
Key
Issue(s) of Discussion by Commission:
i.
Timing for the chanties to the concept plan and elevations.
ii.
Commissioning staff to study the surrounding LDR and MDR areas to determine a
more appropriate urban land use designation.
c.
Key
Commission Change(s) to Staff Recommendation:
i.
None
d.
Outstanding Issue(s) for City Council:
i.
A reduction to the landscape buffer (25' to 10') on the north boundary to accommodate
the driveway connection to S. Rolling Hill Drive and provide cross access drive to the
The
Meridian
property on the west boundary.
City Council heard these items on December 1.6. 2014. At the public hearing. the
.mune*]
;1
Summary
annroved the subject CPAM and A7, r uust
of City Council Public Hearin
L
In favor: Cherese McClain and Clarence McClain
ii,
In opposition: None
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 1
EXHIBIT A
1l1. Commenting: Steve Burak
iv. Written testimony: None
L Staff presenting application: Bill Parsons
}_i. Other staff commenting on application: None
12 Key Issues of Discussion by Council:
1. 1hp reduced landscape buffer Hid h along the north bn mdarv.
il. Compliance with the submitted concent plans
Iu creening requirements for the accessorystorage yard
g,Key Council Changes to Staff/Commission Recommendation
i. Council added a DA provision requiring the applicant submit an alternativ complian
application to allow the 35 -foot wide landscape buffer adjacent to Overland Road to be
measured from the face of curb for the purpose of cnnstructin a 17 -font -wide lands an
buffer on north boundary
I4 Council modified DA provision A. to require omnliance with the submitted con pt
plans and huilding elevations
iia Council mudified provision E. ti clarify the abandonment of the acc ssory s ora yard
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-
14-002 and AZ -14-013, as presented during the hearing on December 16, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-14-
002 and AZ -14-013, as presented during the hearing on December 16, 2014, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-14-002 and AZ -14-013 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 (parcel #51116347191; R7555000172; R7555000032):
The subject properties are located on the north side of E. Overland Road, east of S. Topaz Avenue
in the southeast 1/4 of Section 16, Township 3 North, Range 1 East.
B. Applicant/Owner:
Clarence McClain, Tribal Fire Systems
287 W. Shortline, Suite #101
Kuna, Idaho 83634
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment and annexation. A public
hearing is required before the Planning and Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: November 3, and 17, 2014 (Commission); November 24,
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 2
EXHIBIT A
and December 8, 2014 (Council)
C. Radius notices mailed to properties within 300 feet on: October 23, 2014 (Commission);
November 21, 2014 (Council)
D. Applicant posted notice on site by: November 10, 2014 (Commission); December 6, 2014
Council
VI. LAND USE
A. Existing Land Use(s): The site consists of three (3) parcels, zoned RI in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: County residences, zoned RI in Ada County
South: Silverstone Business Park and County residences, zoned C -G and RUT in Ada County
East: County residences, zoned RI in Ada County
West: County residences, zoned RI in Ada County
C. History of Previous Actions: NA
D. Utilities:
a) Location of sewer: Sanitary sewer mains are currently in E. Overland Road adjacent to the
subject site, and also extended approximately 50 feet north of E. Overland Road in Rolling
Hills Drive.
b) Location of water: Water sewer mains are currently in E. Overland Road adjacent to the
subject site, and also extended approximately 50 feet north of E. Overland Road in Rolling
Hills Drive.
c) Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities exist on this site.
2. Hazards: NA
3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and
development of this site must comply with the City's flood plain ordinance (Title 10, Chapter
6).
VII. COMPREHENSIVE PLAN ANALYSIS
EXISTING FUTURE LAND USE MAP DESIGNATION
These properties are designated Low Density Residential (LDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The LDR designation allows for the development of single family homes on
large parcels where urban services are available. Uses may include single family homes at densities of
3 dwelling units or less per acre which is consistent with single family residences developed in the
area. See Exhibit A.2 for current FL UM
PROPOSED FUTURE LAND USE MAP DESIGNATION
The applicant proposes to change the FLUM designation on approximately 2.92 acres of land to the
Commercial land use designation and annex approximately 1.44 acres (one parcel) with the C -G
zoning district.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 3
EXHIBIT A
Areas with the Commercial designation are intended to develop with a full range of commercial and
retail uses to serve area residents and visitors. Uses may include retail, wholesale, service and office
uses.
The applicant is requesting the CPAM to develop the middle parcel with a flex building. A conceptual
development plan and building elevations have been submitted that detail the look and feel of the
proposed development on the middle parcel. The other two (2) parcels are not proposed to develop at
this time however; the current owners wish to convert the land use to market the properties for
commercial uses.
Staff Analysis and Recommendation on the FLUM Change
The impacts of changing the FLUM potentially alter planning for schools, transportation, emergency
services, utilities, and other public facilities and services. Changes may have significant, long-term
budgetary and financial implications for the City. FLUM changes impact nearby residents and those
already doing business in Meridian. Staff questions the long-term appropriateness of large lot, low
density residential in such close proximity to the interstate, Overland Road and Eagle Road.
Except for the lots within Jewel and Rolling Hill Subdivision, most of the property between the
Ridenbaugh Canal and I-84 are designated Mixed Use — Regional (MU -R) on the FLUM. The
purpose of the MU -R designation is to provide for a combination of compatible land uses within a
close geographic area that allows for easily accessible services for residents and the workers. The
existing, surrounding land uses vary in this neighborhood. Lands directly to the north, east and west
are large lot residential properties. Lands to the south include commercial and a large residential
parcel. Land uses along Overland Road, and further to the east (into Boise) and west (Zamzows is
approximately 800 -feet away) are transitioning to non-residential.
Due to changes in and around the Eagle/Overland intersection over the past 10-15 years, Staff
believes that the lots within Jewel and Rolling Hill Subdivisions (approximately 95 acres)
should be analyzed, in whole, for a more applicable FLUM designation. Until this analysis can
be completed, Staff recommends that only the property between Topaz Avenue and Rolling Hill
Drive be changed on the FLUM. Staff requests Commission and Council direction on whether
or not to initiate a potential FLUM amendment for the lots within Jewel and Rolling Hill
Subdivisions.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The intended use of this property is single-
family detached residential. The proposed CPAMand AZ will change the rural residential nature
of the properties. To ensure the future commercial developments are compatible with the adjacent
properties, future development will be subject to the City's design review standards in the UDC
and the Meridian Design Manual.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 4
EXHIBIT A
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. City services are readily available to serve the proposed development with annexation
of the property.
c. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. The proposed CPAMdoes not incorporate a housing element however;
Staffwould like to analyze the remaining low density area to ensure land is adequately available
to support a variety of housing options.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming -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.
The subject properties are located adjacent to a large business park and the two major mobility
corridors. The amount of visibility and the level of public investment in infrastructure and
services like roads, park and ride lots, and medical make it a prime candidate for redevelopment.
e. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property. Because this property is already
within the City's Impact Area, public services such as police and fire protection are currently
provided to these properties.
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 subject application does not include a housing
element and should not impact the school system. If Commission and Council support staffs
recommendation for studying the area to determine an appropriate urban designation, staff will
analyze the impacts to the school facilities with the future comprehensive plan map amendment.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The proposed development will not be extended the public transportation system and can
adequately be served be the existing facilities that abut the site. ACHD has reviewed the
submitted concept plan and supports the proposed access to S. Rolling Hill Drive and cross
access to the western parcel.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 5
EXHIBIT A
i. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive 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. The subject properties are located within the flood plain. Prior
to any development occurring on these properties, the applicant will have to obtain a flood plain
developmentfrom the City.
k. Recreation
Recreation resources within Meridian include 17 developed City parks totaling approximately
240 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This site is not formally designated for recreational purposes.
1. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding request for land use changes.
The area surrounding the proposed development is primarily rural residential and the proposed
commercial development will change the residential character of the area. The applicant's
request to amend the Future Land Use Map to Commercial has spurred the question whether
other lands in the general vicinity are properly designated and available for redevelopment.
Except for the two (2) properties between Topaz Avenue and Rolling Hill Drive, further analysis
needs to be completed before staff can recommend approval for any additional changes to the
FL UM
in. 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 Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning and
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public's interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
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 unconstitutionally violate
private property rights and the requested changes were done so with the consent of the property
owner.
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 6
N0 I:
1. "Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to
ensure a wide variety of housing types can be developed and properly zoned and land is
available." (3.07.01A)
The applicant's request to amend the Future Land Use Map has spurred Staff to question whether
other lands in the general vicinity are properly designated and available far redevelopment. Staff
would like to analyze this area to ensure land is adequately available that supports a variety of
housing (and possibly commercial) options.
2. "Provide housing options close to employment and shopping centers." (3.07.02D)
The applicant is proposing to add to the employment options near existing residents. In the
general vicinity there are many shopping and employment options, however, the housing options
are limited There are several tracts of land (approximately 86 acres) that are vacant on the
south side of Overland Road that is currently designated Medium -density Residential on the
FLUMwhich should provide additional housing choices in the area. Lands in this area may make
a good mixed use development candidate.
3. "Require landscape street buffers for new development along all entryway corridors." (2.01.02E)
A 35 foot wide landscape buffer is required along E. Overland Road and a 10 foot wide
landscape buffer is required along S. Rolling Hill Drive in accord with the standards listed in
UDC 11 -3B -7C Landscape Buffers along Sheets.
4. "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.01F)
City services can be provided upon annexation and development ofthis site.
S. "...encourage utilization of unimproved or underdeveloped land within City limits in order to
maximize public investments, and curtail urban sprawl." (3.01.01E)
These and other properties within the Jewel and Rolling Hill Subdivisions are underdeveloped.
However, the level ofpublic investment in infrastructure and services like roads, park and ride
lots, and medical make it a prime candidate for redevelopment. To maximize the investments
made in this area, and discourage sprawl, this area should be analyzed for further redevelopment
potential.
6. "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development." (5.01.02B)
The proposed development is an infill project consistent with this objective. Staff would like to
further analyze the other properties in this area currently designated Low Density Residential in
the Comprehensive Plan for a more appropriate, urban designation.
7. "Restrict private curb cuts and access points on collectors and arterial sheets." (3.06.02D)
The submitted concept plan depicts an access to S. Rolling Hill Drive which complies with the
access management policies contained within the Comprehensive plan, UDC Il -3A-3 and the
transportation authority. However, the plan is lacking cross access with the adjacent property to
the west. The submitted concept plan depicts a secured storage yard which restricts cross access
between the properties. Staff is amenable to a secure storage yard in the interim because the
applicant has future plans ofconverting the flex building into a multi -tenant commercial building
in the future. Prior to the Council hearing, the applicant should provide a revised concept plan
that depicts a paved cross access driveway to the adjacent property on the west.
8. "Designate land for a variety of uses." (3.05.01H)
There are several lands throughout the City/Area of City Impact already designated Low Density
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 7
EXHIBIT A
Residential. Staff believes a majority of the subject site is better suited for commercial than low
density residential due to its proximity on to 1-84 and Overland Road corridors.
9. "Protect existing residential properties from incompatible land uses development on adjacent
parcels." (3.06.0117)
With the annexation request, the applicant is requesting the C -G zoning district adjacent to single
family residence. Typically, a 25 foot wide landscape buffer is required however; the applicant is
requesting the Council grant the approval of a 10 foot wide landscape buffer on the north
boundary. The landscape buffer is not applicable for the property on the west because it is part of
the requested CPAM To ensure the development is compatible with the adjacent SF residence,
staff recommends the northern boundary be developed with a fence and dense landscaping,
restricted hours of operation and prohibiting speck uses from developing on the property.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G) - 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. Six Districts are designated which differ in the size and
scale of commercial structures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways.
B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C -G zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the C -G zoning district.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table] 1-2B-3 and UDC 11 -3B -7C for the C -G zoning district.
• Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11 -3B -8C.
• Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-
2B-3 and UDC 11 -3B -9C. The applicant is seeking a Council waiver to construct a 10 foot
wide landscape buffer on the north boundary instead of the 25 foot wide landscape buffer.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the proposed
commercial development.
F. Future development of this site must comply with the structure and site design standards set forth
in UDC 11-3A-19.
G. The accessory outdoor storage must comply with the standards set forth in UDC 11-3A-14.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the future land
use map (FLUM) contained in the Comprehensive Plan to change the land use designation on
approximately 2.92 acres of land from Low Density Residential (LDR) to Commercial (see Exhibit
A.2). As noted above, the applicant does not have a detailed vision for how the parcel east of S.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 8
EXHIBIT A
Rolling Hill Drive could re -develop and an existing residence is developed on the property,
therefore Staff does not recommend approval of a Future Land Use Map change at this time for
that parcel. Instead, Staff recommends that parcel, and others within the Rolling Hill and Jewel
subdivisions, be analyzed to ensure the most appropriate land use designation(s) are applied.
See the analysis included above in Section VII and the Findings in Exhibit C below for more
information.
ANNEXATION (AZ): The applicant proposes to annex 1.44 acres of land (one parcel) from the RI
zoning district in Ada County to the C -G zoning district is consistent with the proposed Commercial
FLUM designation.
Site Plan: At this time only a single parcel is proposed to develop. The applicant has submitted a
concept plan that depicts a 5,000 square foot building envelope, a secured storage yard and the
associated parking area. In general, staff is supportive of the proposed concept plan however;
staff recommends several revisions to the concept plan as follows:
1) The site plan should incorporate the total square footage of the building including the
future building expansion and a conceptual parking layout for the secured storage yard
including a 25 -foot wide cross access drive to the western property;
2) Relocate the proposed and future parking area outside of the 35 -foot wide street buffer; and
3) Shift the building to the west to accommodate the future building expansion, the proposed
parking area, a 25 -foot wide drive aisle and the future parking area.
Building Elevations: Conceptual building elevations were submitted for the proposed flex building
as shown in Exhibit A.5. Design features include a mixture of CMU block, stucco, metal awnings,
decorative cornice and varying roof planes. Per the UDC, the flex building is characterized as a use of
a building for office and warehouse designed with an attractive exterior appearance. Staff is
supportive of the proposed building materials however given its proximity to other high quality
commercial development and is located on a entryway corridor; staff recommends the following
revisions to the conceptual building elevations:
1) The applicant should extend the decorative cornice along the entire south and west
boundary and the stucco treatment should terminate below the cornice;
2) Remove the metal awning from the north elevation and provide a metal awning over the
windows on the south elevation;
3) Provide a minimum of three (3) CMU block colors (2 body colors and one accent band
color);
4) The accent block band along the entire perimeter of the building should protrude on all
four sides of the elevations to articulate the wall plane.
This parcel also abuts a single family residence, specific development plans are not proposed the
western lot and transitional zoning is not proposed, staff is also recommending restricting both
specific uses and the hours of operation on the site.
To ensure the site develops consistent with the Comprehensive Plan, the conceptual
development plans and is compatible with the adjacent residences, staff recommends a DA as a
provision of the annexation. Staffs recommended DA provisions are provided in Exhibit B.
Access: One full access is proposed via S. Rolling Hill Drive, an internal local street, in accord with
UDC 11-3A-3.
As previously mentioned, the applicant intends to develop and operate a flex building
(office/warehouse) with ancillary secured storage yard. Future development plans include
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 9
EXHIBIT A
expanding the building and converting it to a multi -tenant retail building. Because the CPAM
includes the property to the west and the two parcels are contiguous, staff is of the opinion the
two parcels could benefit from cross access. Staff is supportive of the secured storage yard in
the interim until the building converts to multi -tenant retail in the future. Prior to the Council
hearing staff recommends the applicant revise the concept plan as noted above. With the CZC
and DES submittal, the applicant should provide a copy of the recorded cross access agreement.
Landscaping: A 35 -foot wide sheet buffer is required along E. Overland Road, an entryway corridor
and a 10 -foot wide street buffer is required along S. Rolling Hill Drive, per UDC Table 11-213-3.
These buffers are measured from the back of the sidewalk. These buffers must be designed (mix of
trees, lawn, shrubs and other vegetative grormdcover) in accordance with the standards listed in UDC
11 -3B -7C.
Typically, a 25 -foot wide landscape buffer is required when commercial uses (C -G zoning
district) abut a residential property, per UDC Table 11-2B-3. Landscaping is required in accord
with the standards listed in UDC 11 -3B -9C. The applicant is seeking a Council waiver to
construct a 10 -foot wide landscape buffer. The applicant is seeking the reduction in order to
comply with the City's parking regulations and vehicle ingress and egress. Details of the buffer
have not been provided with the subject application however; the buffer must be comprised of a
mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover that
results in a barrier that allows trees to touch at the time of maturity; unless a fence is installed.
The applicant is proposing a screen storage yard adjacent to the residence to further screen the
commercial business. Because the commercial activity is oriented towards the street, delivery of
materials are sent directly to the job site, the site is being restricted to specific uses (office, flex
space, retail andprofessionaUpersonal service) and hours of operation, staff is supportive of the
buffer reduction. This buffer is required to be installed with the development of the site.
Accessory Outdoor Storage: The applicant is proposing to develop a secure outdoor storage yard on
the subject property. Per UDC 11-3A-14, outdoor storage yards in commercial districts must be
incorporated into the overall design of the buildings and site landscaping so that the visual impacts of
the yard are fully screened from view of adjacent properties and the public streets. On the submitted
concept plan, the applicant is proposing decorative screening in the form of block pilasters and 6 -foot
tall cedar fence adjacent to Overland Road and a 6 -foot tall cedar fence along the west and north
boundary. On the east boundary chainlink fencing is proposed which does not adequately screen the
yard from S. Rolling Hill Drive. Because this property is located on an entryway corridor, staff
recommends the applicant replace the chainlink fence on the east boundary with the same fence
materials proposed along Overland Road. Prior to the Council hearing, the applicant should
make this revision.
Hours of Operation: Hours of operation in the C -G district are restricted from 6am to 1 ]pm, when
abutting a residential use per UDC 1-213-3A.4.
Existing Easements: The property proposed for annexation is a lot and block within the Rolling Hill
Subdivision. With the platting of the property, a 10 -foot wide a public utility and drainage easement
was established that runs through the middle of the property. This platted easement impacts the
location of the proposed building and must be vacated. Prior to submitting the CZC and DES
application, the applicant must obtain approval of a vacation application.
Flood Plain: The subject properties are encumbered by a flood plain. Development in the flood plain
will require the approval of a flood plain development permit prior to construction commencing on
the site.
Sidewalks: UDC 11-3A-17 requires detached sidewalks to be constructed along all arterial streets.
An existing 7 -foot wide attached sidewalk is constructed along E. Overland Road. Because this a
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 10
EXHIBIT A
fairly new sidewalk staff is not recommending the applicant construct a new 5 -foot detached
sidewalk. However, the applicant is responsible to construct a new 5 -foot wide attached sidewalk
along the entire S. Rolling Hill Drive fi•ontage.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied
by a year-round source of water. The applicant should be required to utilize any existing surface or
well water for the primary source. If a surface or well source is not available, a single -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 signature
on the final plat by the City Engineer. An underground, pressurized irrigation system should be
installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15
and MCC 9-1-28.
Certificate of Zoning Compliance (CZC) and Design Review (DES): If the City Council approves
the CPAM and Annexation request, a CZC and DES application is required to be submitted to the
Planning Division prior to applying for a building permit. The proposed commercial development
must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
Staffrecommends approval of the proposed CPAMand AZ applications ivith the development
agreement provisions in Exhibit B and the Findings in Exhibit C.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing and Proposed Future Land Use Map
3. Legal Description and Exhibit Map for Annexation
4. Proposed Concept Plans (NOT " ) (RE
5. Conceptual Building Elevations ("TOTS) (REVISED)
B. Agency and Department Comments/Conditions
C. Required Findings from Unified Development Code
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 11
I
Exhibit A.1: Vicinity Map
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EXHIBIT A
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Tribal Fire - CPAM-14-002; AL -14-013 PAGE 12
EXHIBIT A
Exhibit A.2: Existing and Proposed Future Land Use Map
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Staff recommends this
parcel remain LDR.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 13
EXHIBIT A
Exhibit A.3: Legal Description and Exhibit Map for Annexation
FOX Land Surveys, Inc.
1515 South Shoshone St. A Boise Idaho A 83705 A 208.342-7987 A 208.342-7437 FAX
ANNEXATION DESCRIPTION
LOT 1, BLOCK 2, ROLLING HILLS SUBDIVISION,
AND PART OF THE RIGHTS-OF-WAY ADJACENT THERETO,
LYING IN THE SOUTHWEST 114 OF THE SOUTHEAST % OF SECTION 16,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights -of -Way Adjacent thereto,
Lying in the Southwest 1/4 of the Southeast Y4 of Section 16, Ada County, Idaho, more
particularly described as follows;
A. COMMENCING at the found Brass Cap Monument marking the South Quarter
Corner of Section 16, the POINT OF BEGINNING;
B. thence along the North-South Center Line of Section 16, also being the westerly
boundary of Rolling Hills Subdivision, North 00005'23" West, a distance of 186.03
feet to a set 5/8 Inch rebar with plastic cap stamped "FLSI PLS 13934" marking
the northwest corner of Lot 1;
C. thence along the common boundary of Lots 1 and 2 and the easterly
prolongation thereof, South 89012'44" East, a distance of 335.73 feet to Its
Intersection with the Center Line of Rolling Hills Drive;
D. thence along said Center Line, South 00°05'24" East, a distance of 186.76 feet to
its intersection with the southerly boundary of Section 6;
E. thence along said boundary, North 89°13'28" West, a distance of 335.73 feet to
the POINT OF BEGINNING.
Containing 62,706 square feet more or less.
Any modification of this description shall render it void.
Refer to the Attached Exhibit titled, "ANNEXATION EXHIBIT",
Fox Land Surveys, Inc.
Thomas A. Judge, Project Manager, PLS 13934
END OF DESCRIPTION
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Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 14
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EXHIBIT A
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Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 15
EXHIBIT A
Exhibit AA Proposed Concept Plans (NOT " ) (REVISED)
E. OVERLAND RD.
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Tribal Fire - CPAM-14-002; A7-14-013 PAGE 16
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Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 17
EXHIBIT A
B. Agency and Department Comments/Conditions
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of ordinance adoption, and the developer. A certificate of
zoning compliance application will not be accepted until the DA is recorded. The applicant
shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting
annexation. A fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall, at minimum, incorporate the following provisions:
A. The development of this property shall comply with the concept plans and the buildin
elevations in Exhibit A. Future development of the site shall be consistent with the design
standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Priex to the
C
• the A.Inr. haildiag ..o....... ion and .. Pan .,., Anal ......1rinP 1.,vent4- r tl..... pe eu F- ed
cM..............d :....L. d:.... n 1C 1....4 ..,:d........ m....gess d..:..n 4.. H.....,....4..,... ...........t...
1 Relo me the .,,..,.,owd and future, parking ......a 0116Ad... t -he 95 f....t -_ a_ _t -.__t
Z Clift tl.., building to 41... west to appommethite tl,p f.Arir., hmildmmp P.,.naflse
A., -the
:..1., and ti,., fnt............l.d............
B. Hours of operation shall be restricted from 6am and 1 1pm in accord with UDC 11-213-3A.4.
C. Development of the subject property shall comply with the C -G standards listed in UDC 1I -
2B -3. The only uses allowed on the subject property are as follows:
1. Flex space;
2. Retail sales;
3. Professional and personal service; and
4. Office.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 18
EXHIBIT A
D. Future development of the site shall comply with the ordinances in effect at the time of
development.
E. Direct access to/from the site via E. Overland Road is prohibited in accord with UDCI 1-3A-3.
Cross -access shall be granted and constructed to the property to the west (parcel
#S1116347191) for future interconnectivity. With the change of use from flex space to any
other allowed use noted in provision C above, the accessory outdoor storage shall cease, for
e purpose of providing to €aeiHtnte cross access with the adjacent property. A recorded copy
of the cross -access agreement shall be provided with the Certificate of Zoning Compliance
application.
F. Certificate of Zoning Compliance and Administrative Design Review applications are required to
be submitted to the Planning Division for approval of all future buildings/uses on the site, prior
to applying for a building permit.
G. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 1I -
3A -14. The proposed fencing adjacent to E. Overland Road shall incorporate the decorative
block pilasters to match the building design as proposed. u_:,... t,. •hP, Coup oil fart g 4t
.n fla .. of Ad. outdd.mr std...agp, A'Ard ..M,.11 1.
d....:d."M wath the ... foe fd.....d......ter-a k /.. d.&A -...d...osed nking Qyg
H. The applicant shall submit an alternative compliance application to allow the Overland Road
landscape buffer to be measured from the face of curb. The applicant shall construct a 17 -font
wide landscape buffer on the north boundary and landscape the buffer in accord with UDC' 1 1
3B -9C. - UDC
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District a floodplain permit application, including
hydraulic and hydrologic analysis is required to be completed and submitted to the City and
approved by the Floodplain Administrator per MCC 10-6.
2.1.2 Applicant shall be required to extend the sanitary sewer and water mains in Rolling Hills Drive
from their current point of terminus to their north parcel boundary line extended per MCC Title 9.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 19
EXHIBIT A
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -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
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Past Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-311.
2.2.17 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.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 20
EXHIBIT A
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian hnprovement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
This application is for annexation and rezone only. The District may add additional findings for
consideration when it reviews a specific development application. Site Specific Conditions will be will
be established at that time.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 21
EXHIBIT A
STANDARD CONDITIONS OF APPROVAL
7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.4 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.
7.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.6 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.
7.7 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.
7.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.9 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.
7.10 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.
7.11 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.
7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. 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 ACHD Policy and Standard conditions of approval in
place at the time unless a waiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 22
C. 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 Council finds that the proposed changes to the Future Land Use Map for the two (2)
contiguous parcels are generally consistent with elements of the Comprehensive Plan as
detailed in Section VII above. However, the Council finds the property located on the
east side of S. Rolling Hill Drive should remain LDR until further analysis is completed
to determine the most appropriate land use for this property and the remaining
acreage for the Jewel and Rolling Hill Subdivisions.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The Council finds that the proposal to modify the Future Land Use Map to allow for the
commercial use on this site will be compatible with existing residential uses in the nearby
vicinity if the applicant:
1) Screens the outdoor storage yard from the public streets and the adjacent properties
and constructs a dense landscape buffer along the north boundary;
2) Restricts the hours of operation between 6am and l Ipm and;
3) Prohibits certain uses on the property as noted in Exhibit B.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Council finds that the proposed amendment is generally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Council finds the proposed amendment will be compatible with the existing residential
and commercial uses developed in the area.
f. The proposed amendment will not burden existing and planned service capabilities.
The Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services are available to be
extended to this site. Because this property is already within the City's Impact Area, public
services such as police and fire protection are currently provided to these properties.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The Council finds the proposed commercial development is consistent with the proposed
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 23
EXHIBIT A
map amendment, will not significantly impact development in this area and provides a
logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII, VIII, IX and the subject findings above, the Council
finds that the proposed amendment is in the best interest of the City.
2. ANNEXATION FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant the 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 annex one of the subject properties to the C -G zoning district.
The Council finds that the proposed map amendment (zoning) is generally consistent with the
proposed Commercial land use map designation requested for this site. Therefore, the
Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the C -G zoning district is generally
consistent with the purpose statements of the commercial district in that it will contribute to
the range of commercial opportunities available within the City.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral and written testimony provided to determine this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-511-3.E).
The Council finds the annexation of this property with the C -G zoning district is in the best
interest of the City if the applicant enters into a development agreement and adheres to the
recommended development agreement provisions in Exhibit B and the development
regulations in the Unified Development Code.
Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 24