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Kennedy Commercial Center RZ 08-005ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 39 BOISE IDAH010131108 08:45 AM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 10511'~85~ Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DBSI Meridian I84, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ ~D~' day of~i~p~~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and DBSI Meridian I84, LLC, whose address is 1550 S. Tech Lane, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Properly; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C-G, General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 1 OF 10 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7th day of October, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and aze incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 2 OF 10 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to DBSI Meridian I84, LLC, whose address is 1550 S. Tech Lane, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, including design review standards. 2. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall generally comply with the conceptual site plan and include the materials found in the building elevations submitted to the City as shown in Exhibit A.2 and A.3 of the staff report, as amended herein, and with the requirements of this Development Agreement. The City acknowledges the ultimate owners and users of each parcel within the property will be determined by market demand, and therefore, the ultimate number and design of the buildings within the property may vary from those contained in Exhibit A.2 and A.3 of the staffreport. Construct a minimum of DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 3 OF 10 8 and a maximum of 20 buildings on this site. The maximum total square footage for all the structures located within Kennedy Commercial Center Subdivision shall be limited to 324,579 square feet (i.e. 120% of the square footage listed on the conceptual site plan). No single building shall exceed 80,000 square feet without the Developer obtaining a conditional use permit. Further, no building shall exceed 3 stories in height. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 5. The applicant shall comply with all applicable previous conditions of approval for this site, including those associated with CUP-O1-009, PP-07- 013, and FP-07-036. To the extent a condition of approval and/or zoning determination for this site conflicts with another condition of approval and/or zoning determination for this site, the more recent condition of approval and/or zoning determination shall control. The Planning Director shall determine if a conflict exists between earlier and later provisions. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-G zoning district listed in UDC Table 11-2B-2. 7. No change in the uses specified in this agreement shall be allowed without modification of this agreement. Outdoor study areas associated with the education facility shall be located on the south side of the building away from the interstate. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 4 OF 10 Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: OwnerlDeveloper shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 5 OF 10 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (3 0) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreetbat no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 6 OF 10 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: DBSI Meridian I84, LLC 1550 S. Tech Lane Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 7 OF 10 upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DBSI Meridian I84 LLC, an Idaho limited liability company By: DBSI 2006 Land Opportunity Fund LLC, an Idaho limited liability company Its: Member By: DBSI Land Development LLC, an Idaho limited liability company Its: Manager By: Jeremy Swenson, Manager City of Meridian By: Mayor Tamm de Weerd `````~~OF ~ ~~'~f ~''~~,,,' ATTEST: ``\~~~~`~,~y 00,9 ,~~~, Fo ~~ aycee Holman, City C#cerk .r ~ '% yO _c~'T '.°P O rrnrn ii+~~ DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 9 OF 10 STATE OF IDAHO County of Ada ss On this ((~~day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeremy Swenson, known or identified to me to be the Manager of DBSI Land Development LLC, which limited liability company is known or identified to me to be the Manager of DBSI 2006 Land Opportunity Fund LLC, which limited liability company is known or identified to me to be the Member of DBSI Meridian I84 LLC, and acknowledged to me that he executed the same on behalf of said limited liability company and that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. ~, ~~ 61 ~ _ / ~ ~~ •.~ O aj'~.•' ~©T AR p ~' ern s Zy ~UBLtiG: STATE OF IDAHO ) ss Notary Public for I Residing at: My commission expires:_ ~- County of Ada ) On this 2~ day of C'~C`I~G ~~/ , 2008, before me, a Notary Public, personally appeazed Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day an~ yeaz in this certificate first above written. .~•• '•. ~~Q'g,A M ~,~'~~ • ~O T9 ~~',~;; • ~' , • ~ ~G ,~,; (SEAL) : ; otary Public for Idaho . ~ ~ . Residing at: • ~, • Commission expires: - DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 10 OF 10 CITY OF MERIDINV PLANNING DEPARTMENT STAFF' REPORT FOR TEI6 IDrARING DATE OF SEPTEMBER 23, 2008 4. Legal Description dt Exhibit Map for Property proposed to be Rezoned C-G 1W0'i'~1-OSTQl~i 1~it8A~ COII~ANY aae~aaao ~acmvee~, w~ ~nctmro~s~ate~ eoag ar~so.aata aaaie • awctmsas~~ea Projatl~s 07041 Datrt Jtt~ 11.200$ Page: l of 1 dA° Lend Deaedptina-For L ~8 Pntpnsem afPtoposed Key Com~+elal Carter 9nbdivisioa A parcel oflend Weeted in flrt S$1/a of flea ~ i/4 of 9edian 13. Toa~sMg 3 Nano, Range 1 Nest;BolSaMecidiea,AdsCeamtl-,Idetw,mmepatdaaladgdeserlltedesf~Oliowrt COTC>!~iO at a fain SB° nor dm 8oath 1!a ~ of ssld 9~ 13. flaw wMah a fund 1Pl° nor die ec~ eomomn m 98d~ 13. ta; z3 a~ 2a beaus N.89°07°a2"OV., Zti55.d2 feet; dnn~, the southmly Ike of said Sedum 13 (ortd~liae of W. Overlated Rosa. A) N.~°07~Z"'Nq 577.77 ~ to tla! 1~IIVT lyP 8~G14a111114a1O:16~co. g 1) N.89°8T?a"W, 750.07feotlo~eso~rwt raa@eroftheSE llaofthe SR- V4 of said 8ecdon 13: almtg due wasterlr Ilea of sa4188 ld4 afdua SW t/., 2) 1~00°31"Sfl"$.. 1123.83 ~~a fbmd St8" reUar on the sou~mrlr>~~-war 1lsa of 1Na~aHi~warl-84; d~ sloop asldsoutherly ~8~-~~9 ~ 3) 9.89°34'29"8.1327.37 tad to ai~4/0°ca~on~eaat~iyliaeof sal<l S8 ~ua~ofjd~aa~S~yW~./ u~4p;~t.6~~„ atoa8y~9d~~ -~lin~~,, ~) ~.1WJV67 AH.70~.79 tO BiYWiY J70 iW7i1i~. S) N.89°40'S7uW., 578.55 fed to a feumd SIS° ieb0t; thee, ~ .g.oa~as3a°~v. $az.~ met m die ron+1`~ o~' a~nva+IC'. COIVTA@1II1TGe 27.17 arras. ante ~ lei. BQHJLt.°P TOs All Cov~ats, Rigb~af Way, Easamams of Record cad auy ~w ~ ~~ rsroroan smr~tea Razes 80~ • 4O8UR d'ALEI1iB • CALDW134L Enhibit A 5 c~ of "~~rol"'" ~~E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION & ORDER In the Matter of the Request for Rezone of 27.17 Acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial) for Kennedy Commercial Center, by DBSI Meridian I84, LLC. Case No(s). RZ-08-003 For the City Council Hearing Date of: September 23, 2008 (Findings on the October 2, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 23, 2008, inwrporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 23, 2008, 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-fl8-003 -1- 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 greeted as order of approval in accordance with this Decision, which shall be signed by the Mayor aed City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected Party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of September 23, 2008, 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 Otder Pursuant to the City Council's authority es 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 request as evidenced by having submitted the legal description and exhibit map prepared by Steven J. Frisbie, PLS, dated 6/11/08.is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of September 23, 2008, incorporated by reference. D. Attached: StaffReport for the hearing date of September 23, 2008. CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-003 -2- By action of the City Council at its regular meeting held on the day of t~~ 2008. COUNCII. MEMBER DAVID ZAREMBA COUNCIL MEMBER J6E-BAR~91~. ~~c ~,~,~.,n COUNCIL MEMBER CHARLIE ROUNTREE COUNCII. MEMBER KEITH BIRD MAYOR TAIVIlVIY de WEERD (TIE BREAKER) Attu: Jaycee H~61man, City Copy served upon Applicant, Attorney. VOTED~~- VOTED VOTED VOTED VOTED "'- weerd Public Works Department and City B Dated• ~~'9 "fig City Clerk's Office CI1Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-003 `````~, d • ~lY1fi~Y~.`~J `~~y~ ~e '- ''O•T' 1~ •,~~ %~d,. ~r, ~~.'. -3- CITY OF Nffit>DrAN PLANNING DEPARTN1EMf STAFF REPORT FOR TIC HEARING DATE OF SEPTENIDER 23, 2008 STAFF REPORT Hearing Date: September 23, 2008 TO: Mayor & City Council ~ ~T FROM: Sonya Wattera, Associate City Planner E IDIL~I~I (208) 884-5533 l D A H 0 SUBJECT: Kermedy Commercial Canter • CPA-08-005 Comprehensive Plan Map Amendment to change the land use designation on 33.59 acres of land from Industrial to Commercial • RZ-08-003 Rezone of 27.17 aer~ from I-L (Light Industrial) to C-G (General Retail aad Service Commercial), by DBSI Meridian I84, LLC 1. SUNIlVIARY Dp;SCRipTION OF APPLICANT'S REQUEST The applicant, DBSI Meridian I84, LLC, is requesting approval to amend the Comprehensive Plan Future Land Uae Map (CPA) to change the land use designation on 33.59 acres of land from Industrial to Commercial. A Rezone (RZ) is also requested to change the zoning designation on a portion of the CPA area, 27.17 acres, from I-L (Light Industrial) to C-G (General Retail & Service Commercial); the remaining age is proposed to remain I-L. This rezone is contingent upon approval of the Future Laad Use Map designation being amended to Commercial. The property is cuaently within the corporate boundaries of the City of Meridian. The site is looted on the north side of Overland Road, on the south side of I-84, approximately 1/4 mile east of Linder Road. The applicant states in their application letter that, if approved, they intend to develop a portion of the property with a 35,000 square foot adult education a~ office facility and rent it to the University of Phoenix. The current I-L zoning of the property and Industrial land use designation do not allow for education institutions. 2. SUNIlVIARY RECOIVIIVI~NDATION Staff has provided a detailed analysis of the requested CPA and RZ applications below. After careful review, Staff has determined that allowing a "Commercial" Map designation and C-G zoning on the subject property would be in the best interest of the City due to the location of property adjacent to the imerstate and its proximity to other commercially zoned properties and the Ten Mile interchange area. Staff is r~ommending approval of the CPA & RZ applications per the Analysis in Section 10 and the Flndlags lilsted In EsLiblt C of this staff report. Per Idaho Smote Code, ?title 67, Chapter a3S, the Commdssdon may recommend amendments to the farad use map component of the Comprehensive Plan to the governdng board only once every sdx (6) months. The Commission should note that there are several other Comprehensive Plan Map Amendments (9 total), also scheduled be heard on August 7, 2008. Staff antdcdpates that additional time may be necessary to make it through all of the CPA appldcatdons. Therefore, if the Commissdon ds inclined to make a favorable recommendation of the subf ect CPA applicatdon, Staff ds recommenddng that thds application be contdnued to the heardng date of August 14, 2008, in hopes that recommendations on all the CPA applicatdons can occc~ at that orae tdme. Kennedy Commercial Centex CPA RZ PAQE 1 CITY OF NIER>DIAN PLANNING DBPARTMENT STAFF REPORT FOR TIC HEARWG DATE OF SEPTEIVV~ER 23, 2008 The Meridian Pbtnning & Zoning Commission beard this item on August 7 and 14.2008. At the public hearing on August 14.2008 they moved to recommend approval of the sabied CPA and RZ reaaest. a Summary of Commission Public Hearhtg: i. In favor: Richard Andras: Russ Mem'm, ii. In onpositton• None iii. Commenting: None iv Written testbnoav: Richard Andras v. Staff presenting appUcatlon: Caleb Hood: Anna Capnis~t vl. Other staff comme~3ng on application: None b. Key Issue(s) of Discussion by Commission: i. c_'-~,ncern abort how 38 bmlldinga as proposed by the applicant. world be situated on the roe ii. The applicant's remaest to mod_.. DA provision #2 per the letter submitted by Richard Andras: and iii. ]?i~cnnsulon abort limiting the malaimnm number of buildings on the site to 20 bz$bead_of 3S as requested by the applicant. G ICev Commmission Change(s) to Staff Recommendation:- i. Modify DA provision #2 to aIIow np to 20 baildbsgs to be constricted on the site instead of 14 (ace ease 11): ii. Modify DA provision #2 to reflect the other cbangm requested by the applicant. d. Outstanding Issue(s) for City Conncfl: i. The Connell should determine if the Commission's recommended change to the DA. as noted on page 11. are appropriate. iL The Council should determine if a Commerdal land use designation and GG zoning di~niet as requested is appropriate for this property, ~ 4 mmarv o f City omtcil Pn lic H_grGnv: ~ In favo r. Hethe Clark: Bill Bach ~ In on~ siNon• None Co m Nng: None written testbnonv: None ~ ff nr esen ng inn icadon: So a Wafters ~ Sher s taff m m .n*ing nn inn ication: nna Ca nine ~ Kev Issues of Discpssio by Co_ until: Ifther~" ars n..+dnnr a*n_dv pro, oa oaan..iot_arl vri+ aY l~ fAa i_TniyprQifiy nf'P1~nen~Y_ tbeV shoo`ld 6 e a~n,,,the south side of the buil a npl es a noise abatement waII is constru cted on he north side of ttie b 0 ire a dlacent to the interstate: and ~, The Cit y is nnii~g out of land dm grated for ~Lndnstdal use. a - Key Cnunc` LChanges~o~taffLCommissionReco me~_ndation ~ ~ and Cit y o ncil's rearrest [ na Qection 10 of i lia ff repork na_ae 121. ~ Add a D A provision for o~donr study reds a ssociated with the ednmNon facility to i.p Ip_not ed the •~ h side of the 6~1 ing aw ay from ttie interstate. Kennedy Commercial Center CPA RZ PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMEN'!' STAFF REPORT FOR TEIE HEARWG DATE OF SEPTEMBER 23, 2008 3. PROPOSID MOTION Approval I move to approve File Numbers CPA-08-0OS and RZ-08-003, as presented in the staff report for the hearing date of September 23, 2008. Continuance I move to continue File Numbers CPA-08-005 and RZ-08-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific t~sam(s) for continuance.) Dental I move to deny File Numbers CPA-08-005 and RZ-08-003, as presented during the hearing on September 23, 2008, for the following reasons: (you should state specific reasons for denial.) 4. APPLICATION AND PROPERTY FACTS a. Site Addreas/Location: 1250 W. Overland Road (Parcel No. S 1213346700) Southwest''/a of Section 13, Township 3 North, Range 1 West b. Owners: DBSI Meridian I84, LLC 1550 S. Tech Lane Meridian, Idaho 83642 c. Applicant: Same as Owner d Representative: JoAffi Butler, Spink-Butler, LLP 251 E. Front Street, Ste. 200 Boise, Idaho 83702 e. Present Zoning: I-L (Light Indushial) f. Present Comprehensive Plan Designation: Industrial g. Applicant's Statement/Juatification (reference submittal material): `°I'he applicant proposes that a lot in the Kennedy Subdivision be developed by Metro Commercial Properties to rent to University of Phoenix as a 35,000 square foot adult education and office facility. The I-L zone under the current UDC, however, does not allow higher education facilities. As discussed with staff, the applicant's present applications reflect the circumstances in the surrounding area, and the applications would allow the University of Phoenix project to proceed while simultaneously r~ognizing the continuance of the existing light industrial uses on the Herman parcel " See appdicant's narrative for more deformation 5. PROCESS FACTS a. The subject application will is fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the pmvisia~ns of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. Kennedy Commercial Center CPA RZ PAGE 3 CITY OF MERmIAN PLANNING DEPARTI4I®VT STAFF REPORT FOR TIC HEARING DATE OF SEPTEIVIDER 23.2008 b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: July 21, and August 4, 2008 (Commission); September 1. and 15.2008 (City Cotmcin d. The Public Service Announcement was broadest faxed on: July 11, and August 4, 2008 (Commission); September 12.2008 (City Coundll e. Radius notices mailed to properties within 300 feet on: July 14, 2008 (Commission); An Z 2008 (City Coaaccin f. Applicant posted notice on site by: July 19, 2008 (Commission); Aaeast 30.2008 (City Conn 6. LAND USE a. Existing Land Use(s): The 26 +/- acre parcel (Kennedy Commercial Subdivision) is currently vacant and is in the development process; the smaller 6.5 +/- acre property is developed as Western Electronics, a manufacturing company. b. Description of Character of Surrounding Area: A mix of undeveloped land and developed commercial and industrial uses. c. Adjacent Land Use and Zoning 1. North: I-84, zoned R-4 2. East: Western Electronics property, zoned I-L and Mountain View Equipmerit, zoned C-2 (Ada County) 3. South: Overland Road and existing rural residential properties, zoned RUT 8t Rl (Ada County) 4. West: Vacam property, zoned I-L d. History of Previous Actions: • A Planned Development/Conditional Use Permit (CUP-01-009) was approved for this property in 2001, under the name of Treasure Valley Technical Center, which allowed for daycare, office, and retail uses with conditional use permit approval is the I-L zone. The conditions of this CUP ruri with the land and are still in e,~'ect. This CUP applied to all of the subject property, including what is now the l~estern Edectronics/DBSIshe. • The private street, S. Tech Lane, proposed to be platted as a common lot within this development (Treasure Valley Technical Center), was approved by City Council on December S, 2000. • A Preliminary Plat (PP-07-013) was approved for the 26 +/- acre portion of the site to the north and wmt of Western Electronics in 2007 for 11 building lots and 2 common lots. • A Final Plat (FP-07-036) was also approved for this site in 2007 for 11 building lots and 2 common lots but has not yet been recorded. • A Conditional Use Permit Modification (MCU) was requested to CUP-01-009 in February 2008, to allow private education institutions as an allowed use in the I L zoning district through the existing planned development. The planned development for this site currently allows office, retail, and industrial uses in the I-L zoning district. The MCU application was Kennedy Commecoial Center CPA RZ PAGE 4 C1TY OF N~RIDIAN PLANNWO DEPARTMBIVT STAFF REPORT FOR TFIE DARING DATE OF SEP'fENBER 23, 2008 not acxepted by the Planning Director because private education institutions are a prohibited use in the I-L district. The applicant requested City Council review of the Director's decision; the Council voted to uphold the Director's decision and requested that the applicant apply for a Comprehensive Plan Map Amendment and Rezone. (Note: The Western Edectronlcs properly consists of tsre plotted land.) e. Existing Constraints and Oppommities: 1. Public Works City water Bt sewer mains have been constructed within the Meridian Freeway Associates project and will be extended as part of this proposed development. Sewer and Water flows must be determined by Public Works and operate in compliance with the Public Works standards. The existing Western IIectronics facility east of the site is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates and the Western Electronics facilities use the lift station, only the projected exceAas capacity in the receiving sewer is available for firture development. According to analysis completed under CUPOI-009, computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project must continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may sot discharge a flow greater than 80 gallons per minute at any time. A provision has been made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof; when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of flue project. This project must include relocation of the lift station to the northwest corner or installation of dry-lice sewer to the northwest comer with this project. The applicant shall be responsible for the eventual connection to the Black Cat Tnmk Sewer. 2. Vegetation: ATA 3. Flood plain: This property is not within the floodway or floodplain. 4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west and south boundary of the site and has been tiled. 5. Ha~rds: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning. C-G 7. Proposed Comprehensive Plan Future Land Use Map Designation: Commercial 8. Size of Property: 3359 acres in CPA; 27.17 acres in RZ f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): This property has frontage on E. Overland Road, I-84, and S. Tech Lane (a private street). Access is provided to both of the properties from S. Tech Lane. The Western Electronics parcel has one access point to/from E. Overland Road at the alt property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with tine property to the west. 7. COMMENTS MEETING On July 18, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Departmern, Meridian Police Departnneox, Meridian Parks Department, Kennedy Comme+cial Center CPA RZ PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TAB HEARIIVCi DATE OF SEPTEINBER 23.2008 Meridian Public Works Department, and Sanitary Service Company (SSC). Staff has included all commets and recommended actions in the attached Exhibit B. However, as no new development is proposed, the meeting was for informational purposes only; only the Fire Department and SSC submitted comments. 8. COMPREHENSIVE PLAN CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. Industrial areas allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage nits, light manufacturing, and incidental retail and office uses. The applicant is requesting a Map amendment to "Commercial" for the subject property. The requested Commercial designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desin3ble goals and objectives, or desirable future situations fat each Pig component." Staff has reviewed the subject CPA and RZ applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Commercial," page 105, Chapter VII: Purpose Statement: "This designation will provide a full zange 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 may be crested to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone:' The highly visible location of this property on Interstate 84 makes this property a goad candidate for commercial use rattier than industrial use. Additionally, die commercial use and zoning dial already exists on several of the properties to the east would help pratidde for a contiguous strdng of commercial uses along dzLs section of Overland It~d Further, the land do the west of Linder Road included in the Ten Mile Spec~ic Area Plan an die north side of Overland Road is designated Mixed Employment & Mixed Use Commercial. (Note: Two parcels directly to the west are designated Irtdustrdal on the Map and already zoned I-L. If die subject applications are approved, these two parcels consisting of 31 +/- acres and the Western Electronics site will be the only I-L properties do the area. Tlie downside of approving dtis amendment is that the (city is losing more of its already lbnited supply of industrial property.) • Chapter V, Goal III, Objective D, Actia~n 5 (page 43) -Require all commercial and industrial businesses to install and maintain landscaping. nth construction of a new builddng on this site, the applicant wddd be required to install internal landscaping within the parka'ng lot and around the perimeter of the site adjacent to vehicular use areas. Street buffer landscaping was required with the plat for this property. • Chapter VIi', Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. ICamedy Commercial Cep CPA RZ PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEIV®ER 23, ZOQB StgfJ`'bedieves that the proposed commercial use of this property wild asse'st in providing a variety of uses in this area of the City and will complement the existing commercial a-rd industrial uses ad,~acent to the site. • Chapter VII, Goal III, Objective A, Action 1 (page 111) -Ensure that adequate public services, including transportation, for existing and future developmnrt are provided. City services are currently in W. Overland Road and are available to the subJect property. Overland Road was recently widened to 3 lanes in front of the properly and wild assist in trafJ4c glow to and from this property. • Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. 5ta„~`'believes that the proposed Commercial designation and C-G zoning of this properly will be compatible with the existing commercial uses east of the site arad the future commercial uses to the west of Linder Road • Chapter VII, Goal N, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, bemia, etc.) With approval of the plat for this properly (Kennedy Commercial Subdivision), a ZS foot wide street bt~er was required along E. Overland Road and a SQ-foot wide street b-~'er was required along 1-84, mgJ'or transportation corridors into the city. Landscaping will ~ required within this bt~'er which will lend to the beautification of the area. Street bt~`er landscaping has already been installed on the Western Edec~onics site. • Chapter VI, Goal 1, Objective B (page 84) -Ensure compatibility of schools with neighborhoods and adjacent land uses (both commercial and residential). Sta„8`' believes that the proposed use of the property for an education facility wild be compatible with existing and future commercial and industrial land uses in the area. However, if this property is changed from industrial to commercial, the undeveloped properties to the west may request a similar change in the future. • Chapter N, Goal II (page 27) -Diversify economic base of City -make Meridian more than a "bedroom" community. Sta„Q`' believes that higher education provided by the proposed Um`versity of Phoenix wild help diversify the economic base of the City and continue Meridian's path to become more than a bedroom community. 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 Desiga 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 requite landscaping of new development to provide beautification All future construction on the subject site will require approval of a Cettificat~ of Zoning Kennedy Commenial Center CPA RZ PAGE 7 CITY OF MERIDIAN PI.ANNINO DEPARTNLI;+Nf STAFF REPORT FOR Tim HEAR1jYY0 DATE OF SEPTBIVIDER 23.21108 Compliance prior to conshuction. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian moat 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 c~arently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial use, Staff fords that this eleme~ is not applicsible to the subject application; housing was not envisioned for this area. 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 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportlmity throughout the City. In the past, the subject parcel was identified as appropriate for industrial uses to take advantage of what was seen as a boom in mamifacturing and development. However, Staff believes the increased commercial development within the immediate area and high visibility of the property has deemed this site more appropriate for retail, service, and office uses now. Staff would not be surprised if the undeveloped properties to the west also request a Map amendment and rezone in the future. e. Public Services, Facilities, and Utilities The property involved in this request has aces to existing public facilities and services. 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. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote as efficient and safe transportation system within the City. Staff believes the proposed plan amendment will not negatively impact transportation within the City of Meridian. East Overland Road is an existing principle arterial, designed to accommodate the increased mad traffic that will be generated from retail, service, and office uses. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that future commercial development of this property will significantly pollute or degnrde the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resource, or scenic areas, nor does the parcel contain any known significant natural resources. Kennedy Commercial Center CPA RZ PAGE 8 CITY OF MERIDIAN PLANMNO DEPARTMENT STAFF REPORT FOR TtIE F®ARIlYO DATE OF SBPTTEIVBER 23.2008 j. Hazardous Areas The purpose of this element is to ensure regulation of development in ha~rdous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recr~tional purposes. 1. Land Use The policies of flue element are presented is the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the commercial development within the immediate area has deemed this site more appropriate for retail, service, and office uses, thus justifying the request the land use change to "COmmercial's m. Implementation The City pmvide~ 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, appmve and make recommendations on proposals affecting the public's interest inland use. n. Property Rights The purpo~ of this eleme~ is to ensure that the land use policies, restrictions, conditions, and foes do not unconstitutionally violate private property rights, and establish a cxtnsisteex, review process that enable the city to ensure that any propoxd actions will not result in ao unconstitutional taking of private property without due process of law. Staff believes that the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owners, DBSI Meridian I84 LLC, and Herman-Treasure Valley Business Park I LLC. 4. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to Commercial, the requested rezone to the C-G zoning district would comply with the map designated use of this Property a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C-G district. The proposed education institution and office use of the property is a principal permitted use in the C- Gzone. (See UDC Table 11 2B-2 for a complete list of allowed uses in the C-G zone.) b. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C-G district are of the Kennedy Commercial Center CPA RZ PAGE 9 C1TY OF MERIDIAN PI.ANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTENIDER 23, 2p08 largest scale and broadest mix of retail, office, service, and light industrial uses. Further, properties in the C-Cl district should be looted in close proximity and/or access to the interstate or arterial intersections. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT & REZONE The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map designation for all of the subject property (33.59 acres) from "Industrial" to "Commercial " Additionally, the applicant is proposing to rezone the portion of the site platter as Kcenedy Commercial Center Subdivision (27.17 acres) from I-L to C-G (the western Electrondcs/DBSI portion of the site is not proposed to be rezoned). The RZ is contingent upon the CPA request being approved See Exlu'bit A.1 for a boundary map of the proposed CPA & RZ. In 2001, a planned developmeat/conditional use permit (CUP-01-009) was approved for rho entire site that allowed for daycare, office, and retail uses with conditional use permit approval in the I-L zone. The conditions of this CUP nm with dre land and are still in effect. Approval of the subject map amendment and rezone would allow the applicant to construct a 35,000 square foot adult eduction and office facility oa one of the lots within Kennedy Commercial Center Subdivision for rent by the University of Phoenix. Education institutions are a prohibited use in the I-L zoning district but are a principal permitted use in the proposed C-0i zoning district. Approval of a map amendment and rezone would make the zoning more consistent with the land use approved with CUP-01-009 on the Kennedy Commercial Center Subdivision property. Additionally, a map amendment to commercial would be consistent with adjacent existing commercial uses to the east. Although, the industrial use and zoning of the Western Electronics/DBSI property would remain and be inconsiste~ with bordering commercial uses, if/when the property redevelops, the property world be able to develop commercially and would be more compatible with adjacent commercial uses. Also, the highly visible location of this property adjacent to Interstate 84 makes it more desirable for commercial use rather than industrial use. Staff believes that the proposed CPA dt RZ request complies with the purpose statement of the C-G district as stated above in Section 9. Please see Seddon 8 above and the Findings in Exhibit C below for Stem's analysts regarding the CPA amendment. The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requiremems of the City of Meridian and State Tax Commission. Access: The property contained in the CPA application has frontage on E. Overland Road, I- 84, and S. Tech Lane (a private street). Access is provided to both of the properties (Western Electronics/DBSI and Kennedy Commercial Cerrter Subdivision) from S. Tech Lane. The Western Electronics/DBSI parcel also has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. Bmlldring IIevado~: The applicant has submitted conceptual building elevations for the proposed 2-story school building; 1-story, 2-story, and 3-story office buildings; single story restaurant building; retail building with 2-story option; and single-story bank. The building Kennedy Commercial Center CPA RZ PAaE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HBARING DATB OF SEPTEI4IBER 23, 2008 materials depicted on all of the structures tmnsist of brick and stucco with a variety of accent materials such as stone, CIVIU, timber, and metal. The proposed building elevations with construction materials are included in Exbi'bit A.3 of this staff report. Sta,~`'has reviewed the proposed elevations and building materials and believes they represent high quality design and materials. Sta,~''approves of the buidddng elevations as proposed and is including a DA provision that future buildings constructed on the site comply with these elevations and design review standards in effect at the time of development. Note: Metal shall only be used as an accent maternal. Conceptual Site Plan: The applicant has submitted a conceptual site plan showing how Kennedy Commercial Center Subdivision, the Property Proposed to be rezoned, may develop in the future. Two 3-story office buildings consisting of 66K square feet (s.f.) each, along with a 2-story office building consisting of 45K s.f., and a 2-story education facility consisting of 35K s.f. for the University of Phoenix are depicted along the fiontage of Interstate 84. Four office buildings consisting of 31,475 s.f., one bank bufitling consisting of 7.SK s.f., oiie restaurant building consisting of S.SK s.£, and one retail building consisting of 14K s.f. are depicted internally anti adjacent to Overland Road on the site plan. The total square footage of commercial ores planned for the site is 270,475; the toml numlrer of structures planned for the site is 11. Sta„~ approves of the proposed conceptual site plan as shown in Exhibit A.2. Landscaping: There is existing landscaping on the Western Electronics/DBSI site. Perimeter street buffer landscaping was required with the preliminary Plat for Kennedy Commercial Center Subdivision. No landscaping impmvemenffi are required at this time but perimeter and internal landscaping will be r~uired upon development of the site. CertlBcatie of Zoming Compliance (CZC): The applicant shall be r+esponstble to obtain a CZC permit from the Planning Deparlmem for all new construction on the site prior to issuance of building permits or establishmert of any ups. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Staff believes that a DA is net~sary in this instance to ensure that tots site is developed in accordance wiffi the proposed conceptual sfte plan and conceptual building elevation. Tf the Commission or Council feels that additional DA provisions are necessary to ensure that this property is developed in a fashion that is consistetrt with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer being required. 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 include, at minimum, the following: i. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, including deign review standards. 2. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall generaDv ~ comply with the conceptual site plan and include the materials found in the building elevations submitted to the Kennedy Commercial Center CPA RZ PAGE I 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH81iEARIIVG DATE OF SEPTEMBER 23, 2008 City as shown in Exhibit A.2 and A.3 of this staff report, as amended herein, and with the requirements of the subject Development Agreement. The aclmowledses ffie ultimate owners and users of each parcel within ffie property will be determined by market demand. and ffierefore. ffie dtimste number and design of the buildings within ffie property may vary from ffiose contained_ln llshibit A,2 and A.3, Consttvct a minimum of 8 and a maximum of ~4 t0 buildings on this site. The masimmn total square footage for all the straetares located within I{e~ly Commercial Ceder 3nbdivisfon sbaII be limited to 324570 square feet (i.e. 120% of ffie square footage listed on ffie concentaal site plan), No single baflding shall exceed 80.000 square feet without the Develoaer obtaining a conditional use permit. Further, no bu0ding shall exceed 3 stories in height. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all fugue buildiags/uses on the site, prior to i~uance of building permits. 5. The applicant shall comply with all applicable previous conditions of approval for this site, including those associated with CUP-01-009, PP-07-013, and FP-07-036. To ffie extent a condition of approval and/or zoo; determbmtion for this site c9nflicts with another condition of approval and/or zom'fag determination for this site. the more recent condition of approval and/or zonina_determination shaII control. The Planning Director abed determine if a co~llct e~ets between earlier and later orovlsions. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-G zoning district listed in UDC Table 11-28-2. 7. No change in the uses specified in this agreement shall be allowed without modification of flue agreement. 8. Outdoor study areas associates with the edncstian fadlity shall be looted on the south side of the building agav fiom the Stq~`' believes that the applicant's request to amend the future laird use designation of this property to commercial mid rezone a portion of the property (Kennedy Comrnercdal Center Subdivision) to C-G would be in the best interest of die Clry as it complies wide tfie purpose statement of dte commercial districts and speci~lcally the C-G district. A commercial designation will allow die applicant to construct an education institution on the site, which will provide needed services within this area of due City. Staff believes that the location of die property is optimal for commercial, not i-rdustrial uses and as such, will provide a more attractive building facade au~jacent to a major transportation corridor into the ~ty than industrial buildings likely would. Further, the proposed commercial designation and C-G zoning of a portio-t of the property should be compatible with the commercially zoned properties east of the site. ~ is in support of the requested CPA & RZ applications based on the Findings listed in Exhibit C of due std` report mid dte Analysis in Sections 8 mid 10. Please see Exh~it C for detadled analysis of facts and,~rrdi~rgs for a CPA mid 1?2~ b. Staffs Recommendation: Staff is is support of the CPA and RZ applications as proposed by the Kennedy Comm~+cial Center CPA RZ PAGE 12 CITY OF MERIDIAN PLANNITT(9 DEPARTMENT STAFF REPORT FOR Tl~ HEARINO DATE OF SEPTEl4®ER 23, 2008 applicant. Staff is recommending approval of the applicant's request to amend the Comprehensive Plan Fatare .Land Use Map to a Contmerdal land use designation and Rezone a 27.17 acre portion of the subject property to C-G sa prese~ed in the staff report for the hearing date of Aa=ast 7, 2008. This recommendation is based on the Analysis in Section 10 and the Findings of Fact as listed in Exhibit C of this staff report. The Meridian Planning & Zoning Commission heard this item on August 7. and 14.2008. At the unblic hearing on Aagast 14.2008 thev moved to recommend annroval of the sabiect CPA~nd RZ reoaest. The Merl ia_n itv o ndl heard thecae ite A on SeMe~ber Z,~~2008. At the enbLie hearinv the o Heil annroved he snbi C'PA and RZ reanest_ 11. EXI~ITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations 4. Legal Description 8t Exhibit Map for Property proposed to be Rezoned C-G 5. Comprehensive Plan Future Land Use Map a. Future Land Use Map Depicting Current Designation of Industrial b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by sta„~ B. Other Agency and Departme~ Comments C. Required Findings from the Unified Development Code Kem~edy Commercial Caster CPA RZ PAQE 13 CTIY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATB OF SEPTEMBER 23, 2008 A. Drawings 1. Vicinity Map Fadubit A- I CTIY OF MERIDIAN PLANNII~1O DEPARTMENT STAFF REPORT FOR TFI6 HEARINQ DATE OF 3EPTBMBER 23.2008 Z. Conceptual Site Plan -, T~FI,N44H .piNW ardo.ar.~mwu,roaam NaW7a PHarsl ~ ~ /tn.f mason me~.n wmum~ ~~ awu men ~f 6aue~n~ip ~~~~ {~(~~lL~a1 flDly~ttO11~~~u lN..f ~~ gnat P. amcs~ ®os inewPa 006yAf11{aa ~ Yq 6~4H~~~YI oty~ paao wm ~D inC~ p~ YA~O W~ PRaN ms~a~~ •vaa~wa oo, 4 ~~wwo.e IP100J P~ IPldp 1fWWdyo. ~wiERSrtilr Aa ~~ ~+N ~a 4 F.xh96it A- 2 CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTENIDER 23, 2008 3. Conceptual Building Elevations ~I.jII.nINC~ rw ~ s SItlP.W 510&Y [Rl4 P BUILPINti OfaTPataa @Ntl1 ~TIICf1l tnn~u aPl,el t It'tunx rntitto 1»xa ~wrP n~ro:an awl. PLaW Exin'bit A- 3 CITY OF N~RIDIAN PLANNWO DEPARTNIEN°f STAFF REPORT FOR TE>E HEARIIVG DATE OF SEPTEIV®>31t 23r 2008 IIUILDING #G ~ 7 wawxeamn•~ uuuadat-wmmota~ sea's xns-co atutw tWRPa ensu~v wueRa sterna DUILDMG ~8 & 5 t sroa, oern~em:R.tIDYL Ruayuut stn ttattna xrt~i nt~!+CaBeh' aletaavcta.amtRw evet~~Raw~u.t BUILUIhG Jl10 r R toav +w.TUtm. evn~~ru uatwutRns m rtau7aR I0.IUNNA N#TEBLLL erunc 9TUCM t~ul I.nn~c at I asr~t ~~a•~w~~ o~.~t. BRR.'R DTUCCCf RIRtl4CYR1iA Rmrta>,tcaa.,uwuw sterna tmoa ,. .•~~I"" ~'~ Q' Exhibit A 4 tT1Y OF M>3ItiD1AN PLANNIlVO DEPARTMENT STAFF REPORT FOR TI18 HEARING DATB OF SBPTEIVV1H1Rt 23, 2008 4. Legal Description ~ Fx)u'bit Map for Property proposed to be Rezoned C-G TOOI'~AN-OST011T ffiri~tO t701161PANY aoaaana~n:a m~e, euavaYOae arm mnaarmav eamz m~emta-~ 2~8.379~i1 ~ Wtlt ~.Z49i Proja~ No: 07041 1?at~ Jam 11, 2i~ Page 1 of 1 >i0~T "A° Ls~ D'eecelpttaa-For Ra 7~niag Purposes ofPropomd Is:~y Castel t^.e~ Subdivialon A I~ of lead fanated is the SS 1/4 of tla Sal 1/4 of $aoda< 23. To~bip 3 North, Renga 1 cleat, I~seA~otdiao, AdaCasmty.Idela,mo~apsrdaalerlydes folloar~ CON~NCJ~TO at a fionmd SB" nd:ar m the 8oath 1!4 ~ of said Seatiaa l3, 6om ~vhiah a fowl lf2" char marking the comer commoa to 8eationa 13, l4, 23 cal Z0 Gams N.89°07'~"Vfl., 26SS.63 ~; theme, aloes the soudsesly Itna of acid Sectiaa 13 (aanterline of ~V. Overland Road), A) N.8"p°0T?Z°a!„ 577.77 fend to the POINT OF HAG: (hatatA. g l) Id.89°07`22"W., 750.07 Porto tha~ut6wast camaroftha SE U4 ofthe SoV U4 of enid 8ecrloa 13: thecae; along the w~Iq line of said 8E U4 oftim SW !/., 2) 1V.OOa31'S0"8.1123.83 few to a tbund SA" caber onthe southearly tiSht-oP way lino of I~atete Ntghway 1-84; themx, aloa8 said southerly ri~-oP-ate' lino; 3) S.8t1°34~9"8.,13717.37 fwt to a fonad S/8° mbar onto easterly ~ ofsatd E18 U4 of t1u 3a/ U4; ~, aloag set ~y lhm. 4) S.OD'30~9°W.. 585.98 feetto a fond S/8°rabar, thecae, S) N.89°40'S7"W., S78.S5 feat m a faatd 5/8° rehm , tlmtce. i~ 5.00°25'33"W., S4Z6b f~ta the POIPTT OF BEG4~DV'II~iG. CONTAn1111~iG: Y1.17 scree, mo:e ar lms. Soa>isc°r To: Au cam, RiHhta. >Iigh~-0f-way, m of Iteco:d aad mgr ~r ,p1N 1~ ~ Htt47M1\V~S ae SDI9P. •~EIiR d'A~ ' CALDWFtb Exhibit A- 5 C1TY OF NIER>DIAN PLANNING DEPARTMBNT STAFF REPORT FOR TIC HEARIIVG DATE OF SEPTENIDER 23, 2008 II~PMF I-84 (000' PUffi.IC 8fin - ~ 3B9'34$9~ 1327 'l' .~ _~ 14 19 e 89 8>5C. CORD. APA7~VAL BY 18717 ACRD FOII~'P OF' .Z$P,» ~ ~~' 07~220aF.R1~AND ROAD 0 180 300 800 80D L~~91m 'r1ECT/OIY lfAlE ~~ ® 3/a• aomv pav • faa~m r/Jt• aq~v r+anr o G0LCI/L9tID PP71MP UNPLATIEO m ~~~. 19 Sl/4 ~ Oil od TOOT~4P-ORTaN ENIi CO. 9777 B00lti1/Afl0 • 80LE: tOAF(D e~7ta-~QOB RHONEt 208-323-2288 FA1I: 248-813-2388 c m6~aleavtaa~tmee/u/,a .~amu F.Rin'bit A- 6 CI1Y OF M~LIDIAN PI~ANNINO DEPARTMENT STAFF' REPORT FOR THE I~AR1N(i DATB OF SEPTBNIDBR 23, 2008 5. Comprehensive Plan Fatima Land Use Map Exlu'bit A 7 a. Future Land Use Map Depicting Gtiurent Designation of industrial CTf Y OF M!?RIDIAN PLANNING DEPARTNIBNT STAFF REPORT FOR THE HEARIl~Tti DATE OF SSPTSIVVIBER 23.2008 b. Fugue Land Use Map Depicting Proposed Change to Commercial (reconunended by Sta,,~ L N icv WALTMAN LN ~~~ i RU7' .. R I ~- "l ~ ' I~L ;' ~ Site ~ AIMON -- Y ~' ~ j ~ '-. ~ V! _.3 ~ 0 470 840 1.080 7,8~ 3.7 ~ 1 inch equals 1.779.395478 fit IT~a Exin'bit A- 8 Cl7'Y OF MERIDIAN PLANNIl1i0 DEPARTMENT STAFF REPORT FOR TIC EIEARINO DATE OF SEPTEIV®ER Z3, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requireme~s 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. Frior 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 provisions noted in Section 10, Development Agreementi, of the staff report. Z. PUBLIC WORKS DEPARTMENT 2.1 All conditions of approval from the August 2, 2007 Kennedy Commercial PP-07-013 will apply with this application. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Departme~. a. Fire Hydrants shall have the 4 h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it c. Fire hydrant markers shall be provided ger Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing peamita. e. Fire hydrants shall not have an3- vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 Ya" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. b. Show all proposed or e~sting hydrate for all new censtraction or additions to existing bnildings wltiltn 1,000 feet of the pro,~ect. 2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be requited to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets grater than 1 SO' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 2.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 2.6 Private Alleys and Fite Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.7 Requirements for dead-end fire apparatus access roads that are Between 500'-750' in length. The roadways shall be built to Ada Cou~y Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one aide. Exhibit E'-1 CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEP'fENiBER 23, 20~ These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 2.8 Operational fire hydrants, temporary or perman~t street dgns and access roads with an all weather surface are required before combustible construction is brought on site. 2.9 Commercial and office ocraipancies will require afire-flow consistent with the Irrternational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.10 Maintain a sedation of 5' from the building to the dumpster enclosure. 2.11 There shall be a fire hyd-ant.witbia 1Q0' of all fire department crnmedions. 2.12 Buildings over 30' in height are requred to have access roads in accordance with The lnteraational Fire Code Appendix D Section D105. Z.13 COIVIIY~RCIAL AND II~TDUSTRIAL -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 stisight line. 3. SANITARY SERVICE COMPANY 3.1 Prior to issuance of a ceriific~te of zoning r~mpliance, that applicant shall submit an approved site plan from SSC. 4. ADA COUNTY HIGHWAY DISTRICT On May 2, 2~1, the Ada County HIgMNay tDistrlat Commis+dorrers ached on MCUP01-0~ ror Treasure Valley Techrdcal Center. On July 31, 2~7, the Ada County Fpghway Dtstritd acted on MPP-O7-013 br Kennedy Cornmerdal Center Subdivlslon. The oorldt8orts and r~uiremsrlts for ~ two appWaitl~ gated above also apply ~ MCPA-08-5. There are rto adclit~r~al r+~uiremer~ at his time due to the fad tlmt an street Improvements eit~. MCUP01-009 refer the two ~dsting access points on Overland Road for the Western Eisctronics Buildbrg. OtFrer than the eids8ng drivm+my, Tech Lane, and rim approves drireway in Kennedy Commerdal Cater no add'itlaial access urHl be allowed to Overland Road. At~ch~ for r®fererure is the recent serif repel for Kennedy Connnerdai Cerrtsr Subdfnriston. • Prior to float approval you wqi neml tDo suMnlt conatrucSan pins ~ the ACHD Developmrent Review DeparbneM M insure compliance vrltll the conditlo~ hienWted abov® or br 1traAlc Impact fee mere Thy M a aeparathe review process that requh~es direct plena su~niltal b fire Ds~relopmellt Review s1baR at the Highway Otatrlct • A trafflC Impact 11~ee wlp be awl bl- ACHD and w01 ire due prior to the lasuamre o1 a tw0ding permit. Contact ACHD Planning i Development Seroic~ at 387-6170 for Infornration regarding Impact fem. Exhibit H- Z CITY OF MERIDIAN PI,ANNIN(i DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF SEPrENIDER 23.2008 C. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment Findings Upon recommendation from the Commission, the Council shall make a fall invesdgadon and shall, at the public hearing, review the application. In order to grant an amendme~ to the Comprehensive Plan, the Connell shaII make the foIIowing findings: a. The proposed amendme~ is consistent with the other eleme~s of the Comprehensive Plan. The City Council finds that the pmpoaed change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendme~ provides an improved guide to future growth and developme~ of the dty. The City Council finds that the proposal to modify the Future Land Use Map will increase the ability for innovative design in this highly visible area of the City. The City Council believes that allowing for commercial offices, retail businesses, and a university to locate in this area will improve the public services available in this sector of the City. c. The proposed amendment is internaIIy consisted with the Goals, Ob~ecbives and Polida of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis). The City Council recognizes the existence of other commercially and industrially zoned properties in close proximity to this property and believes that the proposed commercial use of the property will complement the existing uses in this area. d. The proposed amendme~ is consistent with the UaiBed Developme~ Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. Further, the concturent rezone request of a portion (27.17 acres) of the property from I-L to C-G will comply with the proposed commercial designation for the property. e. The amendme~ will be compatible with esist3ng and planned smzoanding land aces. The City Council finds that the proposed map amendme~ will be compattble with existing and planned commercial uses to the east of the subject property. f. The proposed amendme~ wiII not harden e~lsting and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area. g. The proposed map amendment (as applicable) provides a logical ia>itap~ton of uses that aIIows saf6cie~ area to m~ibigate any a~tdpated impact associated with the developme~ of the area. The City Council finds that the proposed map amendment to commercial will allow for a mix of usm (education institution, offices, retail, restaurant, bank, etc.) on the site that should be compatible with the existing and future commercial uses in the area. Additionally, The City Council finds that the distance between the south property boundary of the site and the residences on the south side of Overland Road should be sufficient to mitigate the impact of the commercial development. Exhibit C-1 CITY OF MERIDIAN PI.ANNINCi DEPARTMENT STAFF REPORT FOR THE HEARIIVO DATE OF SEPTEMBER 23, 2008 h. The proposed amendme~ is in the beat interest of the City of Meridian. The City Council finds that the proposed amendme~rt is in the best iatereat of the City. 2. Rezone Findings: Upon recommendahton from the Commission, the Council shall make a fall invesdgabton and shall, at the public hearing, review the applicatiton. Ia order to grant an annegatlon and/or rezone, the Connell shall make the following findings: a. The map amendme~ complies with the applicable proviisions of the comprehensive P~1 The applicant is proposing to rezone 27.17 acres to C-G. The City Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan f the CPA request is approved to a Commercial designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information b. The map amendme~ complies with the regaladons owned for the proposed district, spe~lflcaIIy the purpose statement; The City Council finds that the proposed profe~ional officm, retail businesses, bank, restaurant, and university would be permitted uses within the requmtecl C-G zone and would assist is providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plan sad conceptual building elevations for this site. The City Council finds that future development of this property should comply with the established neg~ilations and purpose statement of the C-G zone. G The map amendme~ shall not be materially detrimental to the public hesith, safely, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendme~ shaII not result in an adverse impact upon the delivery of services by any politilcal subdivision providing public services within the City including, b~ not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in auy adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the beat hitereat of the City. The City Council finds that the rezone of the subject progeny from I-L to C-G is in the best interest of the City. E~~ta2