McNelis CPAM-10-002 RZ-11-001 MDA-11-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN
~J
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 13.85 Acres of Land from Mixed Use -Community and
20.04 Acres of Land from Office to Mixed Use -Non Residential for McNelis Subdivision, Located
on the Northwest Corner of N. Ten Mile Road and W. Ustick Road, by Ten Mile Center, LLC.
Case No(s). CPAM-10-002; R~11-001; MDA-11-002
For the City Council Hearing Date of: May 24, 2011 (Findings on June 7, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 24, 2011, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 24, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2011,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 24, 2011, 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.
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
CASENO(S). CPAM-10-002; RZ-11-001; MDA-l 1-002
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 24, 2011, 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-SA 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 an amendment to the Comprehensive Plan Future Land Use Map is
hereby approved per the Staff Report for the hearing date of May 24, 2011, attached as Exhibit
A.
2. The applicant's request for Rezone is hereby approved per the Staff Report for the hearing date
of May 24, 2011, attached as Exhibit A.
3. The applicant's request for an amendment to the existing development agreement is hereby
approved per the provisions contained in the attached Staff Report for the hearing date of May
24, 2011 attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The amended development agreement shall be signed by the property owner and returned to the
City within two (2) years of the City Council granting the modification (UDC 11-SB-3D).
A modification to the development agreement maybe 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-SB-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 maybe filed.
2. Please take notice that this is a fmal 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 May 24, 2011.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-002; RZ-11-001; MDA-11-002
-2-
By action of the City Council at its regular meeting held on the day of
2011.
COUNCIL PRESIDENT DAVID ZAREMBA VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL, MEMBER KEITH BIIZD VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-002; RZ-11-001; MDA-11-002
-3-
B action of the City Council at its regular meeting held on the
y
2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIlZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
day of V tJ Yt e
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By.
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-002; RZ-11-001; MDA- l l -002
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: May 24, 2011
TO: Mayor & City Council
FROM: Sonya Waters, Associate City Planner
208-884-5533
E IDIAN~--
IDAHO
SUBJECT: CPAM-10-002; RZ-11-001; MDA-11-002-McNelis Subdivision
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ten Mile Center, LLC, has applied for an amendment to the comprehensive plan future land
use map (CPAM) to change the land use designation on 13.85 acres of land from Mixed Use -Community
(MU-C) and 20.04 acres of land from Office to Mixed Use -Non Residential (MU-NR).
A rezone (RZ) of 16.24 acres of land from the L-O (Limited Office) zoning district to the C-G (General
Retail and Service Commercial) zoning district and 0.43 of an acre of land from the L-O (Limited Office)
zoning district to the I-L (Light Industrial) zoning district is also proposed consistent with the CPAM
request.
Lastly, a modification to the existing development agreement (MDA) is requested to update the zoning of the
property in accord with the rezone; update the uses allowed on the site consistent with the UDC for the
respective zone except for those specifically prohibited in the agreement; update the owner information; and
remove the requirement for conditional use permit approval of uses on lots that abut Ustick Road, Ten Mile
Road, and/or the Nine Mile Creek.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, RZ, and MDA based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on Aari17`h. and 21S`, 2011. At the
public hearing on Aari121s`, the Commission moved to recommend aaaroval of the subiect CPAM
and RZ requests.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thomason
ii. In oaaosition: None
iii. Commenting: None
iv. Written testimony: Tamara Thomason, Aaalicant's Rearesentative
v. Staff aresenting aaalication: Sonya Wafters
vi. Other staff commenting on aaalication: None
b. Kev Issue(s) of Discussion by Commission:
i. The aaaroariateness of the rezone to C-G as aroaosed versus a lesser intense commercial
zoning district:
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
PAGE 1
EXHIBIT A
~_ City Council Public Hearin:
L In favor: Tamara Thompson
ii. In opposition: Jackie Crane
lil. Commentin~• None
lY. Written testimony Tamara Thom~u~~unlicant's Representative (response to the staff
- in a~reementl
y. taff nresentin~ application: Sonya Watters
Yl. Other staff commenting on application: Pete Friedman
1L Kev Issues of Discussion by Council:
i< None
.e. Key o ~ncil hanPes to Staff/Comtrission Recommendation
i< None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-10-002,
RZ-11-001, and MDA-11-002 as presented in the staff report for the hearing date of May 24, 2011, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-10-002, RZ-
11-001, and MDA-11-002, as presented during the hearing on May 24, 2011, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-10-002, RZ-11-001, and MDA-11-002 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:
McNelis Subdivision is located on the northwest corner of N. Ten Mile Road and W. Ustick Road
Located in the southheast '/ of Section 34, Township 4 North, Range 1 West.
B. Applicant:
Ten Mile Center, LLC
621 N. Robinson Rd.
Nampa, ID 83687
C. Owners:
Ten Mile Center, LLC
621 N. Robinson Rd.
Nampa, ID 83687
Maverik
880 W. Center Street
North Salt Lake City, UT 84054
PAGE 2
EXHIBIT A
D. Representative:
Tamara Thompson, Landmark Development Group, LLC
2462 Sunshine Drive
Boise, ID 83712
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment and rezone. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. The subject application is for a development agreement modification. A public hearing is required before
the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
C. Newspaper notifications published on: March 21 and April 4, 2011 (Commission); May 2 and 16, 2011
(City Council)
D. Radius notices mailed to properties within 300 feet on: March 10, 2011 (Commission); Apri128, 2011
(City Council)
E. Applicant posted notice on site by: Apri18, 2011 (Commission); May 10, 2011 (City Council)
VI. LAND USE
A. Existing Land Use(s): This property is currently vacant. The total size of the site is 33.89 acres.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Wastewater Treatment Plant, zoned I-L
South: Singe-family residential properties in Englewood Creek Estates Subdivision, zoned R-4
East: Singe-family residential properties in Hartford Subdivision, zoned R-4; and agricultural property,
zoned RUT in Ada County
West: Single-family residential property, zoned R-2; commercial property, zoned C-N; and rural
residentiaUagricultural property, zoned RUT in Ada County
C. History of Previous Actions:
• On July 13, 2004, this property received the following approvals:
- Annexation and zoning (AZ-04-004) of 34.6 acres of land from the RUT zoning district in Ada
County to the I-L, L-O, and C-G zoning districts (Ordinance No. 04-1090). A development
agreement (Instrument No. 104093293) was required as a as a provision of annexation.
- Preliminary Plat (PP-04-004) consisting of 16 commercial building lots and 5 common lots on
34.6 acres of land.
• On August 9, 2005, this property received fmal plat (FP-OS-047) approval of 16 building lots and 4
common lots on 34.6 acres of land.
• On June 7, 2005, a one year time extension (TE-OS-003) to submit the final development plan for
McNelis Subdivision was approved by the Director.
• On September 18, 2007, a second time extension (TE-07-012) for 6 months in order to record the
final plat for McNelis Subdivision was approved by City Council. The final plat has since been
recorded.
PAGE 3
EXHIBIT A
D. Utilities:
a. Location of sewer: Currently served from mains in N Ten Mile road & W Ustick Road.
b. Location of water: Currently served from mains in N Ten Mile road & W Ustick Road.
c. Issues or concerns: None, however, the City of Meridian currently has a re-use main located in
N. Ten Mile Road that was not available to this site during the platting process in 2007. If the
applicant would like to utilize this service please contact Scott Steckline in Public Works
Department at 887-2211.
E. Physical Features:
1. Canals/Ditches Irrigation: The Five Mile Creek borders the north boundary of the site and the
Ninemile Creek borders the west boundary of the site.
2. Hazards: There are two waterways that border this property on the north and west; however, they
shouldn't represent a safety hazard to children as they are fenced off.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The Comprehensive Plan Future Land Use Map currently designates 13.85 acres of the subject property
"Mixed Use -Community" (MU-C) and 20.04 acres as "Office". The proposed amendment would change
the land use designation on the entire property to "Mixed use -Non-Residential" (MU-NR).
Per the Comprehensive Plan, the purpose of this category is to designate areas where new residential
dwelling units will not be permitted, as residential uses are not compatible with the planned uses for this
area. A wide variety ofnon-residential land uses may occur in this category. Employment opportunities,
professional offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. The
following standards will apply to this category:
• No new residential uses will be permitted (existing residential will be allowed to remain and
expand accessory structures)
• Retail uses may comprise a maximum of 50% of the development area
• There is neither a minimum nor maximum imposed on non-retail commercial uses such as
office, food service/restaurants, industry or warehouse uses
• All developments shall have a mix of at least two types of land uses
Sample uses include: Employment centers, professional offices, flex buildings, warehousing, industry,
storage facilities and retail.
The other properties surrounding the WWTP were previously designated as Mixed Use -Waste Water
Treatment Plant (MU-WWTP) on the future land use map. This designation was subsequently replaced by
the Mixed Use -Non Residential (MU-NR) designation through an amendment to the Comprehensive Plan.
Changing the land use designation on the subject property will be consistent with adjacent properties that
surround the WWTP.
The applicant proposes to develop the site with a mix of industrial and commercial uses as allowed in the
corresponding zoning district consistent with the MU-NR designation; no residential uses are proposed.
PAGE 4
EXHIBIT A
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the
provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the subject property in the
following manner:
- Sanitary sewer and water service is provided to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County
Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will not
change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian
Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the
Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company.
• Chapter VII, Goal IV, Objective A, Action 6 -Require screening and buffering of commercial and
industrial properties and residential use with transitional zoning.
This property abuts the wastewater treatment plant located to the north, zoned I-L; Ustick Road
separates the site from residential uses on the south, zoned Rl in Ada County and R-4; Ten Mile Road
separates the site from residential uses on the east, zoned RUT in Ada County and R-4; a residential
property exists at the southwest boundary of the site, zoned R-2 (designated on the future land use map
as MU-NR); a commercial property, zoned C-N, and a rural residential property zoned RUT in Ada
County (designated on the future land use map as MU-NR) abuts the site on the west.
Staff is of the opinion the proposed commercial zoning and subsequent uses along with the abutting
arterial streets will provide a transition from the wastewater treatment plant and industrial uses on the
I-L zoned property to adjacent residential uses.
Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
Staff is of the opinion the future industrial uses directly adjacent to the WWTP will provide a good
transition between the WWTP and future office%ommercial uses. Further, the office%ommercial uses
will in turn provide a good transition between adjacent residential uses and the WWTP and future
industrial uses. The properties to the west are designated for non-residential uses which will be
compatible with the proposed development.
PAGE 5
EXHIBIT A
• Chapter VII, Goal I, Objective B, Action 5 -Locate new community commercial areas on arterial or
collector streets near residential areas in such a way as to complement with adjoining residential areas.
The subject property is located on the corner of two arterial streets, Ten Mile Road and Ustick Road,
with residential neighborhoods directly across the street to the east and south. Staff is of the opinion
future uses on this site will complement the existing adjoining residential areas by providing close,
convenient services in this area of the City.
• Chapter VI, Goal IV, Objective A, Action 17 -Plan land uses surrounding WWTP to reduce human
exposure to odors.
This site abuts the southern boundary of the WWTP. Only office%ommercial and industrial uses are
proposed to develop on this site similar to what is allowed in the existing zoning except for a wider
range of commercial uses are allowed in the C-G district. Because the MU-NR designation does not
allow residential uses, human exposure to odors should be reduced.
Chapter VII, Goal I, Objective E, Action 2 -The City encourages the location of a high tech,
professional employment center in the northwest quadrant of our Area of Impact.
The subject property is located in the northwest quadrant of the City's Area of Impact. Uses supported
within the MU-NR land use category and I-L and proposed C-G zoning will assist in contributing to the
high tech and professional employment opportunities available in the City.
• Chapter VII, Goal IV, Objective A, Action 8 -Discourage residential areas in close proximity to
WWTP.
The site is proposed to develop with commercial and industrial uses as allowed by the UDC; no
residential uses are proposed.
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 plan for this property is for mixed use -non residential
uses; the applicant is proposing to develop the site with industrial and commercial uses consistent with
the plan. Staff is of the opinion the existing and proposed I-L and C-G zoning and subsequent uses will
assist in providing a transition between the residential developments to the east and south and the
wastewater treatment plan to the north. To promote quality design, future development must comply
with the City's design standards contained in the UDC and Meridian Design Manual.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and will still be available upon
development of the site.
PAGE 6
EXHIBIT A
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. No residential uses are proposed with this application consistent with the MU-NR
designation which does not allow new residential uses in this area because of the proximity of the
wastewater treatment plant.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from afarming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy with
regard to the types of lands needed to support the economic and employment needs of the community
has also changed. The 2002 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 property is currently identified as appropriate for industrial, office, and commercial uses.
Staff is of the opinion the future development of the site with a mix of light industrial, office and
commercial uses will provide a transition between the residential uses to the east and south and the
wastewater treatment plant to the north, expand employment opportunities in the area, and allow for the
development of commercial enterprises to serve both residents and future employers.
e. Public Services, Facilities, and Utilities
City water and sewer service has been provided to the subject property and reclaimed water is available
to the site as well. Because this property is already within the City limits, public services such as police
and fire protection are currently provided to this property.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate school
facilities and student transportation. Because no residential uses are proposed, this element is not
applicable to this application.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because the previous plan was for office, commercial, and industrial uses on this property, Staff does
not believe that the proposed plan amendment would negatively impact transportation within the City
of Meridian in this area if approved.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. There are two creeks that abut this site. Staff does not believe that future development of
this property will significantly degrade these resources and/or the natural environment.
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. Staff is unaware of any hazardous areas on this site.
PAGE 7
EXHIBIT A
k. Recreation
Recreation resources within Meridian include 18 City parks totaling approximately 186 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.
Staff believes the proposed industrial and commercial use of the site is consistent with the proposed
future land use designation of MU-NR as new residential uses are not allowed in MU-NR designated
areas nor are they appropriate adjacent to the existing wastewater treatment plant.
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and goals of the
Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive
Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is
also authorized by the Council to review, approve and make recommendations on proposals affecting the
public's interest in land use. 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. A neighborhood
meeting was held on December 13, 2010 of which two of the neighbors attended.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service
needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are
designated which differ in the size and scale of commercial structures accommodated in the district,
the scale and mix of allowed commercial uses, and the location of the district in proximity to streets
and highways.
Per UDC 11-2C-1, the purpose of the I-L district is to provide for convenient employment centers of
light manufacturing, research and development, warehousing, and distributing. In accord with the
Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial
uses that are clean, quiet and free of hazardous or objectionable elements and that are operated,
entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a
requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) Tables 11-2B-2 and 11-2C-2 lists the principal
permitted, conditional, and accessory uses allowed in the proposed C-G and I-L zoning districts
PAGE 8
EXHIBIT A
respectively.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning
district and UDC Table 11-2C-3 for the I-L zoning district applies to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to
development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes an amendment to the future
land use map contained in the Comprehensive Plan to change the land use designation on 13.85 acres of
land from Mixed Use -Community (MU-C) and 20.04 acres of land from Office to Mixed Use -Non
Residential (MU-NR).
The City's wastewater treatment plant (WWTP) abuts the northern boundary of this site. Because of the
odor and noise generated from the plant, Staff is of the opinion no new residential uses should be
allowed on this site. The MU-NR land use designation was adopted specifically for this area surrounding
the treatment plant; all of the other properties surrounding the WWTP are currently designated MU-NR.
In the MU-NR category, no new residential uses are allowed and developments are required to have a
mix of at least two different types of uses.
The applicant proposes to develop the site with a mix of uses as allowed in the C-G and I-L zoning
districts, consistent with the MU-NR land use designation. Therefore, Staff is of the opinion the
proposed amendment is appropriate for this property. See Section VII above for more information.
REZONE (RZ): The applicant proposes to rezone 16.24 acres of land from the L-O (Limited Office)
zoning district to the C-G (General Retail and Service Commercial) zoning district and 0.43 of an acre of
land from the L-O (Limited Office) zoning district to the I-L (Light Industrial) zoning district. The
portion of the site proposed to be rezoned to I-L will adjust the boundary of the existing I-L zone
consistent with the lot boundaries and the centerline of the street (N. Burley Ave.).
The proposed I-L and C-G zoning districts are compatible with the MU-NR land use designation
requested with this application. Further, the I-L zoned properties will provide a transition and buffer
between the existing WWTP and commercial uses on the site and adjacent residential uses.
The applicant has submitted a site plan included in Exhibit A.2 that depicts the building envelope on
each of the lots and a conceptual building elevation included in Exhibit A.3 that depicts how future
structures maybe constructed. Ultimately, the final designs must be consistent the provisions of the
UDC and the Meridian Design Guidelines.
The rezone legal description submitted with the application (included in Exhibit C) shows the
boundaries of the property proposed to be rezoned.
DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing DA is proposed to
update the zoning of the property in accord with the rezone; update the uses allowed on the site
consistent with the UDC for the respective zone except for those specifically prohibited in the
agreement; update the owner information; and remove the requirement for conditional use permit
approval of uses on lots that abut Ustick Road, Ten Mile Road, and/or the Nine Mile Creek.
Most of the proposed changes are in accord with the CPAM and RZ request except for the proposal to
remove the conditional use permit requirement for uses on lots that abut Nine Mile Creek, and/or Ustick
Road, and/or Ten Mile Road. At the time of approval of the DA, the City had no design review standards
and it was customary to require CUP approval so that the Commission could have an opportunity to
PAGE 9
EXHIBIT A
review the design of sites and structures. Because the City now has specific design standards in the UDC
and design guidelines in the Meridian Design Manual that are applicable to all new development, staff is
of the opinion that removing the CUP requirement from the DA as proposed by the applicant is
appropriate.
The list of permitted uses included in the existing DA is proposed to be removed and a code reference to
allowed uses in the appropriate district included instead. The list of prohibited uses is still included and
has not changed, except for the allowance of a convenience store/fuel sales facility on Lot 4, Block 1, the
property owned by Maverik.
The current DA restricts hours of operation for uses in the I-L and L-O zoning districts from 7 am to 10
pm, unless approved through a conditional use permit. Because the L-O zoned properties are proposed to
be rezoned to C-G, the restrictions are proposed to be changed to include the C-G zoned properties,
except for the C-G owned property owned by Maverik (Lot 4, Block 1) and the C-G zoned property to
the north of the Maverik property (Lot 3, Block 1) on which restricted hours of operation shall not apply.
Please see Exhibit A.4 for the specific changes proposed to the DA.
Staff recommends approval of the subject applications with the changes to the DA listed in Exhibit A.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning/Aerial Map
2. Conceptual Site Plan
3. Conceptual Building Elevation
4. Proposed Changes to Development Agreement
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 10
EXHIBIT A
Exhibit A.1: Vicinity/Zoning/Aerial Map
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PAGE I 1
EXHIBIT A
Exhibit A.2: Conceptual Site Plan
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PAGE 12
EXHIBIT A
PAGE 13
Exhibit A.3: Conceptual Building Elevation
EXH[BIT A
Exhibit A.1: Vicinity/Zoning/Aerial Map
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PAGE 11
EXHIBIT A
Exhibit A.2: Conceptual Site Plan
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PAGE 12
EXHIBIT A
Exhibit A.3: Conceptual Building Elevation ~{
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PAGE 13
EXHIBIT A
Exhibit A.4 -Proposed Changes to Development Agreement (Changes are shown in underline/strike-out
format)
(Page 1)
Parties: 1. City of Meridian
2. ~ Ten Mile Creek, LLC, Owner/Developer and
Maverik, Inc., Owner/Developer
Section 1.4 (page 1)
WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the
"Property's" described in Exhibit A, and has requested a zoning designation of
~~ (C-G) General Retail and Service Commercial District, and (I-L) Light Industrial District
(Municipal Code of the City of Meridian); and"
Section 3.1 (page 3)
"...whose address is 33 E. e Broadwav Avenue, Meridian, Idaho 83642"
Section 3.2 (page 3)
"Owner/Developer": means and refers to ~ Ten Mile Creek, LLC, whose address is 621 N.
Robinson Road, Nampa, Idaho 83687, and Maverik, Inc., 880 W. Center Street, North Salt Lake City,
Utah, 84054 the part3~ies developing said "Property" and shall include any subsequent
"owner(s)/developer(s)" of the "Property."
Section 3.3 (page 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 annexed and zoned ~-~ C-G and
I-L attached hereto and by this reference incorporated herein as if set forth at length."
Section 4.1 (page 3)
"...Construction and development of a commercial subdivision with 16 buildable lots and 3 4
other/common lots, in a proposed I~ C-G and I-L zones."
Section 6 (page 4)
> >
Section 6 (page 5)
A.6. Business hours for the I-L and L-9 C-G zoned properties shall be limited to 7 am to 10 pm, unless
approved by a conditional use permit. Lots 3 and 4, Block 1 are exempt from this requirement.
A.7. The permitted and prohibited uses l~ for each proposed zoning district are outlined below in
Section 6.D.8
T«..i...«i.....4e :«4n 4L,e au..u~e.«.v,o«4 .. ~..4 ~..«i,.......e 4t,..4 «....L.:ti.:4.,
PAGE 14
EXHIBIT A
.. ,
~`
<strike list of permitted uses for the I-L district & include a code reference for permitted uses
instead>
Uses allowed in the I-L zoning district are as listed in UDC Table 11-2C-2, except for the followine
uses which are prohibited:
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Manufacturing
Outdoor Entertainment Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
Solid Waste Transfer Stations
Truck Stop
<strike list of uses pertaining to the L-O zoning district>
<strike list of permitted uses for the C-G district & include a code reference for permitted uses
instead>
Uses allowed in the C-G zoning district are as listed in UDC Table 11-2B-2, except for the following
uses which are prohibited:
Bars, Alcohol Establishments
Contractor's Yard
Convenience Store Except a convenience store~uel sales acility is allowed on Lot 4, Block 1.)
Entertainment Centers, Outdoor
Fuel Sales Facilit~(Except a convenience store/fuel sales acility is allowed on Lot 4, Block 1.)
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
~~~4;~Iee~?-a~d~e~s-~ 3, ~--Meek-~
PAGE 15
EXHIBIT A
Section 7 (page 9)
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained
herein shall be terminated, and the zoning designation reversed, upon a default of the
"Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the date of this
Agreement is effective, and after the "City" has complied with the notice and hearing procedures as
outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. This agreement was
complied with within the required two Xear period.
Section 17 (page 12)
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:
c/o City Engineer
City of Meridian
33 E. Fake Broadway Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. It~e Broadway Ave
Meridian, ID 83642
OWNER/DEVELOPER:
~ Ten Mile Creek, LLC
621 N. Robinson Road
Nampa, Idaho 83687
and:
Maverik, Inc.
880 W. Center Street
North Salt Lake City, UT 84054
PAGE 16
EXHIBIT A
B. Agency Comments
On March 17, 2011, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
Department, and SSC. Staff has included all comments and recommended actions in the attached Exhibit
B.
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on March 10, 2011, by Gregory Carter, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from
the street on which the project is addressed, as set forth in International Fire Code Section 505. Please
contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing.
3.2 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.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 'h" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing buildings
within 1,000 feet of the project.
3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved turn
around. Phasing of the project may require a temporary approved turn around on streets greater than
150' in length with no outlet.
3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
3.6 Provide signage ("No Parking Fire Lane") for all fire lanes at every entrance in accordance with
International Fire Code Sections 503.4 & D103.6.
PAGE 17
EXHIBIT A
3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site, as
set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.9 The fire department requests that any future signalization installed as the result of the development
of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and
emergency medical service vehicles. The cost of this installation is to be borne by the developer.
(National Fire Protection Std 1141 Section 5.2.11.1)
3.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire
Code Section 304.3.3.
3.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured
around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction
is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the code official as set forth in International Fire Code Section 508.5.1. For
buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
3.14 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
3.15 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire
Code Appendix D Section D105.
3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in
International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18.
3.19 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or three
stories in height shall have at least three means of fire apparatus access for each structure. Two of the
access roads shall be placed a distance apart equal to not less than one half of the length of the overall
diagonal dimension of the property or area to be served, measured in a straight line as set forth in
International Fire Code Appendix D104.1.
3.20 COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of more
than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus
access roads separated by one half of the maximum overall diagonal dimension of the property or area
to be served, measured in a straight line between accesses as set forth in International Fire Code
Appendix D 104.2.
a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have
a single approved fire apparatus access road and all buildings are equipped throughout with
approved automatic sprinkler systems. (Remoteness Required)
PAGE 18
EXHIBIT A
3.21 As set forth in International Fire Code Section 503.2.5, the Fire Department is opposed to any landscape
island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the
court. The two (2) landscape islands at the entries of the subdivision on N. Burley Avenue are allowed if
a minimum of 20 feet in width is provided on each side of the islands.
3.22 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be
required to provide an additional sixty inches (60") wide access point to the building from the fire lane
to allow for the movement of manual fire suppression equipment and gurney operations. The
unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a
manner that the most remote part of a building can be reached with a length of 150' fire hose as
measured around the perimeter of the building from the fire lane. Code compliant handicap parking
stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for
details.
4. POLICE DEPARTMENT
4.1 Comments have not been received from the Police Department on this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Ada County Highway District has no comments on this application due to the fact the subdivision is
fully improved.
7. PARKS DEPARTMENT
7.1 The Parks Departments has no comments at this time as all required facilities have been installed on
the site.
PAGE 19
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
laANO ~4~a ~KV SG
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SURVEY rMr-a~~, two s~z
GRC?UP rbaei a+~s.asm
Fax [IOHj 865399
Pro)ect No, 11-016 March 10, 2011
t_-0 TO l-L REZONE
~IcNELIS SUBDIVISION
A parcel of land located in the SE1/4 of Section 34, T_4N_, R.1W., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing et the comer common to Sections 2 and 3, T.3N., R.1W., and
Sections 3d and 35, T.4N., R,iW., B.M., from which the E1f4 comer of said Section 34
bears North 00°17'35" East, 2643.52 feet;
thence abng the South boundary line of said Sedbn 34 North 89°43`00" West,
934.94 feet;
thence Reeving said South boundary line North 37°25'41" West, 731.63 feet flo the
NW comer of Lot 2, Black 2 of McNelis Subdivisbn as filed in Book 100 of Pits of
Pages 13082 through 13084, records of Ada County, Idaho;
thence aRortg the north boundary line of sand Lot 2 South 89°43'04" East, 379.54
feet to art angle point iat the North boundary line of said Lot 2;
thence contlrtuing along said north boundary line South 80°50'56' East, 129.76
feat to the REAL POINT OF BEf31NNIN~3,
thence leaving said north boundary line South 89°43'00" East, 106.34 feet to a
point on the norlhvuesterly rigM~f-v~reiy IRne of McNelis Drive, said polrtt also being the
beginning of anon-tangent curve Uo the right;
theruoe along said northwesterly right-of-~uvvay Ikte the fotk~+nting 3 cour~s:
along said curve 279.77 feet, saki curve having a radius of 427.00 feet, a central
angle of 37°32'25" and a bng chord of 274,79 f®et whidt bears North 39°28"12" East;
thence Noc1h 58°14'25" East, 244.10 feet to the beginning of a curve to the right!
thence along sakt curve 126.,99 feet, said curve having a radius of 227.00 feet, a
central angle of 32°03'10M and a brig dtord of 125..34 feet which bears North 74°16'00"
East;
thence leaving said northwesterly right-of-rrvay line South 17°35'00" West, 30.00
feet to a point on the centerline of McNels Drive;
th~anoe abng said centerline the f+Nlowing 3 courses;
S:1FSG tkmjemic SuM >t~ons~Docu2dsTklla ]G rocs one PaB° r of 2
PAGE 20
EXHIBIT A
thence North 89°42"25'" West, 4,79 feet to the beginning of a curve to the left;
thence along said curve 111.89 feet, said curve having a radius of 200.00 feet, a
central angle of 32"03'10" and a long chord of 110.43 feet which bears South 74°16'40'"
West;
thence South ~a8° 14'25" West., 238.45 fleet to the beginning of a curve to the left;
thence along said curare 273.26 feet, said curve having a radius of 400.00 feet, a
central Angie of 39°08`32" and a long chord of 287.98 feet which bears South 38°40"09"
West;
thence leaving said centerline North $Oa50'S6" West, 129.43 feet to the RF.AI.
POINT QF BEGIMNtMG, containing 18"522 square feet, more or less,
Prepared By:
s.
l~t=v t~'suaa.
13Y
BAR 14 201'{
~ VvdRKS ~~ C
~:~~ ProfeefatiMCndis Sub Re~ac4Onc~aienes~A9d(diF IL Zaae,daa P"ge 2 art
PAGE 21
EXHIBIT A
DAI•tC? Faso ~ v,~~.t s<
Sulu 150
suRVEY McKldw, ratio 83612
GRUUF rl~,. txoel eau-esm
r~ tom) ee~-s~s~
Project No. 11-016 March 9, 2011
C-G ZONE
IAcNEUS SUBf]IYISIQN
A parcel of land looted in the SE1F4 of Section 34, T.4N., R.1W., B.M., Ada
County, Idaho, mare particularly descrbed as folbws:
Commencing at the corner oammon to Sections 2 and 3, T.3N., R.1W.~ and
Se+~lons 34 and 35, T.4N., R.1W., B.M., from which the E114 comer of said Section 34
bears North 00°17'35" East, 7643.52 feet;
thenoe abrtg the South boundary lure of said Section 34 North 89°43'00" West,
278.00 feet to the REAL. POINT OF BEGINNING;
thenoe aontinuing abng said South taoundary line North 89°43'00" West, 856.94
feet;
txrenaa leaving said South bourxiary one Noah 37°25'41" West. 731.63 feet to the
fVVV comer of Lot 2, Block 2 of McNelis Subdivision as filed in Book 100 of Plats at
Pages 13082 through 13084, records of Ada County, Idaho;
therroe slang the North boundary line of sold Lot 2 South 89°43'00" Easy 378,54
feet to an angle paint. in the North boundary line of said Lot 2;
thence continuing slang said north boundary line and tt~ southeasterly extension
thereof South 80°50"58" East, 259.19 feet t4 a point on the centerline of McNelis Drnre,
said point also being the beginning of anon-tangent curve to the t1gh~
thence along saved centerline the fialbvring 3 courses;
thence along said cun+e 273,:26 feet, said curve having a radius of 400.00 feet, a
central angle of 39°08'32" grad a long chard of 267.98 feet which bears North 38°40'09'"
East;
thence North 58°14'25" East, 238.45 feet to the beginning of a curare to the right;
thence along said curve 111.89 feet, said curve having a radius of 200.0(1 feet, a
central angle of 32°03'10" and a tang chant of 110.43 feet which bears North 74°16'00"
East;
thenr~ cxyntinuing_along said oentertine and the easterly e~ltera~ion hereof South _ _ _ .
$g°42'25" Ea3t, 247.32 feet,
.4r'~~'Q PMj6Ctt5hUG1°li6.9U1/ °~lt ~" Itlll°.~C ' rf+'~ °r 2
PAGE 22
EXHIBIT A
therroe South UO°17'35" West, 43b.~4 fast;
theruoe along the Math boundary line of Lot 3, Bock 1 of saki tMlchJelis
Subdivision and the easterly extension thereof North 89°43'!00"' West, 253.00 fleet #o the
NW comer of se~id Lot 3;
thence Siang the West boundary line of Lots 3 and 4, Block 1 of said McNeas
Subdhrisian and the souther#y extension tlien~af Sou#h 00°17'3x° West, 475.00 feet to
the REAL POINT QF BEGINNING, containing 18,24 acres, more ar less..
Prepared 8y:
Idaho Sunray Group
Gregory G. Carter. P.L.S.
~'.
~~ ~ ~ ~~~
~~ ~ ~~
8:14 Pmj°c1~~A4mdix S+ab RaaoonelDaw~nentsSMcNdu GG Zamedaa Pie 2 °f'2
PAGE 23
EXHIBIT A
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PAGE 24
EXHIBIT A
D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive Plan.
The City Council finds that the proposed change to the Future Land Use Map is consistent
with elements of the Comprehensive Plan that promote compatibility and transition of uses
and zoning. See sections VII and IX above for more details.
b. The proposed amendment provides an improved guide to future growth and development of
the city.
The City Council finds that the proposal to modify the Future Land Use Map to allow for
mixed use non-residential uses on this property would be consistent with the abutting
wastewater treatment plant and allow for the development of commercial and industrial uses
on the site.
c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of
the Comprehensive Plan.
The City Council finds that the proposed amendment is internally 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 City Council finds that the proposed amendment to MU-NR for future industrial and
commercial uses is consistent with the Unified Development Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the development of industrial and commercial uses on this site will
provide a buffer between the wastewater treatment plant and adjacent residential properties
as well as provide a transition between these uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services have already been
installed on this site.
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 City Council finds the proposed commercial and industrial development of this property
resulting from the proposed 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 and IX and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
PAGE 25
EXHIBIT A
2. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The City Council finds the proposed rezone to C-G is consistent with the proposed MU-NR
future land use designation for this site. Additionally, the City Council finds the uses allowed
in the existing I-L and proposed C-G zoning district will provide a transition in uses between
the wastewater treatment plant and adjacent residential uses to the east across Ten Mile Road
and to the south across Ustick Road.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-G zoning district and
adjustment of the I-L zoning district boundary and uses allowed in each of those districts is
consistent with the purpose statement of the commercial district in that it provides for the
retail and service needs of the community; and the purpose statement of the industrial district
in that it provides for convenient employment centers of light manufacturing, research and
development, warehousing, and distributing.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, the City Council finds the proposed rezone is in
the best interest of the City.