Staff ReportItem #46: Millennium Retail Center (CPAM•11.002)
Application(s):
- Amendment to the comprehensive plan future land use map to change the land use designation on two
parcels of land from High Density Residential to Commercial
Size of property, existing zoning, and location: The subject property consists of 2.54 acres, is currently zoned L-
0, and is located at 1977 & 2045 E. Overland Road on the SWC of E. Overland Rd. & S. Millennium Way.
Adjacent Land Use & Zoning:
North: Commercial (movie theatre, retail, restaurants), zoned C-G
South: Multi-family residential & offices along the west side of S. Millennium Way, zoned L-0
East: Offices, zoned L-0
West: Vacant land (approved to develop with office uses), zoned L-0
History: In 2000, the property was rezoned to L-0 and platted. A conditional use permit (CUP)/planned development
(PD) was also approved that allows for retail uses to develop on the lot on the comer of Overland/Millennium. A
conceptual development plan was approved with the PD that depicts a 22,237 square foot (s.f.) retail building on the
corner lot & a 15,960 s.f. office building on the lot to the west. An office for Corey Barton Homes was constructed on
the western lot but the corner lot remains vacant.
Summary of Request: The applicant requests the subject map amendment in order to develop the property on the
corner with adrive-thru restaurant & a small retail strip behind consistent with the proposed Commercial land use
designation. The office that exists on the western property will remain. A development plan was not submitted with
this application. If the site develops as proposed, a modification to the development plan approved with the PD is
required along with a rezone and CUP for adrive-thru establishment. Because the property on the comer is already
approved through the PD to develop with retail uses which are not typically allowed in the L-0 district, the map
change to Commercial along with a subsequent rezone of the site to a commercial district will remedy the
nonconformance of the zoning in relation to the approved use.
If the applicant proposes to rezone the property in the future to accommodate a restaurant use, staff recommends a
less intense commercial zoning designation such as C-N which would also allow for retail uses. This designation
would restrict the hours of operation of businesses from Gam to 10pm & be more compatible with adjacent residential
uses.
Written Testimony: None
Staff Recommendation: Approval
Notes:
STAFF REPORT
HEARING DATE: September 15, 2011
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CPAM-11-002 -Millennium Retail Center
I. SUMMARY DESCRIl'TION OF APPLICANT'S REQUEST
E IDIAN~--
1DAH0
The applicant, Jeffrey Hall, has applied for an amendment to the comprehensive plan future land use map
(CPAM) to change the land use designation on two parcels of land totaling 2.54 acres from High Density
Residential to Commercial.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM based on the Findings of Fact and Conclusions of Law in
Exhibit B of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Number
CPAM-11-002 as presented in the staff report for the hearing date of September 15, 2011, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Number
CPAM-11-002, as presented during the hearing on September 15, 2011, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Number CPAM-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:
The site is located at 1977 & 2045 E. Overland Road on the southwest corner of E. Overland Road and
S. Millennium Way, in the NW '/ of Section 20, Township 3 North, Range 1 East.
B. Applicant:
Jeffrey Hall
P.O. Box 190182
Boise, ID 83719-0182
C. Owner:
Edge, LLC
P.O. Box 369
Meridian, ID 83680
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D. Representative:
Jim Jewett, JLJ Enterprises
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. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: August 29, 2011
C. Radius notices mailed to properties within 300 feet on: September 12, 2011
D. Applicant posted notice on site by: September 2, 2011
VI. LAND USE
A. Existing Land Use(s): The subject property consists of two parcels. The property directly on the corner
of Overland & Millennium is vacant. An office building exists on the adjoining property to the west.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area consists of a
mix of commercial, multi-family residential, and office uses as follows:
North: Commercial (movie theatre, retail, restaurants), zoned C-G
South: Multi-family residential & offices along the west side of Millennium Way, zoned L-O
East: Offices, zoned L-O
West: Vacant land [approved to develop with offices (CUP-03-057; CUP-04-043)], zoned L-O
C. History of Previous Actions:
• In 2000, the following applications were approved that included this property:
- Rezone (RZ-00-003) from R-4 to L-O with a development agreement (Instrument No.
100056508).
- Preliminary plat (PP-00-006) for Resolution Business Park
- Final Plat (FP-00-019) for Resolution Subdivision No. 1 (the subject lots were platted as
Lots 7 & 8, Block 1)
- Conditional Use Permit (CUP-00-017) for a planned commercial development that allowed
for retail uses on Lot 7. A conceptual development plan was approved with the CUP/PD that
depicted a 22,237 square foot (s.f.) retail building on Lot 7 & a 15,960 s.f. office building on
Lot 8.
• In 2003, a Certificate of Zoning Compliance was approved for an office building for Corey Barton
Homes on Lot 8.
• Conditional Use Permit (CUP-03-011) for a planned development to allow the construction and
operation of two (2) 9,500 s.f. commercial/retail buildings in an L-O zoning district located on Lot 7,
Block 1 of Resolution Subdivision in an L-O zoning district. Because the use was not commenced
and building permits were not acquired within the time frame allowed under City Code in effect at
that time, the CUP expired.
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• A modification to the development agreement (MI-OS-016) was approved in 2005 which exempted
Lot 7, Block 1 (the property on the corner of Millennium & Overland) from the requirement for all
uses and development of the subject property to be governed under the conditional use permit
process as a planned development (Instrument No. 106044348).
D. Utilities:
a. Location of sewer: E Overland Road or S Millennium Way
b. Location of water: E Overland Road and S Millennium Way
c. Issues or concerns:
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSNE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The Comprehensive Plan Future Land Use Map currently designates the subject properties "High Density
Residential" (HDR). The proposed amendment would change the land use designation on the properties to
"Commercial".
Per the Comprehensive Plan, the Commercial designation will provide a full range of commercial and retail
to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices. Within this land use category,
specific zones maybe created to focus commercial activities unique to their locations. These zones may
include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that
zone.
Although a specific development plan is not proposed with this application, the applicant proposes to
develop the site with a drive through restaurant on the hard corner of Millennium and Overland with a small
retail strip center behind.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed land use change (staff analysis in italics):
• Require neighborhood and community commercial areas to create a site design compatible with
surrounding uses (e.g., landscaping, fences, etc.)
A 25 foot wide landscape buffer will be required with development of the subjectproperty along the
portion of the south property boundary that is adjacent to residential uses.
• 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 (and continue providing as is the case) 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.
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- 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 (are) 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.
• Cluster new community commercial areas on arterials or collectors near residential areas in such a way
as to complement adjoining residential areas.
The subject property is located on the corner of Overland Road, an arterial street, and S. Millennium
Way, a local street that provides access to Mountain View High School, adjacent offices and residential
apartments. Staff is of the opinion the proposed commercial use of this property will complement and
provide services to these uses.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and
update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must
be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these
policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive
developments within the City of Meridian. The proposed plan for this property is for commercial uses
consistent with the Commercial land use designation. Staff is of the opinion lower intensity commercial
uses will be compatible with the adjacent high density residential development to the south and existing
and future office uses to the west & east and commercial uses 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.
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 specific uses are proposed with this application; only multi-family and vertically
integrated residential uses are allowed in certain commercial zoning districts.
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
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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 high density residential uses on the FLUM;
however, the property is zoned L-O and a large portion of the site was previously approved for retail
uses. Staff is of the opinion future development of the site with low intensity commercial uses will be
compatible with and provide services in close proximity to the surrounding residential, office, and
commercial uses.
e. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property. Because this property is already within
the City 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 adjacent streets that will/do provide access to the subject properties already exist, 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. As there are no natural resources that exist on either of these sites, this element is not
applicable.
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.
k. Recreation
Recreation resources within Meridian include 19 City parks totaling approximately 182 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 future commercial use of the site is consistent with the proposed future land use
designation of Commercial.
PAGE 5
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 June 14, 2011 at which five 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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the principal permitted,
conditional, and accessory uses allowed in the commercial zoning districts.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the commercial
zoning districts apply to development of this site.
D. Landscaping Standards (IJDC 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:
The applicant proposes an amendment to the Future Land Use Map (FLUM) contained in the
Comprehensive Plan to change the land use designation on two parcels of land consisting of a total of
2.54 acres from High Density Residential (HDR) to Commercial.
The FLUM currently designates properties to the north across Overland Road as Commercial & Mixed
Use -Regional (MU-R) -these properties are all currently zoned C-G and are developed with
commercial uses including a movie theatre, restaurant & retail uses. The adjacent properties to the west
are designated HDR, zoned L-O, and are currently vacant but are approved to develop with offices
(CUP-03-057; CUP-04-043). The adjacent properties to the south are designated HDR, zoned L-O, and
are developed with multi-family residential apartments; the properties to the south along the west side of
Millennium Way are developed with offices. The properties to the east across Millennium Way are
designated Commercial, zoned L-O, and are developed with offices.
Although a specific development plan is not included with this application, the applicant proposes to
develop the eastern parcel with a drive through restaurant on the hard corner of Overland and
Millennium with a small retail strip behind, consistent with the proposed Commercial land use
PAGE 6
designation; the existing office building on the western parcel is also consistent with the proposed land
use designation.
A previously approved conditional use permit/planned development (CUP-00-017) that included the
subject parcels allows retail uses in the L-O zoning district on Lot 7, the property on the corner of
Overland & Millennium but does not allow for restaurant uses. A conceptual development plan was
approved with the CUP that depicts how the property was approved to develop (see Exhibit A.2). If the
developer wishes to develop the site in a manner that is not consistent with the approved concept plan, a
modification to the CUP will be required.
If the applicant proposes to develop the site with adrive-thru establishment in the future, a conditional
use permit will be required per UDC Table 11-2B-2 in accord with UDC 11-4-3-11A as there are
existing residences & residential zoning within 300 feet of the property.
The applicant is not proposing to rezone the property at this time. If/when the applicant proposes to
rezone the property in the future to accommodate a restaurant use, Staff recommends a less intense
commercial zoning designation such as C-N which would also allow for retail uses but still be
compatible with adjacent residential uses & zoning. This designation restricts the hours of operation for
businesses from 6 am to 10 pm which would have a lesser impact on the abutting residences and be more
compatible.
Staff is of the opinion the requested FLUM change to Commercial is appropriate for this property for the
following reasons: 1) the subject property on the corner of Millennium & Overland is already approved
for commercial retail uses through CUP-00-017; 2) the relatively small size of the property will
accommodate smaller users which should be compatible & provide services for adjacent uses; 3) the
property abuts Overland Road, an arterial street & Millennium Way, which provides access to Mountain
View High School, adjacent offices & residences -both high traffic roadways where commercial uses
are more appropriate; 4) the property across Overland is developed with commercial uses; 5) offices
exist to the east and south along the west side of Millennium & are approved to develop to the west
along Overland; and 6) high density residential uses exist to the south which would be compatible with a
less intense commercial zone such as C-N & subsequent uses.
For these reasons, Staff recommends approval of the subject application in accord with the findings in
Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Zoning/Aerial Map
2. Conceptual Development Plan Approved with CUP-11-017
3. Adopted & Proposed Future Land Use Map Showing Change from High Density Residential to
Commercial
B. Required Findings from Unified Development Code
PAGE 7
Exhibit A.1: Vicinity & Zoning/Aerial Map
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2. Conceptual Development Plan Approved with CUP-11-017
PAGE 9
3. Adopted & Proposed Future Land Use Map Showing Change from High Density Residential to Commercial
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B. 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.
Staff finds that the proposed change to the Future Land Use Map is consistent with elements
of the Comprehensive Plan that promote compatibility in uses. 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.
Staff finds that the proposal to modify the Future Land Use Map to allow for commercial
uses on this property would be consistent with abutting office and commercial uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of
the Comprehensive Plan.
Staff 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.
Staff finds that the proposed amendment to Commercial for future commercial uses is
consistent with the Unified Development Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Staff finds the development of lower intensity commercial uses on this site will be
compatible with adjacent high density residential, office, and commercial uses.
f. The proposed amendment will not burden existing and planned service capabilities.
Staff finds that the proposed amendment would not burden existing and planned service
capabilities in this area of the city. Sewer and water services are available for 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.
Staff finds the proposed commercial 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, Staff finds that
the proposed amendment is in the best interest of the City.
PAGE 11