Hill Properties - Century Farm AZ 15-004 RZ 15-007ADA COUNTY RECORDER Christopher D. Rich 2015-061375
BOISE IDAHO Pgs=45 VICTORIA BAILEY 07/09/2015 09:39 AM
MERIDIAN CITY NO FEE
IIIIIII III IIIilllllillllli 111111I111111111111I III
00119448201600613760450468
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Investments, LLC, Owner/Developer
3. Hill & Hill Properties, Owner
4. Martin L. Hill, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this I— day of J)Ql j , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite
200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER; and Hill & Hill Properties,
hereinafter called OWNER, whose address is 3625 E. Amity Road, Meridian, Idaho 83642, hereinafter
called OWNER; and Martin L. Hill, whose address is 3625 E. Amity Road, Meridian, Idaho 83642,
hereinafter called OWNER.
RECITALS:
1.1 WHEREAS, Owner/Developer and Owners are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit "A", which is attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer and
Owners made a written commitment concerning the use or development of the
subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner/Developer and Owners have submitted an application for
annexation and zoning of 78.621 acres of land with an R-8 (Medium Density
Residential) zoning district (43.225 acres) and a C -N (Neighborhood Business
District) zoning district (35.396 acres) and an application for the re -zone of
8.391 acres of land from the R-8 (Medium Density Residential) zoning district
to the C -N (Neighborhood Business) zoning district under the UDC, which
DEVELOPMENT AGREEMENT—HILL PROPERTIES/CENTURY FARM SCHOOL—AZ 15-004; RZ 15-007 PAGE 1 OF 11
generally describes how the Property will be developed and what improvements
will be made; and
1.5 WHEREAS, Owner/Developer and Owners made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject Property will be developed
and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the annexation and rezoning of
the subject Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 23`d day of June, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer and Owners to enter
into a Development Agreement before the City Council takes final action on
final plat; and
1.9 WHEREAS, Owner/Developer and Owners deem it to be in its best interest to
be able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, the property described in the re -zone portion of Exhibit "A"
(8391 acres) known as the Brighton school site is no longer subject to the
Development Agreement approved by the Meridian City Council on January
13, 2015 and recorded as Instrument # 2015003138 on January 14, 2015.
1.11 WHEREAS, City requires the Owner/Developer and Owners 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 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 zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
April 19, 2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
DEVELOPMENT AGREEMENT- HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 2 OF 11
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are 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 clear context of the presentation of the same requires otherwise:
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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC,
whose address is 12601 W. Explorer Drive, Boise, Idaho 83713, the party that
owns and is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 OWNERS: means and refers to Hill & Hill Properties, whose address is 3625
E. Amity Road, Meridian, Idaho 83642; and Martin L. Hill, whose address is
3625 E. Amity Road, Meridian, Idaho 83642, the parties that own said Property
and shall include any subsequent owner(s) of the Property.
3.4 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 zoned Medium Density Residential District (R-8) and
Neighborhood Business District (C -N) and rezoned from Medium Density
Residential District (R-8) to Neighborhood Business District (C -N) attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
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:
a. Improve S. Howry Lane as a public street adjacent to the east boundary of this site as
required by Ada County Highway District.
DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ. 15-004; RZ 15-007 PAGE 3 OF 11
b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm
as set forth in UDCl1-2B-3A.4, except for the YMCA which is allowed to operate from
5:00 am to 10:00 pm.
c. Future development of this site shall be generally consistent with the concept plans
submitted with this application included in Exhibit A.3 of the Staff Report that is attached
to the Findings of Fact and Conclusions of Law (Exhibit `B").
d. Future development of this site should include a pedestrian pathway network that links the
mixed use area with the residential and the elementary school/YMCA site as well as
adjacent off-site properties. Vehicular connections should also be provided for
interconnectivity within the site.
e. The existing home in the R-8 zoning district that is proposed to remain at the south
boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall
be required to hook up to City water and sewer service within 60 days of services
becoming available per MCC 9-1-4A; the existing home that fronts on E. Amity Road that
is proposed to be removed with redevelopment of the site and the existing home that fronts
on S. Howry Lane that is proposed to remain in the C -N district as long as the Hill's reside
there are not required to hook up to City services.
f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall
incorporate articulation through changes in materials, color, modulation, and architectural
elements (horizontal and vertical) to break up monotonous wall planes and roof lines.
g. Because the conceptual "bubble" plan for the mixed use area shown in Exhibit A.3 of the
Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit `B")
is very conceptual in nature and only depicts future possible uses and no site details, a more
detailed plan shall be submitted through an amendment to the development agreement
prior to a plat application being submitted and any development occurring beyond the
school/YMCA/park site. To ensure development is consistent with the objectives and
vision of the MU -N designation, at a minimum, the future plan should incorporate the
following:
i. Buildings in the commercial portion of the development should be arranged to
create some form of common usable area such as a plaza or green space;
ii. Transitional uses and/or landscape buffering should be provided between
commercial and existing low- or medium -density residential development;
iii. The project should include at least 3 types of land uses;
iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals,
churches, daycares, civic buildings, or public safety facilities) should be provided;
V. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open
space, library and schools) should comprise a minimum of 10% of the development
area;
vi. Street sections consistent with the Ada County Highway District Master Street Map
are required;
DEVELOPMENT AGREEMENT- HiLLPROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 4 OF 11
vii. Neighborhood serving uses and dwellings should be integrated;
viii. Residential uses should comprise a minimum of 40% of the development area with
net densities ranging from 4 to 8 units per acre with supporting non-residential
services. Non-residential uses should be smaller scale and provide a good or service
that people typically don't travel more than a mile for and need regularly;
ix. Non-residential buildings should be proportional to and blend in with residential
buildings;
X. Employment opportunities for those living in the neighborhood are encouraged;
xi. Connectivity and access between non-residential and residential land uses is
critical;
xii. Maximum building size should be limited to a 20,000 s.f. building footprint
(excluding the school site) unless a structure contains a mix of both residential and
office or commercial land uses;
xiii. Planning of the C -N property north of the park and YMCA shall consider
appropriate visibility, parking and emergency access to the future neighborhood
park.
h. A landscape buffer to residential uses is not required adjacent to the Hill home at the
southeast corner of the site as buffering will be achieved through the adjacent City park,
YMCA and school complex and the property will eventually be part of the YMCA site.
i. The annexation area shall be subdivided prior to issuance of any building permits beyond
those required for the development of the school, YMCA and park site as shown on the
conceptual development plan.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms
and conditions included in this Agreement shall constitute default under this
Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the curing of
the same with diligence and continuity.
DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 5 OF 11
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal of
the zoning designations described herein, solely against the offending portion
of Property and upon City's compliance with all applicable laws, ordinances
and rules, including any applicable provisions of Idaho Code §§ 67-6509 and
67-6511. Owner/Developer reserves all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Fourth Judicial District
Court in Ada County by either City or Owner/Developer, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. 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 default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer 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. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, 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.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
DEVELOPMENT AGREEMENT -HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 MAGE 6 O it
insure the installation of required improvements, which the Owner/Developer agrees to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and accepted by the City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Brighton Investments, LLC
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
OWNERS:
Hill & Hill Properties
3625 E. Amity Road
Meridian, Idaho 83642
Martin L. Hill
3625 E. Amity Road
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 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.
15. 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.
DEVELOPMENT AGREEMENT-HILLPROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 7 OF 11
16. 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.
17. 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, 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, upon written request of Owner/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.
18. 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.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending
such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer, Owner and 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/Developer, Owner and 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.
DEVELOPMENT AGREEMENT- 1- tILLPROPERTIES/CENTURY FARM SCHOOL -A2, 15-004; R7. 15-007 PAGE 8 O 11
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.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Brighton lVestments, LLC
By
tf,t
OWNERS:
Martin L. Hill
Hill & Hill Properties
: VON, ✓,IYI
ATTEST:
Holman,== y Clerk
DEVELOPMENT AGREEMENT —
5A
CITY OF MERIDIAN
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SCHOOL -AZ 15-004; RZ 15-007
PAGE 9 OF 11
STATE OF IDAHO )
ss:
County of Ada, )
On thisof 2015, before me, the undersigned, a Notary Public in and
for said State, personal] appe/ared liV Jul /(�!m �illuJ known or identified to me to
be th A 4aof Brighton Investments, LLC, and acknowledged to me that he
executed thdAme 6 behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set
and year in this certificate first above written.
STATE OF IDAHO )
Residing ak-,
My Commission
and affixed my official seal the day
M
ss:
County of Ada,
On this ) y of 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared Martin L. Hill, known, identified and acknowledged to me to be
the person that executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
N tart' Pu or o
r Residing at. ( j
My Commission Ex ' es:
d/7
,i
DEVELOPMENT AGREEMENT- HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 10 OF
I
STATE OF IDAHO )
ss:
County of Ada, )
On this 05 y of
for said State, personally ap
2015, before me, the undersigned, a Notary Public in and
lOYiiv /-. 142 L,� -, known or identified tome to
be them st11 44 .til. f Hill & Hill Properties, and acknowledged to me that he executed
the same on eha Hill & Hill Properties.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
STATE OF IDAHO )
ss
County of Ada
I
M
On this day of 2015, before me, a Notary Public,
personally appearedtndl and Jaycee L. Holman, know or identified to me to be the
an C erY xes c e , of -the City— oTMeridian, who executed the instrument or the person that
execute t e I ment 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
and year in this certificate first above written.
(SEAL)
otary ublrcfo!ho --
r Ida
,�
Residing at: e "(A\ awn 1
Commission expires: �,- n ti
DEVELOPMFNTAGREEMENT-HILL PROPERTIES/CENTURY FARM SCHOOL -AZ 15-004; RZ 15-007 PAGE 11 OF
11
Exhibit A
aILL, -m"n-uc"o
c 9213 WESTSTAYf. S'f0EU j 401SE, ID 84714 1 208.639.6939 1 FAX 208.639.6930
April 29, 2015
Project No.: 14-031
EXHIBIT A
LEGAL DESCRIPTION FOR
PARCEL. ANNEXATION
A parcel of land being a portion of the North 1/7, of the NW 1/4 of Section 33, Township 3 North, Range 1 Fast,
Boise Meridian, Ada County, Idaho and being more particularly descelbed as follows:
Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears
N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of sell( Section
33;
Thence following the northerly line of said NW 1/4 of Section 33, S89°1522"E a distance of 350.17 feet to the
POINT OF BEGINNING.
Thence fnllowing said northerly fine, S89'1512 211E a distance of 980.14 feet too point being the W 1/16 corner
of said Section 33;
Thence following said northerly lion S89°15'22" f. a distance of 1,330.31 (eel to a found brass cap marking the
North 1/4 corner of said Section 33;
Thence leaving said northerly line and following the easterly line of said Section 33, 500"19'09"W a distance of
1,329.06 feet to a found 5/8 -Inch rebar marking the CN 1/16 corner of said Section 33;
Thence leaving sold easterly line anti following the southerly line of the North 1/2 of said NW 1/4 of Section
33, N8902752"W a distance of 2,658.26 feet to a found 3/4 -Itch mbar marling the N 1/16 corner of said
Section 33;
Thence leaving said southerly line and following the westerly line of said NW 1/4 of Section 33, N00°13'13"E a
distance of 988.57 feet to a point;
Thence leaving sail westerly line, 5891115'22"I: a distance of 350.1.7 feet to a point;
Thence N00'13'13"E a distance of 350.17 feet to the POINT OF BEGINNING.
Said parcel contains 78.621 acres, more or less, and is subject to all existing easements and/or rigbts•of-way of
record or Implied.
Attached is EXHIBIT B and by this reference made a parr OE
ENCINFERS I SII8VEY0R5 I PLANNERS
wvrw.krnenglip.mnt
Hill Properties/Century Farm School — AZ 15-004
EXHIBIT A
t� e 9:'.3 WF4f titA?F'•N:fil I L'tjiSt., Ifl Rai P1 I /.0`.639.6939 � FAX 208.639,119}0
April 29, 2015
Prefect No.: 14.031
EXHIBrTA
I.EGAI, DESCRIPTION FOR
REZONE To C -N
A parcel a parcel or land sl Waled in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 33,
Township 3 North, (range f East, Boise Meridian, city of Merldian, Ada County, Idaho, and being more
particularly described as fallo us:
Commencing at an aluminum cap nu m nienl muuking the north 1/4 corner of said Section 33, thence
following the easterly fine of the Northvresf 114 of sold Section 33, S0019'09"tN a distance of 1,329.06
feet to a found 5/8 -inch rebar n nt'lang the nornleast corner of said Southeast 1/4 of the Northwest 1/4
(GN 1/16 corner) and being the POINT OF BEGINNING.
Thence following said easterly line, 500'19'09"W a distance of 141.58 feet to a point which bears
NO(MV091E a distance of 1,187.43 feet from a found 5/8 -inch rebar marking the Center of said Section
33;
Thence leaving said easterly line, 540'18'58"W a distmcae 01 99.45 toot to a point;
Thence 254,21 feet along the arc of a circular curve to the right, slid curve having a radius of 331.50
feel, it rialto angle of 43'56'14", a chord bearing of 562"17'04"W and a chord distance df 248,03 feet to
a point;
Thence S84°1.5'11"W a distance of 120.50 Met to a point,
Thence 340.80 feet along the arc of a circular cwve to the tefl, said curve having a radius of 658-50 feet,
a delta angle of 31"34'16", a chord bearing of S68028103"W and a chord distance of 33b -SS feet to a
Point;
Thence N9719'04"W a distance of 63.00 feet to a point;
Thence N33'2S'OO"W a distance of 20.05 feef to a point;
Thence 1454'48'00"W a distance of 101.74 feet to a point;
Thence N70'23'47"W a distance of 85.44 feet to a point;
Thence N83"29'14"W a distance o€71.86 feet to a point;
Thence 1489'27'54"W a distance of 9819 feet to a point'
Thence NBB'32'06"E a distance of 307.67 feet to a point on the nordterly line of said Southeast 1/4 of
the Northwest 1/4;
Thence following said northerly line, 589"27'52"E a distance of 1.090.81 feet to the POINT OF
BEGINNING.
Said parcel contains 8.391 acres, snore or less, and issubyect to all existing easements and/orri8hts-of•way
of record or implied.
Attached hereto is Exhibit Band by this reference is made a pari hereon.
(NfilNflltti 111111WFyOM ( P1ANNl'11}
tvwacl wengnllrain
Hill Properties/Century Farm School AZ -15-004; RZ-15-007
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
EDAHO
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Future Land Use Designation on 87.01 Acres of Land from Low Density Residential
(LDR) to Mixed Use —Neighborhood (MU -N); Annexation and Zoning of 78.62 Acres of Land with
R-8 (43.2 Acres) and C -N (35.4 Acres) Zoning Districts; and Rezone of 8.39 Acres of Land from the
R-8 Zoning District to the C -N Zoning District, by Martin Mill and hill & Bill Properties.
Case No(s). CPAM-15-001; AZ -15-004; RZ-15-007
For the City Council Hearing Date of. June 16, 2015 (Findings on June 23, 2015)
A. Findings of Pact
1. Hearing Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 16, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 19, 2015, incorporated by reference)
B. Conclusions of Law
1. The City ol'Meddian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the conunent(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 OP LAW AND DECISION & ORDER
CASE NO(S). CPAM-15-001; AZ -15-004; RZ-15-007
-I-
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 pity requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 16, 2015, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
tate above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
I. The applicant's request for an amendment to the Future Land Use Map contained in the
Comprehensive Plan is hereby approved per the staff report for the hearing date of June 16,
2015, attached as Exhibit A.
2. The applicant's request for annexation and zoning is approved with the requirement of a
development agreement containing the provisions noted in Exhibit B of the staff report for the
hearing date of June 16, 2015, attached as Exhibit A.
3. The applicant's request for a rezone is approved per the staff report for the hearing date of June
16, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC I 1-5B-3 D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
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 development
application entitles the Owner to request a regulatory taking analysis. Such request in be in
writing, and must be filed with the City Clerk not more that twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please talce notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has all 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.
Attached: Staff Report for the hearing date of June 16, 2015
CITY OF MERIDIAN FINDINGS OP FACT. CONCLUSIONS OP LAW AND DECISION R ORDER
CASE NO(S). CPAM-I5-001; AZ -15-004; RZ-15-007
-2-
By action of the City Council at its regular meeting held on the Z3''� day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED I/U(1,,
COUNCIL VICE PRESIDENT KEITH BIRD VOTED W D%.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED L* U
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) ---
Mayor T de Weerd
Attest:2c°
4,
Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: (.o
City C)drk'sOfce �—
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-15-001; AZ -15-004; RZ-I5-007
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: June 16, 2015 CVE IDIAM ,
TO: Mayor & City Council D li
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CPAM-15-001; AZ -15-004— Hill Properties
RZ-15.007 — Century Farm School
I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST
The applicants, Martin Hill and Hill & Hill Properties, have submitted an application for an amendment to
the Comprehensive Plan Future Land Use Map (CPAM) to change the future land use designation on 87.01
acres of land from Low Density Residential to Mixed Use — Neighborhood. Annexation and zoning (AZ) of
78.62 acres of land with R-8 (49,&3 43-2 acres) and C -N (35:79 35.4 acres) zoning districts is also proposed.
The applicant, Brighton Investments, has submitted an application for a rezone (RZ) of 8.39 acres of land
from the R-8 (Medium Density Residential) to the C -N (Neighborhood Commercial) zoning district. See
Section V111, Analysis, for more hifo oration.
I1. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, AZ and RZ applications based on the Findings of Fact
and Conclusions of Law in Exhibit B of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on May 21, 2015. At the public
hearing, the Commission moved to recommend approval of the subject CPAM, AZ and RZ requests.
a. Summary of Commission Public Hearing:
L In favor: Mike Wardle
ii. In opposition: None
hill. Commenting: None
iv. Written testimony: Mike Wardle
v. Staff presenting application: Sonya Watters
A. Other staff commenting on application: None
b. ICey Issue(s) of Discussion by Commission:
L None
c. Key Commission Change(s) to Staff Recommendation:
i. Modify DA provision #1.1.e to allow the 2 existing homes in the C -N district to remain until
redevelopment occurs, rather than be zoned R-8: and not require them to hook up to City services.
ii. Modify DA provision #I.l.b to allow an extension of the hours of operation in the C -N district for the
YMCA to open at 5 am rather than 6 am.
iii. Modify DA provision #l.I.a.viii to allow a net density in the R-8 zoned portion of the development to
be 4-8 units/acre consistent with the Hill's Centmv Farm development immediately to the south,
rather than 6-8 units/acre.
iv. Include a provision in the DA that a landscape buffer to residential uses is not required adjacent to
the Hill home at the southeast corner of the site as buffering will be achieved through the adiacent
Citv park, YMCA and school complex and the property will eventually. be part of the YMCA site (see
DA provision #1.1.h).
Hill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 1
EXHIBIT A
d. Outstanding Issues) for City Council:
L None
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111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-15-001;
AZ -15-004; RZ-15-007, as presented in the staff report for the heating date of June 16, 2015, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-15-001;
AZ -15-004; RZ-15-007, as presented during the hearing on June 16, 2015, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-15-001; AZ -15-004; RZ-15-007 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason($) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the east side of S. Eagle Road and the south side of E. Amity Road, in
the northwest V4 of Section 33, Township 3 North, Range 1 East.
hill Properties/Century Paton School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 2
KNEW
111111 M1111t 111,
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r' 1 1 11Twitsupol iWiRt 1110I! Ira M.I]MMEMMUNIZU7111 III t it 11 4 1
111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-15-001;
AZ -15-004; RZ-15-007, as presented in the staff report for the heating date of June 16, 2015, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-15-001;
AZ -15-004; RZ-15-007, as presented during the hearing on June 16, 2015, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-15-001; AZ -15-004; RZ-15-007 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason($) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the east side of S. Eagle Road and the south side of E. Amity Road, in
the northwest V4 of Section 33, Township 3 North, Range 1 East.
hill Properties/Century Paton School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 2
EXHIBIT A
B. Applicant:
Martin L. Hill; Hill & Hill Properties; and Brighton Investments
c/o 12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Same as applicants
D. Representative:
Mike Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment, annexation and zoning, and
rezone. A public hearing is required before the Planning & Zoning Commission and City Council on
these matters, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 4, and 18, 2015 (Commission); May 25 and June 8, 2015
(City Council)
C. Radius notices mailed to properties within 300 feet on: April 30, 2015 (Commission); May 26, 2015
(City Council)
D. Applicant posted notice on site by: May 11, 2015 (Commission); June 1, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s): The existing land use of this site is single-family rural residential/agricultural,
zoned RUT in Ada County and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: E. Amity Road, an assisted living facility, rural residential /agricultural properties and a future
school site, zoned RUT in Ada County
South: Single-family residential properties in the development process (Hill's Century Farm), zoned R-8
East: Rural residential/agricultural properties, zoned RUT in Ada County
West: S. Eagle Road, rural residential/agricultural property, zoned RUT in Ada County
Northwest: An Idaho Power substation is located at the southeast corner of Eagle and Amity roads,
zoned RUT in Ada County.
C. History of Previous Actions:
In 2014, an 8.34 acre portion of the site, located at the south boundary, was annexed (AZ -14-012)
with an R-8 zoning district and included in the Hill's Century Farm preliminary plat (PP -14-014).
Development of this property is currently governed under the development agreement for Hill's
Century Farm Subdivision, recorded as Instrument 42015-003138. This portion of the site is
proposed to he rezoned to C-Nfor an elementai); school.
Hill Propenies/Century Fann School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 3
EXHIBIT A
D. Utilities:
a) Location of sewer: Sanitary sewer is available within the vicinity and will need to be extended by
the developer.
b) Location of water: Water service is available within the vicinity and will need to be extended by the
developer.
c) Issues or coneems: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are sone irrigation ditches that cross this site.
2. Hazards: NA
3. Flood Plain: This property does not lie within the Floodplain Overlay District.
VII. COMPREHENSIVE PLAN ANALYSIS
EXISTING MAP DESIGNATION:
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject land for
Low Density Residential (LDR) uses (see Exhibit A.2).
The LDR designation allows for the development of single-family homes on large lots where urban services
are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre.
PROPOSED MAP DESIGNATION:
The applicant proposes to change the FLUM designation on the subject property from LDR to Mixed Use —
Neighborhood (MU -N) (see Exhibit A.2).
The purpose of the MU -N designation is to assign areas where neighborhood -serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to avoid predominately single -use developments by
incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-
residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service
that people typically do not travel far for (approximately one mile) and need regularly. Employment
opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-
residential and residential land uses is particularly critical in MU -N areas. Tree -lined narrow streets are
encouraged. Developments are encouraged to be designed according to the conceptual MU -N plan depicted
in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Comprehensive Alan for store
information.
.
The applicant proposes to develop Medium density residential (4 to 8 units/acre), neighborhood scale retail,
office, professional and convenience uses on the west and north portions of the site as shown on the I"
concept plan in Exhibit A.3. An elementary school, YMCA, City Park, and potentially, a library and health
complex is planned on the southeast portion of the site as shown on the 2nd concept plan shown in Exhibit
A.3; this area is proposed to develop first.
Approval of a MU -N FLUM designation will allow zoning appropriate for the aforementioned uses.
Approval of the snap amendment allows the applicant to apply for zoning which will accommodate the
YMCA and school uses as principal permitted uses as well as allow for a mix of neighborhood -friendly
commercial and residential uses to develop on the site that will collaborate as a mixed use development.
Because the conceptual "bubble' plan for the mixed use area shown in Exhibit A.3 is very conceptual in
nature and only depicts future possible uses and no site details, Staff recommends a more detailed plan is
submitted through a future amendment to the development agreement, prior to a plat application
being submitted and any development occurring beyond the scliool/YMCA/parlt site. This provision
Bill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 4
EXHIBIT A
will ensure development is consistent with the objectives and vision of the MU -N designation. At a
minimum, the future plan should incorporate the following:
Buildings in the commercial portion of the development should be arranged to create some form of
common usable area such as a plaza or green space;
Transitional uses and/or landscape buffering should be provided between commercial and residential
uses;
The project should include at least 3 types of land uses;
Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares,
civic buildings, or public safety facilities) should be provided; (as proposed)
Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and
schools) should comprise a minimum of 10% of the development area; (as proposed)
Street sections consistent with the Ada County Highway District Master Street Map are required;
Neighborhood serving uses and dwellings should be integrated:
Residential uses should comprise a minimum of 40% of the development area with densities ranging
from 6 to 8 units per acre with supporting non-residential services. Non-residential uses should be
smaller scale and provide a good or service that people typically don't travel more than a mile for
and need regularly; (6 to 8 units per acre is consistent with the R-8 zoning & falls within the range
desired in MU-Ndesignated areas)
Non-residential buildings should be proportional to and blend in with residential buildings;
Employment opportunities for those living in the neighborhood are encouraged;
Connectivity and access between non-residential and residential land uses is critical;
Maximum building size should be limited to 20,000 s.f building footprint (excluding the school site)
unless a structure contains a mix of both residential and office or commercial land uses.
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
"Require landscape street buffers for new development along all entryway corridors." (2.01,02E)
A 25 foot wide landscape buffer will be required with developunent along S. Eagle Road and E. Amity
Road both arterial streets, and a 20 foot ivide buffer will be required along S. Howey Lane designated
as a future collector street; landscaping should be installed in accord with the standards listed in UDC
11 -3B -7C Landscape Buffers along Streets.
"Locate small scale neighborhood commercial areas within planned residential developments as part of
the development plan." (3.05.0113)
The proposed concept plan depicts a mix of residential, neighborhood fiienclly commercial uses, an
elementary school, YMCA, and possibly a library and health complex.
"Require neighborhood and community commercial areas to create a site design compatible with
surrounding uses (e.g. landscaping, fences, etc.)." (3.05.02A)
The Faure neighborhood connnercial uses should create a site design that provides appropriate
landscaped buffers to residential uses while integrating the unix of uses through conplennentevy building
Hill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 5
EXHIBIT A
materials and design elements and pedestrian and vehicular interconnectivity. Several of the proposed
Developnretrl Agreement provisions will ensure compliance with this policy.
"Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The UDC (11-3A-3) restricts access to arterial and collector streets when access is avallablefr•oni a
local sweet. Future development should comply with the standards for access listed in UDC 11-3A-3.
"Adopt land use designations that will allow for housing opportunities for all income levels." (3.07.01D)
The proposed MU -N land use designation and subsequent R-8 and C-Nzoning will allowfor a variety oj'
residential opportunities within this area which will contribute to the variety of housing opportunities
available in the City.
"Consistent with the Transportation and Land Use Integration Plan, require all new residential
neighborhoods to provide sidewalks, curb and gutters, and complete streets." (3.07.02B)
No development is proposed with this application. Upon development of each phase of this project, the
developer will be required to provide sweet improvements.
"Require pedestrian access connectors in all new development to link subdivisions together to promote
neighborhood connectivity as part of a community pathway system." (3,03.0313)
Future development of this site should include pedestrian pathways that link the mixed use area with the
residential and the elementmy school/YMCA site as well as to adjacent off-site properties.
"Provide a variety of park types (neighborhood parks, community parks, regional parks) interspersed
throughout the community." (6.01.02F)
The concept plan proposes a neighborhood parte consisting of approximately 10 acres to be developed
on this site, in the vicinity ofthe elenientaryschool and YMCA.
"Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning." (3.06.0113)
The proposed C -N zoning allows for neighborhood friendly small-scale commercial uses with limited
hours of operation. A minimun 20 foot wide landscape buffer to residential uses will be required in the
fitture in accord with the standards listed in UDC 11 -3B -9C.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and
update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must
be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these
policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive
developments within the City of Meridian. The intended use of this property is a mix of single-family
dwellings at densities of 4 to 8 dwelling units per acre; neighborhood scale retail, office, professional,
and convenience uses; and an elementary school, YMCA, City park, and potentially a library and health
complex. There are no specific commercial uses proposed with this application. To promote quality
design, all future structures, except for single-family detached homes, will be required to comply with
the City's design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
hill Properties/Century Farm School CPAM-15.001; AZ -15.004; RZ-15.007 PAGE 6
EXHIBIT A
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and should 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. This site is currently designated for low density residential uses (under 3 dwelling units per
acre) and the applicant proposes to change the land use designation on 39.83 acres of the site to allow
medium density residential uses (3-8 dwelling units per acre) and neighborhood friendly commercial
uses as well as a school, YMCA, and potentially a library and health complex. The future single-family
residential units will contribute to the variety of housing options available within the City and the
commercial portion will provide services to area residents.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming -based
economy to a retail, service, and manufacturing -based economy. During this time, local policy with
regard to the types of lands needed to support the economic and employment needs of the community
has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of
commercial lands in order to gradually broaden economic opportunity throughout the City.
The subject property is currently identified as appropriate for low density residential uses. Because the
site is located at the comer of two arterial streets and a mid -mile collector street, Staff believes medium
density residential uses near the comer and commercial uses near the mid -mile adjacent to the collector
may be more appropriate and provide a transition to lower density residential uses to the south and east
of the site.
e. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property and will be extended upon development
by the developer.
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. No comments have been received from the West Ada School
District to determine if the school facilities and student transportation in this area are adequate to serve
additional residents. However, a new elementary school is proposed as part of this development to break
ground this fall and a new high school is planned to the north at the northwest corner of E. Amity Rd.
and S. Howry Ln. which should help serve existing and new residents. According to the school districts'
boundary map, Lake Hazel Elementary, Lake Hazel Middle, and Mountain View high School currently
serve the residents in this area.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because the existing plan for the site is low density residential, Staff is of the opinion the proposed
FLUM amendment to medium density residential and mixed use neighborhood would increase traffic
within this area of the City.
Hill Properties/Centmy Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 7
EXHIBIT A
h. Natural Resources
The propose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by
the proposed development.
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 developed City parks totaling approximately 248 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 is of the opinion the proposed single-family residential and neighborhood commercial development
of this site is consistent with the proposed future land use designation of MU -N,
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 Division 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 malting 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 April 9, 2015 of which I I people attended (see sign-up sheet included in application).
STAFF ANALYSIS: Staff believes the MU -N designation is appropriate for this property due to the above -
noted reasons. Additionally, locating the neighborhood commercial uses near the mid -mile with an
elementary school, YMCA, City Park and possibly a library and health complex to the south, along with
supporting residential uses meets the intent of mixed use designated areas. Therefore, staff is in support of
the applicant's request for an amendment to the FLUM from LDR to MU -N.
Hill Properties/Century Farm School CPAW 5-001; AZ -15-004; RZ-15-007 PAGE 8
EXHIBIT A
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone 78.62 acres of land with R-8
(39.83 acres) and C -N (38.79 acres) zoning districts. As discussed above in Section VII, staff believes
the proposed zoning is consistent with the corresponding proposed FLUM designation of MU -N and the
policies in the Comprehensive Plan. If the CPAM is not approved, the annexation and zoning of this
property should not proceed.
A conceptual site plan was submitted that depicts how the site is proposed to develop with a mix of uses
consisting of medium density residential homes at densities of 4-8 dwelling units per acre; neighborhood
scale retail, office, and professional convenience uses; and West Ada elementary school, a YMCA, City
park, and potentially a library and health complex (see Exhibit A.3). The applicant plans to subdivide the
annexation area in the future.
There are 3 existing homes on this site. The ]tome along the center of the south boundary of the
annexation area is proposed to be zoned R-8 and is proposed to remain. The (tome at the southeast corner
of the site is proposed to be included in the C -N zoned area and is proposed to remain as long as the
current owners live there; after which time, the YMCA will then redevelop and expand into that area.
The home along the north boundary of the site is also proposed to be included in the C -N zoned area and
is proposed to remain until redevelopment occurs, at which time the home and outbuildings will be
removed. The C -N zone prohibits single-family residential uses; therefore, staff recommends if the
applicant does not want to remove the two existing homes, that they are annexed with a residential
zone and rezoned in the future when the site is ready to redevelop commercially. Staff further
recommends the legal description for the C -N zone is revised to exclude these residential
properties; the legal description for the R-8 zone is revised to include the residential property
adjacent to Amity Road; and a new legal description for the R-8 zone is submitted for the
residential property at the southeast corner of the site, prior to the City Council meeting.
The existing homes will be required to hook up to City water and sewer service within 60 days of
services becoming available per MCC 9-1-4A. The addresses of the existing homes to remain on the site
will be changed at the time of development of the property.
The legal description submitted with the application, included in Exhibit C, shows the boundaries of the
property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation or rezone
pursuant to Idalio Code section 67-6511 A. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation and zoning with the
provisions included in Exhibit B.
REzoNE (RZ): The applicant proposes to rezone 8.39 acres of land along the southern boundary of the
site from the R-8 to the C -N zoning district consistent with the proposed MU -N FLUM designation. This
property was annexed with the Hill's Century Farm development in 2014.
The school building is proposed to extend over the north property boundary onto the subject Hill
property. Approval of the rezone to C -N will allow the school parcel to be regulated under one zoning
jurisdiction rather than two and will allow the school to develop without approval of a conditional use
permit, which is required in the R-4 district.
The applicant plans to submit a property boundary adjustment application after the annexation and
rezone is approved to reconfigure the existing parcel boundaries to create a buildable parcel for the
Bill Properties/Century Farm School CPAM-15-001; AZA 5-004; RZ-15-007 PAGE 9
EXHIBIT A
school, YMCA and other associated uses. The West Ada School District plans to begin construction of
the elementary school late this summer.
The legal description submitted with the application, included in Exhibit C, shows the boundaries of the
property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho
Code section 67-651 IA. Because the rezone area is proposed to develop as part of the larger annexation
area to the north, Staff recommends this property is removed from the existing DA (recorded as
Instrument 42015-003138) and included in the DA required for the annexation area. This will ensure this
site develops as proposed with this application per the concept plan included in Exhibit A.3.
Staffis recommends approval of the proposed CPAM, AZ and RZ applications with the requirement ofa
development agreement with the provisions listed in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
3. Conceptual Development Plan iREVISEDI
B. Agency & Department Comments/Conditions
C. Legal Descriptions and Exhibit Maps for Proposed Annexation & Rezone IREVI$$I�)
D. Required Findings from Unified Development Code
Hill Properties/Centnty Farm School CPAM-15.001; AZ -15.004; RZ-15-007 PAGE 10
3
It
Site
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EXHIBIT A
Exhibit A.2: Existing & Proposed Future Land Use Map
Data: 5115/2015 Existing Land Uses
Bill Properties/Century Farm Scbool CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 13
EXHIBIT A
Elementary School, YMCA, City
Park, Library, and Health Complex ii
Hill Properties/Century Faun School CPAM-15-001; AZ-15-004;RZ-15-007 PAGE 15
EXHIBIT A
B. Agency & Department Comments
1. PLANNING DIVISION
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the annexation. The DA shall, at minimum, incorporate
the following provisions:
a. Improve S. Howry Lane as a public street adjacent to the east boundary of this site as required by
Ada County Highway District.
b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm as set forth
in UDCI 1-213-3AA except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm.
b. Future development of this site shall be generally consistent with the concept plans submitted with
this application included in Exhibit A.3.
d. Future development of this site should include a pedestrian pathway network that links the mixed
use area with the residential and the elementary school/YMCA site as well as adjacent off-site
properties. Vehicular connections should also be provided for interconnectivity within the site.
e. The thwe•(34 existing homes in the R-8 zoning district drat a_pf�tpp��d tyre air at the ou_th
b�Una thannex at�n area mi... way_between_S. Eagle RQaa _S Ho"rv.Lar�e.shall be
required to hook up to City water and sewer service within 60 days of services becoming available
Der MCC 9-1-4A; the two -(es) existine homes in the that fronts on E.Amity Road that is nr000sed to
Wmil-IM1111. 1-2
f The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate
articulation through changes in materials, color, modulation, and architectural elements (horizontal
and vertical) to break up monotonous wall planes and roof lines.
g. Because the conceptual "bubble" plan for the mixed use area shown in Exhibit A.3 is very
conceptual in nature and only depicts future possible uses and no site details, a more detailed plan
shall be submitted through an amendment to the development agreement prior to a plat application
being submitted and any development occurring beyond the school/YMCA/park site. To ensure
development is consistent with the objectives and vision of the MU -N designation, at a minimum,
the future plan should incorporate the following:
i. Buildings in the commercial portion of the development should be arranged to create some
form of common usable area such as a plaza or green space;
ii. Transitional uses and/or landscape buffering should be provided between commercial and
existing low- or medium -density residential development;
iii. The project should include at least 3 types of land uses;
iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches,
dayeares, civic buildings, or public safety facilities) should be provided; (as proposed)
Hill Properties/CenturyFarm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 16
EXHIBIT A
V. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space,
library and schools) should comprise a minimum of 10% of the development area; (as
proposed)
vi. Street sections consistent with the Ada County highway District Master Sheet Map are
required;
vii. Neighborhood serving uses and dwellings should be integrated;
viii. Residential uses should comprise a minimum of 40% of the development area with net
densities ranging from 6-4 to 8 units per acre with supporting non-residential services. Non-
residential uses should be smaller scale and provide a good or service that people typically
don't travel more than a mile for and need reeularly: tJr
ix. Non-residential buildings should be proportional to and blend in with residential buildings;
X. Employment opportunities for those living in the neighborhood are encouraged;
xi. Connectivity and access between non-residential and residential land uses is critical;
xii. Maximum building size should be limited to a 20,000 s.f. building footprint (excluding the
school site) unless a structure contains a mix of both residential and office or commercial
land uses.
xiii. Plannine Qf the CN_ rogerty_11 h._of the ark and MCA__&ball c ni er appropriate
vi 1 flit ,p ing and emege yc acCCSs to elaatttu�e oe ghborhood park.
h.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The addresses of the existing homes to remain on the site will be changed at the time of development of
the property.
2,1.2 Sanitary sewer and water service to the subject site will be via extensions of existing mains in the
vicinity. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide service
outside of a public right-of-way. Minimum cover over sewer ]rains is three feet, if cover from top of
pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility,
or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian's standard fors. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Ilill PropcoieslCenturyy Farm School CPAM-15-001; AZ -15.004; RZ-15-007 PAGE 17
EXHIBIT A
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.1.4 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of
the total construction cost for all completed sewer, water and reuse infrastructure for duration of two
years. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application,
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this application.
Bill Properties/Century Farm School CPAM-15-001; AZ -15-004; R7-15-007 PAGE 18
EXHIBIT A
C. Legal Descriptions and Exhibit Maps for Proposed Annexation & Rezone
UIL. (�tV-Ur.,;e2
km 923311VFST SLAR.. 5111E0 1 13OI5L,10113714 I 203639.6939 I fAUU1639.69Y)
April 29, 2015
Project No.: 14-033
EXHIBIT A
LEGAL DESCRIPTION FOR
PARCEL ANNEXATION
A parcel of land being a portion of the North 1/2 of the NW 114 of Section 33, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Who and being more partimlady described as follows:
Commencing at a found aluminum cap marking the Northwest cornerof said Section 33, which hears
N89'15'22"W a distance of 2,660,61 feet from a found brass cap marldngthe North 1/4 corner of said Section
33;
Thence following the northerly line of said NW 1/4 of Section 33, S89-IS'22"E a distance of 350.17 feet to the
POINT OF BEGINNING.
Thence following said northerly line, 589"15'22"F a distance of 980.14 feet to a point being the W 1/16 corner
of said Section 33;
Thence following said northerly line S89°15'22"E a distance of 1,330.31 feet to a found brass cap marking the
North 1/4 corner of said Section 33;
Thence leaving said northerly line and following the easterly line of said Section 33, S00'I9719"W a distance of
1,379.06 feet to a found 5/8 -inch rebar marking the CN 1/16 cornerof said Section 33;
Thence leaving said easterly Ifneantl following the southerly line of the North 1/2 of said NW 1/4 of Section
33, N89°27'52"W a distance of 2,658.26 feet Loa found 3/4 -Inch rebai marling the N 1/16 conrerofsald
Section 33;
Thence leaving said southerly line and following the westerly line of said NLN 1/4 of Seclion 33, N00°13'13"E a
distance of 989.57 feet to a point;
Thence leaving said westerly line, 589.1522" E a distance of 350.17 feet to a point;
Thence 1400"13'13"E a distance of 350.17 feet to the POINT OF BEGINNING.
Said parcel contains 78,621 acres, moreor less, and is subject to all existing easements and/or rights-of-way of
record or Implied.
Attacher) is EXHIBITS and by this reference made a part of.
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[Mill Properties/Century Farm School CPAM-15-001; AZ -15-004; ItZ-15.007 PAGE 19
POINT OF COMMENCEMENT
NW CCP SECTION 33
E. Amity Road E
D;1T_w x-9pr-980.14'--
P
POINT 0.F WEST 1/15
P BEGINNING SECTION$ 2
5.22'E§ Total Am
C Li APN: S1133223005
11
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SECTIONS 32&33
1329.13' SEC .-. c
LEGEND
Q
BRASS CAP
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ALUMINUM CAP
3/4 -INCH REBAR
5/8 -INCH REDAR
d
CALCULATED POINT
—'- — — —REZONE BOUNDARY
— — — —
—SECTION LINE
—P/xRIGHT-OF-WAY
UNE
EXHIBIT A
NORTH 1/4 COR
EAAINGS SECTION 33
2650.61' _
Area: 78.621±
n AAN: 51133212450
.: tM
p, Ic UNPLATTED
33
— 1329.18
PROPOSED HILL'S
CENTURY FARM
SUBDNiSION
N
0 200 400 800
T "=400\
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AFN: 51173212420
CN 1118 CCR
5ECTION 33
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Bill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 20
EXHIBIT A
ki"9233 WEST STATE STREET j BOISE,ID83714 1 208.639.6939 1 FAX208.699.6930
June 18, 2015
Project No.: 14.031
EXHiBITA
LEGAL DESCRIPTION FOR
REZONE TO RS
A parcel of land being a portion of the NW VA of the NW 1/4, and a portion of the NE 1/4 of the NW 114 of
Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly
described as follows:
Commencing at a found aluminum cap marking the Northwest comer of said Section 33, which bears
N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section
33; ,
Thence following the northerly line of said NW 114 of Section 33, S89°15'22"E a distance of 350.17 feet to the
POINT OF BEGINNING.
Thence following said northerly line, 589"1522"E a distance of 1,151.56 feet to a point;
Thence leaving said northerly line, 500°1611"W a distance of 1333.28 feet to a point on the southerly line of
the North 112 of said NW 1/4;
Thence following sold southerly line, N89'27'S2"W a distance of 1,500.54 feet to a found 3/4 -inch rebar
marking the N 1/16 corner of said Section 33 and Section 32;
Thence leaving said southerly line and following the westerly line of said NW 114 of Section 33, N00'13'13"E a
distance of 988.57 feet to a point;
Thence leaving said westerly line, S89'15'22"E a distance of 350.17 feet to a point;
Thence N00'13'13"E a distance of 350.17 feet to the POINT OF BEGINNING,
Said parcel contains 43.225 acres, more or lass, and is subject to all existing easements and/or rights-of-way of
record or Implied.
Attached is EXHIBIT B and by this reference made a part of.
12459
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Hill Propertics/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 21
M
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vi
EXHIBIT A
/- POINT OF COMMENCEMENT
NW COR SECTION 33
POINT
BEGINNING WEST 1/16 CCR
N
SECTIONS 26k33
Total Rezone: 43.2254
APN: S1133223005
CURRENT ZONING; RUT
PROPOSED TONING: R8
REZONE AC: 37.9771
NORT-I 1/4 COR
SECTION 33
I
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R
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IMNo�
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CN 1/16 COR
N 1/16 COR SECTION
NW 1i6 COR -- 33
SECTIONS 328c33 / �
T 569'27'75SECTION 33 2'E
N89'ZT52'W 7500.54' 1167.1'
933MMSTATEOREET
.o%'toN1o03934
PIW9E{909163&6939
M uWI639-6930
1"n
UNP-,ATTED
N
0 150 300 600 0
1 "=300'
EXHIBIT B - REZONE TO R8
BRIGHTON INVESTMENTS, I.I.C.
SHEET: A PORTION Of NW 1/4 NW 1/4 AND A PORTION Of NE 1/4 NW 1/4
1 Of 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID
Ilill Properties/Century ram School CPAM-15.001; AZ -15-004; RZ-15.007 PAGE 22
MASS CAP
®
ALUMINUM CAP
®
3/4 -INCH REBAR
5/8 -INCH REBAR
CALCULATED POINT
--- - -
—REZONE BOUNDARY
— - - -
—SECTION LINE
RM'
RIGHT-OF-WAY LINE
EXHIBIT B - REZONE TO R8
BRIGHTON INVESTMENTS, I.I.C.
SHEET: A PORTION Of NW 1/4 NW 1/4 AND A PORTION Of NE 1/4 NW 1/4
1 Of 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID
Ilill Properties/Century ram School CPAM-15.001; AZ -15-004; RZ-15.007 PAGE 22
June 18, 2015
Project No.: 14.031
EXHIBIT A
9233 WEST STATE STREET I BOISE,ID83714 1 208.639.6939 1 FAX208.639.6930
EXHIBITA
LEGAL DESCRIPTION FOR
REZONE TO C -N
A parcel of land being a portion of the NE 1/2 of the NW 1/4 of Section 33, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the Northwest corner of said Section 33, which bears
N89°15'22"W.a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section
33;
Thence following the northerly line of the NW 1/4 of Section 33, S89°15'22"E a distance of 1,330.31 to a point
being the W 1/16 comerof said Section 33 and Section 28;
Thence following said northerly line, S89°15'22"E a distance of 171.42feet to the POINTOF BEGINNING.
Thence following said northerly line, 589°15'22"E a distance of 1,158.89 feet to said found brass cap marking
the N 1/4 corner of said Section 33;
Thence leaving said northerly line and following the easterly line of said NE 1/4 of the NW 1/4, SOO°19'09"W a
distance of 1,329.06 feet to a found 5/8 -Inch rebar marking the CN 1/16 corner of said Section 33;
Thence leaving said easterly line and following the southerly line of said NE 1/4 of the NW 1/4, N89°27'52"W a
distance of 1,157.71 feet to a point;
Thence leaving said southerly line, N00°16'11"E a distance of 1,333.28 feet to the POINT OF BEGINNING.
Said parcel contains 35.395 acres, more or less, and Is subject to all existing easements and/or rights-of-way of
record or implied.
Attached is EXHIBITS and by this reference made a part of.
6•!g•2olS
110
IlilI Properties/Century Farm School CPAM-15-001; A7-15.004; RZ-15.007 PAGE 23
EXHIBIT A
NWINCDRFSECTIONN COMMENCE
W 1/16 CORNER E. Amity Road NORTH 1•f4 COR
SECTIONS 28&33 BASIS OF BEARINGS SECTION 33
589'15'2rE 2660.61'
.0 1330.31' 171.42' 7
—ww-1158.89'—M/A'-a/x—aA}v
b POINT OF BEGINNING
ao I
w I r I
`ri I r Total Rezone: 35.396±
L-�--LL
LN 1/16 COR
SECTIONS 32&33
EiNGINE�RING
9233 YIW VATEMEO
BOISE, I0Aa083714
PHONE R04 619 6939
fm(2081039�930
N89'27'52'W 1
UNPLATTED
N
0 150 300 600
1 "=300'
APN: S1133212420 r
CURRENT ZONING: RUT r
PROPOSED ZONING: C -N
REZONE AC: 7.2351
57.71' _
CN 1/16 COR
SECTION 33
LEGEND
BRASS CAP
® ALUMINUM CAP
�} 3/4—INCH REBAR
® 5/8—INCH R£BAR
A CALCULATED POINT
—REZONE BOUNDARY
SECTION LINE
RIGHT—OF—WAY LINE
EXHIBIT B - REZONE TO C -N
BRIGHTON INVESTMENTS, LLC.
00AU 14.031 1 A PORTION OF THE NE 1/4 NW 1/4 I
SHEET: SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID
1 OF 1
Bill Properties/Century Farm School CPAM-15-001; A7.-15.004; RZ-15-007 PAGE 24
APN: 51133212450(POR)
RUT
Ori
CURRENT ZONING:
17
UNPLATTED
n
PROPOSED ZONING: C -N
I
(M
REZONE AC: 28.161±
r UNPLATTEO
m
Iio
to
0
Iz
(Z
IH
L-�--LL
LN 1/16 COR
SECTIONS 32&33
EiNGINE�RING
9233 YIW VATEMEO
BOISE, I0Aa083714
PHONE R04 619 6939
fm(2081039�930
N89'27'52'W 1
UNPLATTED
N
0 150 300 600
1 "=300'
APN: S1133212420 r
CURRENT ZONING: RUT r
PROPOSED ZONING: C -N
REZONE AC: 7.2351
57.71' _
CN 1/16 COR
SECTION 33
LEGEND
BRASS CAP
® ALUMINUM CAP
�} 3/4—INCH REBAR
® 5/8—INCH R£BAR
A CALCULATED POINT
—REZONE BOUNDARY
SECTION LINE
RIGHT—OF—WAY LINE
EXHIBIT B - REZONE TO C -N
BRIGHTON INVESTMENTS, LLC.
00AU 14.031 1 A PORTION OF THE NE 1/4 NW 1/4 I
SHEET: SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID
1 OF 1
Bill Properties/Century Farm School CPAM-15-001; A7.-15.004; RZ-15-007 PAGE 24
EXHIBIT A
loon 6
F"s.>„:I MI='s -ice `rFaNI-'ASiA!I'dhlll ( BtlliL,fb`Ltid I !lY (.&S1 (,431
Apri129, 2015
Project Na.! 14.031
EXHIBIT
LEGAL DESCRIPTION FOR
R •.,ONE TO C -N
A parcel a parcel of Land situated In a portion Of the Southeast 1/4 of the Northwest 114 of Section 33,
Township North, Range 7 East, Boise Meridian, City of Meridian, Ado county, Idaho, and being more
parilcularlydascilbed as follows:
Commencing it an aluminum calf nfonunlent making the north 114 corner of sold Section 33, thence
following the easterly line of the Northwest 1/4 of said Seebon 3a, S00"10'09"W a dlstalee of 1,329.06
feet to a hound 5/8 -inch rebar maridng the northeast corner of said Southeast 114 of the Northwest 114
(C -N 1/16 corner) and being the POINT OF BEGINNING.
Thence following said easterly line, S00°19'09"W a distance of 141.58 feet to a polntwhich bears
N00°10'(19"E a distance of 1,737.48 feet from a found 5/8 inch rebar marling the Centerof sold Section
33;
(hence leaving, said easterly line, S40`1R'5R"W a distance of 90.45 feel to a paint;
Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radlus of 33150
feet, a delta angle of 43°56'14", a chord bearing of 562"17'04"W and a chord instance of 248,03 feet to
a point;
Thence S24°1511"W a distance Of 120.50 feet to a point;
Thence 340.80 feel along the are or a circular curve to the left, said curve having a radius of 618.50 feet,
a delta angle of 31"34'16", a chord bearing of S68"28'03"W and a chord distance of 336.51 feet to a
point;
Thence N37°:19'04"W a distance of 53.00 feet too point;
Thence N33'25`0u"1N a distance of 20.05 feet to a point;
Thence N54`48'00'W a distanto of 101,70 feet to a point;
Thence 1470023'47"W a distance of 85.44 feet to a point;
Thence N83"29'14"W a distance of 71.06 feet to a point;
Thence N89'27'54"W a distance or 98.19 feet to a point;
Thence N00'32'06"E a distance of 307.67 feet to a point on the norLharly line of .ail Southeast 1/4 of
the Northwest 1/4;
Thence foilowlng sold northerly line, 589'27'52"E a distance of 1,090.81 feet to the POINT OF
BEGINNING.
Said Inn cel contains 8.391 acres, more or less, and Issubject to all existing easements and/or rights -al -way
of record or implied.
Attached hereto Is Exhibit Band by this reference Is made a part hereon.
12459
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war.icntrngllp.rrmr �pN-TL
Hill Properties/Century Farm School CPAM-15-001; AZ -15-004; RZ-15-007 PAGE 25
UNPLATMO
EXHIBIT A
Pian Scale
569'27'52"Er 1090.61'
a
^.
Tota IRezone: 8.391i
APN: 51133232610 (POR)
CURREW, ZONING: RB
PROPOSED ZONING: C—N
Arnity Road
CUPWETABIE
— — _E.
""T4
CHDFC 3aG L?ORD
POINT OF CO)ANENCEAtEN!J
254.21' 4356'14'
9fi71 W .246.03'
N 1/4 CORNER
340.80' 31'34'16'
666'28'03'W 1336.Of'
SECTION 33
J
J
o
O Fy
u
POINT OF BEGINNING
coil
Iy
C—N 1/16 CORNER
_
Z
SECTICN 35
WuQo]S46'16'5a
1�0
89
X V'
yG' x 1
5a4'15'11"W ^I
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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 changes to the Future Land Use Map are consistent
with elements of the Comprehensive Plan as detailed in Section VII above.
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 a
mix of residential and neighborhood friendly commercial uses on the site will be compatible
with existing and future residential uses in the nearby vicinity.
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 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 proposed amendment will be compatible with the surrounding
existing and future residential 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 are available to be
extended to 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 mixed use development of this property is consistent
with the proposed map amendment and 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 VIII and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
hill Properties/Century Farm School CPAM-15.001; AZ -15-004; RZ-15-007 PAGE 27
EXHIBIT A
2. ANNEXATION/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 rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject property with R-8 and C -N zoning districts
consistent with the proposed PLUM designation of MU -N. Therefore, the City Council finds
that the proposed map amendment complies with the provisions of the Comprehensive Plan
and should be compatible with adjacent existing and future residential uses (see section VII
above for more information),
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed snap amendment to the R-8 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section Vlll
above.
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. City utilities will be extended at the expense of the applicant.
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 -5B -3.E).
The City Council finds annexing this property with an R-8 zoning district is in the best
interest of the City.
3. 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 a rezone, the Council shall
make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the majority of the site with R-8 and C -N zoning district
and rezone a small portion of the site from R-8 to C -N for the development of an elementary
school and YMCA. The City Council finds that the proposed map amendment (zoning) is
generally consistent with the proposed MU -N future land use map designation requested for
this site. Therefore, the City Council finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section VII above).
EXHIBIT A
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 R-8 and C -N zoning districts
and proposed mixed use development is generally consistent with the purpose statements of
the residential and commercial districts in that it will contribute to the range of housing
opportunities available within the City as well as provide nearby services for those residents.
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. City utilities will be extended at the expense of the applicant.
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 (as applicable) is in the best of interest of the City (UDC 11 -5B -3.E).
The City Council finds the proposed annexation is in the best interest of the City as outlined
above in Section VIII.