FindingsCITY OF MERIDIAN IDIAN-"-
FINDINGS OF FACT, CONCLUSIONS OF LAW ;
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for modification to the development agreement is hereby approved per
the provisions in the Staff Report for the hearing date of October 27, 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 11-513-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
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 a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eigbt (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 27, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). BALTIC PLACE ADDITION — MDA (H-2015-0006)
-2-
By action of the City Council at its regular meeting held on the /(Y/---- day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD
VOTED
COUNCIL MEMBER DAVID ZAREMBA
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MILAM
VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
.:�- e --r— rl ,
Mayor Tammy de Weerd
O�p(N.LJ Aij G•US'3.
Attest:o``
City of
(6E IANC
Inr.1!a
' a
�� Ho an SEAL
City Clerk-Tf"•
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By Dated: ELao
City Cleric's
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). BALTIC PLACE ADDITION — MDA (H-2015-0006)
-3-
EXHIBIT A
Baltic Place Addition – MDA H-2015-0006 1
STAFF REPORT
HEARING DATE: October 27, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Baltic Place Addition – MDA H-2015-0006
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Cair Paravel, LLC, requests an amendment to the existing development agreement (MDA)
(Instrument No. 113126756) to include a provision allowing the future development of a cemetery in the I-
L zoning district on Lot 2, Block 1 with approval of a conditional use permit. See Section IX Analysis for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0006 as
presented in the staff report for the hearing date of October 27, 2015, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2015-0006 as presented during
the hearing on October 27, 2015, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2015-0006 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 subject property is located at 1151 E. Kalispell Street, in the northeast ¼ of Section 18, Township
3N., Range 1E.
B. Owner:
Cair Paravell, LLC
123 Baltic Avenue
Meridian, ID 83642
C. Applicant:
Mark Magdaleno, Meridian Cemetery District
895 E. Franklin Road
Meridian, ID 83642
EXHIBIT A
Baltic Place Addition – MDA H-2015-0006 2
D. Representative:
Chris Pearson, Thornton Oliver Keller
250 S. 5th Street, 2nd Floor
Boise, ID 83702
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 5 and 19, 2015
C. Radius notices mailed to properties within 300 feet on: October 1, 2015
D. Applicant posted notice on site by: October 9, 2015
VI. LAND USE
A. Existing Land Use(s): This property has not yet been developed and is zoned I-L.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant/undeveloped land, zoned I-L
West: Cemetery, zoned RUT in Ada County
South: Undeveloped land owned by the cemetery, zoned RUT in Ada County
East: Schwans (flex-space) and vacant property, zoned I-L
C. History of Previous Actions:
In 2001, this property was annexed (AZ-01-008) with an R-40 zoning district with the requirement
of a development agreement (Instrument No. 102090926).
In 2013, the property was rezoned (RZ-13-007) from the R-40 to the I-L zoning district and a new
development agreement was approved (Instrument No. 113126756) for Baltic Place Addition.
Concurrently, a development agreement modification (MDA-13-013, Instrument No. 113126757)
was approved to remove the Baltic Place Addition property from the previous development
agreement (Instrument No. 102090926) for Baltic Place.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests a modification to the current development agreement (DA) (Instrument No.
113126756) for Baltic Place Addition to include a new provision that allows the future development of
a cemetery on Lot 2, Block 1, Baltic Place Subdivision, with approval of a conditional use permit.
The cemetery is currently located on the property to the west of the subject property. The applicant does
not intend to develop the property with a cemetery for another 10-20 years but wants to ensure through
the development agreement that such a use will be allowed to develop on the site in the future with
approval of a conditional use permit.
The UDC (Table 11-2C-2) currently allows a cemetery use in the I-L zoning district with approval of a
conditional use permit. Approval of the subject modification would entitle the property to develop as
such in the future in the event a modification to the UDC was approved that no longer allowed a
EXHIBIT A
Baltic Place Addition – MDA H-2015-0006 3
cemetery use in the I-L district. No other text changes are proposed by the applicant or recommended
by staff.
Staff recommends approval of the proposed modification.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Applicant’s Proposed Change to the Text of the Development Agreement
EXHIBIT A
Baltic Place Addition – MDA H-2015-0006 4
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Baltic Place Addition – MDA H-2015-0006 5
Exhibit A.2: Applicant’s Proposed Change to the Text of the Development Agreement (in red underline)
Page 4 of 11
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Future development of the site shall generally comply with the preliminary plat and
landscape plan included in Exhibit C.
2. Future development of the site shall comply with the ordinances in effect at the time of
development.
3. Future development of the site shall be consistent with the design standards in UDC 11-3A-
19 and the guidelines in the Meridian Design Manual.
4. A cemetery use is allowed to develop on Lot 2, Block 1, Baltic Place Addition Subdivision,
with approval of a conditional use permit.