Linder Road Apartments AZ CUP H-2016-0111ADA COUNTY RECORDER Christopher D. Rich 2017-012607
BOISE IDAHO Pgs=41 LISA BATT 02/10/2017 09:45 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. S 3 Investments, LP, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this % day of Feb n)Grl , 2017, 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. 83642 and S 3 Investments, LP, whose address is 1937 S. Roosevelt, Boise, Idaho
83705, hereinafter called OVJWER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A', 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 § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make 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 11-513-3 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 has submitted an application for the
annexation of approximately 4.55 acres of land from the 1ZzUT zoning district
in Ada County to the R-15 (Medium High Density Ihsidential) zoning
district (as described in Exhibit "A!'), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT A➢REEMENT—UNDER ROAD APARTMENTS H-2016-0111 PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminaiy plat
on the 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 6`h day of December, 2016, 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 to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems 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, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this 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 Owner and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on October
19, 2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals 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 S 3 Investments, LP, whose
address is 1937 S. Roosevelt Street, Boise, Idaho 83705, the party that is
DEVELOPMENT AGREEMENT — LINDER ROAD APARTMENTs H-2016-0111 PAGE 2 OF 8
developing said Property and shall include any subsequent developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium High Density Residential (R-
15) and 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. Future development of the subject property shall be generally consistent with the
site plan, landscape plan, building elevations and conditions contained in the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto as
Exhibit `B"
b. The existing home and associated outbuildings shall be removed from the site
prior to issuance of any building permits
C. A maximum of 63 residential dwelling units shall be constructed within this
development as proposed.
d. Future development shall comply with structure and design standards listed in
UDC 11-3A-19 and the residential design standards contained in the Architectural
Standards Manual (ASM). Variety is required to be provided within the
development as set forth in the ASM (Goal R1.20). Windows are required as
facades that face a pedestrian area or common area used for children's recreation
to allow view of these areas in accord with the ASM (R4.3A).
e. At a minimum, site amenities shall be provided for this development from each of
the amenity categories as follows: 2 large open grassy play areas, a covered BBQ
area, a tot lot with playground equipment, a sport court, bicycle maintenance
station and segment of the City's multi -use pathway in accord with the standards
listed in UDC 11-4-3-27D.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENT AGREEMENT - LINDER ROAD APARTMENTS H-2016-0111 PAGE 3 OF 8
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.
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 reserve 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 the 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
DEVELOPMENT AGREEMENT —CINDER ROAD APARTMENTs H-2016-0111 PAGE 4 OF 8
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 insure the installation of required improvements, which the Owner/Developer agree 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, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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:
Phoebe Gray
1770 S. Linder Road
Meridian, ID 83642
With copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
S 3 Investments, LP
1937 S. Roosevelt Street
Boise, ID 83705
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.
DEVELOPMENT AGREEMENT — LINDER ROAD APARTMENTs H-2016-0111 PAGE 5 OF 8
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.
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 Owner 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 have fully performed their 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 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 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
DEVELOPMENT AGREEMENT - LINDER ROAD APARTMENTS H-2016-0111 PAGE 6 OF 8
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, aclaiowledgements, 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:
S 3 investments, LP
By: J
CITY OF MERIDIAN
By.
May Ta y d cord
wo
ATTEST:
/Z� - 9�/_' I �_
Way Co , City Clerk
DEVELOPMENT AGREEMENT- LINDER ROAD APARTMENTS H-2016-01 I 1 PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this day of I 2017, before me, the undersigned, a Notary Public in
and for said State, personally appeared _1.1,��ltt-�i2' , known or identified to
me to be the b/ -t -x, ,, of 8-3 Investments, LP, and acknowledged to me that he
executed the same on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
STATE OF IDAHO )
: ss
Notary'Public for Idaho
Residing at:
My Commission Expires: z�3t r
County of Ada )
On this 7-6'day of bPl/tQ t/� / , 2017 before me, a Notary Public, personally
appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
rr0aINa&
.• MAC ..
(SEAL) j1T'N,•:
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Notary Public for Idaho
Residing at: 06�
Commission expires: _a q r{
DEVELOPMENT AGREEMENT -LINDERROAD APARTMENTS H-2016-0111 PAGE 8 OF 8
EXHIBIT A
Legal Description & Exhibit Map for Annexation & Zoning Boundary
A.Mak
Sawt:oot<h Land Surveying, LLC
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P-. (208) 395-5104 F: (208) 398-8105
2030 5. Washington Ave., 1 mmott, ID 53G] 7
EXHIBIT A
Linder4 Plex Annexation Legal
August 23, 2016
BASIS OF BEARINGS for this description Is South 0015'18" West, between the brass cap
marking the northwest corner of Section 24 and the 5/8" rebar marking the W11/4 comer of
Section 24, both in T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the NW1/4 of the NW114 of Section 24, T. 3 N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows;
COMMENCING at a brass cap marking the northwest comer of said Section 24;
Thence South 01115'18" West, coincident with the west line of said NW1/4 of the NW1/4 of
Section 24, a distance of 400.00 feet to the POINT OF BEGINNING;
Thence South 89059'42° East, 628.26 feet;
Thence South 0000'18" West, 454.47 feet;
Thence North 65122'10" West, 227.77 feet;
Thence North 69043'10" West, 277.88 feet;
Thence North 53008'10" West, 170.28 feet to the easterly right of way of S. Linder Road;
Thence North 90°00'00" West, 25.00 feet to said west line of the NW114 of the NW1/4 of
Section 24;
Thence North 0'15'18" East, coincident with said west line of the NW1/4 of the NW114 of
Section 24, a distance of 161.13 feet to the POINT OF BEGINNING.
Thence above described parcel contains 4.55 acres more or less.
End Description
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EXHIBIT A
EXHIBIT B
SECTION 24,
T. 3 N., R. 9 W., B.M.
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CMG EMMETT, 10 83617
LINDER 4 PLE.Y P: 08 398-8104
ANNEXATION — T F: (2461398-6105
MERIDIAN, IDAHO
DATE: 6/2016 WWW.SAWTOOTHLS.COA
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16160
SHEET
1 OF -1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2016-0111 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 4.55 Acres of Land with an R-15 Zoning
District; and Conditional Use Permit for a Multi-Family Development Consisting of 63 Dwelling
Units in an R-15 Zoning District on 4.35 Acres of Land, by S 3 Investments, LP.
Case No(s). H-2016-0111
For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 15,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 15, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted 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 comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2016-0111 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 15, 2016, 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
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Annexation & Zoning and Conditional Use Permit is hereby
approved per the conditions of approval in the Staff Report for the hearing date of November
15, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
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 six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2016-0111 - 3 -
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-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of November 15, 2016
By action of the City Council at its regular meeting held on the
2016.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MIL,AM
MAYOR TAMMY de WEERD
TIE BREAKER)
Mayor Ta W
GUSTr, P4 19UAttest:
w
CAy Coles.
City Clerk
day of De , ;
VOTED
f
VOTED
VOTED
k
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: f Dated
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2016-0111 - 4 -
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 1
STAFF REPORT Hearing Date: November 15, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Linder Road Apartments – AZ, CUP (H-2016-0111)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, S 3 Investments, LP, has submitted an application for Annexation and Zoning (AZ) of
4.55 acres of land with an R-15 zoning district; and Conditional Use Permit (CUP) for a multi-family
development consisting of 63 dwelling units in an R-15 zoning district on 4.35 acres of land. See
Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the
public hearing, the Commission moved to recommend approval of the subject AZ and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Kent Brown, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kent Brown, Applicant’s Representative - in agreement with staff
report
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. In favor of the proposed use and density.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on November 15, 2016. At the public hearing, the
Council approved the subject AZ and CUP requests.
a. Summary of City Council Public Hearing:
i. In favor: Kent Brown, Applicant’s Representative
i. In opposition: None
ii. Commenting: None
iii. Written testimony: Kent Brown, Applicant’s Representative (in agreement with staff
report)
iv. Staff presenting application: Sonya Allen
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 2
v. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0111, as presented in the staff report for the hearing date of November 15, 2016, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0111,
as presented during the hearing on November 15, 2016, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2016-0111 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1770 N. Linder Road, in the northwest ¼ of Section 24, Township 3 North,
Range 1 West. (Parcel #: S1224223550)
B. Owner(s):
Phoebe S. Gray
1770 S. Linder Road
Meridian, ID 83642
C. Applicant:
S 3 Investments, LP
1937 S. Roosevelt St.
Boise, ID 83705
D. Representative:
Kent Brown, Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, Idaho 83642
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning and conditional use permit. A public hearing
is required before the Planning & Zoning Commission and City Council on these applications,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 3 and 17, 2016 (Commission); October 24 and
November 7, 2016 (City Council)
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 3
C. Radius notices mailed to properties within 300 feet on: September 23, 2016 (Commission);
October 21, 2016 (City Council)
D. Applicant posted notice on site(s) on: October 7, 2016 (Commission); November 4, 2016 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing
home, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant/undeveloped property, zoned RUT in Ada County
2. East: Rural residential and indoor/outdoor entertainment (Idaho Party Barn), zoned R-8
3. South: Single-family residential homes in the development process (Fall Creek Subdivision),
zoned R-8
4. West: S. Linder Road and future commercial uses, zoned C-C
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists in S. Linder Road.
b. Location of water: A water main intended to provide service to the subject site currently
exists in S. Linder Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: A concrete irrigation ditch runs off-site along the southern
boundary of this site. Another ditch runs along the north boundary of the site and appears to
be off-site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for
residential purposes within City limits. Uses may include single-family homes at gross densities of 3
to 8 dwelling units per acre (d.u./acre).
The applicant proposes a multi-family development on this 4.35 acre site. Sixteen (16) 4-plex
structures are proposed consisting of a total of 63 dwelling units (and a management office) at a gross
density of 14.71 units per acre. Because the proposed density exceeds that desired in MDR
designated areas of 3 to 8 units per acre, the applicant requests Council consideration of a “step
up” in density without an amendment to the future land use map as allowed in the
Comprehensive Plan (pg. 21).
The next “step up” in density is Medium High Density Residential (MHDR) which allows for the
development of a mix of relatively dense residential housing types including townhouses,
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 4
condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre,
with a target density of 12 units per acre. These are relatively compact areas within the context of
larger neighborhoods and are typically located around or near mixed use commercial or employment
areas to provide convenient access to services and jobs for residents. Developments need to
incorporate high quality architectural design and materials and thoughtful site design to ensure quality
of place and should also incorporate connectivity with adjacent uses and area pathways, attractive
landscaping and individual project identity.
The proposed apartments are consistent with the type of use desired in MHDR designated areas as is
the proposed R-15 zoning, density, and mixed use commercial and mixed employment future land use
designations of property in the nearby vicinity. The proposed residential units should provide housing
options in close proximity to these future uses; and the future uses should provide services for these
residents.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed MHDR development will contribute to the variety of residential categories that
currently exist in this area (i.e. low and medium density). Staff is unaware of how
affordable” the units will be.
Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location in close proximity to future mixed use commercial and employment
centers, this property is ideal for providing higher density housing options.
Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02N)
The proposed MHDR development is located in close proximity to major access
thoroughfares (i.e. S. Linder Road, W. Overland Road, and I-84). A segment of the City’s
regional pathway system is also designated along the frontage of this site adjacent to N.
Linder Road. A City Park is also located approximately a half mile away to the east along
Stoddard Road in Bear Creek Subdivision.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The only existing adjacent residential property is to the east where the Idaho Party Barn is
also located. Staff feels the proposed use should be compatible with those uses.
Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
The City’s multi-use pathway system, a segment of which is proposed along the frontage of
this site on Linder Road, will eventually connect Meridian with adjacent cities.
Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on
the landscape plan attached in Exhibit A.3.
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 5
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of the community pathway system.” (3.03.03B)
No pathways are proposed to adjacent properties from this development. A segment of the
City’s multi-use pathway system runs along the frontage of this site on Linder Road which
will promote neighborhood connectivity. Staff recommends a pathway connection is stubbed
to the north and east boundaries for future pedestrian interconnectivity.
Consider the adopted COMPASS regional long-range transportation plan in all land-use
decisions.” (3.03.02G)
COMPASS has submitted comments on this application that suggest adding a pathway (as
proposed and designated in the Pathways Master Plan) and bike lanes along Linder Road.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District: The purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian comprehensive plan. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range (UDC 11-2A-1). The medium
high-density residential (R-15) district allows a maximum gross density of 15 dwelling units per
acre.
B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional
C), and prohibited (-) uses in the proposed R-15 zoning district. Any use not explicitly listed is
prohibited. A multi-family development is listed as a conditional use in the R-15 district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 district.
D. Landscaping: Landscaping is required within parking areas in accordance with the standards
listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within
common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27F.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-
family dwellings.
F. Structure and Site Design Standards: The proposed multi-family development must comply with
the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Annexation & Zoning (AZ):
The applicant proposes to annex & zone 4.55 acres of land with an R-15 zoning district consistent
with the requested “step up” in density to MHDR. The proposed density of 14.71 units per acre is
consistent with that allowed in the R-15 district.
The applicant has submitted a site plan, included in Exhibit A.2, that depicts (16) 4-plex
structures with a total of 63 dwelling units and 1 management office. These structures are
proposed to be located on one parcel.
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 6
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. 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 pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and
recommended by staff with this application, staff recommends a DA is required as a
provision of annexation with the provisions included in Exhibit B.
B. Conditional Use Permit (CUP):
A CUP is requested for a multi-family development in the proposed R-15 zoning district as
required by UDC Table 11-2A-2.
The proposed multi-family development consists of a total of 63 dwelling units (plus 1 unit for a
property management office) in (16) 4-plex structures on 4.35 acres of land. All of the units are
proposed to be 2-bedroom units. The project is proposed to develop at one time and not be
phased.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)
A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. Floor plans were not submitted with this application; however,
the applicant states patios and balconies will be provided for each unit in accord with
this requirement. Floor plans should be submitted with the Certificate of Zoning
Compliance application that demonstrates compliance with this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development. The applicant’s
narrative states that one of the units will house a property management office which will
also be used for maintenance storage. The site plan submitted with the Certificate of
Zoning Compliance application should depict all of the aforementioned items.
At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units are between 500
and 1,200 square feet; therefore, a minimum of 15,750 square feet (or 0.36 of an acre) of
common open space is required for this development based on 63 units. A total of 1.99
acres (or 44.6%) of qualified open space is proposed in accord with this requirement.
For multi-family developments between 20 and 75 units, 3 site amenities are required to
be provided, one from each category as listed in UDC 11-4-3-27D. The applicant
proposes two (2) large open grassy play areas, a covered BBQ area, a tot lot with
playground equipment, a sport court, bicycle maintenance station and segment of the
City’s multi-use pathway. These amenities fall within the quality of life, open space and
recreation categories as required.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be
landscaped with ground cover plants. The landscape plan depicts landscaping along the
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 7
foundations of all of the structures, including those that face N. Linder Road; however,
the type of plantings need to comply with the aforementioned requirement.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this
requirement prior to issuance of the first Certificate of Occupancy.
Access: Access for the site is proposed via S. Linder Road; no other stub streets are proposed to
adjacent properties and no stub streets exist to this site.
Because the properties to the north and east are designated MDR on the FLUM; staff does not
recommend driveways are stubbed to those properties for future extension.
ACHD is requiring access for the site to be limited to a right-in/right-out via S. Linder Road
and 23 additional feet of right-of-way (for a total of 48 feet from centerline) to be dedicated
to expand Linder Road. This change will require a modification to the site and landscape
plans to accommodate the additional width and relocation of the street buffer and pathway.
Because the eastern north/south drive aisle is over 150 feet in length, the Fire Department is
requiring an emergency turn around to be provided at the south end of the drive aisle in
accord with IFC requirements (see Condition #4.3 in Exhibit B).
Parking: For multi-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at
least one of those in a covered carport or garage. For non-residential uses such as the
management office, one off-street parking space per 500 square feet (s.f.) of gross floor area is
required.
Based on (63) 2-bedroom units, a minimum of 126 parking spaces are required, 63 of which are
required to be covered. The site plan depicts a total of 130 spaces, 65 of which are covered by
carports. The management office consists of 950 s.f. which requires one space. The overall
number of required spaces is 127; the proposed number is 130 in accord with UDC standards.
Some parking spaces will likely be removed with the addition of an emergency turnaround;
without extra spaces for guests to park, staff is concerned guests may park in the turnaround area.
No parking signs or striping should indicate parking in this area is not allowed.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11-3C-6G. The applicant proposes a total of 6
bicycle racks each containing 5 spaces, interspersed throughout the development. The plans
submitted with the Certificate of Zoning Compliance application should include a detail of
the bicycle racks that comply with the standards listed in UDC 11-3C-5C.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required. A 25-foot wide street
buffer is required to be provided along S. Linder Road, an arterial street per UDC Table 11-2A-8,
and must be landscaped in accord with the standards listed in UDC 11-3B-7C.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater
that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to
removal of any existing trees from the site to determine mitigation requirements.
Pathway: A 10-foot wide multi-use detached pathway is required along S. Linder Road in accord
with the Pathways Master Plan. No pathways are proposed to adjacent properties.
EXHIBIT A
Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 8
Staff recommends pathway stubs are provided to the north and east boundaries of the site
for future pedestrian interconnectivity.
Trash Enclosure: Two (2) trash enclosures are proposed on the site; both should accommodate
recycling. Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and
design of the trash enclosures prior to submittal of the Certificate of Zoning Compliance
application.
Building Elevations: Two types of multi-family structures are proposed within the development
as shown in Exhibit A.4. Building material consist of a mix of horizontal and vertical siding with
stone veneer accents. The two building types appear to be identical except that they have different
roof forms. Variety in the architectural character of the structures and design should be
provided as set forth in the Architectural Standards Manual (ASM). Windows are required
on all elevations that face pathways and areas used for children’s recreation to allow views
of these areas.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the elevations and site plan submitted
with this application and the standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
In summary, Staff recommends approval of the proposed AZ and CUP applications with the
development agreement provisions and conditions included in Exhibit B of this report in accord
with the findings contained in Exhibit D if Council determines a “step” up in density from MDR
to MHDR is appropriate for this site.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: 9/9/16)
3. Proposed Landscape Plan (dated: 9/9/16) – NOT APPROVED
4. Proposed Building Elevations & Renderings
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning/Aerial Map
EXHIBIT A
2 -
Exhibit A.2: Proposed Site Plan (dated: 9/9/16)
EXHIBIT A
3 -
Exhibit A.3: Proposed Landscape Plan (dated: 9/9/2016) – NOT APPROVED
EXHIBIT A
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EXHIBIT A
5 -
Exhibit A.4: Proposed Building Elevations & Renderings
EXHIBIT A
6 -
EXHIBIT A
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 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
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of the subject property shall be generally consistent with the site plan,
landscape plan, building elevations and conditions contained herein.
b. The existing home and associated outbuildings shall be removed from the site prior to
issuance of any building permits.
c. A maximum of 63 residential dwelling units shall be constructed within this development as
proposed.
d. Future development shall comply with the structure and design standards listed in UDC 11-
3A-19 and the residential design standards contained in the Architectural Standards Manual
ASM). Variety is required to be provided within the development as set forth in the ASM
Goal R1.20). Windows are required on facades that face a pedestrian area or common area
used for children’s recreation to allow view of these areas in accord with the ASM (R4.3A).
e. At a minimum, site amenities shall be provided for this development from each of the
amenity categories as follows: 2 large open grassy play areas, a covered BBQ area, a tot lot
with playground equipment, a sport court, bicycle maintenance station and segment of the
City’s multi-use pathway in accord with the standards listed in UDC 11-4-3-27D.
1.1.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited
to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy
for the first structure within the development.
b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which
requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for
each unit.
1.1.3 The site plan included in Exhibit A.2, dated 9/9/16, shall be modified as follows:
a. Depict a property management office, a maintenance storage area, a central mailbox location
with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a
directory map of the development at an entrance or convenient location for those entering the
development in accord with UDC 11-4-3-27B.7.
c. Depict the additional right-of-way (totaling 48 feet from centerline) as required by ACHD to
widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway
to the east accordingly.
d. Depict an emergency turnaround as required by the Fire Department at the southeast corner
of the site in accord with IFC standards per condition #4.3 below.
EXHIBIT A
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e. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5
feet of landscaping on either side.
1.1.4 The landscape plan included in Exhibit A.4, dated 9/9/16, shall be revised as follows:
a. Depict additional right-of-way (totaling 48 feet from centerline) as required by ACHD to
widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway
to the east accordingly.
b. Depict an emergency turnaround as required by the Fire Department at the southeast corner
of the site in accord with IFC standards per condition #4.3 below.
c. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5
feet of landscaping on either side in accord with the standards listed in UDC 11-3B-12C.
d. All street facing elevations along S. Linder Road shall have landscaping along their
foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen
shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation.
1.1.5 “No parking” signs or striping should indicate parking in the emergency turn around area is not
allowed.
1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.10 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.12 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
EXHIBIT A
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1.2.13 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
standards contained in the Architectural Standards Manual.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.15 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.16 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu
of blow-offs.
2.1.3 Applicant shall dedicate 20-foot wide water main easements from the north end of the north-south
main to the subdivision boundary, and from the south end of the north-south main to the east
subdivision boundary. These easement are intended to provide for future loop extensions into
adjacent parcels at the time development occurs.
2.1.4 Applicant shall be required to abandon the existing water main stub that is north of the proposed
connection point on S. Linder Road per Meridian Public Works Department Standards.
2.1.5 The timing for the issuance of building permits shall be after the satisfactory completion of the
following pre-requisite items:
a. The domestic water system shall be installed, tested, and activated so that fire hydrants are
available during construction.
b. The sanitary sewer system shall be installed and tested.
EXHIBIT A
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c. At a minimum, a compacted gravel road base shall be in place that will support the weight of
a fire apparatus (75,000 lbs).
d. At a minimum, temporary street signs will need to be in place.
2.2 General Conditions of Approval
2.2.1 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 mains 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.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 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 forms. 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 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by 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 signature of the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
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District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of
occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. 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 887-2211.
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2.2.23 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 has no comments on this application.
4. FIRE DEPARTMENT
4.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway
greater than 150 feet in length that is not provided with an outlet shall be required to have
an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
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4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.13 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.14 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
4.15 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4.16 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
5. REPUBLIC SERVICES
5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of the
trash enclosure(s) that includes recycling prior to submittal of the Certificate of Zoning
Compliance application.
6. PARKS DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5
for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy
Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to
determine mitigation requirements.
6.2 Construct a 10-foot wide detached multi-use pathway along the frontage of this site on N. Linder
Road in accord with the Pathways Master Plan.
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6.3 Submit a 14-foot wide easement for the multi-use pathway along Linder Road; coordinate the
details of the easement with Jay Gibbons, Pathways Project Manager, 208-888-3579.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of
Linder Road abutting the site.
7.1.2 Construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of
Linder Road abutting the site.
7.1.3 Provide the District with a permanent right-of-way easement for any sidewalk located outside of
the right-of-way.
7.1.4 Widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder
along Linder Road abutting the entire site.
7.1.5 Construct a 25-foot wide curb return driveway and raised 6-inch median to restrict to right-
in/right-out, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way,
onto Linder Road from the site.
7.1.6 Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of
the roadway from Linder Road.
7.1.7 Payment of impacts fees are due prior to issuance of a building permit.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way
including all easements). Any existing irrigation facilities shall be relocated outside of the
ACHD right-of-way (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
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contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant’s authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
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Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
EXHIBIT A
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EXHIBIT A
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D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING:
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, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to R-15 is consistent with the
Comprehensive Plan with approval of a “step up” in density from MDR to MHDR. (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 map amendment to the R-15 zoning district is
consistent with the purpose statement of the residential districts as detailed in Section VIII
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 the proposed annexation of this property is in the best interest of the
City with approval of a step up in density from MDR to MHDR if the applicant develops the
site in accord with the conditions listed in Exhibit B as discussed above in Section VII.
2. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that the site is large enough to accommodate the proposed use and
meet the dimensional and development regulations of the R-15 zoning district and the
specific use standards for multi-family developments.
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b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed multi-family residential use will be harmonious with
the Comprehensive Plan if Council determines a “step” up in density is appropriate for this
site. The proposed use is in accord with UDC requirements.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the multi-family use will be compatible with existing residential and commercial uses in the
vicinity and with the existing and intended character of the area and will not adversely change
the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.