Firenze Plaza H-2016-0102ADA COUNTY RECORDER Christopher D. Rich 2017-041827
BOISE IDAHO Pgs=51 LISA BATT 05/11/2017 10:41 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ABS ID -O, LLC, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this / �` day of _, 2017, by and between City of Meridian, a municipal
corporation of the State of I ho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and ABS ID -O, LLC, whose address is 250 E. Parkcenter Boulevard, Boise,
ID 83706, hereinafter called OWNERS/ DEVELOPERS.
1. RECITALS:
1.1 WHEREAS; Owners are the sole owners, in law and/or equity, of certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A",
which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners/Developers 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, Owners/Developers have submitted an application for the
annexation of approximately 40,38 acres of land from the RUT zoning
district in Ada County to the C -C (Community Business) zoning district and
R-8 (Medium Density Residential) 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, Owners/Developers 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
1.6 WHEREAS, the record ofthe proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
DEVELOPMENT AGREEMENT—FIRENZE PLAZA (H-2016-0102) PAGE 1 OF 8
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 7"' day of February, 2017, 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 Owners/Developers to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners/Developers 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 Owners/Developers to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 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 OWNERS/DEVELOPERS: means and refers to ABS ID -O, LLC, whose
address is 250 East Parkcenter Boulevard, Boise, ID 83706 the party that
owns and is developing said Property and shall include any subsequent
owner(s)/developers of the Property.
DEVELOPMENT AGREEMENT FIRENZE PLAZA (H-2016-0102) PAGE 2 of 8
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 Community Business District (C -C) and
Medium Density Residential District (R.-8) 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. The existing home and associated outbuildings shall be removed from the site prior to
signature on the fust final plat.
b. Future development of this site shall substantially comply with the preliminary
plat/concept plan, landscape plan and architectural elevations included in Exhibit A.
c. Future development shall complywith the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural Standards Manual.
d. A 25 -foot wide street buffer and a 5 -foot detached sidewalk is required to be constructed
along the commercial frontage of E. Amity and S. Eagle Roads and construct the street
improvements (20 -foot wide street buffer, 5 -foot wide detached sidewalk and curb and
gutter) along the entire frontage of S. Montague Way with the frr°stphase of development
and prior to issuance of thefirst Certificate of Occupancy for the site. Landscaping is
required to be installed within the buffer in accord with the standards listed in UDC 11-
3B -7C.
e. The landscape buffer and sidewalk requirements along Parcels A and B shall be installed
with the development of those parcels, excluding the west side of the parcels as identified
in 5.1.d. above.
f. In accord with the requirements of the Mixed -Use designation set forth in the
Comprehensive Plan, the applicant shall be required to provide 5% ofthe development as
public or quasi -public space. With the first CZC or the final plat application, the
applicant shall provide open space calculations for the commercial portion of the
development.
g. In accord with the requirements of the Comprehensive Plan for Mixed -Use
developments; in developments where multiple commercial and/or office buildings are
DEVELOPMENT AGREEMENT FIRENZE PLAZA (H-2016-0102) PAGE 3 OF 8
proposed (not residential), the buildings should be arranged to create some form of
common, usable area, such as a plaza or green space.
h. The applicant shall work with staff to come up with a trigger to implement the third
required land use type.
i. Remainder parcels A and B shall be zoned R-8 and shall have lot sizes generally
consistent with the adjacent single-family homes to the north.
j. The two proposed local streets (Mt. Etna Drive and Bellezza Way) shall be constructed
with the first phase of development.
k. One right-in/right-out shall be allowed to Amity Road and one Eagle Road from the
proposed commercial portion of the project as proposed in the preliminary plat.
1. Parcels A and B shall be further subdivided prior to any development on those parcels.
in. In accord with the Mixed -Use designation set forth in the Comprehensive plan, the
proposed grocery store is limited to a maximum 60,000 square feet.
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.
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 Owners/Developers' default ofthis
Agreement, Owners/Developers 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) dayperiod, 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 Owners/Developers that is not cured
after notice as described in Section 7.2, Owners/Developers 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. Owners/Developers 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 City or
Owners/Developers, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate
DEVELOPMENT AGREEMENT FiRENZE PLAZA (H-2016-0102) PAGE 4 OF 8
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 Owners/Developers 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 Owners/Developers 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: Owners/Developers shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notifythe 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 Owners/Developers, 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 Owners/Developesr 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 Owners/Developers to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers 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
DEVELOPMENT AGREEMENT FmNZE PLAZA (H-2016-0102) PAGE 5 of 8
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, ID 83642
OWNER/DEVELOPER:
ABS ID -O, LLC
250 East Parkcenter Boulevard
Boise, Idaho 83706
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
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 Owners/Developers, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate
and recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Owners/Developers have fully performedtheir 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, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
DEVELOPMENT AGREEMENT FIRENZE PLAZA (H-2016-0102 PAGE 6 OF 8
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 Owners/Developers 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 Owners/Developers 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 rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
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
Cleric.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
W WITNES S WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided,
CITY OF
ATTEST:
Q�QpFtATED AU
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By:
Mayor T my e Weerd dfay Colus
DEVELOPMENT AGREEMENT FIRENZE PLAZA (H-2016-0102) PAGE 7 of 8
STATE OF IDAHO
ss:
County of Ada,
On this I �+_ day of IR , 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared /,k/►n j1'k, known or identified to me to be the
�(
�,-j-- yv"` VI4 KA of ABS ID -O, LLC and acknowledged tome that he executed the
same on behalf of AB ID -O, LIlC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written,
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STATE OF IDAHO
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County of Ada
Notary Public for /AA k1,0
Residing at: )�* L�6
My Commission Expires:
On this qday of I v l OLQ 2017, before me, allotary Public, personally appeared Tammy de
Weerd and C.Jay Coles, know or r entified 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,
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Commission expires: 9 - q�-S -,:10 a' )-
DEVELOPMENT
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DEVELOPMENT AGREEMENT FIRENZE PLAZA (H-2016-0102 PAGE 8 OF 8
July 29, 2016
Project No. 116015
TIM LAND GROUP, INC.
Exhibit "A"
EAGLE & AMITY PROJECT
ANNEXATION DESCRIPTION
A parcel of land located in the Southeast One Quarter of the Southeast One Quarter of Section 29, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Corner common to Sections 28, 29, 32 and 33 of said Township 3 North, Range 1
East, said point being the POINT OF BEGINNING,
Thence North 89'43'46" West, a distance of 1327.92 feet on the Section Line common to said Sections
29 and 32 to the East 1/16th Section Corner common to said Sections 29 and 32;
Thence North 00°51'25" West, a distance of 25.00 feet to the intersection point of the northerly right-
of-way line of East Amity Road and the easterly right-of-way line of South Montague Way;
Thence North 00'26'21" East, a distance of 1297.80 feet on the 1/16th Section Line to a point on the
southerly boundary line of Messina Meadows Subdivision No. 2, recorded In Book 101 at Page 13373 of
Plats, Ada County Records;
Thence South 89°39'52" Past, a distance of 1307.62 feet on the southerly boundary line of said Messina
Meadows Subdivision No. 2, and the east -west 1/16th Section Line of the Southeast One Quarter of said
Section 29;
Thence South 89'08'56" East, a distance of 25.00 feet to the south 1/16th Section Line common to said
Sections 28 and 29;
Thence South 00`37'07" West, a distance of 1321.08 feet on said Section Line to the point of beginning.
The above described parcel contains 40.38 acres more or less.
PREPARED BY:
THE. LAND GROUP, INC.
James R. Washburn
Site Planning a Landscape Architecture . Civil Engineering + Golf Course Irrigation & Engineering- Graphic Design - Surveying
452 E. Shore Drive, Suite 100 a Eagle, Idaho 83616 - P 206.939.4041 e Nwiw.thelandgroupinccorn
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EXHIBIT B
CITY OF MERIDIAN cvD"'
FINDINGS OF FACT, CONCLUSIONS OF LAWE IT JA'r-
AND !3 !
DECISION & ORDER
In the Matter of the request to amend the Future Land Use Map (FLUM) contained in the Comprehensive
Plan (CPAM) to change the land use designation on 26.81 acres of land from Low Density Residential
(LDR) to Mixed Use -Community (MU -C); for annexation and zoning (AZ) of 40.38 acres of land from
the RUT zoning district in Ada County to the C -C (16.33 acres) and R-8 (24.05 acres) zoning districts;
and for a preliminary Plat (PP) consisting of 11 cormnercial lots, 2 common lots and 1 right-of-way lot on
16.33 acres in the proposed C -C zoning districts for Firenze Plaza Subdivision located on the northwest
corner of E. Amity Road and S. Eagle Road, in the SE �/4 of Section 29, Township 3N., Range lE., by
Sharryn Ann and David Clark.
Case No(s). H-2016-0102
For the. City Council Hearing Date of: January 17, 2016 (Findings on February 7, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 7, 2017, 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 hnpact 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 § 1 I -5A.
4. Due consideration has been given to the comments) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0102
-1-
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 of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of January 17, 2017, incorporated by reference.
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 an amendment to the Future Land Use Map contained in the
Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for
the hearing date of January 17, 2017, attached as Exhibit A.
2. The applicant's request for annexation and zoning was approved with an R-8 and C -C zoning
districts with the requirement of a Development Agreement with the provisions noted in the
Staff Report for the hearing date of January 17, 2017, attached as Exhibit A.
3. The applicant's request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of January 17, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Six (6) Month Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)).
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 (UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
I . 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0102
-2-
F, Attached: Staff Report for the hearing date of January 17, 2017
By action of the City Council at its regular meeting held on the7111 day of F6 N64--')
2X6. 'b1-7
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED l6,
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y64
COUNCIL MEMBER TY PALMER VOTED !(r
COUNCIL MEMBER LUKE CAVENER VOTED Yz!!�4
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: C , - 4Y C4/ lit= Dated:_
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0102
-3-
Exhibit A
STAFF REPORT T
Hearing Date: January 17, 2017
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Set -vices Manager
208-887-2211
SUBJECT: Firenze Plaza — AZ, CPAM, PP (H-2016-0102)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Shariyn Ami Clark and David L. Clark, have submitted an application for the
following:
An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan
(CPAM) to change the land use designation on 26.81 acres of land from Low Density
Residential (LDR) to Mixed Use -Community (MU -C);
Annexation and zoning (AZ) of 40.38 acres of land from the RUT zoning district in Ada
County to the C -C (16.33 acres) and R-8 (24.05 acres) zoning districts;
Preliminary Plat (PP) consisting of 11 commercial lots, 2 common lots and 1 right-of-way lot
on 16.33 acres in the proposed C -C zoning districts.
See Section IX of the staff report for more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, AZ and PP 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 and Zoning Commission heard these items on December 15, 2016. At
the public hearing, the Commission voted to recommend approval of the subject AZ, CPAM,
and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie
Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann
Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark,
Melissa and David Feldman Sean Weeks Deanna Johnson Ken Mutell Kathleen
Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim
Hodson, Suzanne Steenkolk, Richard Pullara, David Raine and Skye Ragland.
iii. Commenting: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie
Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann
Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark,
Melissa and David Feldman Sean Weeks Deanna Johnson Ken Mutell Kathleen
Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim
Hodson, Suzanne Steenkolk, Rchard Pullara, David Raine and Skye Ragland,
iv. Written testimony: A petition with several hundred signatures in opposition was
received for this project.
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 1
Exhibit A
v. Staff presenting application: Josh Beach
A. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
L Vehicular and pedestrian connectivity with the surrounding Tuscany Subdivision;
ii. Appropriateness of the zoning designations for the two outparcel lots (R-15 versus R-8);
W. High density residential developing on Parcel B.
iv. Safety of the children using the amenities in the area, walling to nearby schools and
waiting at surrounding bus stops.
v. Leaving the comprehensive plan in place as is, the residents purchased their homes with
the assumption that this would always be low-density residential housing.
A. Increased traffic through the Tuscany Subdivision.
vii. Moving forward with the commercial development without having specific development
plans for the residential portion of develop (e.g. connectivity, density, and design).
c. Key Issues of Discussion by Commission:
i. Density of the residential portions of the project that are to be developed in the future.
H. Removing the road connection from the proposed commercial portion of the project to
S. Montague Way.
iii. Appropriateness of the Comprehensive Plan Map Amendment.
iv. Design standards of the TN -R zoning district in lieu of the R-15 zone.
v. Prohibiting multi -family developments in the development agreement.
A. Inclusion of a minimum lot size for the residential portion of the proposed development.
vii. Restricting the four (4) commercial lots (Block 2) in the northeast corner to the L -O
uses.
viii. Right-in/right-out accesses to Eagle and Amity Roads.
ix. Completing the street frontage improvements along the entire length of S. Montague
Way with the first phase of the development.
x. R-8 versus R-15 zoning of the Parcel A property.
d. Commission Change(s) to Staff Recommendation:
L Modified condition 1.1.1d requiring the construction of the entire S. Montague street
improvements (curb, gutter, sidewalk and street buffer) with the first phase of
development.
ii. Modified condition LII removing the requirement for R-15 zoning.
W. Struck condition 1.1.3d since the Commission recommended the R-8 zone for Parcel A
and Parcel B.
iv. Modified condition 1.1.1.e. based on the modification to condition l.l.l.d.
v. Modified condition 1.1.1.f. requiring the applicant to provide open calculations for the
commercial portion with the first CZC or final plat application.
A. Modified condition l.l.l.h. top reflect the new lot and block numbers of the revised plat.
vii. Modified condition 1.1.1.1. to include the street names depicted on the revised plat.
viii. Struck condition LII
ix. Struck condition 1.1.1k
x. Struck condition 1.1.3.a. since the development agreement condition 1.1.1n. requires the
Parcel A and Parcel B be further subdivided prior to any development occurring the
parcels.
A Struck condition 1.1.3.c.
xii. Struck condition 1.1.7 same as condition I.I.M.
xiii. Included the revised concept plan/preliminary plat in Exhibit B.
Av. Included ACHD's conditions in Exhibit B.
e. Outstanding Issue(s) for City Council:
L The applicant has requested the Council approve the right-in/right-out accesses to Eagle
and Amity Roads. At the December 14"' ACHD Commission hearing, the Commission
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 2
Exhibit A
denied the applicant's request for the two access points however, staff has received an
updated memo from ACHD staff stating they would evaluate the need for additional
access points, if demonstrated to be necessary by a traffic analysis with future
development applications (see memo from ACHD dated December 28, 2016).
ii. Requiring the frontage improvements across Parcel B's Eagle Road frontage with the
first phase of development.
The Meridian City Council heard this item on January 17, 2017. At the public hearings, the
Council moved to approve the AZ, CPAM and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Tamara Thompson, Steven Stark
ii. In onnosition: Warren Cays. Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill
Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ami Stephens, Deanna
Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie
Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan
Wadsworth, Slkve Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy
Stark,
iii. Commenting: Warren Cays, Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill
Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ann Stephens, Deanna
Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie
Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan
Wadsworth, Skye Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy
Stark, John Ringert, Justin Lucas
iv. Written testimony: Marcella Peterson, and a petition
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Scott Colaianni
b. Key Issues of Discussion by Council:
i. Whether direct street access from the existing Tuscany subdivision is appropriate.
ii. Which residential zoning designation would provide an adequate buffer around the
proposed commercial development?
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0102, as presented in the staff report for the hearing date of January 17, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0102,
as presented during the hearing on January 17, 2017, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2016-0102 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 on the northwest corner of E. Amity Road and S. Eagle Road, in the SE %a of
Section 29, Township 3N., Range IE.
B, Owner(s)/Applicant(s):
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 3
Exhibit A
Sharryn Ami Clark and David L. Clark-
303
lark303 Mt. Royal Drive
Mt. Pleasant, SC 29464
C. Representative:
The Land Group, Inc.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment, annexation and zoning and
a preliminary plat. 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 10 and October 31, 2016 (Commission);
December 30, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: October 14, 2016 (Conirnission);
December 22, 2016 (Council)
D. Applicant posted notice on site(s) on: October 19, 2016 (Commission); January 6, 2017
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural
production, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single family homes in Tuscany Subdivision, zoned R-8
2. East: S. Eagle Road and single-family residential property, zoned R-4 and RUT (Ada County)
3. South: E. Amity Road and single-family/agricultural property, zoned RUT in Ada County
4. West: Single family homes in the Tuscany Subdivision, zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists in E. Mount Etna Drive and in S. Burgo Way.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Mount Etna Drive, S. Burgo Way, S. Montague Way, E. Amity Road, and S.
Eagle Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is a small drainage ditch that needs to be relocated or tiled
with the development of the subdivision project.
2. Hazards: Staff is not aware of any hazards that exist on this property.
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 4
Exhibit A
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
LAND USE DESIGNATION (CURRENT): This property is designated Low Density Residential (LDR)
on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows for the
development of single-family homes on large lots where urban services are provided. Uses may
include single-family Homes at gross densities of 3 dwelling units or less per acre. See Exhibit A.2 for
currentFLUM.
LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the
land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed -Use
Community (MU -C). The purpose of this designation is to allocate areas where community -seining
uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety
of uses, including residential, and to avoid mainly single -use and strip commercial type buildings.
Non-residential buildings in these areas have a tendency to be larger than in Mixed Use
Neighborhood areas, but not as large as in Mixed Use — Regional areas. Goods and services in these
areas tend to be of the variety that people will mainly travel by car to, but also walls or bike to (up to
three or four miles). Employment opportunities for those living in and around the neighborhood are
encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan
depicted in Figure 3-3 (Below).
Apartments,
Four-plexes -------
or Duplexes --
I—
Office or
Service Use
Single Family
Residential
cal or Collector Road --
0 8G3 o p9; 0'
Retail Use
4.
o
17-1
Office,
Day -c
Servic
are or
e Use
Arterial Road
TRANSPORTATION: The applicant is proposing two public street connections, one to S. Eagle Road
and one to E. Amity Road. The applicant is also requesting approval of two (2) drive aisle connection,
also one to S. Eagle and one to E. Amity. All of these access points are predicated on ACHD and City
Council granting the approval.
DESIGN: The design of firture structures on this site are required to comply with the design standards
listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development
should incorporate high quality architectural design and materials consistent with the MU -R
designation. In order for the development to be considered integrated with the adjacent MDR
designated property to the west, the proposed mixed use area (multi -family and future commercial
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 5
Exhibit A
development) should be cohesive in site layout and architectural design of the business park to the
west.
The proposed concept plan depicts a cominercial and office development as well as two (2) remainder
parcels for future residential development.
The commercial portion depicts nine (9) lots, and (4) office lots. These properties vary in size from
8,000 s.f. at the smallest, to 279,000 s.f. at the largest.
In reviewing development applications, the following items will be considered in
all Mixed Use areas:
• Residential densities should be a minimum of six dwellings/acre.
7'he residential portion of the development will be required to be at a minimum of 6 dwelling
units per acre.
• Where feasible, higher density and/or multi -family residential development
will be encouraged, especially for projects with the potential to serve as
employment destination centers and when the project is adjacent to US
20/26, SH -55, SH -16 or SH -69.
Staffs recommendation is that the zoning for Parcel B be R-15 to add increased density to the
proposed residential portion of the project.
• A conceptual site plan for the entire mixed use area should be included in
the application.
The applicant has provided a concept plan for the entire project, including for the residential
portion.
• In developments where multiple commercial and/or office buildings are
proposed (not residential), the buildings should be arranged to create some
form of common, usable area, such as a plaza or green space.
The site plan does not include the common open space, plaza or green space required by the
comprehensive plan. The applicant shall reconfigure the site plan to include common open
space or a plaza.
• All developments should have a mix of at least three land use types.
The development has a mixture of commercial, office and residential uses and meets this
requirement.
• Residential uses should comprise a minimum of 20% of the development
area at densities ranging from 6 to 15 units/acre.
The residential component consists of over 58% of the development. With the two zoning
designations recommended by stafffor° the residential portion of the development, the overall
densio) is required to be between 6 and 15 dwelling units per acre.
• Non-residential buildings should be proportional to and blend in with
adjacent residential buildings.
The applicant has provided conceptual elevations for both the residential and commercial
structures. The conceptual elevations as proposed meet the requirements of the Comprehensive
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 6
Exhibit A
Plan.
• Vertically integrated structures are encouraged.
The applicant has not proposed any vertically integrated structures.
• Unless a stricture contains a mix of both residential and office, or residential
and conunercial land uses, maximum building size should be limited to a
30,000 square -foot building footprint. For community grocery stores, the
maximum building size should be limited to a 60,000 square -foot building
footprint. For the development of public school sites, the maximum building
size does not apply.
The largest building in the development is the proposed grocery store. The mixed-use
designation that is requested by the applicant limits the proposed grocery store to 60,000 square
feet.
• Supportive and proportional public and/or quasi -public spaces and places
including but not limited to parks, plazas, outdoor gathering areas, open
space, libraries, and schools that comprise a minimum of 5% of the
development area are required. Outdoor seating areas at restaurants do
not count towards this requirement.
The applicant shall be required to provide 5% of the development as public or quasi public
space.
• Where the development proposes public and quasi -public uses to support
the development above the minimum 5%, the developer may be eligible
for additional residential densities and/or an increase to the maximum
building footprint.
The applicant has not proposed more than 5%public or quasi -public space for the
development.
Sample uses appropriate in MU -C areas would include: All MU -N categories, community grocer,
clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service
station, and retail shops, and other appropriate community -serving uses. Appropriate zoning districts in
the MU -C include: TN -R, TN -C, C -C, L -O, R-15 and R-40.
Staff is supportive of the R-8 zoning district withthe caveat that the entire residential portion of the
development shall achieve a density behveen b and 15 dwelling units per acre overall.
The proposed plan depicts future layout, future connectivity to a public road and internal connectivity
(vehicular and pedestrian) with the existing and proposed single family developments.
In general, staff is supportive of the concept plan however; staff recommends the applicant to modify
their original proposal in the following ways:
1. Include the entire project area in the Mixed -Use Community Comprehensive Plan designation.
This will provide a greater transition to the existing single-family residential homes in the
Tuscany Subdivision.
2. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent with the
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 7
Exhibit A
adjacent single-family homes to the north. Staff believes this aligns with the concept plan above.
3. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the
Mixed -Used Community designation as envisioned by the Comprehensive Plan.
4. Include the two (2) remainder parcels (Remainder Parcels A and B) in the preliminary plat.
GOALS, OBJECTIVES, & ACTION ITEMS: 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):
"Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2.0 1.01 C)
The proposed commercial development will be anchored by a grocery store that will be
within walling distance from the surrounding neighborhoods.
"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.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." (3.01.0117)
This property is contiguous to land that has already been annexed into the Citi)_ Urban
services can be provided to this property upon development.
"Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The UDC (11-3A-3) restricts access to arterial streets when access is available fr•orn a local
street. The proposed access to Amity and Eagle Roads is predicated on the applicant
obtaining a viwiver from City Council and obtaining ACHD's approval. Staff is not
supportive of the two access points to the arterials because local street access will be
provided with the development. Staff reconnnends that the local street network is constructed
with the first phase of development so residents in Tuscany will have local street access to
nearby services.
STATE REQUM2 , D COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff finds that the
requested Comprehensive Plan Map Amendment, Annexation and Preliminary Plat would not
unconstitutionally violate private property rights. A neighborhood meeting was held on May 17,
2016 of which 24 people attended (see sign-up sheet included in application).
b. Population
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 8
Exhibit A
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and should still be available
upon development of the site.
c. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. No comments have been received from the West Ada
School District to determine if the school facilities and student transportation in this area are
adequate to serve additional residents. Additional input form the School District will be needed
if/when the larger residential lots develop.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming -based
economy to a retail, service, medical and manufacturing -based economy. During this time, local
policy with regard to the types of lands needed to support the economic and employment needs of
the community has also changed. The Comprehensive Plan forecasts the need to continually
adjust the provision of colninercial lands in order to gradually broaden economic opportunity
throughout the City.
The subject property is currently identified as appropriate for Low -Density Residential uses.
However, because the site is located adjacent to two arterial streets (E. Amity and S. Eagle
Roads) and the area is quickly urbanizing, staff believes the MU -C designation proposed by the
applicant is needed to provide additional services to nearby residents..
e. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding requests for land use changes.
Staff believes the proposed MU -C designation proposed by the applicant needs to include the
entire project area as recommended by staff.
f. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
g. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas; such as
floodplain, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
h. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property and will be extended upon
development by the developer.
i. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The proposed development will increase traffic within this area of the City; however, the
nearby traffic corridors (i.e. Eagle Road/Amity Road) should provide efficient and safe
transportation to and from the development. With the development of the commercial project the
Firenze Plaza — CPAM, Az, PP H-2016-0102 PAGE 9
Exhibit A
applicant will need to construct an access road that connects the existing single-family
development with the proposed cornmercial development. If approved by Council and ACRD, the
access road will also allow direct access the adjacent arterial roadways. The proposed
development is also within walking and biking distance of many services.
j. Recreation
Recreation resources within Meridian include 19 developed City parks totaling approximately
248 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This site is not formally designated for recreational purposes.
k. Special Areas or Sites
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
1. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. This site is currently designated for residential uses. The applicant proposes
to change the land use designation on a portion of this property to MU -C and develop a portion of
the property with commercial development. Staff's recommends that the applicant modify their
proposal to include the entire project area in the MU -C designation.
in. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The intended use of this property is a mixed
use commercial and residential development. However, there are no specific uses proposed with
this application. To promote quality design, all future structures, except for single-family
detached homes, will be required to comply with the City's design standards contained in UDC
11-3A-19 and the guidelines contained in the Meridian Design Manual, The applicant has
provided a materials board and sample elevations that demonstrates the architectural character of
the proposed development.
n. Agriculture
The subject amendment will impact areas being used for farming activities. The development will
be constructed on land that was previously used as farm land.
o. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan, The City of Meridian Planning Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning &
Zoning Commission is also authorized by the Council to review, approve and mare
recornmendations on proposals affecting the public's interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
p. National Interest Electric Transmission Corridors
This site is not designated for a high-voltage transmission line corridor.
Firenze Plaza — CRAM, AZ, PP H-2016-0102 PAGE 10
Exhibit A
q. Public Airport Facilities
This site is not designated for a public airport facility.
SUMMARY: Because this site is located near Eagle Road and Amity Road, maj or transportation
corridors in the City, and is in close proximity to residential uses. Staff believes the MUC designation
and proposed development are appropriate for this property.
If the change to the FLUM is approved, the proposed development will contribute to the mix of
commercial and residential uses in this area. The development will also provide needed services and
shopping areas in this area of the city and along Eagle Road and in the general vicinity.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (C -C): The purpose of the commercial districts is to provide for the retail
and service needs of the cormnunity in accordance with the Meridian Comprehensive Plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated in
the district, the scale and mix of allowed commercial uses, and the location of the district in proximity
to streets and highways.
B. Purpose Statement of Zone (R-8 and R-15): 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.
C. Schedule of Use: Table 11-2B-2, 11-2A-6 and 11-2A-7 list the principal permitted (P), accessory (A),
conditional (C), and prohibited (-) uses in the proposed C -C, R-8 and R-15 zoning districts. Any use
not explicitly listed, or listed as a prohibited use is prohibited.
D. Dimensional Standards: Development of the site shall comply with the dimensional standards listed
in UDC 11-2B-2 for the C -C zoning district and 11-2A-6 for the R-8 zoning district and 11-2A-7 for
the R-15 zoning district.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply
to development of this site.
E. Common Open Space and Site Amenity Requirements: Landscape buffers are required as part of this
project, including those along arterial roads (Eagle and Amity). The standards listed in UDC 11-3G-3
do not apply to the development of this site because the residential component of the project is not
being developed with this application. The developer will need to submit a separate application to
develop the residential portion of the project.
F. Structure and Site Design Standards: Development is required to comply with the design
standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Comprehensive Plan Map Amendment (CPAM):
The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the
land use designation on 26.81 acres of land from Low -Density Residential to Mixed Use-
Comrnunity.
A concept plan for a portion of the proposed development area was submitted with the subject
application. The concept plan depicts a mixed use development consisting of thirteen (13)
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 11
Exhibit A
commercial pad sites ranging in size from 8,000 square feet to 279,000 square feet.
The residential portion of the project will be reviewed at a later date. The submitted concept plan
indicates that the density for the residential portion will fall between 6 and 15 dwelling units per
acre, which is consistent with the requirements of the Comprehensive Plan.
In general, staff is supportive of the concept plan; staff would encourage the applicant to modify
their original proposal as follows:
1. Include the entire project area in the Mixed -Use Community Comprehensive Plan
designation. This will provide a greater transition to the existing single-family residential
homes in the Tuscany subdivision.
This will provide a greater transition to the existing single-family residential homes in the
Tuscany subdivision.
For the reasons stated in Section VII above, Staff is in support of the applicant's request.
B. Annexation & Zoning (AZ):
The applicant requests approval to annex and zone 40.38 acres of land with C -C and R-8 zoning
districts. The C -C zoning district is consistent with the MU -C designation and with a condition to
require the density of the residential parcels to between six and fifteen dwelling units per acre,
staff can make the finding that the R-8 zoning district is consistent with comprehensive plan.
Staffs recommendations are as follows:
1. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent
with the adjacent single-family homes to the north and provide a transitional use
between the more intense commercial uses to the south the existing residential to the
north.
2. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing
types within the Mixed -Use Community designation.
3. Prior to the City Council the applicant should submit revised legal description for the
proposed R-8 and R-15 zoned property.
The applicant has indicated that Lots 6-9 will be exclusively used as office designated lots, so the
development agreement will reflect a condition that ties the development to only those uses
allowed within that zoning designation.
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. To ensure the site develops as proposed and recommended by
staff with this application, staff recommends a DA as a provision of annexation with the
provisions included in Exhibit B.
C. Preliminary Plat (PP):
The proposed preliminary plat consists of thirteen (11) commercial lots, two (2) common lots and
one right-of-way lot on approximately 16.33 acres of land in a proposed C -C and R-8 zoning
districts. The thirteen (13) commercial lots range in size between 8,000 square feet and 279,000
square feet. Staff recommends that the two (2) remainder parcels (Parcel A and Parcel B) be
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 12
Exhibit A
included in the plat. Ten (10) days prior to the City Council hearing the applicant shall
submit a revised preliminary plat that incorporates the two remainder parcels.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11 -2A -6,11-2A-7 and 11-2B-3 for the R-8, R-15, and C -C zoning
districts. Since the C -C lots are not required to meet a minimum lot size, the proposed
cormnercial lots meet the dimensional standards of the zones. Per UDC Table 11-213-3, a 25 -foot
wide landscape buffer is required adjacent to E. Amity Road and S. Eagle Road, a 20 -foot wide
landscape buffer is required along S. Montague Way.
Though staff is recommending that the two remainder parcels be included in this plat, the
residential portion of this project is not being developed with this application. Compliance with
the dimensional standards will be evaluated at the time an application is submitted.
In an area designated as Mixed -Use, the residential component of the project shall be
between 6 and 15 dwelling units per acre. If the R-8 portion of the project develops with
a relatively low density, than the R-15 portion has to make up the difference.
Access: Currently, the property has one approved driveway accesses to S. Eagle Road.
This access point will be removed as part of the development. The applicant is proposing
to extend Mt. Etna Drive to connect with S. Eagle Road approximately 785 feet north of
E. Amity Road and 1205 feet south of Zaldia Drive.
The applicant is required to provide a cross -access agreement between the commercial lots within
the proposed development.
The applicant is also proposing to construct a new public street (Bellezza Way) that will connect
to E. Arnity Road approximately 780 feet west of Eagle Road and 625 feet east of Montague
Way.
In addition to the two public street connections (one each to Amity and Eagle), the applicant is
also proposing to have two right -in, right -out connects (also one ach to Amity and Eagle). The
applicant will need to receive approval from both Council and ACRD for the right -in, right -out
connections. The applicant is requesting two right -in, right -out access points to arterial roadways.
UDC 11-3A-3 limits access to collector and arterial roadways if access to a local street is
available. Staff recommends that the applicant construct the local streets with the first phase of
development. Revise concept plan to remove access points from the arterial roadways.
Landscaping: Alandscape plan was submitted with this application as shown in Exhibit A.5.
The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to S. Eagle and
W. Amity Roads, and the 20 -foot wide landscape buffer adjacent to N. Montague Way. The street
buffer landscaping complies with the standards in accord with UDC 11 -3B -7C.
With the development of the residential portion of the project, the applicant will be required to
meet the open space requirements of UDC 11-3B.
Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for
removal. The applicant is responsible to mitigate all existing healthy trees 4 -inch caliper or
greater that are removed from the site with equal replacement of the total calipers lost on site up
to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the
final plat, the applicant must submit a revised landscape plan that details the mitigation
plan outlined by the developer and the City Arborist.
Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered.
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 13
Exhibit A
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11 -3A-1 5 and MCC 9-1-28.
Sidewalk: Five-foot wide detached sidewalks are required along both E. Amity Road and S.
Eagle Road. Five-foot wide attached sidewalks are required along both sides of Mt. Etna Drive
and Bellezza Way in accord with UDC 11-3A-17.
Building Elevations: The applicant has submitted sample elevations to depict the style of homes
and proposed for the subdivision. (A reminder that the development of single-family homes is not
proposed as part of this application). The proposed homes depict a mix of building materials (lap
siding, and batten siding), decorative trim, decorative corbels and stone wainscot. The design
features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs
and a mix of building materials. Staff is of the opinion the future homes will complement the
existing homes in the area and demonstrate high quality materials.
The submitted commercial elevations incorporate a glass storefront, block wainscot, variations in
roof form, decorative covered entries, and modulation in the wall planes. However, specifics'
regarding the primary building materials is not provided on the submitted plan. Any structures
constructed on the commercial lots must comply with the design standards set forth in UDC 11-
3A-19. A recorrrrnended DA provision requires compliance with the submitted building
elevations.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits for any attached
single-family homes as well as for the commercial lots. The applicant must comply with the
design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural
Standards Manual.
Summary: In summary, staff finds the proposed project complies with the applicable policies of
the Comprehensive plan and is conditioned to comply with the applicable development standards
in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject
application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Existing & Proposed FLUM
-3-. Goneeptua4 Area Plan (dated: 4/5/16)
34, Preliminary Plat (REVISED)(dated: -512/2-15/16)
45, Landscape Plan (dated: 1/29/16)
56. Conceptual Building Elevations (dated: 7/22/16)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 14
Exhibit A
D. Required Findings from Unified Development Code
Firenze Plaza — CPAM, AZ, PP H-2016-0102 PAGE 15
Exhibit A
Exhibit A.1: Zoning & Aerial Maps
Vicinity Map °'5 °Mile=
-1-
Exhibit A.2: Existing & Proposed FLUM
500 1,000
Feet
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= Estate ! Rural Residential
Low Density Residential
ipledl=Density Residential
jvled-High Density Residential
Nigh Density Residential
'Commercial
Office
industrial
,Old Town
Mixed Use Neighborhood
wlixed Use Community
'Ivl ix ed Use Non -Residential
IdNedlUse-Regional — ---
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Mixed Employment
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High Density Employment
Exhibit A
-2-
Existing Land Us
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Proposed Land Us
Exhibit A
Exhibit A.3: ConceptualArea Plan Preliminary Plat (REVISED)(dated: 412/15/16)
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Exhibit A.56: Conceptual Building Elevations
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Exhibit A
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
conunencement 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. The existing home and associated outbuildings shall be removed from the site prior to
signature on the first final plat.
b. Future development of this site shall substantially comply with the preliminary plat/concept
plan, sem, landscape plan and architectural elevations included in Exhibit A.
c. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual.
d. A 25 -foot wide street buffer and a 5 -foot detached sidewalk is required to be constructed
along the connlercial frontage of E. Amity and S. Eagle Roads and construct the street
improvements (20 -foot wide street buffer, 5 -foot wide detached sidewalk and curb and guuejr
along the entire frontage of S. MontagueX with the first phase of development and prior
to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be
installed within the buffer in accord with the standards listed in UDC 11 -3B -7C.
e. The landscape buffer and sidewalk requirements along Parcels A and B shall be installed with
the development of those parcels, excluding the west side of the parcels as identified in
1.1.1d. above.
f. In accord with the requirements of the Mixed -Use designation set forth in the Comprehensive
Plan, the applicant shall be required to provide 5% of the development as public or quasi -
public space. With the first CZC or the final plat application, the applicant shall provide open
space calculations for the commercial portion of the development.
g. In accord with the requirements of the Comprehensive Plan for Mixed -Use developments; in
developments where multiple conunercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable area,
such as a plaza or green space.
h. The uses allowed on Lots 1 6 9 shall be only thoseuses allowed within the L 0
zoning dist •i The applicant shall work with staff to come up with a trigger to
implement the third required land use type.
i. Remainder parcels A and B shall be zoned R-8 and shall have lot sizes generally consistent
with the adjacent single-family homes to the north.
eombined density of between 6 and 15 dwelling units pef aere. Tf the mininium of 6 units
eannot be aehieved on one of the pareels, the otheF fesidepAial pFoperty shall Make tip the
diffeFenee i density.
L The two proposed local streets (Mt. Etna Drive and Bellezza Way) shall be constructed with
-7-
Exhibit A
the first phase of development. Thoapplicant shall f e the e ept plan toz . fv�
vine v �+®ciiv
aeoess points froni the afterial roadways, and provide a ivvised plat to staff at least ten (10)
days prior to the City Couneil ho g.
One right4n/right-out shall be allowed to Amity Road and one Eagle Road from the
proposed commercial portion of the project as proposed in the preliminary plat. No
direct lot aeeess to Eagle and Amity Roads shall be allowed as part of this development.
n. Parcels A and B shall be further subdivided prior to any development on those parcels.
o. In accord with the Mixed -Use designation set forth in the Comprehensive plan, the proposed
grocery store is limited to a maximum 60,000 square feet.
1.1.2 The landscape plan included in Exhibit A.5, dated October 12, 2016, is approved with the
following changes:
a. The landscape plan does not include the required 20 foot landscape buffer on the east side of
S. Montague Way. The applicant shall submit a revised landscape plan prior to the Council
hearing.
1.1.3 The preliminary plat included in Exhibit A.4, dated December 15, M 2 2016, shall e repvis a
10 days prior- to the City Couneil is approved as follows:
a. Remainder- par -eel A a-nd Remainder par -eel B sha4I be ineltided in the subdivision plat.
b. Prior to signature on the final plat, the applicant shall provide a copy of a recorded cross -
access agreement between the commercial lots within the proposed development.
Ten i1 m d the Ee�e 1;oan hal submit a
�—r�rnry �3�3rei�8— €--C-�ty— caking—tk@--nppnccn�srinrr-� u-cr�i�rei is�4
pFeliminary plat that i ates the two remainder pa -eels _
d. Prior- to the City Goiineil the applieant should submit revised legal desefiptiEffi f6f
1.1.4 All fencing shall comply with the standards listed in UDC 11-3A-7.
1.1.5 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 application for building permits, in accord with
UDC 11-513-1.
1.1.6 The applicant is required to submit an application for Design Review concurrent with the
Certificate of Zoning Compliance application in accord with UDC 11-513-8. The site and building
design is required to be generally consistent with the elevations and site plan submitted with this
application, the conditions of approval noted herein, and comply with the design standards and
guidelines in effect at the time of submittal of the application.
1.1.7 The applioant shall provide revised legal descriptions fer both the R 9 and R 15 zoning distrie
. . )f to the Qty Council hearing,
1.1.8 The applieant shall obtaift a Couneil waiver for- the aeoesS tE) Afflity ffnd Eagle Road ift aeeord
w4hT TT T -vv 1 1 3A-33 ..
1.2 General Conditions of Approval
1.2.1 Comply with all bulls, 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.
-8-
Exhibit A
1.2.3 Install lighting consistent with the provisions asset 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 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards asset forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.7 Construct all off-street parking areas consistent with the standards asset forth in UDC 11-313-5I,
11-313-8C, 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 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.2.10 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.
1.2.11 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 -I IC.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Architectural Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3 Ongoing Conditions of Approval
1.3.1 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 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.
1.4.3 The applicant shall submit revised legal descriptions for the staff recommended R-8 and R-15
zoning districts.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant will need to extend a short sanitary sewer main from the currently proposed terminus
near the NW corner of Parcel 13, to the east in order to provide service to parcels 12 and 13.
Each parcel shall be required to have a separate service line to the public sewer system.
2.1.2 A street light plan will need to be included in the final plat application. Street light plan
-9-
Exhibit A
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.
2.2 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.
2.2.3 The applicant shall provide easements) 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
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
-10-
Exhibit A
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 11-1-413.
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 ACRD.
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_worlcs.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.
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
-11-
Exhibit A
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 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs
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 ''/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.2 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 1 50'in length with no outlet.
4.3 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.
4.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 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.
4.7 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.8 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.
4.9 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.10 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
IFC 102.9
-12-
Exhibit A
4.11 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
4.12 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 Republic Services has requested details of the trash enclosures. Please coordinate with Bob
Olson, Republic Services (208-345-1265 or rolsonnu,republicservices.com) and obtain approval
of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
A. SITE SPECIFIC CONDITIONS
The revised plat layout, dated December 6, 2016 is approved.
2. Enter into a Cooperative Development Agreement with ACHD for the proposed widening of the
roundabout at Eagle/Amity, and the proposed widening of Eagle Road. The Cooperative
Development Agreement should include the intersection and roadway design and construction, as
well as allocation of costs. ACHD will provide reimbursement for eligible project costs of
permanent intersection improvements consistent with the CIP.
3. Dedicate right-of-way on Eagle Road to total 48 -feet from centerline (outside the influence area
of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way.
4. Construct Mount Etna Drive to intersect Eagle Road, located 785 -feet north of Amity Road; and
to intersect Montague Way in alignment with San Stefano Drive.
5. Construct one right-in/right-out only driveway to intersect Eagle Road, located 495 -feet north of
Amity Road. Restrict the driveway to right-in/right-out only with the construction of a 6" raised
median on Eagle Road. The median should extend from the roundabout north to 75 -feet beyond
the north edge of the driveway.
6. Dedicate right-of-way on Amity Road to total 48 -feet from centerline (outside the influence area
of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way.
7. Construct one 30 -foot wide right -in -right -out only driveway on Amity Road located 435 -feet west
of Eagle Road, as proposed. Restrict the driveway to right-in/right-out only with the construction
of a 6" raised median on Amity Road. The median should extend from the roundabout west to 75 -
feet beyond the west edge of the driveway.
8. Construct a dedicated right turn lane on Amity Road to accommodate the right-in/right-out only
driveway.
9. Constrict Bellezza Way to intersect Amity Road, located 780 -feet west of Eagle Road, as
proposed.
10. Construct a dedicated right turn lane and a center left turn lane on Amity Road at Bellezza Way.
11. Construct Mount Etna Drive, between Eagle Road and Bellezza Way, as a 46 -foot street section
with vertical curb, gutter, and a 5 -foot wide detached concrete sidewalk. If street trees are desired,
then the planter strip shall be 8 -feet in width.
-13-
Exhibit A
12. Public streets located west of Bellezza may be constructed as 34 -foot street sections with vertical
curb, gutter, and 5 -foot wide concrete sidewalks (attached or detached). If street trees are desired,
then the planter strip shall be widened to 8 -feet in width. Provide written Fire Department
Approval for use of the 34 -foot street section.
13. Construct commercial driveways on Mount Etna Drive, as proposed:
• Two 30 -foot wide driveways, aligned centerline to centerline on the north and south sides of
Mount Etna Drive, located approximately 250 -feet west of Eagle Road.
• One 30 -foot wide driveway located approximately 450 -feet west of Eagle Road.
14. Construct Bellezza Way as a 46 -foot street section with vertical curb, gutter, and a 5 -foot wide
detached concrete sidewalk abutting the site. Dedicate right-of-way to 2 -feet behind the back of
curb and provide a sidewalk easement for the detached sidewalk. If street trees are desired, then
the planter strip shall be widened to 8 -feet in width.
15. Construct commercial driveways on Bellezza Way, as proposed:
• One 30 -foot wide driveway located approximately 250 -feet north of Amity Road.
• One 40 -foot wide driveway located approximately 360 -feet north of Amity Road.
• One 40 -foot wide driveway located approximately 570 -feet north of Amity Road. (May be
wider if deemed necessary to accommodate trucks.)
16. Pave all driveways their fall width at least 30 -feet onto the site beyond the edge of pavement of
the adjacent roadway. Driveways on Eagle Road and Amity Road shall be constructed as curb
return type driveways.
17. All other driveways on the proposed local streets (future residential areas) will be reviewed with
future development applications.
18. Obtain approval from the ACRD Pavement Cut Cornrnittee for all cuts to Montague Way,
19. Other than the access points approved with this application, direct lot access to Eagle Road and
Amity Road is prohibited and shall be noted on the final plat.
20. Payment of impacts fees are due prior to issuance of a building permit.
21. Comply with all Standard Conditions of Approval.
B. STANDARD CONDITIONS OF APPROVAL
1. All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the
ACRD right-of-way.
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.
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.
-14-
Exhibit A
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.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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 contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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.
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.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
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.
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.
-15-
Exhibit A
Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
July 29, 2016
Project No. 116015
s405
TRE LAND GROUP, INC,
Exhibit "N'
EAGLE & AMITY PROJECT
ANNEXATION DESCRiPTION
A parcel of land located in the Southeast One Quarter of the Southeast One Quarter of Section 29, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Corner commun to Sections 28, 29, 92 and 33 of said Township 3 North, flange 1
East, said point being the POINT Or BEGINNING;
Thence North 89"43'46" West, a distance of 1327.92 feet on the Section Line common to said Sections
29 and 32 to the East 1/16th Section Corner common to said Sections 29 and 32;
Thence North Q0"51'25" West, a distance of 25,00 feet to the intersection point of the northerly right-
of-way line of East Amity Road and the easterly right-of-way line of South Montague Way;
Thence North 00'26'21" East, a distance of 1297,80 feet on the 1/16th Section Line to a point on the
southerly boundary line of Messina Meadows Subdivision No. 2, recorded in Book 101 at Page 13373 of
Plats, Ada County Records;
Thence South 89°39'52" East, a distance of 1307.62 feet on the southerly boundary line of said Messina
Meadows Subdivision No. 2, and the east -west 1/16th Section Line of the Southeast One Quarter of said
Section 29;
Thence South 89"08'56" East, a distance of 25.00 feet to the South 1/16th Section Line common to said
Sections 2B and 29;
Thence South 00°37'07" West, a distance of 1321.08 feet on said Section Line to the point of beginning.
The above described parcel contains 40.38 acres more or less.
PREPARED 8Y:
THE LAND GROUP, INC.
James R. Washburn
P,
Site Planning • Landscape Architecture m Civil Engineering; . Golf Course Irrigation & Engineering 4 Graphic Design • 5urveying
462 E. Shore Drive, Suite 100 a Eagle, Idaho 83616 • P 208,939.4041 • www.thelandgroupinc.com
-16-
Exhibit A
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-17-
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April 29, 2016
Project No. 116015
Exhibit A
TIM LAND GROUP, INC,
Exhibit "A"
EAGLE & AMITY PROJECT
GCZONF DESCRIPTION
A parcel of land located in the Southeast One Quarter of the Southeast One Quarter of Section 29, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Cornercommon to sections 28, 29, 32 and 33 of said Township 3 North, Range i
East, (from which point the One Quarter Corner common to said Sections 28 & 29 bears North 00°37'07" East,
2642.15 feet distant), said Section Corner being the POINT OF BEGINNING;
Thence North 89°43'46" West, a distance of 762.19 feet on the section line common to said Section29
and 32;
Thence North 00'37'07" East, a distance of 789,79 feet;
Thence South 89°22'$3" East, a distance of 397.88 feet;
Thence North 00'37'07" East, a distance of 304.02 feet;
Thence South 89'40'14" East, a distance of 364,30 feet to a point on the Section line common to said
Sections 28 and 29;
Thence South 00'37'07" West, a distance of 1091.03 feet on the Section line common to said Sections
28 and 29 to the point of beginning,
The above described parcel contains 16.33 acres more or less,
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn
Site Planning 0 Landscape Architecture - Civil Engineering • Golf Coutse Irrigation & Engineering + Graphic Design , Surveying
462 E, Shore Drive, Suite 100 + Eagle, Idaho 83616 s P 708,939,4041 - avwmthelandgrouptnc•com
-18-
July 29, 2016
Project No, 116015
im1WR:�iV:1
TUE LAND GROUP, INC.
Exhibit "A"
EAGLE & AMITY PROJECT
R-8 ZONE DESCRIPTION
A parcel of land located in the southeast One Quarter of the Southeast One Quarter of Section 29, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Corner common to Sections 28, 29, 32 and 33 of said Township 3 North, Range 1
East;
Thence North 00"37'07" East, a distance of 1091.03 feet on the Section tine common to said Sections 28 and 29
to the point the of POINT OF BEGINNING;
Thence North 89°40'14" West, a distance of 364,30 feet;
Thence South 00°37'07" West, a distance of 304.02 feet;
Thence North 89°22'53" West, a distance of 397,88 feet;
Thence South 00°37'07" West, a distance of 789.79 feet to a point on the Section Line common to said
Sections 29 and 32;
Thence North 89143'46" West, a distance of 565.73 feet on the Section Line common to said Sections 29
and 32 to the East 1/16th Section Corner common to said Sections 29 and 32;
Thence North 00'51'25" West, a distance of 25,00 feet to a point on the northerly right-of-way line of
East Amity Road;
Thence North 00°26'21" East, a distance of 1297.80 feet to the southeast 1/16th Section Corner of said
Section 29, said point being on the southerly boundary line of Messina Meadows Subdivision No, 2, as
same is shown on the Plat thereof retarded in Book 101 of Plats at Page 13373 of Ada County Records;
Thence South 89'39'52" East, a distance of 1307.62 feet on the southerly boundary line of said Messina
Meadows Subdivision No, 2;
Thence South 89°08'56" East, a distance of 25.00 feet to the South 1/16th Section Corner common to
said Sections 28 and 29;
Thence South 00"37'07" West, a distance of 230.05 feet on the Section Line common to said Sections 28
and 29 to the point of beginning.
The above described parcel contains 24.05 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn
Site Planning • Landscape Architecture < Civil Engineering - Golf Course irrigation & Engineering - Graphic Design r Surveying
462 E. Shore Drive, Suite 100 i Eagle, Idaho 83616. P 208.939.4041 a wmv.thelandgroupinc.com
-19-
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- BASIS OF BEARING -
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-20-
�.
Exhibit "'R"
South Eagle Road & East Amity Road
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R-8 Zane Description
Meridian ]Asha
-20-
Exhibit A
D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. hi order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
Council finds that the proposed changes, as recommended by staff, to the Future Land Use
Map are generally consistent with elements of the Comprehensive Plan as detailed in
Section VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use -
Cormnunity uses will be compatible with existing and future residential and commercial
uses in the nearby vicinity.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Council finds the proposed amendment will be compatible with adjacent existing and future
residential and commercial uses if the applicant complies with the conditions in Exhibit B.
L The proposed amendment will not burden existing and planned service capabilities.
Council fords that the proposed amendment would not burden existing and planned service
capabilities in this area of the city. Sewer and water services are available to be extended to
this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
Council finds the proposed commercial development of this property is consistent with the
proposed map amendment and will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council
finds that the proposed amendment is in the best interest of the City.
2. ANNEXATION & ZONING FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public bearing, review the application. In order to grant an annexation, the
-21-
Exhibit A
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Council finds that the proposed map amendment to C -C, and R-8 and R 15 are consistent
with the proposed MU -C FLUM designation for this site and should be compatible with
existing and future uses in the area. Therefore, Council finds the amendment is consistent
with the applicable provisions of the Comprehensive Plan (see section VII above for more
information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the C -C and R-8 zoning districts are
consistent with the purpose statements 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;
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. The
Council considered any oral or written testimony that was provided when determining this
finding.
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,
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 11-513-3.E).
Council finds the proposed annexation of this property is in the best interest of the City if the
applicant develops the site in accord with the conditions listed in Exhibit B and enters into a
development agreement.
3. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for rnore
infortnation.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
-22-
Exhibit A
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relied upon continents from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered any public testimony that was presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which Council
is unaware.
L The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this site.
-23-