Summertown H-2017-0142 AZDEVELOPMENT AG E +NT
PARTIES: 1. City of Meridian
2. Estate of Ruby E. Ward, Owner
3. 745 W. Ustick LLC; Developer
S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of ".w. _� , 2019, by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and the Estate of Ruby E. Ward, whose address is 745 W. Ustick Road, Meridian, Idaho
83646, hereinafter called OWNER and. 745 W. Ustick LLC, whose address is 1307 N. 39�h
Street, Ste. 102,Nampa, ID 83687, hereinafter called DEVELOPER.
I REC ALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and y this reference incorporated herein as if set forth in full,
herein after referred to as the Property, and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Ownerand/or Developer make
a written commitment concerning the use or development ofthe subject Property,
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I 1-5E-3 of the Unified Development Code ("UDC") which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Ownerand/or Developer have submitted an application for
annexation and zoning of 15.13 acres of land with an -R (Traditional
Neighborhood Residential) zoning district; underthe Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Ownerand/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEvELoY E T AGREEMENT — SUMMERTOWN (H-2017-0142) PAGE 1 OF 9
Meridian City Council Meeting Agenda February 26, 2019 — Page 128 of 340
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addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe 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
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Estate of Ruby E. Ward
Debbra L. Hill, Personal Representative
DE
745
By:
Its:
CITY OF MERIDIAN
By:
Mayor
EDA
of
Weerdi IDAHO
SEAL
ATTEST:
0
7
ay Coles, Oty Clerk
DEVELOPMENT AGREEMENT — SUMMERTO -N 17-QJJA � PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this day of 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared Debbra L. ill, known or identified to me to be the personal representative of the Estate of Ruby E.
Ward and the per p1i WIII1 above and acknowledged to me that he executed the same on behalf of said Estate.
\N\\\� N L vu, "41
IN AT a ,Vave hereunto set my hand and affixed my official seal the day and year in this
certificate 4'st aEiove written. •0� Z
Comm
(SEAL) EXPIRES 11-73-:
Notary Public r Idaho
i ••J'� ; Residing at: �G CCCC�`
�i���,q.OF_111P••��� My Commission Expires: ///,Z U 2 Z -
STATE OF IDAHO
ss:
County of Ada,
On this hr day of i-�tW�2019, before me, the undersigned, a Notary Public in and for said State,
personally appearedy0.s\��.1 okyn.'' known or identified to me to be the C� plc R -r'
of 745 W. Ustick LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written. C
(SEAL)
Notary Publi� for Idaho
Residing at:
My Commission Expires: 2 13 CINDY SELLMAN
COMMISSION #65455
NOTARY PUBLIC
STATE OF IDAHO ) STATE OF IDAHO
: ss MY COMMISSION EXPIRES 02/13/2021
County of Ada // ) r,, M
On this 21D day of r�i JQ , 2019, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identifi-ed 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.O
JI
EAL Notary Public for Idaho V
�HARLENE WAY Residing at: an Adafiz
COMMISSION #67390 Commission expires:$ -at8' 022.
NOTARY PUBLIC
STATE OF IDAHO
[My COMMISSION EXPIRES 3/28/22
EVEL PM A - (H-2017-0142) PAGE 8 OF 8
EXHIBIT A
Summertown H -2017 -0142
Legal Description and Exhibit Map
Meridian City Council Meeting Agenda February 26, 2019 – Page 136 of 340
EXHIBIT A
Summertown H -2017 -0142
Meridian City Council Meeting Agenda February 26, 2019 – Page 137 of 340
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 15.13 acres of land with an TN-R
Zoning Designation, by Phoenix Commercial Construction, LLC.
Case No(s). H-2017-0142
For the City Council Hearing Date of: April 24, May 15, November 7, and December 4, 2018
Findings on December 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 24, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 24, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 24, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2017-0142] - 1 -
Meridian City Council Meeting Agenda December 18, 2018 – Page 116 of 702
EXHIBIT B
Meridian City Council Meeting Agenda February 26, 2019 – Page 138 of 340
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 24, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of April 24, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 24, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2017-0142] - 2 -
Meridian City Council Meeting Agenda December 18, 2018 – Page 117 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 139 of 340
By action of the City Council at its regular meeting held on the day of
ece-rnkDer , 2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED A
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED —
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED 11
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tammy eerd
Attest:
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C.J y Cdles 4 cAHo
Ci Clerk SEAL,
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: euib Dated
City Clerk's Office
i
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2017-0142] rJ' U V-nMeY' Y Or) - 3 -
Meridian City Council Meeting Agenda February 26, 2019 – Page 140 of 340
EXHIBIT A
STAFF REPORT
Hearing Date: April 24, 2018
TO: Mayor & City Council
FROM: Bill Parsons, Planning Supervisor
208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2017-0142 – Summertown – AZ
1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, 745 W. Ustick, LLC, has submitted an application for annexation and zoning (AZ) of
15.13 acres of land with a TN-R zoning district. A concept plan, landscape plan and elevations have
been submitted with the annexation request that depicts a 272-unit multi-family development and nine
9) single family residential lots.
After the Planning and Zoning Commission hearing on March 15, it has come to staff’s
attention that there is a property boundary dispute between the subject property and the
property to the east. A portion of the property to be annexed was not included in the annexation
request. Annexing the property as is would create what is commonly known as a spite strip, or a
portion of a parcel that is within two separate jurisdictions.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the requirement of a Development
Agreement that includes the provisions noted in Exhibit B of the staff report, based on the Findings of
Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on December 7, 2017,
December 21, 2017, January 4, 2018, February 15, 2018 and March 15, 2018. At the public
hearings, the Commission moved to recommend approval of the subject Annexation and
Zoning request.
a. Summary of Commission Public Hearing:
i. In favor: Kent Brown (Applicant’s Representative), Adam Garcia, Devan Robinette,
Joe Simunich
ii. In opposition: Vida Ballard,
iii. Commenting: Vida Ballard, Bill Jackson, Katherine Garcia, Tyler Moss, Adam Garcia,
Kent Brown, Devan Robinette, Tamara Haron,
iv. Written testimony: Bethany Dewitt, Carrie Hovey, Dan Adams, Diane Ryssel, Kira
Bishop-Loya, Lance Mertz, Lin Pyles, Mari Jo Hessler, Rosemary Taylor, Ryan Kruger,
Susan Littlefield, Tyler moss
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. The large number of apartments being constructed in the area
ii. Traffic congestion in the area currently
c. Key Issues of Discussion by Commission:
i. Why the proposal change from senior housing, commercial and multifamily to just
multifamily?
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Meridian City Council Meeting Agenda December 18, 2018 – Page 119 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 141 of 340
EXHIBIT A
ii. Are four-story building appropriate for the parcel in relation to Ustick and existing
single-family homes?
iii. Is the transition to the existing single-family homes appropriate?
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1d to read as follows: Prior to the Commission hearing, the
applicant shall provide greater detail with further development to ensure that the
architecture complies with the Architectural Standards Manual. The property shall be
subdivided prior to receipt of any building permits for the project.
ii. Modify condition 1.1.1G(1) to read as follows: The northern access to Venable shall be
utilized as an emergency access only.
iii. Eliminate condition 1.1.1(G)7.
e. Outstanding Issue(s) for City Council:
i. Property boundary dispute. See description above.
The Meridian City Council heard this item on April 24, May 15, November 7, and December 4,
2018. At the December 4, 2018 public hearing, the Council approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Shannon Robnett, Joe Simunich (neutral)
ii. In opposition: Dawna Ray McNair, Susan and James Littlefield, Dianne Ryssel, Igor
Osipchuk, Karen Beaudin, Tyler Moss, Justin Chase, Amy and Jeffrey Lay, Brad
Bower
iii. Commenting: Etta Hill, Catherine Garcia and Shannon Robnett, John Carver, Doug
Taylor, David Ledford, Jennifer Kettle, Tammy and Mike Emerich, Richard Garcia,
Eva Bailey, Charlie Sobolewski, Dan Thompson, Justin Lucas and Tamara Heron
iv. Written testimony: Amy Kernin, Karen Beaudin, Diane Ryssel, Bill Cassinelli, Tyler
Moss, Susan Littlefield, Calvin and Andrea Tilley, Chris Williams, Darrin Raskopf,
Jesus Guevara Jr., Kelli Dalley, Kristen Swafford, Lance Mertz, Leslie Bolton, Mari Jo
Hessler, Rosemary Taylor, Ryan Kuger, and Genesis Milam
v. Staff presenting application: Josh Beach and Bill Parsons
vi. Other staff commenting on application: Bill Nary, Bill Parsons and Caleb Hood
b. Key issue(s) of Public Testimony:
i. Cut-through traffic and traffic congestion.
ii. Overcrowded schools and construction of a new elementary school north of Ustick
Road, west side of Settlers Park.
iii. Scale, bulk and design of the proposed development and transition to adjacent
developments.
iv. Vandalism to the existing amenities in the Crossfield Subdivision.
v. Affordable housing choices in the city.
vi. ACHD’s conditions of approval for the development and the timeframes in which they
are reviewed and approved for the proposed development.
c. Key Issues of Discussion by Council:
i. Property boundary dispute between the subject property and the parcel on the east
boundary; creation of a spite strip.
ii. Annexing the property prior to completing the rezone and boundary adjustment in the
County.
iii. Density of the proposed project.
iv. Enrollment of students in nearby schools.
v. Traffic calming measures to mitigate impacts to the surrounding developments.
d. Key Council Changes to Staff/Commission Recommendation
i. Council removed DA provisions 1.1.1d, e and g.1.
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Meridian City Council Meeting Agenda December 18, 2018 – Page 120 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 142 of 340
EXHIBIT A
ii. Council added two (2) new DA provisions requiring the applicant to comply with all
ACHD conditions of approval required at the time of CZC approval and required speed
cushions in W. Sedgewick Dr. and W. Indian Rocks St., if approved by ACHD,
Meridian Fire Department and surrounding neighborhoods.
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve of File Number H-
2017-0142 as presented in staff report for the hearing date of April 24, 2018 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0142
as presented in staff report for the hearing date of April 24, 2018 for the following reasons: (You
should state specific reason(s) for denial.)
Continuance
I move to continue File Numbers H-2017-0142 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 745 W. Ustick Road (Parcel # S1201121103)
The site is located in the NE ¼ of Section 1, Township 3N., Range 1W.
b. Owner/Applicant:
Ruby E. Ward
745 W. Ustick Road
Meridian, ID 83646
c. Representative:
Devan Robnett, Phoenix Commercial Construction, LLC
1307 N. 39th Street Suite 102
Nampa, ID 83687
d. Applicant's Request: Please see applicant’s narrative for this information.
5. PROCESS FACTS
a. The subject application is for annexation and zoning. A public hearing is required before the
Planning and Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
b. Newspaper notifications published on: January 26, 2018
c. Radius notices mailed to properties within 300 feet on: January 19, 2018
d. Applicant posted notice on site by: January 29, 2018
6. LAND USE
a. Existing Land Use(s): The subject property consists of a rural residence and several outbuildings;
zoned RUT in Ada County.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning:
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Meridian City Council Meeting Agenda December 18, 2018 – Page 121 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 143 of 340
EXHIBIT A
1. North: Commercial property, zoned C-N
2. East: Commercial property, zoned C-2; and agricultural land, zoned RUT
3. South: Single family residential property in the Vallin Court Subdivision, zoned R-8
4. West: Single family residential homes and the Crossfield Apartments in the Crossfield
Subdivision, zoned TN-R and R-8.
c. History of Previous Actions: None
d. Utilities:
1. Public Works:
Location of sewer: A sewer main intended to provide service to the subject parcel currently
exists to the south in N. Ridgebury Avenue.
Location of water: Water mains intended to provide service to the subject site currently exists
in W. Ustick Road and in N. Ridgebury Avenue.
Issues or concerns: Applicant shall be required to make water connections with each of the
available sources, as well as install a 12-inch diameter water mainline in N. Venable Lane.
e. Physical Features:
1. Canals/Ditches Irrigation: Staff is unaware of any canals/ditches that may exist on the site.
2. Hazards: Staff is unaware of any hazards that may exist on the site.
3. Flood Plain: This property is not within the floodplain overlay district.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is currently designated “Mixed Use – Community” (MU-C) with a Neighborhood
Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. In these areas the City seeks
a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for
neighborhood scale development. Neighborhood Centers should serve as public transit locations for
future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation.
Neighborhood Center developments are encouraged to be designed according to the conceptual
neighborhood center plan. The grid street pattern within the neighborhood allows traffic to disperse,
eases congestion, slows traffic, and is safer for residents.
In addition to the items listed for the MU-C designation, the following items will be used in
reviewing development applications in all MU-C areas with an N.C. overlay:
Four specific design elements should be incorporated into a Neighborhood Center
development: a) street connectivity, b) open space, c) pathways, and d) residential density
that is eight dwelling units per acre or more.
Most blocks should be no more than 500’ to 600’, similar to Old Town and Heritage
Commons; larger blocks are allowed along arterial streets.
Reduced travel lane widths are encouraged.
The design should provide an interconnected circulation pattern that is convenient for
automobiles, pedestrians, and transit.
The centers should offer an internal circulation system that connects with adjacent
neighborhoods and regional pathways, connecting to and integrated with the larger street and
pathway system.
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Meridian City Council Meeting Agenda December 18, 2018 – Page 122 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 144 of 340
EXHIBIT A
Developments should provide neighborhood accessible commercial services that do not force
residents onto arterial streets.
Developments should provide a variety of housing choices and types.
Housing within developments should be arranged in a radiating pattern of lessening densities
from the core.
Alleys and roadways should be used to transition from dissimilar land uses, or residential
densities.
The applicant is proposing a mix of multi-family and single-family residential uses at an overall gross
density of 18.57 dwelling units per acre, which is slightly above the density of 3 to 15 dwelling units
desired in the MU-C designation. Most of the density is in the form of the multi-family development.
Staff believes that interconnectivity between this development and the development to west could be
enhanced if the applicant would align the intersections at W. Stanhope and the driveway constructed
with the Crossfield Apartment complex to the west.
There is not a small-scale commercial/entertainment/office component planned for the site as detailed
in the NC designation, only a mix of residential. However, there is commercial property zoned C-C
and C-N across the street on the north side of Ustick Road, which should provide the commercial
component of the NC designated area. It is important to note that when the apartments to west came
through as part of a rezone application, staff contemplated a commercial component as part of this
property which provided a justification to allow additional residential units to the west. A commercial
component is not proposed as part of this application.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
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.4.
Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Direct lot access is not proposed to W. Ustick Road, an arterial street. The concept plan
depicts 3 access points N. Venable Lane which is designated as a residential collector on
ACHD’s Master Street Map. If the applicant would align the northern driveway with the
adjacent apartment complex to the west and the public street with W. Stanhope to the west,
staff finds the applicant could eliminate the middle access to N. Venable Lane.
Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
Ustick Road is designated as an arterial roadway and Venable Ave is classified as a collector
roadway. By City Ordinance, a 25-foot wide landscape buffer is required adjacent to Ustick
Road and a 20-foot wide landscape buffer is required along Venable Ave. The landscape
buffers must deigned in Accord with UDC 11-3B-7C and Table 11-2D-6.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel.
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Meridian City Council Meeting Agenda December 18, 2018 – Page 123 of 702Meridian City Council Meeting Agenda February 26, 2019 – Page 145 of 340
EXHIBIT A
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.020)
The applicant has provided a conceptual street design for this development and the adjacent
County properties. The proposed concept plan depicts the extension of N. Ridgebury Ave.
and the extension of W. Stanhope Street that will stub to the east. Further, the applicant has
demonstrated how the adjacent County properties could develop without the need for an
additional stub street. Since there is an adjacent County parcel to the east, commercially
zoned, staff recommends that the applicant grant that parcel cross access so that property
has access to Venable Lane in the future (see exhibit A.3).
Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc).” (3.01.01B)
Staff recognizes the proposed development will impact traffic, schools and parks in the area.
Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan.” (3.05.01E)
The proposed development does not have a commercial component as anticipated by MU-C
designated areas. However, there are adjacent commercial uses to the north that can provide
small scale neighborhood uses to support the proposed development. Additional employment
in the area is unknown until actual uses develop in the area.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities.” (3.05.02F)
The applicant is proposing to provide a block of residential lots along the south boundary to
provide transitional zoning to the adjacent residential lots. However, as designed the
applicant is proposing to construct four-story structures that may not provide an appropriate
transition between the County residents and the adjacent single family homes. Staff
recommends that the applicant construct apartment buildings that are two stories along
Venable Lane and Ustick Road to provide a transition to the adjacent uses. The internal
buildings should not exceed three stories in height.
Develop incentives for high-density development along major transportation corridors to
support public transportation system.” (3.06.02G)
In the future Ustick Road will be a mobility corridor. The applicant should coordinate with
VRT to see if a future bus stop is desired in this location.
Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future
infrastructure plans, transportation corridors, highway alignments, etc. and allow only
compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H)
ACHD, ITD and COMPASS have provided comments on the subject application. Please
review the public record for this information.
Provide housing options close to employment and shopping centers.” (3.07.02D)
The proposed development is near some employment and vacant commercial property that
may develop with uses that could provide other employment.
Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02L)
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The proposed development is near Settlers Park and Ustick Road is slated for widening this
year from two lanes to five lanes.
Provide for a wide diversity of housing types (single-family and multi-family arrangements)
and choices between ownership and rental dwelling units for all income groups in a variety of
locations suitable for residential development.” (3.07.03B)
The proposed multi-family residential development will contribute to the variety of housing
types available within this part of the City.
Require open space areas within all development.” (6.01.01A)
The proposed development is required to comply with the minimum common open space
design standards listed in UDC 11-4-3-27C for multi-family developments as well as the
qualified open space standards listed in 11-3G-3 for residential developments. As designed
the single family portion of the development doesn’t appear to have access to the amenities or
open space proposed for the multi-family residences. Per the mixed-use standards above,
opens space and interconnectivity is encouraged. At the hearing, the applicant should clarify
if the residents of the single family portion of the development will have access to the open
space and amenities proposed for the multi-family development.
In accord with the above policies and for the above-stated reasons/recommendations, staff finds
the proposed use is appropriate in this location.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the TN-R district is to provide for a variety of
residential land uses including attached and detached single-family residential, duplex,
townhouse, and multi-family. A TN-R district includes open spaces and promotes pedestrian
activity through well designed and varied streetscapes that also provide for the safe and efficient
movement of vehicular traffic. Most dwelling units should be accessed from alleys. The
minimum density is six (6) units per acre. Density should decrease away from the center and
closer to conventional residential districts. The TN-R district should be generally located adjacent
to a TN-C district, along a transit corridor, or within a mixed use neighborhood. For the purposes
of this title, the term residential district shall also include the traditional neighborhood residential
district.
B. Schedule of Use: Unified Development Code (UDC) 11-2D-2 lists the permitted, accessory, and
conditional uses in the TN-R zoning district. The proposed multi-family and single-family
detached dwellings are listed as principal permitted uses in the proposed TN-R zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC Table 11-2D-2 for the proposed TN-R zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC 11-3B-7C and Table 11-2D-6.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-
family and single family detached dwellings.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards
Manual (ASM).
G. The site must comply with the multi-family specific use standards set forth in UDC 11-4-3-27.
H. The site must comply with the subdivision standards set forth in UDC 11-6C-3.
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I. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-
family and single family dwellings.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
1. AZ: The applicant requests annexation and zoning of 15.13 acres of land with the TN-R
zoning district, generally consistent with the MU-C land use designation.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the conditions included in
Exhibit B.
Site Plan: The applicant has provided a concept plan, that depicts a 272-unit multi-family
consisting of ten (10) multi-family structures (three and four stories in height), a clubhouse and
nine (9) single family residential lots on approximately 15 acres of land as required by UDC 11-
5B-3C(3). On the submitted concept plan the applicant has provided the open space calculations
and depicted the amenities that are proposed for the future development. This information is
provided below.
In general, staff is supportive of the submitted concept plan. Because the multi-family use is a
principally permitted use and only requires CZC and DES approval upon annexation of the
property, staff is recommending that the applicant modify the concept plan as follows:
1. Align the northern and southern access with the accesses on the west side of N. Venable
Lane; remove the center access driveway.
2. Venable Lane should be constructed as a complete residential collector street with the
first phase of development.
3. The applicant should comply with the open space and site amenities as depicted on the
submitted concept plan. Further, the site should comply with the common open space and
site amenity standards specified in UDC 11-3G and UDC 11-4-3-27.
4. Cross access should be granted to the Ada County parcel #S1201120651. Cross access will
not be required if the property annexes into the City with a residential district.
5. The applicant has indicated that the multi-family portion of the site is the first phase of
development. The applicant has been informed that the property must be further
subdivided in order to create the single family lots along the southern boundary. Staff
recommends a DA provision the applicant record a final plat prior to the issuance of the
first occupancy permit. Future subdivision should comply with the subdivision standards
set forth in UDC 11-6C-3.
6. The applicant should clarify at the public hearing if the single family residences will have
access to the amenities and open space proposed for the multi-family portion of the
development in accord with the mixed-use standards.
7. To provide an appropriate transition to the adjacent Ada County parcels and the single
family residences, no multi-family structure should exceed three stories in height and the
multi-family buildings that front along public streets shall not exceed two stories in height.
Further, the proposed garage structure along the south boundary of the multi-family
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portion of the site shall be broken up into multiple structures to break-up the monotonous
appearance of structure.
Landscaping: A landscape plan was submitted with the application that shows approximately
3.114 acres of open space, or approximately 22.5% of the site. This area includes several areas of
open space that are larger than 50 feet by 100 feet as well as half of the landscape buffer along
Ustick Road. The applicant is required to comply with the open space requirements in both UDC
11-3-G-3 and 11-4-3-27.
Amenities: The amenities included in the project include a pool, two (2) play structures, a
clubhouse, an outdoor patio, dog park and water feature. The applicant is required to comply with
the open space requirements in both UDC 11-3-G-3 and 11-4-3-27. The open space and amenities
for the multi-family portion of the property shall be for the use of the multi-family development
as well as the single family homes.
Connectivity: The applicant provided an exhibit showing how future connectivity in the area.
With that exhibit, staff is supportive of the single-stub street to the property to the west with the
caveat that the commercial business near the northeast corner of the property be provided a cross-
access if that property is to be used for a commercial use if/when the property annexes into the
City.
Dimensional Standards: The TN-R zoning requested by the applicant requires specific lot sizes
and design elements not typically required by other zoning designations. The applicant is advised
to review section 11-2D-6 of the UDC and to ensure that any proposed development conforms to
this section. Future development of this site should comply with the dimensional standards set
forth in UDC 11-2D-6.
Parking: The conceptual site plan indicates that there will be a total of 544 parking stalls which
is a ratio of 2 parking stalls per unit. Since this development is located adjacent to a collector and
arterial roads which does not allow for on-street parking, the applicant has provide more parking
than what is required by City ordinance. Staff is supportive of the proposed parking shown on the
concept plan.
The applicant is also required to provide one (1) bicycle parking stall for every 25 proposed
parking stalls. On the submitted site plan the applicant has dispersed bike racks throughout the
proposed concept plan. The applicant will also need to meet any requirements for ADA stalls as
dictated by the International Building Code. Bile parking on the site must comply with the
standards set forth in UDC 11-3C-5C and 11-3C-6G.
Building Elevations: The multi-family structures within the proposed development that are
visible from the street or abutting properties are required to comply with the design review
standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards
Manual.
Building materials for the proposed structures were not provided. Prior to the Commission
hearing, the applicant shall provide greater detail with further development to ensure that the
architecture complies with the Architectural Standards Manual.
Staff is not supportive of the approved elevations for several reasons including the proposed
height, and the 12-plex structures do not appear to have the required 80 square foot of private
open space. At the time of this staff report staff had not yet received carport elevations.
In summary staff finds the proposed project complies with the future land use map and applicable
policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit
B. Based on the aforementioned analysis, staff recommends approval of the subject application.
10. EXHIBITS
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EXHIBIT A
A. Drawings
1. Vicinity Map
2. Proposed Concept Plan (dated: 10/26/2018)
3. Conceptual Street Layout
4. Proposed Elevations (NOT APPROVED dated: 10/26/2018)
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
8. Idaho Transportation Department
9. West Ada School District
10. COMPASS
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity/Zoning Map
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2. Proposed Concept Plan (dated: 10/26/2018)
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3. Proposed Conceptual Road Layout
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4. Proposed Elevations (Not Approveddated: 10/26/2018)
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B. Conditions of Approval
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this
property. Prior to annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A
Certificate of Zoning Compliance application will not be accepted until the ordinance and
development agreement are recorded.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation, approved by
City Council and recorded. The DA shall, at minimum, incorporate the following provisions:
a. Future development of the site shall be consistent with the design standards listed in UDC 11-
3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any
updated versions thereof).
b. Future development of this site shall be generally consistent with the conceptual site plan and
landscape plans depicted in Exhibit A and the revisions noted in the staff report.
c. The project shall comply with all of the standards of the TN-R zoning district as set forth in
11-2D-6.
d. Prior to the Commission hearing, the applicant shall provide greater detail with further
development to ensure that the architecture complies with the Architectural Standards
Manual. The property shall be subdivided prior to receipt of any building permits for the
project.
e. Prior to the Planning and Zoning Commission the applicant shall provide conceptual
elevations for carports.
d. If the properties to the east of the subject property develop as commercial uses, the applicant
shall provide a cross access between the properties.
e. The site plan shall be revised as follows:
1. Align the northern and southern access with the accesses on the west side of
N. Venable Lane; remove the center access driveway. The northern access
to Venable shall be utilized as an emergency access only.
2. Venable Lane shall be constructed as a complete residential collector street
with the first phase of development.
3. The applicant shall comply with the open space and site amenities as
depicted on the submitted concept plan. Further, the site shall comply with
the common open space and site amenity standards specified in UDC 11-3G
and UDC 11-4-3-27.
4. Cross access shall be granted to the Ada County parcel #S1201120651. Cross
access will not be required if the property annexes into the City with a
residential district.
5. The applicant has indicated that the multi-family portion of the site is the first
phase of development. The applicant has been informed that the property
must be further subdivided in order to create the single family lots along the
southern boundary. The applicant shall record a final plat prior to the
issuance of the first multi-family occupancy permit. Future subdivision shall
comply with the subdivision standards set forth in UDC 11-6C-3.
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6. The applicant should clarify at the public hearing if the Future single family
residences shall have access to the amenities and open space proposed for the
multi-family portion of the development in accord with the mixed-use
standards.
7. To provide an appropriate transition to the adjacent Ada County parcels and
the single family residences, no multi-family structure should exceed three
stories in height and the multi-family buildings that front along public streets
shall not exceed two stories in height. Further, the proposed garage structure
along the south boundary of the multi-family portion of the site shall be
broken up into multiple structures to break-up the monotonous appearance of
structure.
f. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
g. Direct access to W. Ustick Road is prohibited.
h. The site shall develop with a multi-family development and shall comply with the specific
use standards as set forth in the UDC 11-4-3-27.
i. The applicant shall construct speed cushions within W. Sedgewick Dr. and W. Indian Rocks
St. if approved by ACHD, Meridian Fire Department and the surrounding neighborhoods.
j. The applicant shall comply with all ACHD conditions of approval required at the time of
CZC approval.
2. PUBLIC WORKS DEPARTMENT
2.1.1 Applicant shall be required to make water connections with each of the available sources, as well
as install a 12-inch diameter water mainline in N. Venable Lane.
2.1.2 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.1.3 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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
development plan approval.
2.1.6 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
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11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.1.7 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.
2.1.8 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.
2.1.9 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.
2.1.10 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.
2.1.11 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.
2.1.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.14 All grading of the site shall be performed in conformance with MCC 11-1-4B
2.1.15 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.
2.1.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.17 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.
2.1.18 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
2.1.19 The City of Meridian requires that the owner post to the City a Warranty Surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
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deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 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.
3.2 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.4 Commercial and office occupancies will require a fire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns related to this application.
6. REPUBLIC SERVICES
6.1 Republic Services has no comment on this application,
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7. ADA COUNTY HIGHWAY DISTRICT
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8. IDAHO DEPARTMENT OF TRANSPORTATION
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9. WEST ADA SCHOOL DISTRICT
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10. COMPASS
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C. Legal Description and Exhibit Map
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D. Required Findings from Unified Development Code
1. Annexation & Zoning Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council finds the proposed annexation to TN-R is consistent with the proposed MU-
C future land use designation.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council finds that the proposed map amendment to the TN-R zoning district is
consistent with the purpose statement of the traditional neighborhood residential district
and the proposed uses will provide a needed service to area residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if the applicant complies with conditions outlined in this
report. However, the Council considered all oral or written testimony 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,
The Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Per the above findings, Council finds the proposed annexation is in the best interest of the
City if the applicant enters into a DA with the City and develops the property as outlined
in Exhibit B above.
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