Villas at Twelve Oaks East MDA, AZ H-2020-0014 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW ...
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Development Agreement(Inst.#2016-
095715)for the Associated Development to the West to Include the Subject Property and Proposed
Development Plan in the Agreement and Removal of the Provision Requiring an 8-Foot Tall
Concrete Fence to be Constructed,by Jim Jewett.
Case No(s).H-2020-0014
For the City Council Hearing Date of: August 4,2020 (Findings on August 18,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 4, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 4,2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 4, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 4,2020,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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has granted an order of denial 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.
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:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
_ 1 _
1. The applicant's request for a modification to the Development Agreement and Annexation is
hereby denied per the Findings in the Staff Report for the hearing date of August 4,2020,
D. 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.
E. Attached: Staff Report for the hearing date of August 4,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
-2-
By action of the City Council at its regular meeting held on the 18th day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
8-18-2020
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
Item#9.
EXHIBIT A
STAFF REPORT E � 1 ��,
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING August 4,2020 x '
Legend .01
DATE: Continued from:July 7, 2020 jPPci- t Lcofllon ---
TO: Mayor&City CouncilFROM: Sonya Allen,Associate Planner
208-884-5533 -
SUBJECT: H-2020-0014
Villas at Twelve Oaks East—MDA,AZ
LOCATION: 115 S. Linder Rd. in the NE 1/4 of Section
14,Township 3N.,Range 1 W.
�IF$rr 'r �lTTffPrr��`€i�
I. PROJECT DESCRIPTION
Annexation of 6.63 acres of land with a TN-R zoning district; and modification to the existing Development
Agreement(Inst. #2016-095715)for the associated development to the west to include the subject property
and proposed development plan in the agreement, and removal of the provision requiring an 8-foot tall
concrete fence to be constructed.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.59
Future Land Use Designation Commercial
Existing Land Use Single-family residential(SFR)and agricultural
Proposed Land Use(s) Multi-family residential(MFR)
Current Zoning RI in Ada County
Proposed Zoning TN-R(Traditional Neighborhood—Residential)
Lots(#and type;bldg/common) NA(property is not proposed to be subdivided)
Phasing plan(#of phases) 1
Number of Residential Units(type 64 multi-family apartment units
of units)
Density(gross&net) 13.94 gross/14.12 net
Open Space(acres,total[%]/ 1.59 of an acre(34.6%)
buffer/qualified)
Page 1
Item#9.
Amenities 10' wide multi-use pathway
Physical Features(waterways, The Ten Mile Creek runs along the southern boundary of this
hazards,flood plain,hillside) site
Neighborhood meeting date;#of October 17,2019;7 attendees
attendees:
History(previous approvals) AZ-05-056(Hark's Canyon Creek Subdivision DA Inst.
#106180812);MDA-13-008 (lsr Addendum to DA Inst.
113103818);H-2016-0100(21 Addendum to DA Inst.#2016-
095715)
B. Community Metrics
Description Details Page
Ada County
Highway District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing Linder Rd.is improved with 2/3-travel lanes,between 32-33'of pavement,and no curb,
Conditions gutter or sidewalk abutting this site.There is 55' of ROW for Linder Rd. (25' from
centerline).
• CIP/IFYWP Capital Imprwements Plan 10112)fiIntegrated Five Year Work glen(IFYWP);
Lnder Road is wrrenlly undar construaLi❑n to be widened to 54anes from Frarikiln road to
Pine Avenue.
Linder Road is listed in the-GI P to bo wide ned to 5-lanes}ram Frank.Ii n Rand to Overland Road
between 2031 and 2035. This rs to be a tohpt project mth ITT.
• The inter$ectinn of Franklin Road and Linder Road Is fisted in the CIP le be widened to 5-
lanes on the north leg, 64anes an the south, 74anes east, and 7-lanes an the wrest log, and
signallzed between 2021 and 2025.
Access(Arterial/Collectors/State One(1)25'wide driveway access is proposed via S.Linder
Hwy/Local)(Existing and Proposed) Rd.,an arterial street
Traffic Level of Service Acceptable(Better than"E")—Franklin&Linder Roads
Stub Street/Interconnectivity/Cross A cross-access easement exists to this site from the property to
Access the north.A driveway at the site's west boundary is proposed
to be extended through the site to Linder Rd.
Existing Road Network None
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements None
Page 2
Fire Service
• Distance to Fire Station 2.3 miles from Fire Stations#1
• Fire Response Time Falls within 5 minute response time
• Resource Reliability 75%for Fire Station#1;does not meet the target goal of 80%
or greater
• Risk Identification Risk factor of 2—current resources would not be adequate to
supply service to this project(see comments in Section VIILC)
• Accessibility Project meets all required access,road widths and turnarounds
• Special/resource needs An aerial device is required;the closest truck company is 4
minutes travel time(under ideal conditions)—Fire Dept. can
meet this need in the required timeframe.
• Water Supply Requires 1,500 gallons per minute for 2 hours;may be less if
building is fully sprinklered,which all are proposed to be
• Other Resources NA
Police Service
• Distance to Police 2.5 miles
Station
• Police Response 3:5 minutes
Time
• Calls for Service 577 within a mile of site(3/1/2019—2/29/2020)
• Accessibility No issues with the proposed access
• Specialty/resource No additional resources are required at this time;the PD already services the
needs area
• Crimes 67 within a mile of site(3/1/2020—2/29/2020)
• Crashes 26 within a mile of site(3/1/2020—2/29/2020)
West Ada School
District
1.Distance arm rm � es
IN-
(elem,ms, PerroneFJenwntwy 56Z 650
hs) Meridian Mld@Ie!khoal IM 12M ILA
2.Capacity of Nbaridan H4h Scher 1965 2400 .7
Schools
3.#of Students Due to the abu ndani p mpkinl of growth In the area.West Ada is acLbm ly building new scN.uols,and buuridipries are atways
Enrolled ehafong.These future students could pozeniimpw 4tutnd Plea53nt view Elementary,and Owyhee H,gh School.
4.#of students 51
predicted for
this
development
Wastewater
• Distance to Sewer Directly adjacent
Services
• Sewer Shed Ten Mile Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining 13.9
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
Page 3
• Impacts/Concerns Per the Sanitary Sewer Master Plan,this parcel is supposed to connect to sewer
on the property to the north and ultimately to W.Franklin Rd.The current
configuration has sewer going to the west.Under this configuration the sewage
is pumped through two lift stations.It is unknown if the lift stations can handle
the extra load.The City wants to avoid sending the waste to the west and
through the lift stations.Please direct sewage to the north as shown in the
master plan.
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 2
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water
Master Plan
• Impacts/Concerns None
C. Project Maps
Future Land Use Map Aerial Map
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Page 4
Item#9.
Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Jim Jewett—776 Riverside Dr., Ste. 204,Eagle,ID 83616
B. Owner:
Same as Applicant
C. Representative:
Josh Beach, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 5/15/2020 6/19/2020
Radius notification mailed to
property owners within 300 feet 5/13/2020 6/16/2020
Public hearing notice sign posted
5/20/2020 6/25/2020
on site
Nextdoor posting 5/13/2020 6/16/2020
Page 5
Item#9.
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE:
This property is designated Commercial on the Future Land Use Map in the Comprehensive Plan .
The Commercial designation will provide a full range of commercial uses to serve area residents and
visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,
as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some
cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity,
and amenities.
The proposed high density multi-family development will provide housing options in close proximity to
the rapidly developing Ten Mile area where employment uses are planned to develop. The proposed
project is an extension of the Villas at Twelve Oaks project to the west and will share amenities and
common open space. A segment of the City's multi-use pathway system is planned along the southern
boundary of the site adjacent to the Ten Mile Creek which will provide a pedestrian connection from
Linder Rd.to the west to the future employment uses in the Ten Mile area.
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):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed high density multi family apartment units will contribute to the variety of residential
categories in the City and in close proximity to the Ten Mile area as desired.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
Only one housing type (i.e. mutli family apartments) is proposed in this development which
contributes to the variety of housing types in this area. In the abutting Villas at Twelve Oaks project,
duplex style and 8-and 12 plex multi family apartments were approved.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family residential use and site design should be compatible with multi family
uses to the west, commercial uses to the north and single-family residential uses to the east across
Linder Rd.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are proposed to
be provided to and though this development in accord with current City plans.
Page 6
Item#9.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed development plan is consistent with the City's vision in terms that multi family
residential uses are proposed which are an allowed use in the Commercial FL UM designation.
Public services and infrastructure are proposed to be provided.
In summary, Staff believes the proposed development plan is generally consistent with the vision of the
Comprehensive Plan for this area.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The Applicant requests annexation of 6.63 acres of land with a TN-R(Traditional Neighborhood—
Residential)zoning district. A conceptual site plan and building elevations were submitted showing how
the property is planned to develop with 65 multi-family apartment units;this project is planned to be an
extension of the multi-family project(Villas at Twelve Oaks) in the development process on the adjacent
property to the west(see Section VIII.C,D).
Multi-family developments are listed as a prinicipal permitted use in the TN-R district per UDC Table
11-2D-2. All future development is subject to the dimensional standards listed in UDC Table 11-2D-6
for the TN-R zoning district. There is an existing home on the site that is proposed to be retained and
used as an additional rental/manager's unit.
The site plan depicts access to the proposed development via the extension of a driveway at the west
boundary of the site and via S. Linder Rd. A non-exclusive vehicular/pedestrian ingress-egress easement
(Inst. 113099953) exists to this site from the property to the north that is located approximately 145.3
feet from the west end of the concrete fence along the north boundary; there is an existing 8-foot tall
concrete wall constructed on the property line that prevents access between the properties. To facilitate
connectivity between the residential project and the abutting commercial development,the
Applicant should remove a small section of the wall(up to 24.5 feet in width as allowed by the
easement)to allow for a pedestrian connection to be provided as a provision of the amended
Development Agreement(DA).
Because this property is proposed to be included as part of the multi-family development to the
west,the overall common open space and site amenities should comply with the minimum
standards listed in UDC 11-3G-3 and 11-4-3-27. Staff has verified the overall common open space
and site amenities exceed the minimum UDC standards. To ensure common open space and site
amenities are shared between the two sites, Staff recommends a DA provision is included requiring
such.
The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the north
side of the Ten Mile Creek and along the west side of S. Linder Rd. The pathway along the creek is
planned to eventually provide a pedestrian connection between Linder and Ten Mile Roads. With the
original Twelve Oaks project to the west, a pedestrian bridge was required to be constructed across the
creek for a connection from the residential neighborhood(Whitestone Estate Subdivision)to the south to
the north to Franklin Rd. Because the Pathways Plan at that time didn't depict an east/west pathway
along the creek, a pathway was not required between the east and west boundaries. In order to facilitate
Page 7
Item#9.
an east/west pathway connection between Linder and Ten Mile Roads and the Ten Mile area, Staff
recommends a 10-foot wide pathway is constructed on the overall Twelve Oaks project in accord
with the Plan as a provision of the amended DA.
With development, a minimum 25-foot wide street buffer is required to be constructed along Linder Rd.,
landscaped per the standards listed in UDC 11-3B-7C. Typically,a detached sidewalk would be
required within the street buffer along Linder Rd.,an arterial street,per UDC 11-3A-17; however,
because a segment of the City's multi-use pathway is planned from the creek to the north,Staff
recommends a detached 10-foot wide concrete pathway is constructed in lieu of a sidewalk in this
location.The sidewalk south of the creek along Linder Rd. may be constructed in the future with
the bridge widening project; ACHD is requiring a road trust for those improvements.
Conceptual building elevations were submitted that are the same as those being constructed in the
original Villas at Twelve Oaks development;no changes are proposed to the elevations in the DA(see
Section VIII.D). All future structures are required to comply with the design standards listed in the
Architectural Standards Manual. Detailed review of the elevations for compliance with these standards
will take place with the Certificate of Zoning Compliance and Design Review application prior to
application for building permits.
Based on the analysis above in Section V, Staff is of the opinion the requested annexation with the TN-R
zoning and proposed development is consistent with the Commercial FLUM designation for this site and
uses desired in this area.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VIII.A. Additional land on the north side of the creek on the adjacent Villas at Twelve Oaks property to
the west that was inadvertently not included in the previous annexation boundary legal description is
included in the proposed annexation boundary to clean up the zoning in this area.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. Because a DA exists on the associated project to the west,the Applicant
proposes to amend that agreement to include the subject property rather than enter into a new agreement
just for this property(see analysis below). Staff recommends additional provisions are included in
the amended DA as mentioned above as a provision of annexation of this property.
B. DEVELOPMENT AGREEMENT MODIFICATION
A modification to the existing Development Agreement(Inst. #2016-095715)is proposed to include the
subject property and proposed overall conceptual development plan in the agreement, and removal of
the provision requiring an 8-foot tall concrete fence to be constructed(provision#6.1.9.). A legal
description for the overall property proposed to be included in the DA is attached in Section VIII.B.
The concrete fence/wall was previously required along the east boundary of the original Villas at Twelve
Oaks multi-family project to buffer the previous rural residential use on the property proposed to be
annexed with this application. Because the residential property is now owned by the same developer as
the adjacent project,a fence/wall is no longer needed as a buffer as the project is proposed to be
integrated as one development with shared common areas and amenities.
Staff is in favor of the proposed modification to the DA with the added provisions noted in Section VI.A.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation&Zoning and amendment to the Development
Agreement per the provisions in Section VIII in accord with the Findings in Section IX.
Page 8
Item#9.
B. The Meridian Planning&Zoning Commission heard this item on June 4,2020.At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative)
b. In opposition: None
c. Commenting: Chad Heron
d. Written testimony: Josh Beach,Applicant's Representative
L. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. The Applicant is in agreement with the staff report except for condition#B.1.2,which
requires sewer to connect to the north in accord with the Master Plan rather than to the
west as proposed- The Public Works Department has re-evaluated the applicant's
proposed sanitary sewer routing, as well as previous email correspondence with the
applicant on the topic of routing, and finds that the current proposal is acceptable.
Therefore, staffrecommends the following languageto replace that currently in
condition#B.1.2: "The applicant shall be responsible to determine whether adequate
capacity exists in the receiving sewer system, including two lift stations, to accept the
additional flow from this development. If upgrades are necessary, the applicant shall
be responsible for all costs associated with said upgrades."
b. Concern pertaining to traffic in regard to the amount of accesses via Linder Rd. in this
area combined with not enough access/interconnectivity in the adjacent development to
the south(Whitestone Estates)with only one way in and one wqy out.
3. Key issue(s)of discussion by Commission:
a. In favor of the proposed 2-stony(rather than 3-story) structures as they're more
compatible with adjacent residential and commercial structures,the inclusion of this site
in the adjacent development and common open space&site amenities proposed for the
overall development;parking in excess of UDC standards; and provision of a pedestrian
connection to the north.
4. Commission change(s)to Staff recommendation:
a. Modification to condition#B.1.2 in Section IX as requested by the Applicant with the
language recommended by Staff.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on July 7. and August 4,2020.
1. Summary of the City Council public hearing:
a. In favor: Jim Jewett,Applicant:Jeffrey Hall
b. In opposition: None
C. Commenting.None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application: Clint Dolsbv
2. Key issue(s)of public testimony:
a. Testimony from Jeffrey Hall that commercial really isn't a viable option for
development of this property.
3. Key issue(s)of discussion by City Council:
a. Clarification of condition#B.1.2 that the Public Work's Dept. should make the
determination if upgrades are necessary to the receiving sewer system based on the
Page 9
Item#9.
Applicant's fmdjngs (and Public Work's concurrence with their findings)on whether
adequate capacity exists in the system:
b. The retention of the existing home as a rental or manager's unit—preference for it to be
removed as it's not aesthetically consistent with the rest of the development and
replaced with common area with an amenity and/or padd=
c. Desire for commercial uses to be developed in whole on the property or along just the
frontage of Linder Rd. where the existing home is located.
d. City Council asked the Applicant to consider commercial uses on a portion of the
development and to come back to Council on Aug. 4"to discuss.
e. Question to Staff if qualified open space is proposed in accord with UDC standards for
overall development(anwer is yes).
f. Opinion that commercial/office development is a more appropriate use and transition in
this area especially with future construction of an overpass on Linder Rd. over I-84-not
in favor of the property developing with all multi-family residential uses as proposed.
4. City Council change(s)to Commission recommendation.
a. The City Council voted unanimously to deny the AZ application and consequently the
MDA application based on the opinion that it's not in the best interest of the City to
annex the property with the proposed multi-family residential development plan:their
opinion was that commercial/office uses are more appropriate to develop on this
property rather than more residential. Since the annexation was denied,the existing
home can remain.
Page 10
Item#9.
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
awtooth Land 5kirveymej, LL
466 2090 5.Wg5hinyton Ave. J 044 Warthweat 6F.•d_,Sta_6 14 J J"Avenue East
� Emmett, IQ 53G J 7 Caeur d'Alene,[0 838I 4 Jen e, la 83338
�
- r = P: (205)355-5104 P-{208}714-41&44 F.-(205)323-L303
arAl F:{208}358-8JOB F={208}252-4463 F: (205)324-382 J
March 4,2020
Annexation Legal Des[iption
BASIS OF BEARING for this description is South 89013'17-Fast between a 518"rebar marking the N1/4 corner
of Section 14 and a brass cap marking the section comer common to Sections 11, 12, 13 and 14, both in T 3 N.,
R. 1 W., B.M., Ada County, Idaho.
A parcel of land being a portion of Lot 6,Block 1 of Van Hees Subdivision as shown in Book 12 of Plats,at Page
683,Ada County Records and a portion of the Ten Mile Drain, located in the NE114 of the NE114 of Section 14,T.
3 N., R. 1 W., B.M.,Ada County, Idaho,more palticulariy described as follows:
COMMENCING at a 513"rebar tap marking the N1/4 corner of said Section 14;
Thence South 89013'17"East,coincident with the north line of the NE14 of the NE1f4 of said Section 14,a
distance of 1993.41 feet;
Thence South 0033'43"West coincident with the west line of Lot 1, Block 1, of said Van Hees Subdivision, 296.60
feet to the NW comer of said Lot 6,Block 1,of Van Hees Subdivision and the POINT OF BEGINNING;
Thence South 89113'17"East,coincident with the north line of said Lot 6,Block 1, of Van Hess Subdivision,
664.51 feet to the€enterli ne of S. Linder Road;
Thence South 0033'08"West,coincident with said centerline of S. Linder Road,233.15 feet;
Thence Nolth 89026'52"West 24.99 fleet;
Thence 37.45 feet along art of said curve and coincident with said south bank of the Ten Mile Drain, having
radius of 76.40 feet,a central angle of 28W59",subtended by a chord bearing,
South 89018'15"West, 37.07 feet;
Thence South 75015'46"West,coincident with the north line of Whitesto-ne Estates Subdivision,
624.62 feet to a 518'reba r PLS 972;
Thence South 75007'43"West,coincident with said north line of Whitesbene Estte's Subdivision,
689.45 feel;;
Thence Nolth 0033`43"East, 124.41 feet;
Thence Nolth 75007'43"East,689.45 feet;
Thence Nolth 0033'43"East,276.83 feet to the POINT OF BEGINING;
The above described parcel contains 6.63 acres,more or less.
P a g e I I P:12019119393-TWELVE OAKS EXPANS10%SurvWDrawings0escriptions%l9393 annexation legal REV
1.docx
Page 11
Item#9.
USI5 OF BEARINGCPP2Q1d-�Ik3�4
100 5Fr—14 5S'rA3'1 664,477f57,89' 11 ,32
14
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LEGEND
PROPERTY&UWMR"YLAE
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Page 12
Item#9.
B. Legal Description&Exhibit Map for Property to be Included in Amended Development Agreement
awto th LaM 5urveyint3, LL
2030 S, Wsshmg?pn A— 1114,1 fSr htFx k E?1vd„ C.Ste. 14 I I�A,snue East
Pmmokt, 1P M 17 Cue'rr,1'Aeno,111W8,4 lffo rm' 11)8333$
11: (208)39$5$J 04 F: (205)714-4544 F: 120815P? )-5303
F; i2G%3.�a'a kO5 F- i24 8)29?.-4453 F; t2Oi.1}324.352 1
March 12, 2020
Devefapment Legal Descdptjon
BASIS OF REARI11Oa for dii5 desoripaw is South 8901XI7"East between an alum;rrum cap marking the N114 corner
of Section 34 and a brass Cap marking the section comer cornmon to-Sections 11, 12, 13 and 14,fOcated In
T. 3 N., R- 1 W., B,M-r Ada County,Idahm
A parDd of lafld being Lots 1 and 2, Black 1 of Twelve GL2kS&LtdiwlSion as shown in Back I IM of flats, at Page 15179
and a portion of Lot 6,B1Od( I of Van Heel 5ubc5ulsion as shown In Book 12 of Rats,at Page 688,Ada County Records
and a portion of the Ten Mile DraJn,twated irk the NE114 of the NEI)4 of Seddon 14r T, 3 N,,
R. 1 W-1 6,M.r Ada County, Xdaho, rnore partiEdarly described as follows;
COMMENCING at an alumlruurn cap marking the N114 corner of said Section 14;
Pienkce South B9°13'17"East, colncudent vrlth the north line of sad NEI14 Of Sed'am 14, a distance of 1328,94 fee#; to
E 1)16 comer of Said Section 14;
Therm South 0034'42"West, 49.00 feet to ttk2 NVV corner of said Lot 2, Block t, Twelve Oaks Violas Subdivision and
the POINT CW 8B a1`>rtWINf3;
Thence SOLIth 890I3'17'East, ooincident with the north line Of said Lot 1 and 2 of Block L Twelve Oaks 50divl5ion,a
distance of SM,16 fleet
Thence North 8903B'7{Y'East, 10&33 feet t4 a SM"tebar PLS 5802 marking the Northeast turner of Bald 4Ct 1,illock 1,
Twelve Oaks SubdlyREion,
Thence South 0 33410 west,tolncident with the east fine of said Lot 1, Block 1,Twelve Oaks SubdIvi5lon,a dWnm of
25(1:,17 feet to a 5)8"rebar PLS 14221;
Theme South 89°13'17'Fast, coincident with the north line of Lot b,Van FIm Subdivision, 639.51 feet to a W reher
PLS 14221,
Tlwce South 0°33'08'West, M.25 Boat to the South right of way of Ten We Drain and the begInni ng of a nori-
tangent Curve to the left,
Thence 37,95 feet along a rc of Bald cow,00irlddent with 5ald south right of way of Tern Mile Drain, having radius of
75.40 feet,a central angle of 28 I24 59", gubtfryded by a chard bea ring South 890 18'15"Want, 37.07 feet;
Thence South 7501514V West, coincident with saW south right of way of
Tan Mlle Drain,624.62 feet to a 5/8'reber PIS 972-F
� h
Thence North O03315*EeSG feet toil fe to-a 518"raybar pL5 14221; 'C E
Thence South 15007'43"West:,coinckfent with Bald 5vuth right of way of
Ten Mile drake, 689,45 facet 0
Thence North 0034'18"Bast, 710.64 feet to the POINT OF$8GI4NIFfG,
OF
Gt ,
The above described parcel Wntain5 14.019 acres, «can=or less, ' Po
I I P:L2019%19393•TINELVF-OAKS E PANSON)Survey%Drewings%Doscriplapna119393 0eve4aprnent legiel.docx
Page 13
Item#9.
a45S OF SIR W
........................,_.;-..__,-.,............—.........594"t3lT f 2657.86
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aFer' E1W(4�RfpE QPL54: 200 5, WASHINGTON AVE.
TWELVE OAS EMMETT,L9 0617 2 9393-
DEVELOPMENT AGREEMENT OPEN DOOR RENTALS TLC P.( 3M-8104 PRR]E�T*
SQlA n4RY E]�WBlT P ( 8)399-8105 19M
Page 14
Item#9.
C. Overall Conceptual Site Plan to be Included in Amended Development Agreement(dated: 11/25/19)
.:h• = �j ^
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Page 15
Item#9.
D. Conceptual Building Elevations &Floor Plans(dated: 5/6/16)
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Page 16
Item#9.
CONCEFT"L OEVlOM QM%ft' i4a MAN
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Page 17
Item#9.
_ CONCEPTUAL IJEYIGN DRAWINGS 5.6.16
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FRONT ELEVATION(DUPLEX❑I,114,&D7)
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2REAR ELEVATION(DUPLEX 01,04.&D7)
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Page 18
Item#9.
CONCEPTUAL DESIGN DRAWINGS 5.6.16
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FROHT ELEVATION(DkJFLE%O3,06&391
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Page 19
Page 113
Item#9.
CGNCEPTUAL DESIGN DRAWINGS 5.6.10
FH'
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Y
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'FRONT ELEVATION
_
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3REAR ELEVATION
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Page 20
Page 114
Item#9.
CPNCU"UAL aESOM DRAMAWN 54,76
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1 SIDE ELEVATFGN 0
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All 1
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3FAONT ELEVATICN
1
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Page 21
Page 115
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REAR ELEVATION �m m..wrsert
Page 23
Item#9.
E. Proposed Amendments to Existing Development Agreement
Sta,if's recommended amendments are noted in underline text.
6.1.9 An 8 feet tall eener-ete fenee is r-eqttir-ed to be eenstfueted along the east boundafy of th
adjaeepA to the Ream pr-epeft-y(Par-eel No. R8956000200)to mateh the existing fenee along the
6.1.9 A pedestrian connection shall be provided between the Villas at Twelve Oaks East property and
the commercial property to the north(i.e.Van Hees Subdivision) as facilitated by the previously
recorded access easement in the location and width specified in the easement(Inst.
#1130999531
6.1.10 A 10-foot wide multi-use pathway shall be constructed along the north side of the Ten Mile
Creek and a detached 10-foot wide multi-use pathway shall be constructed along the west side of
S. Linder Rd. in accord with the Pathways Master Plan prior to issuance of the first Certificate of
Occupancy within the Villas at Twelve Oaks East portion of the development.
6.1.11 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathways on the site prior to issuance of the first Certificate of Occupancy within the
Villas at Twelve Oaks East portion of the development.
6.1.12 The common open space and site amenities shall be shared between the Villas at Twelve Oaks
and the Villas at Twelve Oaks East developments.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
r-eeen*nended by Staff as a provision of mnexa4iea of this property, shall be signed by the pr-ope
ev,,%ef and r-etufned to the Plafming Division within six(6)months of the City Couneil granting the
a4 r
B. PUBLIC WORKS
i.i A stwet light plan will need to be ifielidded in tke final pla4 or-bOildifig peFfflit appkmieff. Stfeet
i.2 Per-the Sanitary Sewer-Master-Plan,this par-eel is supposed tO eOlifleet tE) sewer-On the pfapel4y
to the nofth and ultimm4y to W. Fr-a-flklia Rd. The ouffeat eenfigwatian has sewer-going 4)the
west.Under-this eenfigur-ation the sp. ed dffeugh two lift stations. 14 is tinknown i
the lift stations ean handle the &AFa4 —, wants to a-void sending the waste to the west
and thfough the lift stcAieas. Please dir-eet sewage to the aet4h as shown in the fnaster-plan. Th-e
.1;.an4 shall ber-eqpeasible to deto,.. ifie whether-ade . e eapaeity exists i the
sewer-system, ineludine two lift sta4ions,to aeeevt the additional flow from this development.
P„bl; W Fks 1 11 the A ppl;,,a t' 1 F + t.nee f the
zrvric-vrvrnTvnscnTcvzcw cri���acccrr�sims�rysinvrcvnccaiciiC�ivrcv-uccc�cc�ncc-vrcrn.
appheant shall be r-espeasible for-all eests asseeia4ed with said
Page 24
Page 118
Item#9.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Publie W
and execute standard forms of easements for any mains that are required to pfevide
ffom top of pipe to s4 gt:ade is less tha-a three feet than altemate materials shall be used i
conformanee of City of Mer-idian Publie Wofks Departments Standard Specifications.
2.2 Pef Meridian City Gode(MCG),the applieant shall be responsible to install sewer-and water-
mains to and thfough this development. Applieant may be eligible for-a r-eimbur-sefRent
2.3 The applieant shall pr-ovide easement(s) for-all public water4sewer-mains ou4side of publie right
of way(ineltide all wa4er-sen,iees and hydr-an4s). The easement widths shall be 20 feet wide fo
a single tAility, or-30 feet wide for-two. The easements shall not be dedieatedvia the plat,but
rather-dedieated otAside the plat pr-oeess using the City of Meridian's standard forms. T
easement(on the fofm available ffem Pttblie Works),a legal deser-iption prepared by an 1
bieensed Professional Land Surveyor-,w-hieh must inelude the area of the easemepA(marked
Em41RTT A) and a 41/2"x '�with bear-in5tane0s (marked EX141BIT B4-fof
eonneetion to the relulll�--.-afy w'4er-system shall be r-e"ir-ed. if a single point eonneetion is review. Both exhibits mttst be sealed, signed and dated by a Pfafessional hand StRweyor,
NOT RECORD. Add a note to the plat r-efer-eneing this doeument. All easements mus
submitted,reviewed, and appr-oved pr-iE)r-to development plan appr-E),val.
or-well water for-the p * e. if a suffaee or-well sE)ufee is not available, a single point
,
the developer-will be responsible for-the payment of assesstneffts for-the eoffifflon areas prior-to
prior-to reeeiving development plan appfoval.
2.5 All existing stFuetffes that ai-7e required to be removed shall be prior-to signatufe on the final plat
by the Gity Engineer, Any str-uetur-es that are allowed to r-emain shall be sublieet to evaltia
a-ad possible reassignment of street addressing to be in eomplianee with N4(;C.
> > laterals, > fal > ,
or-laying adjaeent a-ad eonliguous to the area being subdivided shall be addr-essed-pef
and any othef:applieable law of:f:egulation.
2.7 Any existing domestie well system within this pr-ojeet shall be r-emoved ffofn domestie serviee
2.8 Any existing septie systems within this pr-oj eet shall be removed ffom sei=viee per-City
2.9 Stfeet signs are to be in ll
> ,
shall be r-eeor-ded,pr-iof to applying for-building pefmits.
road base approved by the Ada Cou*ty 14iglp",DistFiet a-ad the Final Plat for-this subdi will be required for-all tineompleted
€eneing, !a-adseaping, amenities, ete.,prior-to s}gnatffe on the final
Page 25
Page 119
Item#9.
2.11 All impr-ovements related to publie life, safety and health shall be eampleted pr-iof to oeeupaney
stifety for-stteh improvements in or-de. to Engineer-s gnattir-e on the final plat as
fbi4h in UPG11 3$
inspection fees, as deter-mined during the plan r-eview pr-ocessTpr-ior-to the issuance of a p!
appr-oval letter,
the Ameficans with Disabilities Aet and the Fair Housing Act.
2.14 Applicant shall be fesponsible for-application and complianee with any Section 404 Permitting
2.15 Developer-shall coordinate mailbox locations with the Teo-;,1ia Post 0 0
2.16 All gfading of the site shall be per-fonned in senfofmanee with MCC 11
2.47 compaetion test Festilts shall be Submitted to the Meridian Bttildifig Depai4ment fof:all bttilding
pads 0 «e aekf:ll , ,he fe footing would sit atop fill m er- 1 0 0 1-
minimum of 3 feet above the highest established peak gr-oundvvater-elevation. This is to enstife
tha4 the bottom elevation of the erwwl spaees of homes is at least 1 foot abo
2.19 The applieants de shall be responsible for-inspeetion of all ifrigation and/of
drainage J i i this pfoject that do not fall under-the jlult�sdieetioon off An-iffigation dis
of AG14D. The design engineer-shall provide eet4if4eation that the faeilitieS JjM,e been ifstalleA
in aeeor-dafiee with the appfoved design plans. This eet4if4eation will be FeEIttifed befoFe a-
oeftifioate of oecupaney is issued for-any stfuctures within the
2.21 A street light plan will need to be ineluded in the eivil eonstnietion plans. Street light p-
2.22 The City of Meridian r-eqttifes that the o�,N,ner post to the City a per-for-manee stffety in the amount
of 2.18 The design engineer-shall be fequifed to eeftify that the street oefiter-lifie elevations af e set-a
the owner-to the City. The sttfety ea-m be posted in the form of an ifr-evoeable letter-of er-edit, eash
deposit of bond. App1jeant must file an applieation for-sur-ety,whieh ean be found on the
Gowmmnity Develop — nt website. Please eontaet Land Development SoR,io
2.23 The City of Meridian requires that the o3wnef post to the City a waffanty stirety in the amottat o
pr-iE)r-to fifial plat signatur-e. This sur-oty will be ver-ified by a lifie item oost estimate pr-ovided-by
dur-ation of two years. This stwety will be ver-ified by a line item eost estimate pr-ovided by t
Page 26
Page 120
Item#9.
QL'mr,TLn A nTTirL r
l�
4V r i v49eeV4e - ?id 186408 bid O&r —Air,,,.;or�ea;
H. DEPARTMENT OF,ENIRRONMENTAI QUALITY(DEQ)
irate r i zD ev;,,,.. ?id— 487 89 hid—n&, —n,r,,,;a;
,., 44ve i v, .;a;,nei or�elW-ebLiHk,49eeV4eif,.as-ox?id---488453&d id—Mi —n,r,,,;a;
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required 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:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex the subject 6.63 acre property with TN-R
zoning and develop multi family apartment dwellings on the site at a gross density of 13.9 units per
acre is not consistent with the associated Commercial FLUM designation for this property. (See
section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to the TN-R district and multi family
development although consistent with the purpose statement of the district, is not consistent with
their vision for commercial development for this property in accord with the Commercial FL UM
designation.
Page 27
Page 121
Item#9.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment would not be detrimental to the public health,
safety and welfare; however,finds the proposed map amendment and development is not
appropriate for this site.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
The City Council finds the proposed map amendment would not result in an adverse impact on the
deliver of services.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is not in the best interest of the City with the
proposed multi family development plan. The City Council finds commercial/office development of
this property would be more appropriate and consistent with the Comprehensive Plan FL UM
designation of Commercial.
Page 28
Page 122