Apex Northwest H-2020-0056 Findings Item#5.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW #...
AND DECISION& ORDER ,
In the Matter of the Request for a Modification to the Existing Development Agreements(H-2015-
0019: Brighton Investments,LLC—Inst.#2016-007072; SCS Brighton,LLC—Inst.#2016-007073;
Murgoitio Limited Partnership—Inst.#2016-007074)to Replace the Agreements with One New
Agreement Based on the Proposed Development Plan; Rezone of 384.97 acres of Land from the R-4
to the R-8(144.78+ 119.28=264.06 acres),R-15(76.93 acres) and C-C (43.28 acres)Zoning
Districts; Preliminary Plat Consisting of 120 Residential Buildable Lots, 11 Commercial Buildable
Lots and 14 Common Lots on 41.75 Acres of Land in the C-C and R-15 Zoning Districts; and
Preliminary Plat Consisting of 237 Residential Buildable Lots,2 Commercial Buildable Lots,30
Common Lots and 10 Other(Shared Driveway)Lots on 81.63 Acres of Land in the C-C and R-8
Zoning Districts,by Brighton,Murgoitio, et al.
Case No(s).H-2020-0066;H-2020-0056; H-2020-0057
For the City Council Hearing Date of: August 11,2020 (Findings on August 25,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 11, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 11,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 11,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 11, 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § l l-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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
- I Page 167
Item#5.
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 11,2020, 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 § I I-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 a modification to the existing Development Agreements,Rezone
and Preliminary Plats is hereby approved per the provisions in the Staff Report for the hearing
date of August 11,2020, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
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 67-651 IA. 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
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Page 168
Item#5.
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 August 11,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
-3 Page 169
Item#5.
By action of the City Council at its regular meeting held on the 25th 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.
By: Dated: 8-25-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
-4 Page 170
Item#5.
EXHIBIT A
STAFF REPORTC�WE
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/11/2020 legend 0
Project Lacfl�ian �
TO: Mayor&City Council I f
-- .i
FROM: Sonya Allen,Associate Planner f
208-884-5533 - -- --
Y - F
SUBJECT: H-2020-0066 Apex—MDA,A?RZ ;
H-2020-0056 Apex Northwest—PP - -
H-2020-0057 Apex Southeast—PP IF
- _
5
(to be marketed as "Pinnacle') - C
LOCATION: MDA,A7,,RZ: generally located east of N_a
S. Meridian Rd. and north of E. k
Columbia Rd., in Sections 31 (S. '/2 and --- ,
NW '/4) and 32 (SW'/4),Township 3N., _
Range LE; and Sections 5 (NW %4) and 6
(NE '/4), T.2N.,R.1 E.
PP(NW):NWC of S. Locust Grove Rd.
&E. Lake Hazel Rd., in the SE '/4 of
Section 31,T.3N., R.IE
PP(SE): SEC of S. Locust Grove Rd. &
E. Lake Hazel Rd., in the NW '/4 of
Section 5,T.2N.,R.1E.
I. PROJECT DESCRIPTION
Modification to existing Development Agreements(H-2015-0019: Brighton Investments, LLC—Inst. #2016-
007072; SCS Brighton,LLC—Inst. #2016-007073; Murgoitio Limited Partnership—Inst. #2016-007074)to
replace the agreements with one new agreement based on the proposed development plan; ^rrexatio of nn nn
and,Rezone of 384.97 acres of land from the R-4 to the R 2 (0.79
aefe}R-8 (144.78+ 119.28=264.06 acres),R-15 (76.93 acres) and C-C(43.28 acres)zoning districts.
Apex Northwest(NW): Preliminary Plat consisting of 120 residential buildable lots, 11 commercial buildable
lots and 14 common lots on 41.75 acres of land in the C-C and R-15 zoning districts.
Apex Southeast(SE): Preliminary Plat consisting of 237 residential buildable lots,2 commercial buildable lots,
30 common lots and 10 other(shared driveway)lots on 81.63 acres of land in the C-C and R-8 zoning districts.
Because right-of-way for E. Lake Hazel Rd. and S. Locust Grove Rd. separates the land proposed to be platted,
two separate preliminary plat applications are required to subdivide the property.
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Item#5.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage ^�."�r384.97(RZ);41.75 (PP-Northwest); 81.63 (PP-Southeast)
Existing/Proposed Zoning RUT in Ada County(existing);R-4(Medium Low-Density Residential)
Future Land Use Designation Low ensity Residential[LDR(3-or-fewer units/aere) 34aeres);
Medium Density Residential(MDR—3 to 8 units/acre)(206/-acres);
Medium High-Density Residential(21+/-acres); &Mixed Use—
Community(MU-C)(120+/-acres)
Existing Land Use(s) Agricultural
Proposed Land Use(s) Single-family residential(SFR)attached/detached,commercial,office,2
schools(elementary&charter)
Lots(#and type;bldg./common) NW: 120 residential buildable/II commercial buildable/14 common
SE:237 residential buildable/2 commercial buildable/30 common/10 other
NW&SE Combined: 357 SFR residential buildable; 13 commercial
buildable;44 common lots;and 10 other lots for shared driveways
Phasing Plan(#of phases) 3 (NW); 5 (SE)
Number of Residential Units(type NW: 120 units(88 detached/32 attached)
of units) SE:237 units(detached)
NW&SE Combined: 325 detached&88 attached
Density(gross&net) NW: 5.62 units/acre(gross); 11.21 units/acre(net)
SE: 3.75 units/acre(gross);6.17 units/acre(net)
NW&SE(overall):4.22 units/acre(gross);7.27 units/acre(net)
Open Space(acres,total NW: 6.33 acres(15.17%)
[%]/buffer/qualified) SE: 10.79 acres(13.22%)
NW&SE Combined: 17.12 acres(or 13.88%)
Amenities NW: Community center with a clubhouse,community post office,cafe,
library/business center;community amphitheater;additional common open
space above the minimum required.
SE: Community swimming pool,tot lot with play equipment,pathway
access to the City's Discovery Park,additional common open space above
the minimum required.
Physical Features(waterways, The Farr Lateral runs along the north and east boundaries of this site;the
hazards,flood plain,hillside) McBirney Lateral crosses the site east/west;and another waterway runs
north/south through the site.
Neighborhood meeting date;#of 2/5/20;29 attendees W
attendees:
History(previous approvals) ROS#7394;ROS#7783;H-2015-0019—South Meridian AZ(DA's:
Brighton Investments,LLC—Inst.#2016-007072; SCS Brighton,LLC—
Inst.#2016-007073;and Murgoitio Limited Partnership—Inst.#2016-
007074)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes(PP,draft);Yes(AZ,RZ)
• Requires ACHD Yes(TBD)
Commission Action
(yes/no)
Traffic Impact Study(yes/no) Yes
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Item#5.
Description Details I Page
Access NW:2 accesses via S.Locust Grove Rd. &2 accesses via E. Lake Hazel Rd.,both
(Arterial/Collectors/State existing arterial streets;and 2 collector streets are proposed
Hwy/Local)(Existing and SE: 2 accesses via E.Lake Hazel Rd. &3 accesses via S.Locust Grove Rd.,both
Proposed) existing arterial streets; and 3 collector streets are proposed
Traffic Level of Service Better than"D"(Acceptable level of service is"E")—Lake Hazel,Locust Grove
&Amity Roads
Stub Two stub streets are proposed to this site from Prevail Subdivision near the
Street/Interconnectivity/Cross northwest corner of the rezone area;no other stub streets exist to this site.
Access Stub streets are proposed to adjacent properties for interconnectivity as shown on
the preliminary plats.
Existing Road Network There are no existing streets within the site,only S.Meridian Rd./SH-69,E.Lake
Hazel Rd.and S.Locust Grove Rd.adjacent to the site
Existing Arterial Sidewalks/ There are no existing sidewalks or buffers along Meridian Rd./SH-69,Lake Hazel,
Buffers or Locust Grove Roads.
Proposed Road Capital Improvements Plan{CIP}t Irriegrated Five Year Wark Plan JIFYWP):
Improvements ■ Vd9lb RUA 15�rNALlgd Ift the IFYINP io be Wid�M 4 la 5-hWos fllotn Lake Ha,!Et RoAd td
A nn ty Road to 2023
* Eagle Road G sanamw 1n me IFYWP m be wp]9nw to 5-Panes tram Amp Roeu to vwioiry
Road In 2021
+ Laka Haza tined is sl fi dulod Hi Ina[l'NOF 10 bo WMenad kb 5-1arres fmrli 1=iJgla Road to
Ckwerdelle Road iR 2024
+ Leka Naze;Road is schad+dl9d in me iFYWP to be wrdemed to 5-mws from Cloveadsle Road
to Five btde Road
+ Tw inlnrseu mn or Lake Ha291 Rood and Pa* RW rs sclwdulad e1 th9 IF'(WPv to M
widened 1a 5-lipnes Qn the ngr4h lag,4aenes on ffu�sand+aeg,3-lone5 on the+Mast leg end 3-
lano�s on the east leg and signohzed in 2023
+ T>v inkwEK tivn 0 lovusi Grrnye Rid end 1 KImy Road is wchedul in the 1FYVJP to be�
constructed as a muiilane touinmb uR voth 4-lanes on me narth ornd south legs and 24anes
on the east and west kegs in 201 1
* Labe Plarzel Road qs bstud 1n me CPR to be w w1oned to 3-1:anes ham Locust Grove Road to
Eagle Road berween 2026 and.Z63t1
Lake Hzxzel Road Is listed lit the C IP io be widened to 3-;anes from hl ndlan Road ISH-W to
L4cusl Grave Road balwemn 2026 arrel 2030.
A fnity Road is Wed in the CIP to tre widened to 5-vnes tram Locus)Grove#toed to Eagle
Reed berween nNi ghd 233t}
The Intwsec6on of Lake Hazel Road and Lxmt Orove Rood n listed to the CIP to Ge
r-sconstiluctad as a single larte roundaboul widened to 34arres on toe MOP]leg,2•Pi9 05 Lin the
south,2-Torres ees[,and 3-ianes on the wart lQg w1117 a msiwi-md bypass tight turn bypass
lane between 20W and 2Q311
+ The inimeoiw of Lake Hazel Raerd and SHE is listed en the CIP to be widened 90 7aenes
on the north,saulh,west and ems)legs end signaized between ME and 20313
• The utt9r5ecfi4n of List GFaya F60ed end Amgyr Rued is I15ted ir}the CIR to wiAeRetf to 4-
hanes an 1ha north leg,3-tines on the south lag,5�Ianos on the west leg and 9-4anss on the
east leg and signalized between 2GX and HMO
Additional right-of-way is required to be dedicated for the future expansion of
Lake Hazel&Locust Grove Roads with pavement widened to 17' from centerline
Fire Service
• Distance to Fire Station NW—3.3 miles to Fire Station 94
SE—3.1 miles to Fire Station#4
• Fire Response Time NW&SE-only a small portion falls within 5 minute response time goal
• Resource Reliability NW&SE-78%-does not meet target goal of 80%or greater
• Risk Identification NW&SE— 1 and 4,current resources would not be adequate to supply service to
this project
• Accessibility NW&SE-Project meets all required access,road widths and turnarounds if
phasing plan is followed
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Item#5.
Description Details Page
• Special/resource needs NW&SE-Project will require an aerial device;response time is 9 minutes travel
time(under ideal conditions)—can meet this need in the required timeframe if
needed
• Water Supply NW&SE-Requires 1,500 gallons per minute for 2 hours,may be less if
buildings are fully sprinklered
• Other Resources
Police Service
• Distance to Police 4.5 miles
Station
• Police Response Time Average response time in the City is just under 4 minutes—there isn't enough
public initiated call data to determine an average response time for this area(goal
is 3-5 minutes)
• Calls for Service 71 (within a mile of site between 3/15/2019-3/14/2020)
• Accessibility No concerns
• Specialty/resource needs No additional resources are required at this time.
• Crimes 10(within a mile of site between 3/15/2019-3/14/2020)
• Crashes 38(within a mile of site between 3/15/2019-3/14/2020)
• Other The MPD can provide service if this development is approved as they already
serve this area.
West Ada School District
• Distance(elem,ms,hs)
• Capacity of Schools Enr611m nt dr Miles
&b v+awu
• #of Students Enrolled Marys'MCPherioA Elememvy.. s5s 550 2h
SlemElemeMary" 677 301) 3.1
vlewrw mWdle school 959 ]QW 4.2
mwntain vkwMilh khmi U19 zM9 34
—thdrin2 the 2N21 PChgvl ye4ar Mpry McPhergon's Student uPidtq will mcrcw%6 675r due 16 9hr mn cmi 0255r4"M
expansion underway.**
—Enrollrmnt at HrFIsddk E'emnentary h c-armiry upped.I;Ments In this dere{aprnent thal are In the HIWAam Mwldefy
will he wrtanding Siena Fhtment■r}'una1 eieArstI166i Is h„1h t8 eiimineteauertrawE:ng all.HIWAaJe.*`*
• #of Students Anticipated 286
from this Development
Wastewater
• Distance to Sewer Directly adjacent
Services
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining 13.95
Balance
• Project Consistent with Yes
WW Master
Plan/Facility Plan
• Impacts/Concerns Flow has been committed
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 5
• Estimated Project Water See application
ERU's
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Item#5.
• Water Quality None
• Project Consistent with Yes ■
Water Master Plan
• Impacts/Concerns Public Worles preference is to see all water utilities in the public right-of-way
(ROW),where they can easily be operated and maintained.If the utilities truly
cannot be installed in the public right-of-way,then our preference would be for
utilities to be located in a dedicated and improved alley. If that cannot be
accomplished,the applicant should work with Public Works for further solutions
C. Project Area Maps
Future Land Use Map Aerial Map
Legend iul 0 Legend
Pra t Laoulkm i fibI ProjEHat LmafiDn
y
mu-C
"AU`R
J
�hed-I ig vnr' _
Resid nfial
Zoning Map Planned Development Map
Legend R T 10 Legend 0
Prajent Luc n=an Prcject Lnca5an
Ku r R R- , city Llmik
I-L Rl RUJT — Planned Flumes
RU
R-8 UT
-R- R- U. --
RUT R-8-
14T
R4 _
R R-2 -
_ t
TA—
RUT RUT
RUT
C� ---
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Item#5.
III. APPLICANT INFORMATION
A. Applicant:
Brighton,Murgoitio,et al—2929 W.Navigator#400,Meridian,ID 83642
B. Owner:
Same as Applicant
C. Representative:
Michael D. Wardle,Brighton Corporation—2929 W.Navigator#400,Meridian,ID 83642
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
6/19/2020 7/24/2020
newspaper
Notification mailed to property
owners within 300 feet 6/16/2020 7/21/2020
Applicant posted public hearing
notice on site 6/26/2020 7/29/2020
Nextdoor posting 6/16/2020 7/21/2020
V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates
approximately 39 aer-es of the site as I e w Density Residential it DRR ,206+/-acres as Medium Density
Residential(MDR); 21+/-acres as Medium High-Density Residential(MHDR); and 120+/-acres as Mixed
Use—Community(MU-C). A future school site and City Park is designated in the general area northwest of
the Locust Grove/Lake Hazel intersection,north of the MU-C designated area. Another school site is
designated on the east side of N. Locust Grove Rd.,north of Lake Hazel Rd.,just north of the subject rezone
area.
The LPR designa4ion allows feF the development of single family homes oft large a-ad estate lots at gross
densities of 3 dwelling units or-less per-aer-e. These areas eften transition between existing rufal r-esidefi4ial and
urban properties. Developments need to r-espeet agr-ieultufal heritage and r-eseufees,r-eeegaize view sheds and
open spaees, a-ad maintain or-improve the over-all atmosphere of the area. The use of open > ,
and other-. iate means shetil d o„h.nee the,.,.,,.actor of the area.
The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre.
The MHDR designation allows for a mix of dwelling types including townhouses,condominiums, and
apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are
relatively compact within the context of larger neighborhoods and are typically located around or near mixed
use commercial or employment areas to provide convenient access to services and jobs for residents.
Developments need to incorporate high quality architectural design and materials and thoughtful site design to
ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways,
attractive landscaping and a project identity.
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,
and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas
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Item#5.
have a tendency to be larger than in Mixed Use—Neighborhood(MU-N) areas,but not as large as in Mixed
Use—Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that people will
mainly travel by car to,but also walk or bike to(up to 3 or 4 miles). Employment opportunities for those living
in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan(see pg. 3-16). In reviewing
development applications,the items noted on Pgs. 3-13, 3-15 and 3-16 will be considered(see analysis below).
Transportation: ACHD's Master Street Map (MSM)depicts an east/west residential collector street at the
half mile between Amity and Lake Hazel Roads; a north/south industrial collector at the half mile between
Meridian and Locust Grove Roads north of the half mile between Amity and Lake Hazel Roads,which
transitions to a residential collector to the south to Lake Hazel Rd.; a commercial collector around the MU-C
designated area at the Locust Grove/Lake Hazel intersection(see dashed lines on map below), and a residential
collector along the southern boundary of Apex Southeast.A dual lane roundabout is planned at the Locust
Grove/Lake Hazel Rd. intersection.Note:Because a residential collector seems to be more appropriate than
an industrial collector street designation in this area,ACHD has included a change to the street classification
in the MSM update currently in process.
The proposed preliminary plats depict collector streets consistent with the MSM(i.e. E. Crescendo St. & S.
Apex Ave. in Apex Northwest; and E. Tower St., S.Vertex Way and E.Via Roberto St. in Apex Southeast).
The proposed Master Plan included in Section VIII.A, depicts conceptual street locations in the
annexation/rezone area; future preliminary plats should provide collector streets in accord with the MSM
as required by ACHD.
ti
�- r
IF 41 -P W-11' J
Proposed Development: The Applicant proposes to develop the 41.75 acre property at the northwest corner of
Locust Grove and Lake Hazel Roads in the MDR&MU-C designated areas with 120 single-family residential
units consisting of 32 attached units and 88 detached units, a future public elementary school, and
neighborhood-scale commercial uses as allowed in the C-C zoning district. The 81.63 acre property located at
the southeast corner of Locust Grove and Lake Hazel Roads in the MDR and MU-C designated areas is
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Item#5.
proposed to develop with 237 single-family residential detached units,a charter school, and commercial uses
as allowed in the C-C zoning district.
A City Park is not required to be provided with this development due to the proximity of Discovery Park at the
project's southeast boundary; however,the Park's Dept.would be willing to discuss the potential for a
partnership if desired by the Applicant.
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
A mix of single family attached and detached units(alley-loaded)are proposed in Apex Northwest; only
single-family detached units (front and alley-loaded) are proposed in Apex Southeast.
• "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)
A mix of single family attached and detached units (alley-loaded) are proposed in Apex Northwest;
only single-family detached units (front-and alley-loaded) are proposed in Apex Southeast.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed residential uses should be compatible with existing rural residential/agricultural uses in
the area. The proposed design of the commercial and residential areas with streets separating the uses
should minimize conflicts.
• "With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open
space with quality amenities." (2.02.01A)
Internal pedestrian pathways are proposed through common areas for interconnectivity as well as to
the City Park on the east side of Apex Southeast and to perimeter sidewalks. Segments of the City's
multi-use pathway system are required in accord with the Pathways Master Plan (see Park's Dept.
comments in Section IX.E).Detached sidewalks are proposed along the arterial and collector streets
for safe pedestrian access. Usable open space and quality amenities are proposed(see detailed analysis
below in Section VIB).
• "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 required to be
provided to and though this development in accord with current City plans.
• "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 is required to be provided with
development as proposed with the preliminary plats.
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• "Encourage the development of high quality, dense residential and mixed use areas near in and around
Downtown,near employment, large shopping centers,public open spaces and parks, and along major
transportation corridors, as shown on the Future Land Use Map."(2.02.01E)
Lake Hazel Rd. lies between the proposed preliminary plats and is classified as a residential mobility
arterial that is planned to be a major transportation corridor. A City Park(Discovery Park)abuts the
east side of the proposed Apex Southeast subdivision.All four corners of the Lake Hazel/Locust Grove
intersection are designated for mixed use (MU-C)development. Development in this area should be
high quality and more densely populated at a minimum of 6 units/acre in the MU-C designated area.
The gross density of Apex Southeast is only 3.75 units per acre while the density of Apex Northwest
is 5.62 units per acre.Staff encourages a higher density due to the location of this site adjacent to a
major transportation corridor and City Parr This could be attained through the inclusion of more
dense housing types such as more single-family attached units, townhome units and/or multi family
apartments.
• "Ensure development provides safe routes and access to schools,parks, and other community gathering
places."(2.02.01G)
Detached sidewalks and pathways are proposed throughout the proposed subdivisions for safe
pedestrian access to the future school sites, the City Park and neighborhood commercial/office uses.
• "Where feasible, encourage large transmission and pipeline utility corridors to function as transitional
buffers,parkland,pathways,and gathering spaces within and adjacent to their right of way."(3.07.01E)
A 75 foot wide easement for the Williams Northwest Gas Pipeline crosses this site and is depicted on
the Master Plan and preliminary plats as grassy open space area containing a multi-use pathway. No
structures are allowed within this easement.
• "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid-
mile location within the Area of City Impact."(6.01.03B)
Collector streets are proposed on the preliminary plats in accord with the MSM; collector streets will
be required to be provided with future preliminary plats in accord with the MSM as required by ACHD.
In reviewing development applications,the following items will be considered in all Mixed Use areas,
per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics)
• "A mixed-use project should include at least three types of land uses. Exceptions may be granted for
smaller sites on a case-by-case basis. This land use is not intended for high density residential
development alone."
The proposed development includes four(4) different land use types—residential(single-family), civic
(i.e. amphitheater and community center), commercial and office.
• "Where appropriate,higher density and/or multi-family residential development is encouraged for
projects with the potential to serve as employment destination centers and when the project is adjacent
to US 20/26, SH-55, SH-16 or SH-69."
Although a small portion of land proposed to be annexed with this application fronts on SH-69/S.
Meridian Rd., it is not proposed to redevelop with this application and is designated for LDR uses.
• "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or
rezone request,a development agreement will typically be required for developments with a Mixed Use
designation."
A Master Plan is proposed with the rezone request for the portion of the property surrounding the Lake
Hazel/Locust Grove intersection designated as MU-C(see Section VIII.A).A Development Agreement
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is required as a provision of the rezone to ensure future development is consistent with the MU-C
FL UM designation.
• "In developments where multiple commercial and/or office buildings are proposed,the buildings should
be arranged to create some form of common,usable area, such as a plaza or green space."
The Master Plan for Apex Northwest depicts a community center with a plaza and amphitheater in the
commercial portion of the development. The Master Plan for the commercial portion of Apex
Southeast nearest the intersection doesn't include a development plan—the future plan should
include some form of common, usable area such as a plaza or green space as desired as should other
future commercial/office areas in MU-C designated areas where future development is unknown at
this time.
• "The site plan should depict a transitional use and/or landscaped buffering between commercial and
existing low-or medium-density residential development."
There are no existing residential uses adjacent to proposed commercial development; therefore,
transitional uses and buffering aren't applicable.
• "Community-serving facilities such as hospitals,clinics, churches, schools,parks, daycares,civic
buildings, or public safety facilities are expected in larger mixed-use developments."
A public school is planned in Apex Northwest and a charter school is planned in Apex Southeast per the
Master Plan in accord with the FL UM which depicts two school sites in this general area.A community
center and amphitheater is proposed in the commercial portion of Apex Northwest. A 27-acre City Park
(Discovery Park) abuts the east side of Apex Southeast.A linear open space is planned where the
Williams Northwest Gas Pipeline easement is located.
• "Supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks,plazas,outdoor gathering areas, open space,libraries, and schools are expected; outdoor seating
areas at restaurants do not count."
An outdoor amphitheater, community center with a plaza and charter school is proposed in this
development in the MU-C designated area. Discovery Park, a 27-acre regional City park, exists to the
east of Apex Southeast and includes picnic shelters,pathways, open play areas,play structures, a
splash pad, an off-leash dog park and ballfields.
• "Mixed use areas should be centered around spaces that are well-designed public and quasi-public
centers of activity. Spaces should be activated and incorporate permanent design elements and
amenities that foster a wide variety of interests ranging from leisure to play. These areas should be
thoughtfully integrated into the development and further placemaking opportunities considered."
The public/quasi-public areas (i.e. community center and amphitheater)proposed in this development
are centrally located within the mixed use designated area in Apex Northwest. Discovery Park abuts
Apex Southeast and offers a wide variety of activities for area residents.
• "All mixed-use projects should be directly accessible to neighborhoods within the section by both
vehicles and pedestrians."
The proposed mixed use developments will be directly accessible to adjacent neighborhoods within the
section through extension of streets and internal pedestrian pathways.
• "Alleys and roadways should be used to transition from dissimilar land uses, and between residential
densities and housing types."
Roadways are proposed as a transition between residential and commercial land uses in both of the
proposed subdivisions; and alleys, roadways and common areas are proposed between residential
housing types and densities as desired.
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Item#5.
• "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use
standards listed herein."
The subject property is not located in Old Town, therefore, this item is not applicable.
In reviewing development applications,the following items will be considered in MU-C areas, per
the Comprehensive Plan (pgs.3-15 thru 3-16):
• "Developments should comply with the general guidelines for development in all Mixed Use areas."
See analysis above.
• "All developments should have a mix of at least three land use types."
The proposed development has a mix of residential, commercial, office and civic uses as desired.
• "Residential uses should comprise a minimum of 20%of the development area at gross densities
ranging from 6 to 15 units/acre."
Residential uses should comprise a minimum of 20%of the overall MU-C designated area at a
minimum density of 6 units/acre. Prior to development of the `future development"areas on the
Master Plan, a conceptual development plan should be submitted to ensure compliance.
• "Non-residential buildings should be proportional to and blend in with adjacent residential buildings."
The design, color, construction materials and height of non-residential buildings should be
proportional to and blend with adjacent residential buildings as desired.
• "Vertically integrated structures are encouraged."
No vertically integrated structures are proposed at this time but are encouraged to be included.
• "Unless a structure contains a mix of both residential and office, or residential and commercial land
uses, a maximum building size should be limited to a 30,000 square-foot building footprint. For
community grocery stores,the maximum building size should be limited to a 30,000 square-foot
building footprint. For community grocery stores,the maximum building size should be limited to a
60,000 square-foot building footprint. For the development of public school sites,the maximum
building size does not apply."
The building footprints shown on the Master Plan do not exceed 30,000 square feet;future
development should be consistent with this guideline.
• "Supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks,plazas, outdoor gathering areas, open space,libraries,and schools that comprise a minimum of
5%of the development area are required. Outdoor seating areas at restaurants do not count towards
this requirement."
A community center with a plaza area and amphitheater are proposed in Apex Northwest adjacent to
service commercial and office uses; a charter school is proposed in Apex Southeast. These types of
spaces and places and uses should be provided in all of the MU-C designated areas in accord with
this guideline. Linear open space containing a multi-use pathway is proposed where the Williams
Northwest Gas Pipeline easement is located.
• Where the development proposes public and quasi-public uses to support the development above the
minimum 5%,the developer may be eligible for additional residential densities and/or an increase to
the maximum building footprint."
Although this is an option, the developer is not requesting an increase in density or in the maximum
building footprint allowed.
Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan
in regard to land use, density and transportation.
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Item#5.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC
A. Development Agreement Modification (MDA):
The Applicant proposes to modify the existing Development Agreements(H-2015-0019: Brighton
Investments, LLC—Inst. #2016-007072; SCS Brighton, LLC—Inst. #2016-007073; Murgoitio Limited
Partnership—Inst. #2016-007074)for this property in order to replace the agreements with one new
agreement based on the proposed Master Plan(see Section VIII.A).
The existing Development Agreements (DA's)were required with the South Meridian Annexation
application in 2015. Because that application was initiated by the City,no development was proposed at
that time. A"placeholder"zoning of R-4 was assigned to all of the properties with the requirement that
any future development would require an amendment to the DA's to approve any proposed development
plan. Existing allowed uses in the County pertaining to the raising or maintaining of livestock and
agricultural operations; an exemption to MCC 6-3-10,Firearms,Dischargeable Instruments; and existing
agreements for the collection of solid waste were allowed to remain and continue until such time as the
properties redeveloped in the future. With the proposed development,these uses are required to cease.
The existing DA's require any property or easements needed by the City to provide any sewer or water
infrastructure needed in furtherance of the agreement to be provided by the Owner at no cost to the City
for the intent of providing for the advancement of sewer and water infrastructure for the benefit of the
property,the City and adjacent properties for water mains, sewer mains and trunk lines. Because all of the
water and sewer infrastructure commitments have been met and have been constructed,these provisions do
not need to be carried over to the new DA.
Staff recommends the proposed Master Plan is included in the new DA along with the provisions for future
development listed in Section IX.A.1 to ensure compliance with the MU-C FLUM designation.
expired.B. Annexation & Zoning(A.Z)a
Anne*a4ion of Lot 4, Bleek 1 of Shafer-View Estates Subdivision eensisting of 40.09 aer-es of!and is
proposed with an R 2 zoning distr-iet eensistent with the asseeiated FLUM desigaa�ien of LDR. This le
be used as open spaee for-a period of not less than 15 years from the r-eeer-ding da4e of the plat;beeause the
dwellings,No develepmefi4 is proposed at this time.Annexation is Fequested beea-use the easterly 10 aer-es of the lot is
needed for-sewer-and aeeess to the proposed develapmen4; the remainder-of the pr-opefty is not proposed
develop as paft of this pr-ejeet. Futtwe develepraea4 is required to eemply with the dimensional sta-adafds of
the R 2 zoning distfiet. The Developer-plans to develop the property between the eolleetef stfeet and the
adjoining ShafeF View Subdivision with 1 aer-e lots as a tFansition and buffer-to the existing neighbor-heed.
Prior-to annexation of the property, a lot division should be approved by Ada County in order-for-
the Applieant to only develop the eastern portion of the pr-opeFt-y.-
The annexation area is within the Area of City impaet Betmdar-y(AQQ).A legal deser-iption for-the
annexation area is ineluded in Seetion VIII.B.
The City may r-equir-e a development agreement(DA) in eet��etien with an annexation ptwsttant to 1da
Code seetion 67 651!A. Beeause the R 2 distr-iet only allows single family residential detaehed
par-ks> nd >
Staff
does not feel it's neeessafy to r-estfiet development of the pr-epei4y dffettgh a DA Fef
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Item#5.
C. Rezone(RZ):
A rezone of 384.97 acres of land from the R-4 to the ,R-8 (144.78+ 119.28=264.06
acres),R-15 (76.93 acres)and C-C(43.28 acres)zoning districts is proposed.
afea on the west side of the f4ffe eelleeter-stfeet depieted on t4e Master-Plan. Beeause this pr-epeAy is
designated N4DR on the FLUM,the R 4 or R 8 zoning distriets would t�Tieally be the best zoning choices.
annexed with R 2 zoning, Stag r-eeewumeads the adjaeent LDR design4ion is used for-the area proposed
be rezoned as allowed in the Comprehensive Plan when deemed appropriate and approved as paft of-a
publie hearing with a land development application(see pg. 3 9).No development is proposed at this time.
Ftitefe development is FeEleir-ed to eempiywith the dimensional standards of the R 2 zoning distfiet liste
in T T�nble112A 4 and-the allowed uses piste''�Table 11 2A 2.
The areas proposed to be rezoned to R-8 consisting of a total of 264.06 acres are primarily designated on
the FLUM as MDR but some of the area is within the MU-C designated area. The Master Plan does not
depict a conceptual development plan for much of the R-8 zoned area except for that to the south of the C-
C zoned area in Apex Southeast where single-family detached homes are proposed at a gross density of
3.75 units/acre. Because this area is in close proximity to a major transportation/mobility corridor
(E.Lake Hazel Rd.) and a City Park, a higher density in this area is encouraged.
The 76.93 acre areas proposed to be rezoned to R-15 lie within areas designated as MDR,MHDR and
MU-C on the FLUM. The Master Plan does not include a conceptual development plan for the portion in
the MHDR designated area. To ensure future development occurs consistent with the guidelines in the
Comprehensive Plan for MHDR designated areas, Staff recommends a DA provision requiring
future development to incorporate high quality architectural design and materials and thoughtful
site design to ensure quality of place; an alternative housing type such as townhomes and/or multi-
family is recommended.Connectivity with adjacent uses and area pathways, attractive landscaping
and project identity should also be provided.The majority of the remainder of the R-15 area is
designated MU-C with a small portion designated MDR.Alley-loaded single-family attached and detached
homes are depicted on the Master Plan in the MDR and MU-C designated areas included in the Apex
Northwest plat at the northwest corner of Locust Grove/Lake Hazel Roads in accord with the
Comprehensive Plan. A concept development plan is not proposed for the remainder of the area proposed
to be zoned R-15 north of the commercial area in Apex Northwest, on the south side of Lake Hazel and on
the east side of Locust Grove in the MU-C designated area. To ensure these areas develop consistent
with the general Mixed Use and MU-C guidelines in the Comprehensive Plan, Staff recommends the
DA is amended prior to development of these areas to include a conceptual development plan. Future
development should comply with the dimensional standards of the R-15 district listed in UDC Table 11-
2A-7,the allowed uses for the R-15 district listed in UDC Table 11-2A-2, and the general guidelines for
Mixed Use developments and specifically MU-C designated areas in the Comprehensive Plan.
The proposed rezone of 43.28 acres of land to the C-C zoning district is consistent with the associated
FLUM designation of MU-C. The area at the northwest corner of Locust Grove and Lake Hazel Roads is
proposed to develop with a mix of neighborhood-serving commercial and office uses including a
community center and amphitheater; and the area on the south side of Lake Hazel,east of the Locust
Grove/Lake Hazel intersection is proposed to develop with a charter school as depicted on the Master Plan.
A conceptual development plan is not proposed for the MU-C designated areas at the southwest, southeast
and northeast corners of the intersection. To ensure these areas develop consistent with the general
Mixed Use and MU-C guidelines in the Comprehensive Plan, Staff recommends the DA is amended
prior to development of these areas to include a conceptual development plan consistent with these
guidelines.
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Item#5.
The Murgoitio property(Parcel#S1406110110)located southwest of the E.Lake Hazel/S.Locust
Grove Rd.intersection shown as an"NAP"should be included in a future subdivision of the
surrounding property(Parcel#S1406110350 or#S1406110015)in order to establish a legal division
of land. Or,if a parcel division was approved by Ada County for the current configuration of the
property,proof of such should be submitted to the Planning Division with a future subdivision
application for the surrounding property.
Legal deser-iptionswith asseeiated e*hibit maps of the areas proposed to be rezoned are ineluded in
land thftt is PfiFt Of the annexation request, Staff has requested the Applicant revise the deseFip&H
to exelude that area; a revised legal description and exhibit map should be submitted pr-i-OF tO the
City Couneil hearing.
The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code
section 67-6511A. Because a new DA is proposed to replace the existing DA's Staff recommends the
above recommended DA provisions are included in that agreement.
D. Preliminary Plats:
Two separate preliminary plats,Apex Northwest and Apex Southeast,are proposed due to ACHD right-of-
way(ROW) for Lake Hazel and Locust Grove Roads separating the properties. Because this overall
project will be developed as a single integrated project and marketed as such, analysis of both projects is
included in this report.
Apex Northwest consists of 120 single-family residential buildable lots for the development of 88 detached
and 32 attached dwelling units, 11 commercial buildable lots and 14 common lots on 41.75 acres of land in
the C-C and R-15 zoning districts. The minimum lot size proposed is 2,863 square feet(s.£)with an
average lot size of 3,885 s.f. The gross density proposed is 5.62 units/acre with a net density of 11.21
units/acre. The subdivision is proposed to develop in 3 phases as shown on the Phasing Plan in Section
VIII.D.
Apex Southeast consists of 237 single-family residential buildable lots,2 commercial buildable lots, 30
common lots and 10 other(shared driveway) lots on 81.63 acres of land in the C-C and R-8 zoning
districts. The minimum lot size proposed is 4,840 square feet(s.f.)with an average lot size of 7,058 s.f.
The gross density proposed is 3.75 units/acre with a net density of 6.17 units/acre. The subdivision is
proposed to develop in three(5)phases as shown on the phasing plan in Section VIII.D.
Overall,a total of 357 single-family residential buildable lots, 13 commercial buildable lots,44 common
lots and 10 other lots are proposed between the two subdivisions at a gross overall density of 4.22
units/acre and a net overall density of 7.27 units/acre.
Existing Structures/Site Improvements:
There are no existing structures within the boundaries of the proposed plats.
The Northwest Williams Gas Pipeline crosses the northeast corners of Apex Northwest(Lot 2,Block 6)
and Southeast(Lot 1,Block 9 and Lot 1,Block 14)subdivisions as depicted on the preliminary plats.
Development within this area should comply with the Williams Developers' Handbook.No structures
should be located within the easement.
Proposed Use Analysis:
The proposed single-family detached and attached dwellings are listed as a principal permitted use in the
R-8 and R-15 zoning districts; and an education institution is listed as a conditional use in the R-8 zoning
district per UDC Table 11-2A-2, subject to the specific use standards listed in UDC 11-4-3-14. An
education institution and professional service(i.e. office) is listed as a principal permitted use in the C-C
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Item#5.
district, subject to the specific use standards listed in UDC 11-4-3-14; other allowed uses in the C-C
district are listed in UDC Table 11-213-2.
Dimensional Standards (UDC 11-2):
Development of the subject property is required to comply with the dimensional standards listed in UDC
Tables 11-2A-6 for the R-8 zoning district, 11-2A-7 for the R-15 district and 11-213-3 for the C-C district.
Subdivision Design and Improvement Standards(UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and improvement
standards listed in UDC 11-6C-3, including but not limited to streets, alleys, common driveways,
easements and block face.
The proposed lots in Apex Northwest are consistent with the dimensional standards of the R-15 and C-C
zoning districts. However,one of the alleys is not designed so that the entire length is visible from a
public street as required by UDC 11-6C-3B.5e;the plat should be revised to comply.Common
driveways that comply with the standards in UDC 11-6C-3D may be considered as an alternative.
The proposed lots in Apex Southeast are consistent with the dimensional standards of the C-C and R-8
zoning districts. Two(2) alleys and 10 common driveways are proposed in the residential portion of the
development that are consistent with the standards in UDC 11-6C-3. Such alleys and common driveways
should be constructed in accord with the standards listed in UDC 11-6C-313.5 and 11-6C-3D. A perpetual
ingress/egress easement is required to be filed with the Ada County Recorder for the common
driveways,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment. An exhibit should be submitted with the final plat
application that depicts the setbacks,fencing,building envelope, and orientation of the lots and
structures accessed via the common driveway; if a property abuts a common driveway but has the
required minimum street frontage and is taking access via the public street,the driveway should be
depicted on the opposite side of the shared property line from the common driveway. Address
signage should be provided at the public street for homes accessed via common driveways for
emergency wayfinding purposes.
Access(UDC 11-3A-3)
Access is required to comply with the standards listed in UDC 11-3A-3.
Apex Northwest: Two(2)public street accesses are proposed via E. Lake Hazel Rd., an arterial street, and
two (2)public street accesses are proposed via S. Locust Grove Rd., an arterial street. Collector streets(E.
Crescendo St. and S.Apex Ave.)are proposed in accord with the MSM.
Apex Southeast: Three(3)public street accesses are proposed via S. Locust Grove Rd., an arterial street,
and two(2)public street accesses are proposed via E.Lake Hazel Rd., an arterial street. Collector streets
(E. Tower St., S.Vertex Way and E. Via Roberto St.)are proposed in accord with the MSM.
Alleys are proposed for access to alley-loaded homes in Apex Northwest and Apex Southeast. Common
driveways are proposed for access to certain homes in Apex Southeast.
Cross-access easements should be provided between all commercial lots in the subdivisions as set
forth in UDC 11-3A-3A.2.
Road Improvements: The Applicant has proposed to enter into a Cooperative Development Agreement
(CDA)with ACHD to improve Lake Hazel Road abutting the site with(4) 11.5' wide travel lanes, a 19'
wide center landscape median,vertical curb, gutter, 8' wide planter strips and 10' wide detached concrete
sidewalks within 109' to 120. 5' of right-of-way(ROW)with the first phase of development. The
Applicant has proposed to construct dedicated right-turn lanes on Lake Hazel Rd. at Aspiration Ave.,Apex
Ave.,Peak Ave. and Vertex Way. Locust Grove Rd. abutting the site is proposed to be improved with(3)
12' wide travel lanes with 6.5' wide bike lanes,vertical curb, gutter, 8' wide planter strips and 5' wide
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Item#5.
detached concrete sidewalks within 77' of ROW. The specific conditions of approval pertaining to the
CDA are included in the ACHD report in Section IX.H.
Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for
single-family detached dwellings based on the number of bedrooms per unit. Future development should
comply with these standards. Parking for non-residential uses is required per the standards listed in UDC
11-3C-6B.1.
Pathways(UDC 11-3A-8):
The Pathways Master Plan(PMP)depicts segments of the City's multi-use pathway system in the linear
area where the Williams gas pipeline is located and along the east boundary of the rezone area.
Pathways should be provided with development in accord with the PMP per the conditions from the Park's
Dept. in Section IX.E. All pathways shall be constructed in accord with the standards listed in UDC
11-3A-8 and the Pathways Master Plan.Landscaping shall be provided along either side of the
pathway in accord with the standards listed in UDC 11-313-12C.Public pedestrian easements(14-feet
wide) should be provided prior to signature by the City Engineer on final plat phases in which
pathways are located.
Staff recommends two(2) additional micro-path connections are provided in Apex Southeast at the
east boundary to Discovery Park.
Sidewalks(UDC 11-3A-1 :
The UDC(11-3A-17)requires, at a minimum, detached sidewalks to be provided along arterial and
collector streets and attached sidewalk to be provided along local streets.
Detached sidewalks are proposed along all internal local and collector streets and along the arterial streets
in accord with the standards listed in UDC 11-3A-17.
Parkways (UDC 11-3A-17):
Eight-foot wide parkways are proposed adjacent to all streets with detached sidewalks; all parkways are
required to be constructed in accord with the standards listed in UDC 11-3A-17.
Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to S. Locust Grove Rd. and E. Lake Hazel Rd.,both
arterial streets; and a 20-foot wide street buffer is required adjacent to E. Crescendo St., S. Apex Ave., E.
Tower St., S.Vertex Way and E. Via Roberto St., all collector streets,landscaped per the standards listed
in UDC 11-313-7C.Alternative Compliance may be requested to UDC 11-3B-7C.2a for street buffers along
collector streets to be located in a dedicated buffer rather than in a common lot.
Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and 11-3B-
7C.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C as
discussed above.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E.
Mitigation is required for any existing trees proposed to be removed from the site as set forth in UDC I I-
3B-10.C.5.
If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
construction standards of ACHD and landscape the remainder with lawn or other vegetative ground
cover as set forth in UDC 11-3B-7C.5.A license agreement for improvements within the right-of-way
is required between the property owner and ACHD.
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Item#5.
Qualified Open Space(UDC 11-3 :
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be
provided with development of land in residential districts.
Based on the residential portion of the Apex Northwest plat(31.52 acres) zoned R-15, a minimum of 3.15
acres of qualified open space is required to be provided. Qualified open space consists of all of the street
buffers along collector streets,half of the street buffers along arterial streets,the 8-foot wide parkways
between the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an
access at each end, and open grassy areas of at least 50' x 100' in area. Although an open space exhibit
was submitted that appears to meet the minimum standards,it includes areas in the C-C zoning
district that do not qualify toward the minimum requirements for the subdivision. Staff recommends
the exhibit is revised prior to the Council hearing to only depict areas that qualify per the standards
listed in UDC 11-3G-3B in order to ensure consistency with this standard.If additional qualified
open space is needed,the plat should be revised to comply.
Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of 6.32 acres
of qualified open space is required to be provided. Qualified open space consists of all of the street buffers
along collector streets,half of the street buffers along arterial streets,the 8-foot wide parkways between
the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an access at
each end, and open grassy areas of at least 50' x 100' in area. Although an open space exhibit was
submitted that appears to comply with the minimum standards,it includes areas in the C-C zoning
district that do not qualify toward the minimum requirements for the subdivision. Staff recommends
the exhibit is revised prior to the Council hearing to only depict areas that qualify per the standards
listed in UDC 11-3G-3B to ensure consistency with this standard. If additional qualified open space
is needed,the plat should be revised to comply.
Qualified Site Amenities(UDC 11-3 .
A minimum of one(1) qualified site amenity is required for each 20 acres of land to be developed in
residential districts as set forth in UDC 11-3G-3.
Based on the area of the residential portion of Apex Northwest(31.52 acres), a minimum of one (1)
qualified site amenity is required to be provided. A gazebo is proposed as an amenity in Lot 32,Block 5 as
an amenity; Staff recommends tables and benches are also provided as required for a"picnic area"
amenity.A community center and amphitheater are also proposed as public amenities in the adjacent
commercial portion of the development and a swimming pool is depicted on the Master Plan off-site on the
adjacent property to the north; however, these do not qualify as amenities for the residential portion of the
development proposed to be platted with this application.
Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of three(3)
qualified site amenities are required to be provided. A swimming pool and children's play equipment
are proposed in a central common area and pedestrian pathways(multi-use pathway along E.Lake
Hazel Rd. and internal pathways)are proposed as amenities in this development in accord with
UDC standards.A detail of the children's play equipment should be submitted with the final plat
application.
Waterways(UDC 11-3A-dy"j:
There are no waterways within the boundary of the preliminary plats.
The Farr Lateral runs along the north and east boundaries;the McBirney Lateral crosses the site east/west;
and another waterway runs north/south through the annexation and/or rezone areas.
Fencing(UDC 11-3A- :
All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is
proposed as shown on the landscape plan.
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Item#5.
Six-foot tall wood picket fencing is proposed along end caps at the ends of residential lots adjacent to
common areas; and 5-foot tall clear vision metal fencing is proposed adjacent to internal common areas.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's adopted
standards, specifications and ordinances. Design and construction is required to follow Best Management
Practice as adopted by the City.
Irrigation: Underground,pressurized irrigation water is required to be provided for each and every lot
within the development in accord with MCC 9-1,Water Use and Service. Irrigation water will be provided
from Boise Project Board of Control.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted several perspective building elevations for the proposed single-family homes and
for the commercial structures planned to be constructed in this development which are included in Section
VIII.G. Homes depicted are a mix of 1-and 2-story units, attached and detached,with building materials
consisting of a variety of siding styles and stucco with stone/brick veneer accents.Final design is required
to comply with the design standards in the Architectural Standards Manual, single-family detached
dwellings are exempt from design review standards.
Because 2-story home elevations that face arterial and collector streets are highly visible, Staff
recommends as a provision of the DA that the rear and/or side of structures on lots that face E.Lake
Hazel Rd. and S.Locust Grove Road,arterial streets, and S.Vertex Way,E. Tower St.,E.
Crescendo St., S.Apex Ave. and E.Via Roberto St.,collector streets,shall incorporate articulation
through changes in two or more of the following: modulation (e.g.projections,recesses,step-backs,
pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the subject public
street.Single-story structures are exempt from this requirement.
A Certificate of Zoning Compliance and Design Review application is required to be submitted and
approved prior to submittal of any building permit applications for the swimming pool facility and non-
residential/commercial structures. A Design Review application is required to be submitted for single-
family attached units; one application can be submitted for the overall development if desired. Design
review is not required for single-family detached homes.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed MDA,AZ,RZ and PP applications with the requirement of a
new Development Agreement with the provisions noted in Section IX.A per the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on July 9, 2020. At the public
hearing,the Commission moved to recommend approval of the subject MDA, RZ and PP
requests.
1. Summary of Commission public hearing_
a. In favor: Jon Wardle
b. In opposition:None
C. Commenting: Stacia Morgan; Annette Alonzo representing the Southern Rim Coalition
d. Written testimony: Julie Edwards
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) testimony
a. Opposed to the proposed rezone from R-4 to R-15 for the land along Lake Hazel Rd.
between Meridian Rd. &Locust Grove Rd. (not against ,gher density around
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Item#5.
commercial areas);would like to see the zoning of the"future development"areas
remain R-4 rather than be rezoned to R-8;belief that farm land and open space should
be preserved as much as possible; concern that current school system does not have the
capacity to accommodate all of the students from this development;would like a
moratorium placed on development that has not already been approved to allow time for
the school district and roads to catch up and to have time to re-evaluate how we want to
use our dwindling remaining open spaces&farmland.
b. Concern pertainingto o capacity of area schools and ability to accommodate more
students from this development;
c. Would like pathway provided to Black Rock Subdivision for connectivity.
3. Key issue(s)of discussion by Commission:
a. Concern pertainingto o capacity of area schools and impact of the proposed development
on such,
b. Supportive of proposed development, community amenities and associated
improvements to Locust Grove and Lake Hazel Roads;
4. Commission change(s)to Staff recommendation:
a. If revised qualified open space exhibit depicts qualified area less than 10%that the
amphitheater in the commercial area be allowed to count toward the requirement
through an alternative compliance request to UDC 11-3A-3.
5. Outstanding issue(s) for City Council:
a. None
Note: The annexation request was pulled from the Commission agenda at the request of the property
owner so that it could be re-noticed with a change in zoning from R-2 to R-4. Therefore, it is not
moving forward to Council with the MDA, RZ&PP applications.
C. The Meridian City Council heard these items on August 11.2020. At the public hearing.the
Council moved to approve the subject MDA, RZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle and David Turnbull,Brighton Corporation
b. In opposition:None
C. Commenting: Chris Loveland,Marcella White,Julie Edwards
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Joe Bon ig orno
2. Key issue(s)of public testimony:
a. Not in favor of the proposed rezone from the R-4 district and density and lot sizes of the
proposed development—preference for larger estate lots(1+acre)and open space.
3. Key issue(s)of discussion by City Council:
a. Phasing of the preliminary plats;
b. The uniqueness of the development with community amenities-
C. Development is proactive in addressing traffic/infrastructure concerns up front; and,
d. Concern about education issue and overcrowding of area schools.
4. City Council change(s)to Commission recommendation.
a. None
Page 19
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Item#5.
VIII. EXHIBITS
A. Master Plan (Revised)
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Page 20
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Item#5.
B. Annexation Legal Deser-iption & Exhibit MV
Page 21
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Item#5.
C. Rezone Legal Description & Exhibit Map
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APEX NORTHWEST
SUBDIVISION PRE-PLAT
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SUBDIVISION PRE-PLAT
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DATE: AUGUSTZMD
PRUI ECT: 21HX7
SHEET_ OVERALL PROJECT VICINITY MAP
1 OF 1
Page 22
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Item#5.
km
9233 WEST STATE STREET I BOISE,ID 837'14 1 208.639,6939 1 FAX 208.639.5930
April 2,2020
Project No.2M17
Exhibit A
Legal Description for
Rezone to R-8-North
Apex Subdivision
A portion of the East 1/2 of the Northwest 1/4,a portion of the Southeast 1/4 and a portion of the
Northeast 114 of the Southwest 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of
Merldian,Ada County, Idaho and being more particularly described as follows:
BEGINNING at a 5/8-inch rebar marking the Center of said Section 31,thence following the northerly
line of said Southeast 1/4 of Section 31, N89"57'56"E a distance of 2,601-37 feet to a brass cap marking
the East 114 corner of said Section 31;
Thence leaving said northerly line and following the easterly line of said Southeast 1/4,500"32'22NE a
distance of 1,419.94 feet;
Thence leaving said easterly Iiae,N89°42'21"W a distance of 1,423.17 feet;
Thence 500°16'52"W a distance of SMOG feet;
Thence NS9°42'2VW a distance of 1,1.98-50 feet to the westerly line of said Southeast 1/4;
Thence following said westerly line, N00°16'52"E a distance of 682.44 feet to the Center-South 1f 15
corner of said Section 31;
Thence leaving said westerly line,SS9-52'0S"E a distance of 62.50 feet;
Thence NOW 16'52"E a distance of 895.00 feet;
Thence 199.42 feet along the arc of a circular curve to the left,said curve having a radius of 280M feet,
a delta angle of 40"48'25",a chord bearing of N20°07`2O"W and a chord distance of 195.23 feet;
Thence N40"31'33"W a distance of 241-33 feet;
Thence 198.79 feet along the arc of a circular curve to the left,said curve having a radius of 230.00 feet,
a delta angle of 49'31'13", a chord bearing of N65"17'09"W and a chord distance of 192.66 feet to the
southerly tine of said East 1/2 of the Northwest 1/4 of Section 31;
Thence fallowing said southerly line,S89'57'15"W a distance of 980.26 feet to a 5/8-inch rebar marking
the Center-West 1/16 corner of saGd Section 31;
Thence Leaving said southerly line a nd fo Vow!ng the westerly line of said East 1/2 of the Northwest 1/4,
NOO"25'36"E a distance of 1,558.66 feet;
Thence leaving said westerly line, N81°55'55"E a distance of 518.76 feet;
Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58.00 feet,a
delta angle of 55"35'50",a chord bearing of 520°49'52"E and a chord distance of 54.10 fleet;
Thence 546°52M"E a distance of 45.40 feet;
Thence 554'18'10"E a distance of 180.18 feet;
Thence 16 1.54 feet along the arc of a circular cu rve to the left,said curve having a radius of 588.00 feet,
a delta angle of 15"44'26",a chord bearing of 562°10'23"E and a chord distance of 161.03 feet;
Thence S70°02036"E a distance of 107-80feet;
Thence S19'57'24"W a distance of 12.00 feet;
Thence 570°02'36"E a distance of 14.45 feet;
Thence SEW58'05"l;a distance of 207.13 feet;
Thence S65a32'50"E a distance of 188.57 feet to the easterly line of said East 1/2 of the Northwest 1/4;
Page 23
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Item#5.
Thence following said easterly fine,50O°39'17"W a distance of 1,140.13 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 144.79 acres, more or less.
Attached hereto is Exhibit 9 and by this reference is hereby made a part of,
NIL
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ZCa 9RhBS UP ru c °S
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# SECTION 31
w FQNT OF BEG!hNNG § p :3
6/6+INCH RM4R Ili W 3/'� CEP cc
E:ERTpt OF SEC170W 31 9►SI or 9EJYi21kv Qu y{
QN.29' NW57'5Er 2ICL
601.37
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20.33' Rezone Area: 144-78t AC-
All pF 5113124�454a&punbn of R7&Z422CWJ r W
S113143720DS1181438400 SL511314172SI �
�s4 Current Zoniri -RUT&R'4 # .
I PropoSLd Zoning:R-8 g
h.1`e. wkex�
#R116.'1 COST
- — — — — — — F — — — — — — — — SHEET:
6�9-NCH i R 1 +✓8��231'4 1#g3 t7' l F
C-s 1/10 CORNER f Z n iy
OF 9ECRIN 31 e g
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I
r�EP+Y�1`rr 101.156' `
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V 3013 6011 I V G`4FGYfGM` 7UhT i 'i.�tik.i>
4197 YR}I 71011 lr+Lk I
SCALE- I'�hEQQ' '11 m!1 16,
Page 24
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Item#5.
kin
9233 WEST STATE STREET I BOISE,ID 83714 I 208,639,b934 I PAX 208-M-6930
APr[I Z,2020
Project No-2"17
UhlbitA
Legal 17esoription fur
Rezone to R$-South
ApexSubdlwi$1an
A parcel of land situated in a portion of the West 1f 2 of the Fforthwe5t 1/4 of Section 5 and a portiori of
the East 1/2 of the Northeast 1/4 of Section 5,Township 2 North, Range 1 East 0.M-,City Qf Meridian,
Ada County,Idaho and heing more particularly described as foilows:
Commen Ceing at a brass cap rnaricl ng the co rner cam more to Sections 5 anti 6,Township 2 No rth,Ra nge
1 East and Sectons 31 artd 32,Townsh ip 3 North, Range 1 Ea st which bears S89"42'2I'E a dicta nce of
2,640.00 feet from a 5f8-Inch rebar marking the#forth 1f4 corner of said Section 6,thence following the
easterly line of the Northeast 1/4 of said Se€tian 6,S00$04'351E a distance 4661-39 feet to the POINT
OF BEGINNING.
Thence teaving said easterly lin€,N89°53`42"€a diSta nCe of 966.03 Feet;
Thence W1'51'13"E a distance of 547-17 feet W the easterly Ilne of said West 1{2 of the Northwest 1/4
of Section 5;
Thence following said easterly line.SO4'01'43°E a distanceof,1,423.96feel to the Center-Wiest 1/16
earner of said Section 5,
Thence leaving said easterly line and followng the southerly line of Bald Vilest 1f 2 of the Northwest 1/4
of Section 5,N89°52'3$"W a KWtOACe Of 1r329.65 fee tto a bras tap marking the West 1}4€ornerof said
Section 5(East 1/4 corner of saF1 Section 6);
Thence laavlrog said southerly line of the West 1 f2 of the Northwest 1/4 of Section 5 a rid fallowing the
southerly line of said East 112 of the Northeast 1/4 of Section 6,N89°22'50"W a distance of 1304-25
feet;
Thence leaving said southerly Liner N00`43'55`W a distance Of 111-26 feet;
The nre N00°2.t}'23`W a distance of5 9.25 feet;
Thence N97134'26"tin+a distance of 1149 feet to the westerly line of said East 1{3 of the Northeast T 4
of Section 6;
The nee following said westerly Ene,Pt00'02'46"W a distance of 66,73 feet to the westerly rfgltt-cf-way
line of the Rawson Cana];
Thence leaving said westerly lm-a and followl rig said westerly right-of-way Iine the followingcourses:
1, N78"25'55"E a distance of 161.21 Feet;
2, N54'55'20"E a distance of 74,17 feet;
3. N31°51'12"E a distance of 92.01 feet
4, N10'2S'1D"Ea distance of381,33feeti
5- N05°26'52oW a distance of 105,26 feet;
6- N18'56'2W)JV a distance of 287.65 feet;
7. N32'CG'38"W a distance of 91.83 feet;
B. N61432'57"W a distance of 104.61 feet;
9- N74'59'05"Yy a dlstanoe of 44M feet,-
Thence Leaving said westerly right-of-way line, NOO°02'06"1N a distance of 396.78 feet;
ENGiNEEl{S I SURVEYORS PLANNERS
Page 25
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Item#5.
Thence SB9°42'20"E a distance ckf 796.96 feet;
Thence 504*&4'35"r a dlstarice of 252.00feet;
Thence 589'42'20"E a distance DI`473.4i7 feet to the easterly line of said East V2 of the Northeast V4 of
Section 45{westerly I ine of said WoGt 1/2 of the Northwest 1{4 of 5ectia n 5};
Thence following sold easterly nine(and said westerly line), N0G'44'35'W a dlstanceof$4.63 feet to the
POINT OF BEGINNING.
Sald parcel contains a total of 119.28 acres,more pr less.
Attached hereto is Exhlblt 6 and by this refereow is hereby made a part of.
12459
•2,0 3,0
PAGE 2
Page 26
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Item#5.
BASIS OF BEARING ri o
31 9'42'21"E 2640.00' E 1AKE HAZEL RD 31 32 T.3N.. RA E. n
6 5 T.ZN., R.1 E.
5 8-INCH REBAR
POINT OF COMMENCEMENT I
s/e-INCH REeAR BRASS CAP WEST 1/16 CORNER
T -c -0 -c
NORTH 1/4 CORNER NW CORNER SECTION 5 -2 SECTION 5 AND
stCncN 6 NE CORNER SECTION 6 �' SECTION 32 a
x� O iv
t�7 a
m
c � `n
I POINT OF
S89'42'20"E 796.96'
a 6EGINNING O ,
N89'53'42"E 965.03' 4- V)
o 589'42'20"E L11
L9 473.40' LINE TABLE
LINE BEARING DISTANCE QXj 3
(8 CL 1= a
Rezone Area: 119.28t AC. Ll N8734'26"W 13.49
m < z u
N15'56'20"W Portion of 51406110015,
2B7.65' L2 NO'02'08"W 66.73 ± c
All of 51406110350 and m o
a Portion of S1445212410 L3 N78'25'55"E 161.21 0
s � �
Current Zoning:R-4 L4 N54TM'20"E 74.17 N LU
Proposed Zoning:R-8
c _
L5 N31'51'12"E 92.61 LU
iO ^ Iti L6 0'28'52V 106.26 Z
N
o5v M L7 N32'08'38'W 91.83
W� L8 N61'32'57"W 104.61 �' MpRCH39I9
L4 h N T�I r PaaEt7. 20-D17
Ln 1�' o Ln L9 N74'59'05"W 44.02 SHEEP
Ll o 0 LIG SO'04'35"E 252.00 1 OF 1
u' L1 i N704'35"W 84.63
NOO'20'23-W
549.25' L12 N59'22'50"W 17.75
I D 20❑ 4�❑ Boo BRASS CAP
i W 1/4 CORNER SECTION 5
1/2-INCH REBAR SCALE: 1"-4d0' E 1/4 CORNER SECTION 6 EEMMEIon
C-E 1/16 CORNER N0O'43'55"W C-W 1/16 CORNER ENGWEEkS.SukVEYORS_PIANNERS
SECTION 6 111.26' SECION 9F33 WE5TSTATESrREEf
N89'22'50"14 1304,25' 6 5 N89'52'38"W 1329.65' 9043E IQ4HO B3714
L12 RnxH Im91$c�9 63�039
Page 27
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Item#5.
km
9233 WEST STATE STREET I BDISE,ID 83714 1 208.639.6939 l FAX 20&639.6930
April 29,2020
Project No,20-017
Exhibit A
Legal Description for
Rezone to R-15
Apex 5ubdivi5ion
A parcel of land situated in a portion of the South 1/2 of the Southeast 1/4 of Section 31 and a portion
of the Southwest 1/4 of the Southwest 1/4 of Section 32,Township 3 North,Range 1 East,B.M.,and a
portion of the Northeast 1/4 of the Northeast 1/4 of Section 6,Township 2 North, Range 1 East B.M.,al I
situated in the City of Meridian,Ada County,Idaho anti heing more particularly described as follows-
BEGINNING at a 5/8-Inch rebar marking the corner common to Section 31,Township 3 North,Range 1
East,and Section 6,Township 2 North,Range 1 East,which bears N89°42'21"E a distance of 2,640.00
feet from a 5/8-inch rebar marking the Southeast 1/4 corner of said Section 31;
Thence following the westerly line of the Southeast 1/4 of the Southeast 1/4 of Section 31,N00°16'52"E
a distance of 660.00 feet;
Thence leaving said westerly line,589°42'21"E a distance of 1,198.50 fleet;
Thence N40"15'52"E a distance of G20.00 feet;
Thence 589°42'21"E a distance of 1,971.82 feet to the easterly boundary of the Farr Lateral;
Thence following said easterly boundary the following courses:
1. 64.48 feet along the arc of a circular curve to the left,said curve hawing a radius of 110.00 feet,a
delta angle of 33°35'03",a chard hearing of 505°50'15"W and a chord distance of 63.55 feet to a
1/2-inch rebar;
2. 51ti`57'45"E a distance of 410.17 feet to a 1/2-inch rebar;
3. 114.95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00 feet,
a delta angie of 47"02'41",a chord bearing of S34*29'08"E and a chord distance of 111.75 feet
to a 1/7-inch rebar,
4. S58'00'31"E a distance of 219.85 feet to a 1/2-inch rebar;
5. S69`55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of said Southwest
1/4 of the Southwest 1/4 of Section 32;
Thence following said easterly line,S00'10'02"E a distance of 430.90 feet to the southerly line of the
Southwest 1/4 of Section 32;
Thence following said southerly line,N89'57'46"W a distance of 641.22 feet;
Thence N00°06'18"W a distance of 124.99 feet;
Thence N47°51'44"W a distance of 797.36 feet;
Thence N89°42'21"W a distance of 775.42 feet;
Thence 500°16'52"W a distance of 1,154.01 feet;
Thence N89°42'2WW a distance of 587.77 feet;
Thence N00°02'06"W a distance of 494.01 feet to the southerly line of the Southeast 1/4 of Section 31;
Thence following said southerly line,NS9°42'2VW a distance of 10370,00 feet to the POINT OF
BEGINNING.
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Item#5.
Said parcel contains a total of 76.93 acres, more or less.
Attached hereto is Exhibit B and by this reference is hereby Trade a part of.
OF
L >13
.7-41.so
LEGEND
FOUND BRASS CAP �
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91 '' o
CURVE TALE
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3
Ci 110.4D' 84,4v 33'35-G'v SS`S4'i5.w 63,5d' 14
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$M 42'21'E 197 t.62
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parkloe$7,131�36400,51733i#7 C O
5I1.3141775L,51133335E+90.A31+9fit3Ga15
CL✓rtnk 29f'"q'le-1 .ten Lr O $
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€LADE HAZEL Rd _ a
FtMt OF EEMNING 3 89k%5 CAR km$E ccpm 5f8-INCF! RE9M
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SOUTH 1/4 CUfi?IER SECTION 3' v SE
Ct�OH 5 AND 32 rkyidLEEar SuMYDAi t%�4R•
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Page 29
Page 199
Item#5.
km
9233 WEST 5TA7E STREET I 8015E,Ip 83714 1 208,639.6939 1 FAX 208.639.6930
April 29,2020
Project No,20-017
Exhibit A
Legal Description for
Rezone to C-C
Apex Subdivision
A parcel of land situated in a portion of the southeast 1/4 of the Southeast 1/4 of Section 31,a portion
of the Southwest 1/4 of the Southwest 1/4 of Section 32,Township 3 North, Range 1 East,13-K,and a
portion of the Northwest 1/4 of the Northwest 1/4 of Section 5,and a portion of the Northeast 1/4❑f
the Northeast 1/4 of Section 6, Township 2 North,Range 2 East S.M.,all situated in the City of Meridian,
Ada County, Idaho and being more particularly described as follows:
Commencing at a brass cap marking the Northwest corner of Section 5, Township 2 North,Range 1 East,
which hears N89'57'04"W a distance of 1,331.87 feet from a found 5/8-inch rebar marking the West
1/16 corner of said Sections 5 and 32;
Thence following the northerly line of said Northwest 1/4,S89°57'04"E a distance of 690,66 feet to the
POINT OF BEGINNING;
Thence continuing along said northerly line,S89"57'04"E a distance of 541,21 feet to a found 5/8-inch
rebar marking the west 1116 corner of said Sections 5 and 32;
Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of the Northwest
1/4 of said Section 5,S00°01'43"E a distance of 250.92 feet to a point;
Thence leaving said easterly line,S41"51'13"W a distance of 547,17 feet to a point;
Thence S89°53'42"W a distance of 966.03 feet to a point on the westerly line of said Northwest 1/4;
Thence following said westerly line,N00*04'35"W a distance of 167.37 feet to a point;
Thence leaving said westerly line,N89°42'20"W a distance of 682.5E feet to a{point;
Thence N00"16'52"E a distance of 1,154.01 feet to a point;
Thence S89"42'21"E a distance of 775.42 feet to a paint;
Thence S47*51'44"E a distance of 797.36 feet to a point;
Thence S00°06'18"E a distance of 125.13 feet to the POINT OF BEGINNING.
Said parcel contains a total of 43.28 acres,more or less.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
12 597-0
Page 30
Page 200
Item#5.
BRASS CAP 43
EA!r t/4 CGRNER ode
=W.CTION 31 3�
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POINT OF COMMENCEMENT $ SJ$ REBAR � X m
W f411ND BRASS CAP i �pQpp'i� YYVf 1/14 CORNER
ui m T FE' CORNER 59C110QN 31 12S,1S' SECTIONS S & 32 Q
31 — $69'42'21�E 31 3 T-RLLf g. 647
-6Q' _ SB9'57'G4'E 841.21`
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6 m 254C1.D ' T,2N„ RJE 1331,87 L u
E LA4E HAZEL RO $ PONT 15F peal»mmO 0AS15 OF BEARING *6 Z
258.92' w
Rezoe Area:43.28±AC
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ID B/B-LNCH RE&W I
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iMwu!r ff Q
EV571NC PAICEL LINE M'mq"um
— — — —SE1;MN LIN>: iMaf
Page 31
Page 201
.wY
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Item#5.
Northwest:
APEX NORTHWEST SUBDIVOON PRELIMINARY PLAT
A PORT1011QF 7HESDJFH IP43F THESIDUTHEAST V4AN0 HORTFffAT L14 OF THE
!Oufi4CFSt 1f14F x0xm]LT rM!,M 3N0PTPL PIF+GC 1 r,*'?.
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Page 33
Page 203
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Page 34
�7m4
Item#5.
Phasing Plan:
APEX Northwest Phasing
ConceprWf/Subject to Chan
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Southeast:
APEX 5OLItHEA#t9UBMI51QH PRELIMINARY PLA7
— x�ro�u.exo srruxrte ix ire ncsr ir:a ixr.rwusrxo i va o gr•usrt s.
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Page 35
Page 205
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Page 36
Page 206
Item#5.
AE
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Page 37
Page 207
Item#5.
Phasing Plan:
APEX Southeast Phasing
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Page 38
Page 208
Item#5.
E. Landscape Plan(date: 4/30/2020)
Northwest:
yj .C ` E�nera9tRimame— --— — -
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— HE�L.I.a ISW.4
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Page 39
Page 209
Item#5.
----- ---- — ------------ ------
IMIIMAP VlAh �E_ hNFCH LI7J! S:"u;k�w"l.? _
WITCH UIE-SEE 5NkE7 ak3,P
............... .................. ......ii...... ................. . .-
r• 7tl ifs is i ''LF-13i-'� 't M1y F,
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Page 40
Page 210
Item#5.
Southeast:
n�Ea�clu.nlunocp��
it � � �� ��-�'�� �_� �---—�— -• - -
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Page 41
Page 211
Item#5.
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Page 42
Page 212
WAR H LGWI-SEE SHlrr PP3.0
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LMVDSCME PLAN
Page 43
F. Qualified Open Space Exhibit(dated: Alareh May 2020) - REVISED
Northwest:
APEX NORTHWEST SUBDIVISION OPEN SPACE EXHIBIT
U
... . .......-
r---------------- -
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AM hURTHWM 5UBWRDN
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Page 44
Item#5.
Southeast: J
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Page 45
Page 215
G. Conceptual Building Elevations/Renderings
YA
Meh 445'Arr7e.�ic� .7iia'y 0 1 rim,
Apex NW Aesl�enrJ� Alley
TA
MI
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Apell�J W Rafl$M�4-Aaw AIYlK Apell SF'A esAdevlhaJ rartvrnhdnal
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Page 47
P'
7
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Page
, i- 48
Item#5.
H. Legal Description&Exhibit Map of Property Subject to New Development Agreement
&am
9233 WEST 5fATE STREET I BOISE,ID 83714 1 208.639.6939 J FAk 208,639,6930
August 18,2020
Apex Subdivision
Project No.2"17
Legal Description
Exhibit A
Legal Description for
Apex subdivision
A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4,all of the Southeast 1/4 of
Section 31 and a portion of the West 1/2 of the Southwest 1/4 of Section 32,Township 3 North,Range 1
East, B.M.,all of West 1/2 of the Northwest 1/4 Section 5 and a portion of the East 1/2 of the Northeast
1/4 of Section 6,Township 2 North, Range 1 East 8-M.,all situated in the City of Meridian,Ada County,
Idaho and being more particularly described as follows:
BEGINNING at a 5/8-inch rebar markingthe Center 1/4 Section 31,Township 3 North,Range 1 East,
B.M.,thence following the southerly line o€the East 1/2 of the Northwest 1/4 of said Section 31,
S89°57'15"W a distance of 1,318.94 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of
said Section 31;
Thence leaving said southerly line and following the westerly line of the East 1/2 of the Northwest 1/4,
N00"25'36"E a distance of 1,558.65 feet to a point;
Thence leaving said westerly line,N81"55'55"E a distance of 518.76 feet to a point;
Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58,00 feet,a
delta angle of 55°35'50",a chord bearing of S20'49'52"E and a chord distance of 54.10 feet to a point;
Thence 546°52'43"E a distance of 45.40 feet to a point;
Thence 554°18'10"E a distance of 180.18 feet to a point;
Thence 161.54 feet along the arc of a circular curve to the left,said curve having a radius of 558,00 feet,
a delta angle of 15'44'26",a chord bearing of$62°10'23"E and a chord distance of 161.03 feet to a
point;
Thence 570°02'36"E a distance of 107.90 feet to a point;
Thence 519"57'24"W a distance of 12.00 feet to a point;
Thence S70"02'36"E a distance of 14.45 feet to a point;
Thence 551'58'05"E a distance of 207.13 feet to a point;
Thence 555'32'50"E a distance of 188.57 feet to a point on the easterly line of the Southeast 1/4 of the
Northwest 1/4 said Section 31;
Thence following said easterly line,500"38'17"W a distance of 1,14D.13 feet to the POINT OF
BEGINNING.
Said parcel contains a total of43.744 acres,more or less.
TOGETHER WITH:
BEGINNING at 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North,Range 1 East,B.M.,
thence following the northerly line of the Southeast 1/4 of said Section 31, N89'57'56"E a distance of
2,601.37 feet to a brass cap marking the East 1/4 corner of said Section 31;
Thence leaving said northerly line and Following easterly line of the Southeast 1/4 of said Section 31,
500"32'22"E a distance of 226.25 feet to a 5/8-inch rebar on the centerline of Farr Lateral;
ENGINECRS I SURVEYORS I PLANNERS
Page 49
Page 219
Item#5.
Thence leaving said easterly line and following the centerline of said Farr Lateral the fallowing seven (7)
courses:
1. S38"43'32"E a distance of 61.71 feet to a point;
2 S51"12'32"E a distance of 444.04 feet to a point;
3. SW36'10"E a distance of 272.66 feet to a point;
4. S86'04'31"E a distance of 206.22 feet to a point;
5. 573°45'13"E a distance of 301.51 feet to a point;
S. 543'15'53"E a distance of 313.14 feet to a point;
7 S29°01'13"E a distance of 37.13 feet to a point on the easterly line of the West 112 of the
Southwest 1/4 said Section 32;
Thence leaving said centerline and following the easterly tine of the West 1/Z of the Southwest 1/4 of said
Section 32,500°08'25"E a distance of 206.12 feet to a 1/2-inch rebar on the easterly boundary of said Farr
Lateral;
Thence leaving said easterly lire and following the easterly boundary of said Farr Lateral the fallowing
twelve(12)courses:
1. 22.57 feet along the arc of a circular curve to the right,said curve having a radius of 144.57 feet,a
delta angle of 08"56'24 ,a chord bearing of S56°50'40"W and a chord distance of 22.55 feet to a
1/2-inch rebar;
2. S5YM54"W a distance of 91.61 feat to a 1/2-inch rebar;
3. 122.47 feet along the arc of a circular curve to the right, said curve having a radius of 220.00 feet,
a delta angle of 31'5339",a chord bearing of 577'15'42"W and a chord distance of 120.89 feet to
a 1/2-inch rebar;
4 N86°47'31"W a distance of 362.95 feet to a 1/2-inch rebar;
5. 583�47'06"W a distance of 26.72 feet to a 1/2-Inch rebar;
fi 569"57'44"W a distance of 12&97 feet to a 1/2-inch rebar;
7. 90.59 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a
delta angle of 47°20'30",a chord bearing of 546'18'02"W and a chord distance of 88.33 Beet to a
point;
S. 64.48 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a
delta angle of 33935'03", a chord bearing of S05°50'15"W and chord distance of 63.56 feet to a
1/2-inch rebar;
9. S10°5745"E a distance of 410.17 feet to a V2-inch rebar;
10. 114,95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00 feel;,a
delta angle of 4702'41", a chord bearing of 534°29'08"E and a chord distance of 111.75 feet to a
1/2-inch rebar;
11. S58"00'31"E a distance of 219.85 feet to a 1/2-inch rebar;
12. 569°55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of the West 1/2 of
the southwest 1/4 of said Section 32;
Thence leaving said easterly boundary and fallowing easterly line of the West 1/2 of the Southwest 2/4 of
said Section 32,SWIM"E a distance of 431.17 feet to a 5/8-inch rebar common to Section 5,Township
2 North Range 1 East, B.M.,and Section 32,Township 3 North Range 1 East, B.M.;
Thence leaving said easterly line and following the easterly line of the West 1/2 of the Northwest 1/4 of
said Section 5,500°01'43"E a distance of 2,672.88 feet to the Center-West 1/16 corner of said Section 5;
PAGE 12
Page 50
Page 220
Item#5.
Thence leaving said easterly line and following the southerly line of the West 112 of the Northwest 1/4 of
said Section 5,N89*W'38"1+V a distance of 1,329.65 feet to a brass cap common to Sections 5 and 6;
Thence leaving said southerly line and following the southerly line of the East 112 of the Northeast 1/4 of
said Section 6,N89"22'5WW a distance of 1,304.25 feet to a point;
Thence leaving said southerly line,NOOa43'55"W a distance of 111.26 feet to a point;
Thence lNDT20'23"W a distance of 549.25 feet to a point;
Thence N87p3426"W a distance of 13.49 feet to the westerly line of the East 1/2 of the Northeast 1/4 of
said Section 6;
Thence following the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6, N00°02'06"W a
distance of 66.73 feet to a point on the westerly right-of-way line of the Rawson Canal;
Thence leaving said westerly line and following the westerly right-of-way line of said Rawson Canal the
following nine(9)courses:
1. N78`25'55"E a distance of 161.21 feet to a point;
2. N54°55'20"E a distance of 74.17 feet to a point;
3. N31"51'12"E a distance of 92.01 feet to a point;
4. 1\110"25'10"E a distance of 331.33 feet to a point;
S. N05"26'52"W a distance of 105.26 feet to a point;
6. N18"56'20"W a distance of 287.65 feet to a paint;
7_ N32°08'38"W a distance of 91.83 feet to a point;
8. N61a32'57"W a distance of 104.61 feet to a point;
9. N7454'05"W a distance of 44.02 feet to a point;
Thence leaving said westerly right-of--way line, N00'02'0Es'W a distance of 890.79 feet to a point on the
northerly line of the}Northeast 1/4 of said Section 6;
Thence following said northerly line,N8942'21"w a distance of 1,370,O0 feet to a 5/8-inch rebar common
to Section 6,Township 2 North lunge I East,R-M., and Section 31,Township 3 North Range 1 East,B.M.;
Thence leaving said northerly line and following the westerly line of the Southeast 1/4 of said Section 31,
N00°16'52"E a distance of 1,342.44 feet to a 5/8-inch rebar marking the Center-South 1/16 cornerof said
Section 31;
Thence N00"16'52"E a distance of 1,342.44 feet to the POINT OF BEGINNING,
Said parcel contains a total of 366.194 acres,more or less.
Said description contains a total of 409.938 acres,more or less.
12 459 4
OF %
PAGE 13
Page 51
Page 221
Item#5.
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1318.94
Title: Apex Subdivision Date: 08-17-2020
Scale: 1 inch=300 feet File: 200817 Apex Subdivision Legal 20-017
Tract 1: 43.744 Acres: 1905504 Sq Feet:Closure=s57.2522w 0.01 Feet Precision=1/627918: Perimeter 5510 Feel
001=s89.5715w 1318.94 006=s54.1810e 180.18 01 1—s61.5805e 207.13
002-n00.2534e 1558.66 a s���1 iei 03 0 1 2=s65.3250e 19337
003=01.5555e 518.76 008�S70A236e 107.80 013=00.3817w 1140.13
u61; R=5B160,n1!IVII3550 009=s 19.5724w 12.00
& 6_-0432�Chd�Sd.lD
005=A6.5243e 45A0 010==-7fl,0236e 14A5
Page 52
Page 222
Item#5.
1
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1304.25 1324.65
Tittle: Apex Subdivision Date. 08-18-2020
Scale; 1 inch= 1000 feet File:200817 Apex Subdivision Legal 20-017
Tract 1: 366.194 Acres: 15951396 5q Few:Clvsurt�s50.3758e 0.02 Feet Precis'tan>11999999: Perimettr= 19597 Fcet
001=n89.5756e 2601.37 016=s69.5744w 128.97 031=08.2555e 16L21
1)17:L.L R=I M19,0 odla 47 pw002= 00.3222e 226.26 tea ;a 032=n4.5S20e 74.17
nRN2wa n s5o003= 38,4332e 61.71 �d-63.56 033=01.5112e 92.01
004=s5I A 232e 444.04 019=sI0.5745e 410.17 034�n10.2510e 381.33
005=s60.3614e 272.66 I.aS
oza;rile=lao.na o�: �.�a1 035= 05.2652w 106,26
e,Is�a.24osa c1a=l I
006-s86.043Ia 206.22 021=s58,003 le 219.85 036�nI8.5620w 287.65
007=s73,4513e 301.51 022-s69.5545e 503.32 037--T132.0838w 91.93
008=s43.1553e 313.74 023=500.1002e 431.17 038�n61.3257w 104.61
009,s29.0113e 37A3 024=sU0.0143e 2672.88 039=n74.5905w 44.02
010=s00.0825e 206-12 025�n89.5238w 1329.65 040-00,0206w$90.79
011:Rt R-144.67 UGI[Ia, 1a.56=4 026-n89.225Qw 1304.25 041=n89.42.21w 1370.00
Hog�56.5a40xr,4'1d°23.53
012=s61.1854w 91.61 027=n00-4355w 111.26 042=00.1652e [342.44
013:1;c R-224. Del[.-31.5339 028mn40.2023w 549.25 043�00.1652e 1342.44
014=n86.4731w 362.95 029--n87.3426w 13.49
015-s83.4746w 26.72 030� 00.020bw 66.73
Page 53
Page 223
Item#5.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The subject property shall no longer be subject to the terms of the existing Development Agreements
(H-2015-0019: Brighton Investments,LLC—Inst. #2016-007072; SCS Brighton,LLC—Inst. #2016-
007073; Murgoitio Limited Partnership—Inst. #2016-007074)upon the property owner(s) entering
into a new agreement. The new DA shall be signed by the property owner(s) and returned to the City
within six(6)months of City Council granting the subject modification. The new DA shall include the
following provisions:
a. Future development of this site shall be generally consistent with the conceptual master
plan, conceptual building elevations,preliminary plat,phasing plan,landscape plan, and
qualified open space exhibits included in Section VIII and the provisions contained
herein.
b. Future preliminary plats shall include collector streets consistent with those shown on the Master
Street Map, as required by Ada County Highway District.
c. The land designated as Medium High-Density Residential(MHDR) on the Future Land Use Map
in the Comprehensive Plan zoned R-15 shall develop with a variety of residential dwellings (i.e.
single-family detached/attached,townhouses,condominiums,and/or apartments)at a gross density
ranging from eight(8)to twelve(12)dwelling units per acre. Development shall incorporate high
quality architectural design and materials and thoughtful site design to ensure quality of place and
shall incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a
project identity consistent with the Comprehensive Plan(see pg. 3-10).
d. Prior to development of the Mixed Use—Community(MU-C) designated areas shown on the
Master Plan as"future development,"the Development Agreement shall be amended to include a
conceptual development plan that demonstrates consistency with the general guidelines for Mixed
Use developments and specifically the MU-C designation(see pgs. 3-13 and 3-15 thru 3-16).
e. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road,
arterial streets, and S. Vertex Way,E. Tower St.,E. Crescendo St., S.Apex Ave. and E. Via
Roberto St.,collector streets, shall incorporate articulation through changes in two or more of the
following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,
balconies,material types,or other integrated architectural elements to break up monotonous wall
planes and roof lines that are visible from the subject public street. Single-story structures are
exempt from this requirement.
f. Development within the Williams Pipeline easement shall comply with the Williams Developers'
Handbook.
g. All future development, except for single-family detached dwellings, is required to comply with
the design standards listed in the Architectural Standards Manual.
h. The Murgoitio property(Parcel#S 1406110110)located southwest of the E. Lake Hazel/S. Locust
Grove Road intersection shall be included in a future subdivision of the surrounding property
(Parcel#S1406110350 or#S1406110015)in order to establish a legal division of land. Or,if a
parcel division was approved by Ada County for the current configuration of the property,proof of
such shall be submitted to the Planning Division with a future subdivision application for the
surrounding property.
i. The lot pfoposed to be afmexed(i.e. Lot > Bleek 1,
fi*tufe de.'elopment; or-,the entire lot shall be ineitided in a f6ttffe subdivision. if a pr-epef�y
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division is appr-eved by Ada Gou*ty,pf:eef of sueh shall be submiAed to the Plaffi"ing Division
j. Multi-use pathways shall be provided with development as required by the Park's Department in
accord with the Pathways Master Plan.
k. The commercial(C-C zoned)portions of this development are allowed to obtain building permits
prior to subdivision of the property.
2. The final plat submitted for Apex Northwest shall incorporate the following:
a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Crescendo
St. and S. Apex Ave. is prohibited, except for those accesses approved by City of Meridian and
Ada County Highway District.
b. The north/south alley in Block 5 does not comply with the standards listed in UDC 11-6C-3B.5 as
the entire length of the alley is not visible from a public street as required; common driveways
may be considered as an alternative to the alley provided they meet the standards listed in UDC
11-6C-3D, subject to alternative compliance approval.
c. Depict minimum 20-foot wide street buffers along E. Crescendo St. and S. Apex Ave., collector
streets, in accord with UDC 11-3B-7C.2.
d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in
accord with UDC 11-3A-3A.2.
3. The final plat submitted for Apex Southeast shall incorporate the following revisions:
a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Tower St. S.
Vertex Way and E.Via Roberto St. is prohibited, except for those accesses approved by City of
Meridian and Ada County Highway District.
b. Depict minimum 20-foot wide street buffers along E. Tower St., S.Vertex Way and E.Via
Roberto St., collector streets, in accord with UDC 11-313-7C.2.
c. Depict two(2)additional minimum 15-foot wide common lots for micro-path connections to
Discovery Park at the east boundary in Block 14.
d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in
accord with UDC 11-3A-3A.2.
4. The landscape plan submitted with the final plat application for Apex Northwest shall be revised as
follows:
a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's
Dept. in Section IX.E. Landscaping shall be depicted along either side of the pathways as set forth
in UDC 11-313-12C.
b. Depict landscaping within all required street buffers along arterial and collector streets in accord
with the standards listed in UDC 11-313-7C.
c. Include a calculations table listing the number of trees required vs. those proposed in common
open space areas, street buffers,parkways, and along pathways that demonstrate compliance with
the standards listed in UDC 11-3G-3, 11-313-7C.3, 11-313-12C respectively.
d. Include mitigation information for any existing trees proposed to be removed from the site in
accord with the standards listed in UDC 11-3B-1OC.5.
e. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
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construction standards of ACHD and landscape the remainder with lawn or other vegetative
ground cover as set forth in UDC 11-3B-7C.5. A license agreement for improvements within the
right-of-way is required between the property owner and ACHD.
f. Depict a gazebo with tables and benches as an amenity in Lot 32,Block 5; include a detail of the
gazebo.
5. The landscape plan submitted with the final plat application for Apex Southeast shall be revised as
follows:
a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's
Dept. in Section IX.E. Landscaping shall be depicted along either side of the pathways as set forth
in UDC 11-313-12C.
b. Depict landscaping within all required street buffers along arterial and collector streets in accord
with the standards listed in UDC 11-3B-7C.
c. Include a calculations table listing the number of trees required vs. those proposed in common
open space areas, street buffers,parkways, and along pathways that demonstrate compliance with
the standards listed in UDC 11-3G-3, 11-313-7C.3, 11-313-12C respectively.
d. Include mitigation information for any existing trees proposed to be removed from the site in
accord with the standards listed in UDC 11-313-1OC.5.
e. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
construction standards of ACHD and landscape the remainder with lawn or other vegetative
ground cover as set forth in UDC 11-3B-7C.5. A license agreement for improvements within the
right-of-way is required between the property owner and ACHD.
f. Depict two(2)additional minimum 15-foot wide common lots with 5-foot wide micro-paths in
Block 14 at the east boundary; depict landscaping on either side of the pathways in accord with the
standards listed in UDC 11-313-12C.
g. Depict the children's play equipment proposed in the central common area; include a detail of the
play equipment.
6. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables
11-2A-6, 11-2A-7 and 11-2B-3 for the R-8,R-15 and C-C zoning districts respectively.
7. Off-street parking is required to be provided for residential uses in accord with the standards listed in
UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non-residential uses in accord
with the standards listed in UDC 11-3C-613.1.
8. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building
envelope, and orientation of the lots and structures accessed via common driveways; if a property
abuts a common driveway but has the required minimum street frontage and is taking access via the
public street,the driveway shall be depicted on the opposite side of the shared property line from the
common driveway as set forth in UDC 11-6C-3D.
9. Address signage shall be provided at the public street for homes accessed via common driveways for
emergency wayfinding purposes.
10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common
driveways,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall
be submitted to the Planning Division with the final plat for City Engineer signature; or,this
information may be included in a note on the face of the plat.
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11. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot
wide multi-use pathways proposed within the site that are not located within right-of-way,prior to
signature on the final plat by the City Engineer for the phase in which they are located.
12. A Certificate of Zoning Compliance and Design Review application is required to be submitted and
approved prior to submittal of any building permit applications for the swimming pool facility in the
residential portion of the development; and for all non-residential/commercial uses and structures.A
Design Review application is required to be submitted for single-family attached units; one application
can be submitted for the overall development if desired.
13. The qualified open spaee exhibits fOF the residentially zoned portions of Apex Northwest and
Apex Southeast shall be revised prior to the Council hearing to only depiet areas that qualify PeF
the standaFds listed in UDC 11 3G 3B.if additional qualified needed,the plat
should be revised to eompl�-
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 The north-south sewer line in the landscaped area of Block 5 (Apex NW)needs to be moved east to
the paved access road.
1.2 No sewer or water lines have been shown to the lots in Block 7 (Apex NW). Each lot will need to
have services provided.
1.3 Public Work's preference is to see all water utilities in the public right-of-way(R-O-W),where they
can easily be operated and maintained. If the utilities truly cannot be installed in the public right-of-
way,then our preference would be for utilities to be located in a dedicated and improved alley. If that
cannot be accomplished,the applicant should work with Public Works for further solutions that meet
both the developer's design constraints and Public Works'maintenance needs.
1.4 This development will need to be modeled at final plat to verify each phase meets minimum fire flow
pressures
1.5 From the preliminary geotechnical investigation of groundwater elevation provided in the application,
it appears that groundwater may not be a factor with the development of this subdivision. The initial
investigative report is dated April 8,2018, and additional data collection is recommended to confirm
actual groundwater levels. Updated data and recommendations from a geotechnical professional shall
be required with the submittal of construction design drawings.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to
and through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20-feet wide for a single
utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated
outside the plat process using the City of Meridian's standard forms. The easement shall be graphically
depicted on the plat for reference purposes. Submit an executed easement(on the form available from
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Item#5.
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.
2.4 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 prior to receiving
development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by
the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.6 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 addressed per UDC 11-3A-6.
In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other
applicable law or regulation.
2.7 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.
2.8 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.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road
base approved by the Ada County Highway District and the Final Plat for this subdivision shall be
recorded,prior to applying for building permits for the residential portions of the development.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,
landscaping, amenities, etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the City Engineer, an owner may post a performance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-
3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan approval
letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the
standards can be found at http://www.meridiancity.org/public works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of
125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to
final plat signature. This surety will be verified by a line item cost estimate provided by the owner to
the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.
Applicant must file an application for surety,which can be found on the Community Development
Department website. Please contact Land Development Service for more information at 887-2211.
2.23The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%
of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two
years. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety,which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT
Northwest:
https://weblink.meridiancity.org/WeUink/Doc View.asp x?id=189722&dbid=0&repo=MeridianCiiy&cr=1
Southeast:
https://weblink.meridiancity.org WWebLinkIDocView.aspx?id=189784&dbid=0&repo=MeridianCio!
D. POLICE DEPARTMENT
https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=190778&dbid=0&repo=Meridian CibX
E. PARK's DEPARTMENT
Northeast:
https://weblink.meridianciU.or lWebLink/Doc View.aspx?id=191486&dbid=0&repo=MeridianQU
Southeast:
https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=1914 8 7&db id=0&rep o=Meridia n City
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Item#5.
F. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridianciN.ofg WWebLinkIDocView.aspx?id=190290&dbid=0&repo=MeridianCiU
G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
Northwest:
https://weblink.meridianciU.ofglWebLinkIDocView.aspx?id=190975&dbid=0&repo=MeridianCiu
Southeast:
https://weblink.m eridia n c i ty.ory/WeUink/Doc View.aspx?id=19 09 7 7&db id=0&repo=Meridian City
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
AZ/RZ:
https://weblink.meridiancity.orQ/WebLinkIDocView.aspx?id=191226&dbid=0&repo=MeridianCioy
Northwest:
https://weblink.meridianciU.orglWebLink/Doc View.aspx?id=192784&dbid=0&repo=MeridianCiU
Southeast:
https://weblink.meridianciU.orkIWebLinkIDocView.aspx?id=192785&dbid=0&repo=Meridiancity
I. BOISE PROJECT BOARD OF CONTROL(BPBC)
https://weblink.meridianciU.org/WeUink/DocView.aspx?id=189951&dbid=0&repo=MeridianCitX
J. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
Northwest:
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=190512&dbid=0&repo=Meridian CitX
Southeast:
https://weblink.meridiancitE.orglWebLinkIDocView.aspx?id=190510&dbid=0&repo=MeridianCity
K. CENTRAL DISTRICT HEALTH DEPARTMENT
Northwest:
https://weblink.meridiancitE.org/WebLink/Doc View.aspx?id=190604&dbid=0&repo=Meridian CitX
Southeast:
https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=190605&dbid=0&repo=MeridianCity
L. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=190598&dbid=0&repo=MeridianCiU
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. hi order to grant an annexation and/or
rezone,the council shall make the following findings:
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1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposed zoning map amendment to RL-2-,-R-8, R-15& C-C and proposed
development is generally consistent with the Comprehensive Plan if the Applicant complies with the
provisions in Section IX.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Council finds the proposed single-family attached and detached homes with front-loaded and
alley-loaded options will contribute to the range of housing opportunities in the City; other residential
types may be provided with future phases of development.
The City Council finds the commercial portion of the property will provide for the retail and service
needs of the community in accord with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The City Council finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare.
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 zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
designatien in Me Gempi-ehensive Plan and thHs is. in the best intepest of the City.-Not applicable
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed preliminary plats, with recommended conditions, are in
substantial compliance with the adopted Comprehensive Plan in regard to land use, density,
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of
this report for more information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds that public services will be provided to the subject properties proposed to be
subdivided with development. (See Section IX of the Staff Report for more details from public service
providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because City water and sewer and any other utilities will be provided by the development at their own
cost, the City Council finds that the subdivision will not require the expenditure of capital improvement
funds.
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Item#5.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc).
(See Section IXfor more information)
5. The development will not be detrimental to the public health,safety or general welfare; and,
The City Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on this site
that require preserving.
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