Aviator Subdivision H-2020-0111 Findings Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N~
AND DECISION&ORDER A 1
In the Matter of the Request for Comprehensive Plan Map Amendment,Development Agreement
Modification, and Rezone of 9.8 acres of land for the purposes of returning the future land use
designation back to Medium-High Density Residential,to create a new Development Agreement
commensurate with the conceptual residential development, and Rezone the property to R-15 also
commensurate with the conceptual residential development,by The Land Group.
Case No(s).H-2020-0111
For the City Council Hearing Date of. March 9,2021 (Findings on March 23, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 9, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 9, 2021,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 9, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 9,2021, 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 § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Aviator Subdivision—FILE#11-2020-0111) - I - Page 180
Item#10.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 9,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Comprehensive Plan Map Amendment,Development Agreement
Modification,and Rezone are hereby approved per the conditions of approval in the Staff
Report for the hearing date of March 9,2021, 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 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Aviator Subdivision—FILE#11-2020-0111) -2-
Page 181
Item#10.
use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 March 9,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Aviator Subdivision—FILE#H-2020-0111) -3- Page 182
Item#10.
By action of the City Council at its regular meeting held on the 23rd day of March
2021.
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 3-23-2021
Attest:
Chris Johnson 3-23-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-23-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Aviator Subdivision—FILE#11-2020-0111) -4- Page 183
Item#10.
Exhibit A
STAFF REPORT (:: WE I
COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING March 9,2021 Legend
DATE:
Project Location �� m
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner
208-884-5533
SUBJECT: H-2020-0111
Aviator Subdivision h
LOCATION: The site is located near the northeast
corner of N. Black Cat Rd. and W.
Franklin Rd., directly north of Compass '-----
Public Charter School,in the SW '/4 of
the SW '/4 of Section 10,Township 3N.,
Range 1 W. VV
I. PROJECT DESCRIPTION
The Applicant has submitted requests for the following:
• Comprehensive Plan Map Amendment to return the subject site back to the future land use designation
of Medium-High Density Residential(MHDR) for the purpose of developing the site with residential
instead of a school site as previously approved;
• Rezone a total of 9.8 acres of land from the M-E zoning district to the R-15 zoning district to align with
the proposed map amendment; and
• Modification to the existing development agreement(Inst. #2018-079763) for the purpose of removing
the subject property from the boundaries and terms of the previous agreement and enter into a new one,
consistent with the proposed residential concept plan,by the Land Group, Inc.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 9.8 acres
Future Land Use Designation Mixed Employment—Ten Mile Interchange Specific Area
Plan(TMISAP).
Existing Land Use(s) Vacant
Proposed Land Use(s) Single-Family Residential
Lots(#and type;bldg./common) No plat is being requested at this time
Physical Features(waterways, Purdam Gulch Drain runs diagonal through site from the
hazards,flood plain,hillside) southeast corner to the northwest corner.Applicant intends
to tile a majority of this drain and realign it to make better
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Item#10.
Description Details Page
utilization of the property and green space with future plat
application.
Neighborhood meeting date;#of October 13,2020,on-site meeting—3 attendees
attendees:
History(previous approvals) H-2018-0048(Compass Charter School AZ,CPAM;DA
Inst.#2018-079763).
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Access is proposed via future extension of W.Aviator Street,
Hwy/Local)(Existing and designated as a towncenter collector street on the Master
Proposed) Street Map(MSM)and within the TMISAP(two lanes of
travel with on-street bike lanes). There is no plat proposed
with this application but there will be local street connections
off of the Aviator extension.
Traffic Level of Service Black Cat Road—Better than"B"(446/575 VPH)
W.Aviator Street—no known traffic counts at this time.
Stub Street/Interconnectivity/Cross Applicant is proposing to extend W.Aviator Street and bring
Access it through the subject site and stub it to the eastern property
boundary north of the irrigation district pump station in the
southeast corner of the site upon future submittal of a
preliminary plat.
Existing Road Network W.Aviator ends in a temporary turnaround approximately
200 feet along the property's southern boundary.Next closest
street is N.Black Cat Road,an arterial,and is in the ACHD
CIP for widening in 2031-2035.
Proposed Road Improvements Applicant is not proposing any road improvements at this
time.When a preliminary plat is requested in the future,the
applicant will be required to extend W.Aviator Street and
stub it to their east property boundary.
Distance to nearest City Park(+ Fuller Park(21.96 acres)— 1.3 miles by foot;approximately
size) 1.7 miles by vehicle.
Fire Service
Comments Because no plat is being proposed,MFD did not offer any
comments at this time.In general,project will be limited to
no more than 30 homes off of singular access unless all
homes are s rinklered.
Police Service
• Distance to Station Approximately 5 miles from Meridian Police Department
• Response Time Approximately 4 '/2 minute response time to an emergency.
• Call Data Between 12/1/2019- 11/30/2020,the Meridian Police
Department responded to 1,209 calls for service within a mile
of the proposed development. The crime count on the calls
for service was 111. See attached documents for details.
Between 12/1/2019- 11/30/2020,the Meridian Police
Department responded to 35 crashes within a mile of the
proposed development.
• Additional Concerns None
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11
Item#10.
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification l/l/2021 2/19/2021
Radius notification mailed to
properties within 500 feet 12/29/2020 2/16/2021
Public hearing notice sign posted
1/11/2021 2/24/2021
on site
Nextdoor posting 12/29/2020 2/16/2021
V. STAFF ANALYSIS
A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM)
The Applicant is requesting to modify the comprehensive plan map for the subject parcel in order to
allow for residential zoning and uses instead of Mixed Employment or other industrial uses. The current
future land use is Mixed Employment which encourage research and development, office, light-
industrial,information, and other ancillary commercial uses. Instead,the applicant is requesting to return
the property to its original future land use of Medium-High Density Residential(MHDR). This
designation allows for a mix of dwelling types including townhouses,condominiums, and
apartments. Residential gross densities should range from eight to fifteen dwelling units per
acre. 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 subject 9.8 acres were annexed into the City of Meridian in 2018 with the Compass Charter School
application and received CPAM approval at that time to change the underlying land use from medium-
high density residential to mixed employment. The 2018 request and subsequent approval to change the
fixture land use from residential to more of a commercial or industrial land use was so the new school
could be constructed and an adjacent county landscaping business could be annexed into the City and
still comply with code. Currently,these mixed employment parcels are the outliers in an area surrounded
by parcels designated for medium-high and high density residential.
At the time, it was determined that the map change was applicable because the subject parcel was
conceptually shown with a sports field,track, and stadium and was the school's avenue for annexation
into the City of Meridian in 2018. However,in 2020, Compass Charter received approval to modify their
concept plan and Development Agreement to move their sports field to a more adjacent parcel to the new
school. Therefore,this 9.8 acre parcel is no longer part of the long-term plan for the school and was
subsequently sold to its current owners.
In addition to the outcomes of the subject parcel,directly west of this site Hensley Station is currently
under construction as a medium-high density residential subdivision and less than a half mile to the east
of the subject site additional high-density residential projects are currently underway. In addition,
directly south of Franklin Road is a larger area of the Ten Mile Plan with a mix of residential,
commercial, employment,and industrial zoning. If this parcel is to remain with its current zoning and
future land use, Staff believes it would essentially be a random area of commercial zoning and would be
very difficult to properly mitigate any noxious uses from occurring.
Because the Applicant is proposing to return the parcel back to its original future land use designation
and become a more compatible land use to its neighbors, Staff supports the requested map amendment.
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Item#10.
B. DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The subject parcel is still subject to the existing Development Agreement and concept plan from the
Compass Charter School annexation(Inst. #2018-079763)that shows this site containing the football
field,track, and stadium for Compass Charter. As noted,the school is no longer going forward with this
plan and received other approvals from the City to annex an adjacent parcel and construct a play field on
it instead. Therefore,in conjunction with the CPAM to change the future land use from mixed
employment to residential,this DA Modification request is for the purpose of removing this parcel from
that agreement to enter into a new agreement consistent with the proposed residential concept plan(see
Section VII.
The proposed concept plan includes the required extension of W. Aviator Street along its southern
boundary and then its eventual stub to the east property line within the property. Further analysis of this
extension is below in the Rezone analysis. In addition,the concept plan shows single-family attached
homes that are a mix of alley-loaded and front loaded homes; a large number of the homes are proposed
to have front porches facing green space within the development and along the buffer to W. Aviator. The
applicant is showing a local street that loops through the site and connects to Aviator near the southwest
and southeast corners of the property allowing for an easy flow of traffic through the site. If the
Applicant does not receive the requested map amendment approval,this concept plan,requested R-15
zoning, and conceptual residential use would become null and void.
Because the development plan for this site has completely changed from the school site development
previously approved and the terms of the agreement are therefore no longer applicable, Staff is amenable
to the request for a new DA to replace the existing agreement based on the proposed concept plan;the
provisions for the new DA are included in Section VIII.A.1 and the concept plan for the overall site is
included in Section VII.D.
REZONE(RZ)
Lastly,the Applicant is requesting a Rezone of the 9.8 acre parcel, currently zoned Mixed Employment
(M-E). This request hinges on the approval of the Comprehensive Plan Map Amendment from Mixed
Employment to Medium-High Density Residential(MHDR). If the map amendment is approved,the
Applicant is requesting to rezone this property to the R-15 zoning district to allow for a future single-
family residential development—no preliminary plat application is being proposed at this time because
development of the property as residential hinges solely on receiving the map amendment approval.
As discussed in the CPAM analysis section above, Staff is supportive of a residential development at this
location. This property also lies within the Ten Mile Interchange Specific Area Plan (TMISAP) and the
Applicant has revised the concept plan numerous times in order to better meet the guidelines and
preferences of the Ten Mile Plan. Specifically, the Applicant's concept plan depicts a mix of homes that
will be alley-loaded or rear-loaded with the dwellings fronting on green space and homes that are more
garage dominant. However, even the garage dominant units are proposed to meet the Ten Mile Plan by
bringing the building closer to the street to establish a more uniform street presence and support a
pedestrian environment as seen in the conceptual elevations and floor plans in Section VILE. Specific
guidelines and policies within the Ten Mile Plan and the general Comprehensive Plan will be analyzed
with a future preliminary plat.
However, because the Applicant is not concurrently applying for a preliminary plat, these conceptual
elevations,floor plans, and site plan will be made part of the Development Agreement to ensure
substantial compliance with what is currently being proposed. Furthermore, Staff believes the proposed
elevations are more in line with the Ten Mile Plan than previous iterations. Staff anticipates some
tweaks to the site plan but nothing substantial-if the site plan changes substantially, a new DA
Modification application will be required.
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Item#10.
Transportation:
Concept plans within Development Agreements are heavily driven by road layouts and the transportation
element of society. Therefore, it is important to discuss access for this project in a separate section within
this staff report regardless of the fact no preliminary plat is currently being proposed. Access is proposed
via extension of a collector street(W.Aviator Street)and a subsequent local street off of said collector.
W. Aviator currently provides one of the accesses to the Compass Charter School and will provide
access to Hensley Station Subdivision, directly west of the subject site. Due to the pattern of
development,Aviator will only be extended to the east boundary of the subject site and not connect to
any other major road until such time that more parcels develop to the south and east of the subject site.
This is one more reason why the Applicant is not choosing to submit a preliminary plat at this time.
Because of this,it is imperative that the conceptual layout of Aviator is well thought out and shown in a
position that allows for fair and convenient extension in the future.
The original concept plan submitted by the Applicant depicts Aviator continuing on its current path and
heading due east through two parcels that are not currently annexed into the city and terminating at the
western boundary of an irrigation parcel with unknown owners (a parcel containing a segment of the
Purdam Gulch Drain). Both City Staff and ACHD believe this conceptual configuration for Aviator
would be both costly and very difficult to execute because it would have to cross the drain in more than
one location and there is no guarantee those permits would be allowed by its administrator.
Staff shared these concerns with the Applicant and they revised the concept plan to show a more
appropriate extension ofAviator. Staff is appreciative of the Applicant's ability to work with Staff and
revise the layout for the above reasons. The revised concept plans (Section VII.D) now show Aviator
heading northeast into the parcel from its terminus in front of the Compass Charter expansion, crossing
the drain once, and then stubbing to the east property line north of the irrigation pump station in the
southeast corner of the subject site. This new configuration allows for future extension ofAviator to
occur without a need to cross the drain again and not require this Applicant to acquire land from the
two county parcels to its south. This new layout generally depicts the same internal layout with some
shifting of the site to the east to accommodate easements. In addition, the revised concept plan appears
to lose much of its central green space but has more green space in other areas of the site. If possible,
with future development applications, the Applicant should work to utilize more of the site to provide
more central open space. The revised road layout and land area lost to right-of-way may lend itself to a
mix of single family and multi family to help the property reach the density range for MHDR. Staff
believes tying the DA to this revised concept plan is applicable but all parties should be aware that any
significant changes will require a future DA Modification application.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Comprehensive Plan Map Amendment,modification to the
existing Development Agreement,and Rezone per the provisions included in Section VIII in accord with
the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard these items on February 4,2021.At the
public hearing,the Commission moved to recommend approval of the subject Comprehensive
Plan Map Amendment,Development Agreement Modification,and Rezone requests.
1. Summary of Commission public hearing:
a. In favor: Kristen McNeill, The Land Group; Matthew Adams, The Land Group
b. In opposition:None
c. Commenting: Kristen McNeill; Matthew Adams
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Item#10.
d. Written testimony: One item from Mrs. Bowery—Applicant clarified neighbor's
questions prior to the hearing and she was satisfied with the answers.
e. Staff presenting application:
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission.
a. Location of drain on property and whether it is intended to be relocated,piped, or both;
b. Willingness of Nampa-Meridian to allow any section of the drain to be piped—
Applicant has had preliminary discussions with irrigation district and the,, are in
support;
c. Concern of future plat and its layout in regards to open space and the common drive
shown.
4. Commission change(s)to Staff recommendation:
a. None
5. outstandingissue(s)ssue(s) for City Council:
a. The Applicant has not provided Planning Staff with revised rezone exhibits as noted in
the conditions of approval.
C. The Meridian City Council heard these items on March 9,2021. At the public hearing
Council moved to approve the subject Comprehensive Plan Man Amendmen,Development
Agreement Modification. and Rezone requests.
1. Summary of the City Council public hearing:
a. hi favor: Kristen McNeill,Applicant,The Land Group
b. In opposition: Jane Byam,resident
c. Commenting: Kristen McNeill,Jane Byam
d. Written testimony:None following Commission hearing
e. Staff presenting application: Joseph Dodson,Associate Planner
f Other Staff commenting on application: Bill Nary, City Attorney
2. Key issue(s)of public testimony:
a. Density of the proposed concept plan when adjacent roads have not vet been widened:
b. Issues surrounding changing the comprehensive plan map•
3. Key issue(s)of discussion by City Council:
a. Level of traffic on nearby roads with existing development, specifically the charter
school traffic,and how would Staff project future road layouts and improvements to
occur surrounding subject
b. Why is the Applicant not proposing a plat concurrently with the other applications:
c. What is the benefit to the City to amend the comprehensive plan map and change the
subject site's designation to medium-high density residential—moreover,is this change
a reflection of what was there previously or is it a change of the Mixed-Employment
designation:
d. How does the-sub ject site fit with the adjacent parcels that are also medium-high density
residential on the FLUM
4. City Council change(s)to Commission recommendation:
a. None
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Item#10.
VII. EXHIBITS
A. Conceptual Development Plan Included in Existing Development Agreement
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Item#10.
B. Rezone Legal Description and Exhibit Map
LEGAL DESCRIPTION
■s � Page 1 OF 1
LAND
GROUP
November 10,2020
Project No.:120D35
R/Z EXHIBIT
CITY OF MERIDIAN
REZONE FROM M-E TO R-15 DESCRIPTION
An area of land situate in Southwest Quarter of Section 10,Township 3 North,Range 1 West,Boise
Meridian,Ada County,Idaho,being more particularly described as follows:
COMMENCING at the West Quarter Corner of said Section 10[from which the Southwest Corner of said
Section 10 bears South 00"38'57"West,2653.05 feet distant];Thence on the west section line of said
Section 10,South 00°38'57"West,1565.22 feet;Thence leaving said west section line,South 89'15'44"
East,25.00 feet to a point common with the easterly right of way line of North Black Cat Road and the
northerly right of way line of West Aviator Street;Thence on said northerly right of way line,South
89"1544"East,470.45 feet to the POINT OF BEGINNING:
Thence leaving said northerly right of way line,North 00°36'41"East,626.77 feet to a point on
the centerline of the 200 foot right of way of the Union Pacific Railroad;
Thence Dn said centerline right of way line,South 88'25'50"East,824.18 feet;
Thence leaving said centerline right of way line,South 00"36'4 1"West,614.80 feet;
Thence North 89'15'44"West,101.63 feet;
Thence North 00'44'16"East,46.00 feet;
Thence North 89'15'44"West,32.00 feet;
Thence South 00'44'16"West,46.00 feet;
Thence North 89'15'44"West,484.59 feet to a point common with the northerly and easterly
right of way line of West Aviator Street;
Thence on said easterly right of way line,South 00'36'4 1"West,27.50 feet to the centerline of
said West Aviator Street;
Thence on said centerline of West Aviator Street,North 89'15'44"West,205.91 feet;
Thence leaving said centerline,North 00'44'16"East,27.50 feet to the POINT OF BEGINNING.
The above described area of land contains 11.84 acres,more or less.
PREPARED BY: ",pl.LAJy
The Land Group,Inc. WH O��GENSE G�
Michael Femenia,PLS
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402 East Shore Drive.Suite 100,Eagle,Idaho 83616 208-939.4041 ihelandgrouplm-rom
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Item#10.
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Date of Issuance:Number 10,2020
Page 10
Page 193
Item#10.
C. New Concept Plan(date: 8/03/2020)NOT APPROVED
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Item#10.
D. Revised Concept Plan and Revised Road Layout(dated: 1/13/202 1)
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Page 12
Item#10.
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Page 13
Page 196
Item#10.
E. Conceptual Building Elevations and Floor Plan
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Page 14
Page 197
Item#10.
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Conceptual Neighborhood Housing Type Oetration
Page 15
Page 198
Item#10.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Development Agreement Modification:
1. The subject property shall no longer be subject to the terms of the existing Development Agreement
(DA) (Inst. #2018-079763)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 approval of the rezone. The new DA shall include the following provisions:
a. Future development of this site shall be generally consistent with the conceptual site plan,
conceptual road layout, and conceptual elevations and floor plan exhibits included in Section VII
and the provisions contained herein.
b. Future development shall comply with the ordinances in effect at the time of application
submittal.
c. Future development of this site shall be generally consistent with the neighborhood design
elements outlined in the Ten Mile Interchange Specific Area Plan(TMISAP) and the guidelines
for the Medium-High Density Residential future land use designation within the TMISAP.
d. Future residential development shall be constructed within a gross density range of 8-12
dwelling units per acre.
e. The Applicant shall construct W.Aviator substantially consistent with the configuration shown
on the Revised Road Layout(Exhibit VII.D).
f. No building permits shall be issued for this development until the property has been subdivided.
g. At least ten(10) days prior-to the City Couneil heafing, The ApplieafA shall submit r-evi
Rezone legal deser-iptions that inelude the NMID pump station pafeel th4 was illegally sp14
from this pafeel in the past.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 No proposed changes to public sewer and water Infrastructure have been presented within this
record. Any changes or modifications,to the Public Sewer Infrastructure, shall be reviewed and
approved by Public Works.
C. POLICE DEPARTMENT
https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=218962&dbid=0&r0o=MeridianCiV&cr
=1
D. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=218983&dbid=0&r0o=MeridianCitX
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=219210&dbid=0&r0o=MeridianCitX
Page 16
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Item#10.
IX. FINDINGS
A. Comprehensive Plan Map Amendment(UDC 11-511-71))
Upon recommendation from the commission,the Council shall make a full investigation and shall,at the
public hearing,review the application. In order to grant an amendment to the comprehensive plan,the
council shall make the following findings:
1. The proposed amendment is consistent with the other elements of the comprehensive plan.
Council finds the proposed map amendment is consistent with other elements of the comprehensive
plan as discussed in Section V.
2. The proposed amendment provides an improved guide to future growth and development of
the city.
As outlined in Section V, Council finds the proposed map amendment is an improved guide to future
growth for the subject property.
3. The proposed amendment is internally consistent with the goals,objectives and policies of the
comprehensive plan.
Council finds that due to the adjacent development and order of development, the proposed map
amendment will be consistent with the comprehensive plan.
4. The proposed amendment is consistent with this Unified Development Code.
No development is proposed with this application but Council finds the proposed use of residential is
consistent with the Unified Development Code.
5. The amendment will be compatible with existing and planned surrounding land uses.
Council finds the map amendment makes the subject property more compatible with existing and
planned surrounding land uses.
6. The proposed amendment will not burden existing and planned service capabilities.
Because the Applicant will provide public utility extensions at their own cost with future
development applications, Council finds the proposed map amendment will not burden any service
capabilities.
7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that
allows sufficient area to mitigate any anticipated impact associated with the development of
the area.
Council finds the proposed map amendment allows sufficient area to mitigate any anticipated or
unanticipated impacts associated with future development of the site.
8. The proposed amendment is in the best interest of the City of Meridian.
As outlined in Section V, Council finds the proposed map amendment is in the best interest of the
City.
B. Annexation and/or Rezone (UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
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Item#10.
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds the Applicant's proposal to rezone the 9.8 acre property to the R-15 zoning district is
consistent with the requestedfuture land use designation ofMedium-High Density Residential as noted
above in Section V.B with Staffs recommended provisions.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment and concept plan comply with the purpose statement of
the residential district in a conceptual nature as no specific development is currently proposed.
3. The map amendment shall not be materially detrimental to the public health,safety,and
welfare;
Council finds the proposed map amendment should not be detrimental to the public health, safety
and welfare as the proposed use should be compatible with adjacent existing residential properties
to the west and the school property to the south.
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
Council finds City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
Council finds the proposed rezone is in the best interest of the City.
Page 18
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