Apex East Subdivision H-2021-0086 (2022-018711) DA ADA COUNTY RECORDER Phil McGrane 2022-018711
BOISE IDAHO Pgs=40 BONNIE OBERBILLIG 02/23/2022 10:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Brighton Development, Inc. Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 22nd
day of February '2022 'by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and Brighton Development, Inc., whose address is 2929 W. Navigator Way, Suite 400,
Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS,Owner/Developer has submitted an application for a modification
of an existing Development Agreement (Instrument # 2016-007075) and a
rezone on the property as shown in Exhibit"A"under the Unified Development
Code,which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
DEVELOPMENT A(,RV,'FMf-Nl'—APFx FACT Cl JSFAVISJON(T,,J-?O?I-n096) PAGE I or 7
I I
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 25t' day of January, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,The Property contained in Exhibit"A"shall no longer be subject
to the terms of the existing Development Agreement(Inst. #2016-007075) or
any prior development agreement and shall be bound only by the terms
contained in this Agreement.
1.11 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INC'OR1PORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFIN➢TIONS: For all purposes of this Agreement the following words,terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Brighton Development,Inc.,
whose address is 2929 W. Navigator Way, Suite 400, Meridian, ID 83642
DFVFLOPMFNT AGRFFMFwT-APFX EAST SUBDIVISION(H-?0?1-0086) PAGE 2 OF 7
hereinafter called OWNER/DEVELOPER, the party that owns and is
developing said Property and shall include any subsequent owner(s) and/or
developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES (PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of the property shall comply with the ordinances in the Meridian
City Code in effect at the time of development. Future development of this site shall
comply with the preliminary plat, phasing plan, landscape plan and be conceptual
building elevations for the single-family dwellings included in Section VII of the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto as
Exhibit`B", and the provisions contained herein.
b. The rear and sides of the 2-story structures that fact E. Lake Hazel Road or S.
Recreation Avenue shall incorporate articulation through changes in two or more of the
following:modulation(e.g.projections,recesses,step-backs,pop-outs),bays,banding,
porches, monotonous wall planes and roof lines. Single-story structures are exempt
from this requirement.
C. Required street frontage improvements along E.Lake Hazel Road and the construction
of S. Recreation Way including pathways and landscape buffers shall be constructed
with the first phase of construction.
6. COMPLIANCE (PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL, OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
DEVELOPMENT AGREEMENT-APEX EAST SUBDIVISION(H-2021-0086) PAGE 3 OF 7
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt of written notice from City
to initiate commencement of action to correct the breach and cure the default,which
action must be prosecuted with diligence and completed within one hundred eighty
(180) days; provided,however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INS PEECT iON: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy,notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
DEVELOPMENT AGREEMENT-APEX EAST SUBDIVISION(H-2021-0086) PAGE 4 OF 7
Item#13.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third
reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby,the City shall execute
and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agree to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed,completed,and accepted by the City,or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOVICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Brighton Development, Inc.
2929 W. Navigator Way, Suite 400
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 5 OF 7 Page 265
Item#13.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence
of termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF T1HI lE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending
such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 6 OF 7 Page 266
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS/DEVELOPER:
Brighton Development Inc.
By:
CTI'Y OF ICIER➢®RAID ATTEST:
By:
Mayor Robert E. Simison 2-22-2022 Chris Johnson, City Clerk 2-22-2022
STATE OF IDAHO )
ss:
County of Ada )
On this —day of LIB 20a;.before me,the undersigned,a Notary PubA in and for said State,
personally appeared 'b. 9)a..rc( [C known or identified to me to be the s�cL of
Brighton Development,Inc. and the person who signed above and acknowledged to me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
ECN.t.,y
RIVAUGHAN
lic-State of Idaho Notary Public for
Number 20181002 Residing at: e
n Expires Jun 1, 2024 My Commission xpires: G- (- ap 34
STATE OF IDAHO )
SS
County of Ada )
On this 22 day of February , 20 22, before me, a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 7 OF 7
Item#13.
Eachibit A
Legal IRescriptian for Rezone to 118
A parcel of Jand being a portion of Government Lot 2 and a portion of the Southwest 1/4 of the
Northeast 1/4 of Section 5,Township 2 North,Range 1 East,B.M., City of Meridian, Ada County,Idaho
being more particularly described as follows:
Beginning at a brass cap marking the North 1/4 corner of said Section 5,which bears N89'56'45"W a
distance of 2,659Z6 feet from an aluminum cap marking the Northeast corner of said Section 5,thence
following the northerly line of said Government Lot 2,S89'56'45"E a distance of 287.51 feet to a 5/8-
inch rebar;
Thence leaving said northerly line,5(}0'W42"W a distance of 104.38 feet to a point on the centerline of
the Farr Lateral, said paint being witnessed by a 5/8-inch rebar which Bears N00"00'42"E a distance of
40.76 feet from said point;
Thence following said centerline the following five(5)courses:
1. 569"11'54"E a distance of 194.76 Feet;
2. 15161 feet along the arc of a curve to the right,said curve having a radius of 200.00 feet,a
delta angle of 44"00'19",a chord bearing of 547"11'44"E and a chord distance of 149.8E feet,
3. 525'11'35"E a distance of 135.17 feet;
4. 522'29'45"E a distance of 1,518.71 feet;
5. 5449"59'18"E a distance of 27.38 feet;
Thence leaving said centerline,50U"59'12'I a distance of 31,97 feet to a 5/8-inch rebar,
Thence N65'00'09"W a distance of 64.53 feet to a 5/8-inch rebar;
Thence N46'01'41"W a distance of 379.52 feet to a 5/8-inch rebar;
Thence S68'36'58"W a distance of 694.76 feet to a 5/8-inch rebar;
Thence S42"57'43"W a distance of 108.59 feet to a 5/8-inch rebar;
Thence N78'31'11"W a distance of 191.55 feet to a 5/8-inch rebar on the westerly line of the Northwest
1/4 of said Section 5;
Thence following said westerly line, N00'01'10"E a distance of 1,854.56 feet to the POIf4T OF
BEGINNING.
Said parcel contains a total of 32,21 acres, more or less,and is subject to all existing,easernents and/or
rights-of-way of record or implied.
Attached hereto is Exhibit 8 and by this reference is made a part hereof.
L_ %1,
Page 12
Page 268
Item#13.
-- NE CORNER SECTION 5
E. Lake Hazel Rd. rOUND ALUMINUM CAP
BASIS OF BEARING 32 33
N89`56'45"W 2659,06'
POINT OF BEGINNING 2$7,51' I —44.7G' INC 2371.55'— 5 4
S
N 1f CORNER
NEEGTIGN 6 PE,S 4993
FOUND BRASS CAP 25' PRES{CFIPTIVE
RIGHT-OF-WAY
i
Unpiatted
h
Rezone Area: 32.21±AC Subdivision
dRar ranccn
SCS investments LLC
S1405120902 (Portion)
Current Zoning: R4 CL FARR LATERAL
Proposed Zoning: R8
LINE TAB LE
•.UD
LINE BEARIPIG DISTANCE
L
°Q E} SO'D0'42'V 104.38
T L2 S69-11'54"E 194.765
L3 S2 11'35-E 135.17
03
L4 549'59'18"F- 27.38
C)
2 L5 SQ-59'12"E 31.97
L6 N65'00'09"W 54.53
L7 S42'57'43"1N 1 GS-55
Unplatted 1-8 N78'31'!VW 191.55
L4
Unplatte ,
Le
N
0 300 600 900
Plan Scalc 1" -300'
Page 13
Page 269
item#�s. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW Cjf[EN
DIAl`T:-~'
AND DECISION& ORDER(REVISED)
In the Matter of the Request to Rezone 32.21 Acres of Land from R-4 to the R-8 Zoning District,
and Development Agreement Modification to Create a New DA to Develop the Proposed
Preliminary Plat Consisting of 97 Residential Building Lots and 14 Common Lots,by Brighton
Development.
Case No(s).H-2021-0086
For the City Council Hearing Date of: January 11,2022(Findings on February 15,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 11, 2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 11, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of January 11,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 11, 2022, 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(APEX EAST—FILE#H-2021-0086) - I - Page 270
Item#13.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 11, 2022, 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 rezoning,preliminary plat and development agreement modification
is hereby approved per the conditions of approval in the Staff Report for the hearing date of
January 11, 2022, 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 11-6B-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 11-6B-7B).
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 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(APEX EAST—FILE#H-2021-0086) -2-
Page 271
Item#13.
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 January 11,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(APEX EAST—FILE#H-2021-0086) -3- Page 272
By action of the City Council at its regular meeting held on the 15th day of
February 92022.
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: 2-15-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(APEX EAST-FILE#H-2021-0086) -4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/11/2022 legend
DATE:
TO: Mayor&City Council
FROM: Alan Tiefenbach _ 4
208-884-5533 '
f
5
SUBJECT: MDA, PP, RZ -H-2021-0086 — J
Apex East Subdivision
LOCATION: Parcel#51405120902, located on the
south side ofE. Lake Hazel Road ________ ________�
between S. Locust Grove Road and S.
Eagle Road -
I. PROJECT DESCRIPTION
Request to rezone 32.21 acres of land from R-4 to the R-8 zoning district, development agreement
modification to create a new DA to develop the proposed preliminary plat consisting of 97 residential
building lots and 14 common lots.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 32.21
Future Land Use Designation Medium Density Residential 8-12 du/acre
Existing Land Use(s) Vacant
Proposed Land Use(s) Single Family Residential
Lots(#and type;bldg./common) 97 building lots, 11 common lots,3 common driveway lots
Phasing Plan(#of phases) 2 phases
Number of Residential Units(type 97
of units)
Density(gross&net) 3 du/ac gross, 5.1 du/ac net
Open Space(acres,total 7.05 acres of qualified open space(21.89%)
[%]/buffer/qualified)
Amenities Two one-acre parks,tot lot,picnic area,pathway along the
southern property line.
Physical Features(waterways, Farr Lateral parallels the east property line.
hazards,flood plain,hillside)
Neighborhood meeting date;#of September 1,2021,no attendees
attendees:
History(previous approvals) AZ H-2015-0019,DA Inst.2016-007075
Page 1
Page 274
Item#13.
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) No
Access(Arterial/Collectors/State Access will occur from S. Recreation Ave(a new
Hwy/Local)(Existing and Proposed) collector)via E.Lake Hazel Rd.
Stub Street/Interconnectivity/Cross Two stubs—one to the south and one to the east(both
Access connect to presently undeveloped properties).
Existing Road Network E.Lake Hazel Rd
Existing Arterial Sidewalks/ None along the subject property.25 ft.wide buffer is
Buffers required along E.Lake Hazel Rd.,20 ft.wide buffer
required along S.Recreation Ave. 10 ft.pathways will be
constructed along E.Lake Hazel Rd. and both sides of S.
Recreation Ave.
Proposed Road Improvements The applicant will be constructing S.Recreation Ave. from
E.Lake Hazel Rd.to a cul-de-sac at the south property
line.
Fire Service
• Distance to Fire Station 3.1 miles to Fire Station 4.Will be adjacent to Fire Station
7 when it is constructed.
• Fire Response Time Presently>5 minutes,will change when Fire Station 7 is
completed.
• Resource Reliability >78%
• Risk Identification 2,resources are not adequate
• Accessibility Yes
• Special/resource needs Aerial device will be required
• Water Supply 1,000 gpm required
• Other Resources None
Police Service
• No comments
Wastewater
• Flow is committed
• Applicant must ensure no sewer services pass through infiltration trenches.
Water
• Distance to Water Services 0
• Pressure Zone 5
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Comments • Eliminate the water main in E Wickham St. and install it
in the common driveway at the northwest corner into S
Recreation Ave.
• Coordinate with the CDA project to stub water main
from S Recreation Ave.to the common drive.
Page 2
Page 275
Item#13.
Project Area Maps
Future Land Use Map Aerial Map
r
Legend Legend
P*ojec+Lcc€ion a'F•o"e a, L.,3 f.,,
tits filed-Hig ity
Residenfial I°
1
- 1
Ldw D en ity
ReSldenfl0l—
AN*dlUnti -
Residenfi�ll l ti
Zoning Map Planned Development Map
Legend Legend
Pmjecl Lccfllkcn P. jec*Loc€�ior 0
1
R-15 _
R-1:S
R- RUT I
4.0 R- ' } ❑
R-4 _ o l
R�8
R-8 mom
RUT
R-4 _
Page 3
Page 276
Item#13.
III. APPLICANT INFORMATION
A. Applicant Representative:
Josh Beach,Brighton Development Inc.—2929 W.Navigator Wy, Boise, ID 83713
B. Owner:
Brighton Development—2929 W.Navigator Wy,Boise,ID 83713
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/30/2021
Radius notification mailed to
properties within 300 feet 11/12/2021
Nextdoor posting 11/28/2021
Sign Posting 12/02/2021
V. STAFF ANALYSIS
The property was annexed and zoned R-4 as part of the South Meridian Annexation(H-2015-0019).
This annexation consisted of 1322.14 acres of land.There were numerous development agreements
associated with this annexation; each development agreement was specific to the property being
annexed.
The subject property is governed by the Murgoitio Development Agreement(Inst.#2016-007075).
This DA allows County operations to continue until the property is developed.At the time the
property was annexed,the City anticipated the rezone and platting of the subject property. Prior to
any development,the DA requires a development plan be approved and anew DA created at no cost
to the applicant.
A. Development Agreement Modification
Section 4.2 of the development agreement states"no change in the uses specified in this
Agreement shall be allowed without modification of this agreement."
Section 20.1 of the DA states "no condition governing the uses and/or conditions governing re-
zoning of the subject property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment."
Section 5.1.2 of the development agreement states `future development of the property shall
comply with all bulk, use and development standards of the R-4 zoning district."
The purpose of this DA Modification is to include the proposed preliminary plat,landscape plan
and proposed elevations as the approved development plans for the property.
If the property were rezoned to R-8 to allow the development as proposed,the new DA should
require compliance with the preliminary plat,landscape plan and conceptual building elevations
in the Exhibit section below.
Page 4
Page 277
Item#13.
B. Zoning:
This application proposes to rezone from R-4 to R-8. The property to the west(Discovery Park)is
zoned R-4. To the east of the property is land still within Unincorporated Ada County. To the
north of the property(across E. Lake Hazel Rd.)is R-40 and R-15 zoning.
The R-8 Zoning District requires a minimum lot size of 4,000 sq. ft. and minimum street frontage
of 40 ft. The Preliminary Plat Data Table for this proposal indicates a minimum lot size of 6,967
sq. ft. and an average lot size of 8,485 sq. ft. These are lot sizes which are smaller than the Keep
subdivision to the east,but larger lot sizes than the Impressive East Ridge and Lavender Heights
Subdivisions across E. Lake Hazel Rd. to the north. The lot sizes are well within the FLUM
designation of MDR,which allows densities of between 3-8 dwelling units per acre. The
minimum 40 ft. street frontage is exceeded on all lots.
C. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Medium Density Residential on the City's Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at
gross densities of three to eight dwelling units per acre. Density bonuses may be considered with
the provision of additional public amenities such as a park, school, or land dedicated for public
services.
As mentioned in the zoning section above,the gross density is 3 du/acre and the net density is
5.1 du/acre. This is well within and on the low end of the designated density for the site.
Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be
generally consistent with the Future Land Use Map designation of Medium Density Residential.
D. Comprehensive Plan Policies(https://www.meridianciiy.oc /g compplan):
• Encourage a variety of housing types that meet the needs,preferences, and financial capabilities
of Meridian's present and future residents. (2.01.02D)
The building elevations show a single-family attached product proposed for this development.
Single-family attached housing tends to result in a more affordable product, which is a more
attainable product for first time home buyers and/or younger families. This contributes to the
variety of housing types that meets the needs,preferences, and financial capabilities of
Meridian's present and future residents.
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)
The proposed plat depicts 5 ft. wide detached sidewalks on both sides of roads internal to the
subdivision, with 8 ft.parkways. There are also 10 ft. wide pathways on E. Lake Hazel Rd., along
both sides of S. Recreation Ave., and running along the south property line to the Farr Lateral
east of the site. The pathways provide a necessary link to the greater pathway system and provide
pedestrian access to Discovery Park across the street although staff believes a segment of the
southernmost pathway needs a slight realignment as described in the pathways section below.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
As mentioned above, 5 ft. wide detached sidewalks are provided along all internal roadways, and
there are 10 ft. wide pathways along both sides of S. Recreation Ave., E. Lake Hazel Rd. and the
south perimeter of the property to the Farr Lateral. The sidewalks stub to the east and south, and
Page 5
Page 278
Item#13.
the pathways provide connectivity to Discovery Park on the opposite side of S. Recreation Ave.
and future development to the south.
"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)
The development can be adequately served by critical public facilities and urban services. Water
and sewer will be extended from S. Recreation Ave. at the west.
• Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity. (6.01.02B)
This development does not take access from E. Lake Hazel Rd. (an arterial road). Two points of
access are proposed from S. Recreation Ave., a new collector that will be constructed by the
applicant and will also provide access to Discovery Park and the South Meridian Fire Station No
7 and Police substation. Two internal stubs to the south and east are being provided.
E. Existing Structures/Site Improvements:
The property is presently vacant.
F. Proposed Use Analysis:
Single-family dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC
Table 11-2A-2. Per UDC 11-513-8, design review is required for all new attached residential
structures of more than one unit.
G. Dimensional Standards(UDC 11-2):
The preliminary plat and future development is required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district.All proposed lots and public streets
appear to meet UDC dimensional standards per the submitted preliminary plat. This includes
minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of
the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in block
length to 1,000 feet if a pedestrian connection is provided.No block length exceeds 750 ft.
Three common driveways are proposed with this subdivision. The applicant has provided
common drive exhibits which demonstrate no more than 3 units are served whereas a maximum
of 4 units are allowed. The common driveways meet the minimum width of 20' and does not
exceed the maximum length of 150'. The common driveways show landscaping of at least five
feet wide along one side of each common driveway.
The elevations that were submitted suggest single family attached, although the plat as submitted
does not reflect an even number of lots and does not indicate which lots would contain the
attached product. Prior to Council,the applicant should revise the plat to depict the single family
attached lots(zero setback side lot lines).
Page 6
Page 279
Item#13.
H. Access(UDC 11-3A-3):
The property abuts E. Lake Hazel Rd.to the north, although it will not take access from this road.
Lake Hazel Road is improved with 2-travel lanes and there is no curb, gutter or sidewalk abutting
the site. There is 50-feet of right-of-way for Lake Hazel Road. Lake Hazel Road is planned to be
widened to 5-lanes from Locust Grove Road to Eagle Road between 2036 and 2040.
The plat proposes two access points from a new collector road(S. Recreation Ave.)which
parallels the west property line. Primary access will occur at approximately the middle of the
subject property's western property line(shown as E. Wickham Street). There will be a second
southern access which will align with a drive aisle into Discovery Park(shown on the plat as E.
Ambition Dr). S. Recreation Ave. will also provide primary access to Discovery Park as well as
the South Meridian Fire Station No 7 and Police Substation.Two stub streets are proposed at the
southeast portion of the property; one stubbing to the south and one stubbing to the east.
Per an Interagency Cooperative Development Agreement(Instr. 2016-007073), Brighton
Development is required to construct S. Recreation Ave. (the new north/south collector)from a
cul-de-sac at the south property line to Lake Hazel Road. They will also be required to install 10
ft. wide pathways on both sides of this collector.
ACHD has responded a traffic impact study is not required and has not submitted additional
comments as of time of this staff report.
I. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6 for single-family dwellings based on the number of bedrooms per unit. Future development
should comply with these standards.
J. Pathways ( UDC 11-3A-8):
The Meridian Pathways Master Plan shows a 10 ft. wide multiuse pathway running along the
site's northern property line and turning north(crossing E. Lake Hazel Rd.) at the site's eastern
property line. The Pathways Plan also shows a 10 ft. wide multiuse pathway along the western
side of S. Recreation Ave. The Plan shows another 10 ft. wide pathway connecting from S.
Recreation Ave to the Farr Lateral along the southern property line. The landscape plan indicates
10' ft. wide pathways along all these alignments. In addition, although not shown on the pathway
plan nor required by ACHD,the development also proposes a 10 ft. wide pathway on the east
side of S. Recreation Ave. as well.
Staff does think the southern pathway(connecting to the Farr Lateral) should align with the
eastern entrance into Discovery Park on the opposite side of S. Recreation Ave. (see the color
landscape plan in Section VII). Staff has concerns the westernmost segment of the pathway will
encourage people to cross S. Recreation Ave. out of a designated crosswalk or"cut across"the
open space in the vicinity of the Williams Pipeline Easement. Staff recommends the plat and
landscape plan be revised to provide a more direct and aligned connection between the
southernmost pathway and the entrance into Discovery Park.
Sidewalks(UDC 11-3A-17):
Five-foot detached sidewalks are proposed along internal streets in accord with the standards
listed in UDC 11-3A-17. All detached sidewalks include parkways which are meet the minimum
8 ft. with and are landscaped as required per I I-3A-17.
Page 7
Page 280
Item#13.
K. Parkways (UDC 11-3A-17):
Parkways are provided between the detached sidewalks and road on both sides of all local roads.
As mentioned above, all parkways meet the requirements of 11-3A-17 and 11-3B-7 including at
least 8 ft. in width and landscaped with at least 1 tree per 35 feet.
L. Landscaping(UDC 11-3B):
UDC 11-2A-6 requires 25 ft. wide buffers along arterial roads(E. Lake Hazel Rd.) and 20 ft.
wide buffers required along collector roads (S. Recreation Ave). The landscape plan reflects a
buffer of more than 75 ft. along E. Lake Hazel Rd., and a buffer of at least 50 ft. in width along S.
Recreation Ave. The detached pathways are in these buffers,there are parkways of at least 8 ft. in
width, and the landscape buffers meet the minimum planting requirements of 1 tree per 35 linear
feet. Internal sidewalks also contain parkways of at least 8 feet in width. As described below,
there are three parks provided with this subdivision that meet the density requirements of 1 tree
per 8,000 sq. ft. The landscape plan indicates there are no healthy existing trees meeting the
preservation requirements on the property.
M. Qualified Open Space (UDC 11-3G):
11-3G-3 has recently been revised to require 15%of qualified open space for properties within
the R-8 zoning district. The applicant has submitted an open space exhibit which reflects 21.8%
(7.05 acres)of qualified open space. This includes two one-acre parks at the south perimeter of
the property, a 1/2-acre park toward the center of the development, 100%of the collector buffers,
1/2 of the arterial buffer, and several trail corridors meeting the minimum requirements of 20 ft. in
width, 50 ft. long and with an access at each end.
The open space exhibit includes the 55 ft. wide Farr Lateral easement along the eastern property
line.UDC 11-3G-3B states protective buffers a minimum of ten feet(10')in width dedicated for
active access along laterals or ditches may count toward meeting the open space minimum
requirements. However, as presently shown, staff is unsure this area provides the"active access"
required to be counted as qualified open space. Because this lateral is behind existing homes, staff
also has concerns regarding visibility and whether this area would comply with Crime Prevention
Through Environmental Design(OPTED) standards. As a condition of approval, staff is
recommending that prior to Planning Commission,the plat and landscape plan be revised to
provide access to some or all of the open area shown along the Farr Lateral. Only areas accessible
and useable to the residents as open space should be included on the open space exhibit. Also, if
this area is to be credited as qualified open space, it should be landscaped as required by UDC 11-
3B unless otherwise prohibited by the irrigation district.
N. Qualified Site Amenities (UDC 11-3G):
Based on the area of the proposed plat(32.1 acres), 6 amenity points are required. This
application proposes two open space parks larger than one-acre (6 points), a'/2 acre parcel at the
center,a picnic area(2 points), a tot lot(1 point),and more than mile of multi-modal pathway
(4)points. This application exceeds the minimum requirements.
O. Waterways(UDC 11-3A-6):
The Farr Lateral runs along the eastern property line. The applicant has requested a waiver from
UDC 11-3A-6 which requires piping the lateral with the explanation that piping the lateral would
be cost-prohibitive. The landscape plan reflects turf sod in this area. Coordination will be ongoing
with the irrigation district managing the waterways to meet their requirements.
Page 8
Page 281
Item#13.
P. Fencing(UDC 11-3A-6, 11-3A-7):
The landscape plan includes a fencing plan. 6 ft.high wooden fencing is provided along the S.
Recreation Ave. landscape buffer,and along the side of interior trail connections adjacent to
residential lots (leaving them visible from the roads). Open style metal fencing is provided along
the portions of the open spaces visible from the internal roads, and along the portions of the Farr
Lateral that are not visible from E. Lake Hazel Rd. The fencing appears to meet the requirements
of 11-3A-6 and 11-3A-7.
Q. Utilities (UDC 11-3A-21):
Public services are available to accommodate the proposed development. Water and sewer will be
extended from S. Recreation Ave to the east.
A 75 ft. wide Williams Pipeline Easement is indicated at the southwest corner of the property.
The plat contains this easement within common lots. The landscape plan shows these common
lots landscaped with sod. There are no trees shown within this easement.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted building elevations of the single-family attached homes for this
project(see Section VI.F below).
The single-family attached homes are depicted as one and two-story structures with attached
garages and a variety of architectural elements and finish materials including gabled roofs,
covered porches, dormers,and lap siding. The submitted sample elevations appear to meet design
requirements for single-family homes but do not include elevations of the sides or rears of
structures.
A large number of the houses will be very visible from E. Lake Hazel Rd. and S.Recreation Ave.
Therefore, staff recommends a condition that the rear and/or sides of 2-story structures that face
E. Lake Hazel Rd. and S. Recreation Ave. 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. Single-story structures are exempt from this requirement.
Single-family attached structures require administrative design review approval prior to applying
for a building permit.
VI. DECISION
A. Staff:
1. Staff recommends approval of the requested rezoning, development agreement modification
and preliminary plat with the conditions noted in Section VIII.per the Findings in Section IX.
Page 9
Page 282
Item#13.
B. The Meridian Planning&Zoning Commission heard this item on December 16.2021. At the
public hearing.the Commission moved to deny the subject rezoning,preliminary=nlat and
development agreement modification request.
1. Summary of the Commission public hearing:
a. In favor: Josh Beach and Mike Wardle
b. In opposition:None
C. Commenting: Josh Beach and Mike Wardle.Josh Beach noted the elevations that were
submitted were the wrong elevations and the development would be entirely single
family detached.
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Wendy representing the Southern Rim Coalition commented that people are very
disappointed with the"steps ups"that were occurring. She mentioned citizens were not
aware of the development agreement that anticipated future rezonings. She mentioned
too much R-4 property was being rezoned to R-8, and allowing this rezoning would set
a precedent for additional requests for R-8 zoning.
b. Several other citizens testified in opposition with concerns beingdensity, and precedent
that would be set by continuing to rezone from R-4 to R-8.
3. Key issue(s)of discussion by Commission.
a. Commissioners expressed concerns with lots in the vicinity of the common drive at the
northwest portion of the property and there could be future issues with parking and
trash services. They also commented it appeared too many lots were"squeezed in
there."They suggested eliminating the common drive and creating more"pie shaped"
lots in this area and/or putting—a"knuckle"in there.
b. Commissioners suggested the applicant make additional adjustments in the circle
surrounding Lot 1,Block 6 to create more useable open space.
c. Commissioners commented that they would prefer the common drives to be eliminated.
d. Commissioners suggested putting a pathway adjacent to the Farr Lateral Easement,
directly behind all the houses to the east.
e. Commissioners did not support the precedent of continuing to rezone R-4 property to R-
8.
f. Commissioners noted most of this alreadv met R-4 standards, so they would prefer it
just be reconfigured to meet R-4.
4. Commission change(s)to Staff recommendation:
a. Commissioners recommended denial.
C. The Meridian City Council heard these items on January 11,2022. At the public hearing the
Council moved to approve the subject rezoning, preliminary plat and development agreement
modification requests.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle,Mike Wardle
b. In opposition: Wyn yn Webb with Southern Rim Coalition,Mary Affleck L .
C. Commenting: Jon Wardle and Mike Wardle
d. Written testimony: Melissa Phillips.Julie Edwards,Julie Langlois
e. Staff presenting application: Alan Tiefenbach
Page 10
Page 283
Item#13.
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Precedent from allowing"step ups in density"
b. Maintaining more R-4 properties
c. Lack of transparency from R-4 holding zones that are assumed to go to R-8.
C. Traffic and increased lighting
d. Loss of privacy
3. Key issue(s)of discussion by City Council:
a. Whether additional R-4 properties should be rezoned.
b. Whether the development could be reconfigured to meet R-4 standards
c. Whether it would be better to have more lots under R-4,or more open space if R-8 was
allowed with the development as shown.
d. There was significant discussion regarding school overcrowding and public
improvements Brighton had constructed.
e. Because the property was already entitled and annexed.the Council expressed concerns
regarding rding whether it was better for it to remain R-4 or let it be up-zoned to R-8 with the
development as shown.
f. What factors Southern Rim Coalition used to support or oppose a development.
4. City Council change(s)to Commission recommendation.
a. Council did not require a connection or open space within the Farr Lateral.
VII. EXHIBITS
A. Rezoning Exhibit(date: 10/11/2021)
Page 11
Page 284
Item#13.
Exhibit A
Legal IRescriptian for Rezone to 118
A parcel of Jand being a portion of Government Lot 2 and a portion of the Southwest 1/4 of the
Northeast 1/4 of Section 5,Township 2 North,Range 1 East,B.M., City of Meridian, Ada County,Idaho
being more particularly described as follows:
Beginning at a brass cap marking the North 1/4 corner of said Section 5,which bears N89'56'45"W a
distance of 2,659Z6 feet from an aluminum cap marking the Northeast corner of said Section 5,thence
following the northerly line of said Government Lot 2,S89'56'45"E a distance of 287.51 feet to a 5/8-
inch rebar;
Thence leaving said northerly line,5(}0'W42"W a distance of 104.38 feet to a point on the centerline of
the Farr Lateral, said paint being witnessed by a 5/8-inch rebar which Bears N00"00'42"E a distance of
40.76 feet from said point;
Thence following said centerline the following five(5)courses:
1. 569"11'54"E a distance of 194.76 Feet;
2. 15161 feet along the arc of a cun+e to the right,said curve having a radius of 200.00 feet,a
delta angle of 44"00'19",a chord bearing of 547"11'44"E and a chord distance of 149.8E feet;
3. 52S'11'35"E a distance of 135.17 feet;
4. 522°29'45"E a distance of 1,518.71 feet;
5. 5449"59'18"E a distance of 27.38 feet;
Thence leaving said centerline,500*59'12'1 a distance of 31.97 feet to a 5/8-inch rebar;
Thence N6S'00'09"W a distance of 64.53 feet to a 5/8-inch rebar;
Thence N46°01'41"W a distance of 379.52 feet to a 5/8-inch rebar;
Thence SGB"36'58"W a distance of 694.76 feet to a 5/8-inch rebar;
Thence S42"57'43"W a distance of 108.59 feet to a 5/8-inch rebar;
Thence N78`31'11"W a distance of 191.55 feet to a 5/8-inch rebar on the westerly line of the Northwest
1/4 of said Section 5;
Thence following said westerly line, N00'01'10"E a distance of 1,854.51E feet to the POINT OF
BEGINNING.
Said parcel contains a total of 32,21 acres, more or less,and is subject to all existing easements and/or
rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
Page 12
Page 285
Item#13.
-- NE CORNER SECTION 5
E. Lake Hazel Rd. rOUNE) ALUMINUM CAP
BASIS OF BEARINn 32 33
N89`56'45"W 2659,06'
POINT OF BEGINNING 287.51' 1 4C),7�a' 'PVC 2371.55'— � 5
N 1/4 CORNER
SECTION 5 PLS 4998
FOUND BRASS CAP 25' PRES{CFIPTIVE
BIGHT—OF—WAY
i
Unplatted
Rezone Area: 32.21±AC SubdivisionRaspdRancn
Ranch
SACS Investments LLC
S1405120902 (Portion)
Current Zoning: R4 CL FARR LATERAL
Proposed Zoning: Rg
- I
LINE TAB LE 0.
LINE BEARRIG DISTANCE
E} SO'DOr42'111 104.38 .
T L2 S6711'54ME 194.76 �
w
0 L3 S25-11'35-E 135.17
Y 03
L4 549'59'18"E 27-38
C)
L5 Sp'59'12"E 31.37
L6 N65'04'09"W 54-53
L7 S42'57'43'W 1 G&56
up platted 1-8 N78"31 1 V 191.55 ° �
01,
L4
55
Unplatte
Le
w
N.
0 300 600 900
Plan Scale: 1" 300'
Page 13
Page 286
Item#13.
B. Preliminary Plat(date: 10/�211/11/2022)
KMEMT214 OF SECTION 5,TO'4 N51-1IP 2 NORT'--I,FLArWCjiE 1 EA5T,$0 SE MERIDIAN,ADACQUFNTY,IOAHO,
i I ass,�wlul I
+J
-r-e �
i
S
-- �_-- 1. (D
i I
a L3C� 5%
iI .m slcrta�x x�i
�a ruaw i5 I I
riarsa�i+; 1 I
f'S � 5ii I iawarr,u
L N
i 9��WP 5 Iy
C]
4At
IS
C 4`7 +
a. i II
5 i I 5
5
Page 14
Page 287
Item#13.
C. Phasing Plan(Date: October 2021)
f1r L11 UilUlpI 4VLJVI V I01W014 IF fiLLI IVI I IYTIR I r-LmI
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOT 2 AND A PORTION OFTHE SOUTHWEST 1/4 OF THE
NORTHEAST 1/40F SECTION 5,TOWNSHIP 2 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADACOUNTY,IDAHO.
I I I
•15�LLki�. IiPPL'R�Q'�IS.i x44F I I2f,0exi w.
n� blBru1151CN xu i L—�— W I
w .
-
II 1
uramwxww F.nr - uF.f1Y:
aco+oTauaamcr t n,rartfremr
secrryar=1i 1�
F 5
Phase 39 Count -----`---
• Phase 2 58 Count ���
+. t
i + I
IA _—
�S 11 h
t
4
H �..ti � - I RfF011NSWlgY M.
a �a mmv�mnrc � i�iMTi:F 51
�fmseur Nsa :F I 1 I _-
c. wM6P4wx III
� I, SlYkI1H]P � 11
ama u.nR++ac
00.�R fMIS„?iPE -�% + I REAMIRIsi
11 na
Y 6NM IM ILlVIg1Y.IIiL1YWlde � c w,x,�ki n�!°� +
47 1
—
,�-9F�
I + I
I
� «F,
I
}'_�i� FyvOi[WFSli�infF[6�rE
SU�SS13J39L
I
Page 15
Page 288
Item#13.
Color Landscape Plan(date: 1 n"�21 l/l l/2022)
I
t# B I HT N
c;;W L NTUAL,5V BIECT TO C mANGE
� r1-
i F
i r
�y
E�. f�3krtYdrw ,
hWAIF
yy 1�
1
�i
Page 16
Page 289
Item#13.
Fence Exhibit(date: 1�1'�21 1/11/2022)
SYMBOLS DESCRIPTION
fl � J 6' HEIGHT STAINED CEDAR. SEE PPL4.0-6.
j r
5° HEIGHT OPEN VISION METAL FENCE. SEE PPL4.0-5.
f
I 5
7�
}
II
E3 1
�. 31, I
i �
I
I to 5
5
u
II3134,
S F l Y
5
I q
E.
Page 17
Page 290
Item#13.
F. Common Open Space Exhibit(date: 1�1'�241/11/2022)
— -- LV16'IYiiu ld. I,
LEGEND
a� �s
PARKWAY (OVALIFIE❑ OPEN SPACE)
I La �k
d U� Id � k4x � COMMON Ldi (Ol1PLFl EQ OPEN SPACE)
r x
COMMON LOT (NOT OUALIFlED OPEN SPACE)
'VA 1pi.L
Ji 5
YLSI d � 55
5
—
H.UCf
= i � a II 8 .p, kl 5 n�xamxs
I L
_ 1
urxcs c 1.w"M"79 t Y ~~25
ham
I 11 f IIAI A y XI YL 42 S y
ET 4 5
a$ 4
I � ly 3 5y 4 y
I 41 x d
T�75� l
46 I
� y Y'YaY i5
tir 5
y + 5
tt# � � x
a y
am a y5�
ueT �� dwuwsr+runs�.o-ls� �,�
v ssm cauw
s C.
J
F
G. NARY PI AT OPFN SPAT EXFIIRIT
Page 18
Page 291
Item#13.
H. Common Driveway Exhibits (date: 1n/'rvr1 W2021 1/11/2022)
kFAR --N
P RP.AR i
THE DEVELOPER IS
RESPONSIBLE POR P _ w
AWNS LANDSCAPING W J
In GAT.AND THE + w .I L — G:ARACE o �GARAO� ' 7A ,Vas
5 RESPONSIBLE FOR Ir y �' �^ Syr
AMINO LANDSCAPING l ,�, y r � �,� FRONT
I IRRIGATION IwAR THIS I r y y J L a_AT Z ryo I,
LOT I IS A -
-E101L➢ABLE CDMAtON LD L� SLOT
LOT 9lNH A BLANKET
* r 'y o ry f
INGRESS BLANKET
:EMENr I1 PAL 1 COMMON DRIVE
13 AND
1l.RLCOK 1 TI�SIILDIN.ENYELDPE.
,j DRIVEWAY FOR LOT 14
V .
1
TO 9E LOCATEDON THEF S&T O 1 910E OF THE SHARED
OGkJMON DRIVE PROPERTY JNE
I
S � E
wA Y
LOT I3 OWNE'P IS RESPONSI9LE MR INSTAWNG AND"INTAINING
LdHCSIAPINa AND IRRIGaTON IN AREA EAST OF DELNEATION LINE
L BIDE1 �I*. DEILNEATION LINE
f/.Il LOT 12 OWNER IS RESPONSIBLE FOR INSTALLING AND
WVMAINING LANDSCAPING AMID IRRIGATION IN THE AREA
( r WE57-OF DELINEATION LINE
THE➢EVELOPER IS RESPONSIKE FOR INSTALLING
BUILDING ENVELOPE, v LANDSCAPING AND IRRIGATION AND THE HIM IS S
TYPICAL HE5PONSIELE FOR MAINTAINING WRD5CAPING AN.
DRIVEWAY FOR LOT 10 BLOCK I TO RRF,AII-0N N THIS AREA
R€LOCATED ON THE OPP03RE SIDE a"
OF THE SFMM OOMVDN DRIVE
I r%TG Irl to Ri nl-V 9 PROPERTY LINE -
a 3 ' s A s i ; n 3 s a e �i 3 -A 0. > i ♦ v a �A s * s A j v
-rl ry al al PI rlr =1 i rl N al rl 3 al rl rl I R
REAR r REAR REAR f� REAR REAR I— REAR
m III h m
HLOGf 1
-L L
aA `�
�GAkAGE � � s� A2 m
J µ - �—E
COMMON. ¢l
5,3 i6 DRIVE 1 - -
: i
' a 10 COMMON >
M
ADONTA41,TOP 9- f SIDE I OD �RIu� S_YERiE%WAY
`LsmF
IY ,
1� SIDE )-��- bHNEWAr FOR
,SWAY FOR LOT�] ELOOK ro
OK TO SE E210t ,bq IZ7 12' � /\ , LOT
43
THE GPODSTE 514E q / fi s BE LOCATED
THE BH0.REO COMROH J fi
E PROPERTv DNE �.' 1 - s q( 1 f ON THE
DPP651TE
25 IS 1412'
1qIDE OF THE
IL ki EW m
�MDNLOT WITH A - 39 .,I LOT N2 OWNER S CCMNON
2° ;4 RESPONSIBLE FOR DRIVE
RESS/EGRESS 1 INSTAWNG AND PR�'—
ENEM IN EAYOR ''`. II MNNTAINING LINE
LOTS 2A ANO Z5, ERNFWAY FOR LDT]]BL°GK I TO BUILDING III WIDSCMING AND
CN I iri BE LOCATED ON THE OPPOSTE SIDE ENVELOPE - �m IRRIGATION IN
ICF THE .
PROPERTv LINE AM4ADN DRIVE l'lPIOAL _ 514E1' —� •_ i THESE AREAS
Lm RN DWNES IR ;
RESPONSIBLE INR -�
HSTNLNC ANI G
I)IRRIOA IAMIN FH INO z
D IRRIOATIgN IN THESE
AREAS LOT OO I-0.NTN-BUILDABLE DRYEWAT FOR LOT 3H 11—T EE
COMMON LOT WITH A BLANKET
INGRESS/MBERS EASEN€M IN FAVOR TO BE LOCATED ON THE OPPOSITE
LOTS 23-27 AND 39-43 BLOCK 1 of Lars A.AND Az.BLOCK I 5RY of THE 9iARm cOMUDw
DIDE PROPERLY LINE
=JP'WHEN PRIMED AT 11"y—
� 1�
Page 19
Page 292
Item#13.
G. Conceptual Elevations (date: 1!V' z 1/11/2022)
J
KEr,�� �fl
I NA
_
f y
CCCC II LA
Page 20
Page 293
Item#13.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation_ of this brope
Prior to approval of the annexation ordinance. a DA shall be entered into between the Citv of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
The DA shall be signed by the property owner and returned to the Planning Division within
six(6)months of the City Council granting the annexation. The DA shall.at minimum.
incorporate the following provisions:
a. Future development of the Property shall comply with the ordinances in the Meridian
City Code in effect at the time of development. Future development of this site shall
comply with the preliminary plat,phasing plan,landscape plan and conceptual building
elevations for the single-family 4taehed-dwellings included in Section V11. and the
provisions contained herein.
b. The rear and/or sides of 2-stony structures that face E.Lake Hazel Rd. or S. Recreation
Ave 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. Sin l�ry structures are exempt from this
requirement. c;,, -je f. mifl ,.,tt.,..h.,a st,. et, Fes Feclimirp. .,a,, inktrAt;,,,, a,.S;
c. Required street frontage improvements along E. Lake Hazel Rd. and the construction of
S. Recreation Way including pathways, and landscape buffers shall be constructed with
the first phase of construction.
2. The Preliminary Plat included in Section Vl. dated 10/11/21,is approved with the following
revisions:
a. The ,+�_plia should indicate whi`�l'c„-lots= ill eontain sin$ie family attaehe i--� v+c
b. Add notes which indicate Lots 33 and 49. Block 1,Lot 3,Block 2,Lot 11,Block 3,Lot
10,Block 4,Lots 1, 9. 14. and 22 Block 5. and Lots 1. 3 and 6 Block 6 are common lots
which will be owned and maintained by the homeowner's association.
c. All utility easements reflected on the utility plan shall be included on the plat.
to some or all .,f the m3en area sh.,,, all • the L'.,.-a-7 .,F.,.-.,1 Oni ,areas
aa,.,,,.t .,,,a .,1. „a .. ,,,,t,,,,, h.,t„.,.,., the so„th.,,.....,.,nt pathway „a the .,,.t,..,
i ,..,.,
lIto Discover��Park •�TGJt.
3. The Landscape Plan included in Section V1.dated 10/11/21,is approved with revisions c. d.
and e as listed in Condition No. 2 above, and the following additions:
Page 21
Page 294
Item#13.
a. If the Farr Lateral Easement is to be credited as qualified open space,it should be
landscaped as required per UDC 11-3B,or as allowed by the irrigation district.
b. Prior to the Commission should provide details of the picnic area,tot lot,and other
qualified amenities.
4. Prior to signature on the final plat by the City Engineer,the applicant shall submit a public
access easement for the multi-use pathway alone S. Recreation Ave.,E. Lake Hazel Rd. and
the southern property line to the Planning Division for approval by City Couneil and
subsequent recordation.
5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
6. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13.
7. Pathway and adjoining fg encings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-313-12C.
8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. as applicable.
9. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street
buffers,and mailbox placement.
10. Off-street parkin is s required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
11. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual
ingress/egress easement being filed with the Ada County Recorder,which shall include a
requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment.
12. Development within the Williams Pipeline easement shall comply with the Williams
Developers' Handbook.
13. All ditches shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6 unless waived by City Council.
14. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-6B-7.
15. The Applicant shall comply with all conditions of ACHD.
B. PUBLIC WORKS DEPARTMENT
Site Specific Conditions of Approval
1. Applicant shall coordinate with the CDA project to sub a water main from South Recreation
Avenue to the common drive at the northwest corner of this subdivision which is currently
designated as Block 1,Lot 11.
2. Eliminate the water main in East Wickham Street.
3. Ensure no sewer services pass through infiltration trenches.
Page 22
Page 295
Item#13.
General Conditions of Approval
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. 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.
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 usingthe he City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works),a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A) and an 81/2"x I I"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.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). 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.
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.
6. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways.intersecting}
crossing or laving 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.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used or
provide record of their abandonment.
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.
Page 23
Page 296
Item#13.
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.
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.
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= ost as
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
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.
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.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. 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.
17. 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.
18. 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.
19. 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
rp oiect•
20. 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.orpublic works.as x?id=272.
21. 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
Page 24
Page 297
Item#13.
estimate provided by the owner to the City. The surety can be posted in the forth 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.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit.
cash 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. MERIDIAN FIRE DEPARTMENT
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=243086&dbid=0&repo=MeridianC
Lty
D. ACHD
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=243094&dbid=0&repo=MeridianC
iv
E. NAMPA&MERIDIAN IRRIGATION DISTRICT
https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=244628&dbid=0&repo=MeridianC
hty
F. BOISE PROJECT BOARD OF CONTROL
https://weblink.meridiancily.oL-glWebLinkIDocView.aspx?id=244307&dbid=0&repo=MeridianC
hty
G. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancit��org/WebLink/DocView.aspx?id=244320&dbid=0&repo=Meridian C
hty
Page 25
Page 298
Item#13.
IX. FINDINGS
A. 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. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds rezoning of the subject site with an R-8 zoning designation is consistent with the
Comprehensive Plan MDR FLUM designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
Council finds the lot sizes and layout proposed will be consistent with the purpose statement of
the residential districts that more diverse housing opportunities will be provided consistent with
the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Council finds that the proposed zoning map amendment would not be detrimental to the public
health, safety, or welfare. Council considered oral or written testimony that was provided when
determining this finding.
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 that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city
This property is already within the City.
B. PRELIMINARY PLAT(UDC 11-611-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is generally in conformance with the comprehensive plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
Page 26
Page 299
Item#13.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public,financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
The Farr Lateral parallels the eastern property line, but are not natural features.According
to the landscape plan, there are no healthy trees onsite meeting the requirements for
preservation.
Page 27
Page 300