Waverly Place RZ 10-004ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 47
BOISE IQANO 04120111 10:54 AM
DEP~Y Asa Ban III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
RECORDED-REQUEST OF 111~3~8~4
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Mountain West Entrust IRA/FBO Robert Mortensen,
Owner/Developer
MENT AGREEMENT (this Agreement), is made and entered into
THIS DEVELOP
2011, b and between City of Meridian, a municipal
this~_ day of t ~ Y
' f the State of Idaho, hereafter called CITY, and, Mountain West Entrust
corporation o I aho 83704
Robert Mortensen whose address is 10096 W. Fairview, Boise, d ,
IRAIFBO
hereinafter called OWNER/DEVELOPER.
1, RECITALS:
WHEREAS Owner/Developer is the sole owner, in law and/or
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e uit of certain tract of land in the County of Ada, State of Idaho,
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described in Exhibit A for each owner, which is attached hereto y
this reference inco orated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may,
b ordinance re uire or permit as a condition of re-zoning that the
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OwnerlDevelo er make a written commitment concerning the. use or
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development of the subject Property; and
WHEREAS Cit has exercised its statutory authority by the
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enactment of Ordinance 11-5B-3, which authorizes development
a reements u on the annexation and/or re-zoning of land; and
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1.4 WHEREAS, Owner/Developer has submitted an application for re-
zonin of the Pro erty described in Exhibit A, and has requested a
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desi nation of R-8 Medium-Density Residential), (Municipal Code of
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the City of Meridian); and
DEVELOPMENT AGREEMENT - WAVERL,Y PLACE (RZ 10-004) PAGE 1 OF 11
1,5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subj ect Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 8th day of March, 201 1, has approved
City of Meridian Findings of Fact and Conclusions of Law and
Decision & Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
1. $ WHEREAS, the Staff Report requires the Owner/Developer toenter
into a development agreement before the City Council takes final
action on re-zoning designation; and
1.9 OWNER/DEVELUPERdeems it to be inhis best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests; and
1.10 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 development 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 re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No, 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
DEVELOPMENT AGREEMENT - WAVERLY PLACE (RZ 10-004) PAGE 2 OF 11
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows;
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: 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 OWNERIDEVELOPER: means and refers to Mountain West
Entrust IRA/FBO Robert Mortensen, whose address is 10096 W.
Fairview Avenue, Boise, Idaho 83704, the party that owns and is
developing said Property and shall include any subsequent owner(s) 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 described in Exhibit
A describing the parcels to be re-zoned R-8 (Medium Density
Residential) attached hereto and by this reference incorporated herein
as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code ~ 11-2A.
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;
DEVELOPMENT AGREEMENT - WAVERLY PLACE (RZ 10-004) PAGE 3 OF 11
S.l.Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Off-street parking shall be provided on the site in accord with the requirements for
townhouse dwellings listed in UDC Table 11-3 C-6.
b. All townhome structures constructed on the site shall substantially comply with
the elevations shown in Exhibit A.5 of the Staff Report. Further, there shall be a
minimum of two different styles of townhomes constructed within the
development for variety.
c. The clubhouse/caretaker structure shall substantially comply with the building
elevation (including construction materials) shown in Exhibit A.6 of the Staff
Report.
d. Development of the site shall substantially comply with the site plan and
landscape plan included in Exhibit A of the Staff Report.
e. A Certificate of Zoning (CZC) application is required to be submitted for each of
the proposed townhome structures and the clubhouse structure. More than one of
the structures maybe contained in the same CZC appl ication.
f. An Administrative Design Review application is required to be submitted
concurrently with the CZC application for all attached residential structures
containing two or more dwelling units and the clubhouse structure in accord with
UDC 11-SB-8B. As applicable, the site and structures shall comply with the
standards listed in UDC 11-3A-19 and the guidelines contained in the City's
Design Manual.
g. Development of the site shall be consistent with the material specifications
provided by the applicant included in Exhibit A.7 of the Staff Report.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the City has complied with the notice and hearing procedures as outlined in Idaho
Code ~ 67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT - WAVERI.Y PLACE (RZ 10-004) PAGE 4 OF 11
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION;
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event ofOwner/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 as described in Section 7.2, Owner/Developershall
be deemed to have consented to modification of this Agreement and
de-annexation and reversal of the zoning designations described
herein, solely against the offending portion of Property and upon
City's compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code § § 67-6509 and 67-
6511. OwnerlDeveloperresewes all rights to contest whether a default
has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder byeither 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.
DEVELOPMENT AGREEMENT - WAVERI,Y PLACE (RZ 10-004) PAGE 5 OF 11
7.5 Waiver, A waiver by City of any default by Owner/Develo er of an
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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. INSPECTION: Owner/Developer shall, immediately upon com letion of an
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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 En ineer's
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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.
9. DEFAULT:
9.1 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 faithfull cam 1
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with all of the terms and 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.
9.2 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
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zonin of the
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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.
DEVELOPMENT AGREEMENT - WAVERI,Y PLACE (RZ 10-004} PAGE 6 OF 11
11. ZONING: City shall, following recordation of the dui a roved A eem
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enact a valid and binding ordinance re-zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in an court of com etent
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aurisdict~on by either City orOwner/Developer, or by any successor or successors in title or b
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the assigns of the parties hereto. Enforcement may be sought b an a ro riate action at law
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or in equity to secure the specific performance of the covenants, agreements, conditions and
obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that City
and owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting party shall
commence to cure the same within such thirty (30) day period and
thereafter shall prosecute the curing of same with diligence and
continuity, then the time allowed to cure such failure may be extended
for such period as may be reasonably necessary to complete the curing
of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Qwner/Developer or City is delayed for causes
which 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.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the
(Jwner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
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Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
DEVELOPMENT AGREEMENT - WAVERLY PLACE (RZ 10-004) PAGE 7 OF 11
15. ABIDE BY ALL CITY QRDINANCES: That Owner/Develo era r
p g ee to
abide by all ordinances of the City of Meridian and the Pro e shall be sub'ect to -
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annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Develo ment A Bement and
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the Ordinances of the City of Meridian,
16. NQTICES: Any notice desired by the parties and/or re uired b this
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Agreement shall be deemed delivered if and when personally delivered or three 3 da s after
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deposit m the United States Mail, registered or certified mail, posta a re aid return recei t
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requested, addressed as follows;
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave,
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER;
Mountain West Entrust IRA/FBO Robert Mortensen
10096 W, Fairview Avenue
Boise, ID 83704
16,1 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.
17. ATTQRNEY 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.
18. TIME IS QF 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.
DEVELOPMENT AGREEMENT - WAVERLY PLACE (RZ 10-004) PAGE 8 OF 11
19. BINDING UPON SUCCESSORS: This Agreement shall be bindin u on
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and inure to the benefit of the parties' respective heirs, successors, assi ns and ersonal
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representatives, including City s corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Prope , each subse uent owner
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and any other person acquiring an interest in the Property. Nothin herein shall in an wa
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prevent sale or alienation of the Property, or portions thereof, except that an sale or alienation
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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 ex ressed. Ci a rees u on
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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 has fully performed its obligations under this A reement.
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20. 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 rovisions contained
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herein.
21. FINAL AGREEMENT: This Agreement sets forth all romises, inducements
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agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no romises, a reements conditions or un '
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either oral or written, express or implied, between Owner/Developer and Cit ,other than as
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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 assi ns and ursuant
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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-zonin of the
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subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearin sin
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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 Zonin
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Ordinance In connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
DEVELOPMENT AGREEMENT - WAVERi,Y PLACE (RZ 10-004) PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Mountain West Entrust IRA/FBO Robert Mortensen
READ AND APPROVED BY I
ATTEST:
By' UNTAIN WEST ENTRUST IRA
MO
BY: LISA GALANE
ITS: AUTHORIZED SIGNER
CITY OF MERIDIAN
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By. `~.~C~~i ~LC~~
Mayor Ta ~ e Weerd
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Jaycee L. Holman, City Clerk
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DEVELOPMENT AGREEMENT - WAVERLY PLACE (AZ 10-004) PAGE 9 OF 10
STATE OF IDAHO, )
ss
County of Ada )
On this day of , 201 1, before me, the undersigned,
a Nota Public in and fors id State erson 11 a eared ~, know
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to me to be the for Mountain West Entrust IRA/FBO Robert
Mortensen, know or identi ied to me to be the person who executed the agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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(SEAL) ~ ~~~ARY
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Notary P lic for Idaho
Res' gat: ~~-
My Commission Expires: 2,/ ZU
STATE OF IDAHO )
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County of Ada )
On this day of ~ 11, before me, a Notary
Public ersonall a ear Tam de Weerd and ~ ~ ~ know or identified to
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me to be the Ma or and C~lerres ectivel of the Cit of Meridian who executed the
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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.
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DEVELOPMENT AGREEMENT - WAVERI,Y PLACE (AZ 10-004) PAGE 10 OF 10
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Se tember 24 24~ 0 Project Na, ~304~
Rezone Descr~ptfon
Lot S~ Amended Magic view Subdivision
Proposed Warrerly Piece Subdivision
Lot 5 of Amended Magic View Subdl~sian end a portion of ~. Maglo View Drive located
in the South ~ of the NE's of Secgon 17, T.3N., R.1 ~., B.~+i., Ada County, idahv, as same ~
recorded In Book 5z of Plats at page 4445, records of Ada County, Idaho, more parliculady .
described as fo~ows: Cammendng at the East'/ comer of sold Section ~ 7, firm which the
Northeast come' of said'~sectkxt bears North UO°22'i4"West, 28,86 feed fence
North Qa°22'14° Wes#,1~325.39 feet; North 69°57'30" Vlre~t, 2088.1 S fleet to the Northeast c~xner
of said Lot 6 ding on the South boundary of Greenhill Mates Subdlv~afOn Na. 2, ae eeme is
recorded in Book 35 of Plats: at page 3002, records of Ada County, Idaho, said point being the
. Pt31N"i~ GP 8~G1NN1Na.
Thence along ~#he East line of said Lot 8 and said line extended South 2° i 5`12" West,
510.79 feet to a point on the North line of Lot 7 of said Amended Magic View Subdivision;
Thence along said North line North 80°aa~' West, 490.83 feet to a point an the East
boundary of Snoring Bull Subdh+islan Phase 2, as same ~ recorded In Book 84 of Plata at page
9318, records of Ada Gounty, Idaho;
'fence North 00°222" Sast, 428.74 feet to the nor~east comer of said subdNis~n lying
an the South boundary~+~ Greenhill Estates Subdivision, 88 same k recorded In Book 35 of Plats
at page 30QQ, records of Ada County, Idaho;
Thence along the said South boundary artd the Scwth boundary of std Greenhill
Subdlvlsiort No. 2 South 89°57'3' t= 5U0.87 feet to the Print of Beginn~g.
Contein~g 5.30 acres, more or less.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~E IDIAN~-
IDAHO
after of the Re nest for an Amendment to the Comprehensive Plan Future Land Use Map
In the M 9
to Chan a the Land Use Designation on 4.9 Acres of Land from Office to Medium.Density
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' n ial~ Rezone of 5.3 Acres of Land from the L-0 (Limited Office) Zoning D~str<ct to the R-S
Reside t ,
' Densi Residential Zoning District; and Preliminary Plat Consisting of 24 Single-Family
(Medrum ty )
Residential Buildin Lots and 4 Commonl0ther Lots on 4.9 Acres of Land for Waverly Place
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Subdivision, Located at 2510 Magic View Drive, by Scott Noriyuki, Northside Management.
Case No(s}. CPAM-10-001; RZ-10-004; PP-10-003
For the City Council Hearing Date of: February 22, 2011 (Findings on March 8, 2011)
A. Findings of Fact
1. Hearin Facts (see attached Staff Report for the hearing date of February 22, 2011, incorporated
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by reference)
2. Process Facts see attached Staff Report for the hearing date of February 22, 2011, incorporated
by reference)
3. A lication and Property Facts (see attached Staff Report for the hearing date of February 22,
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2011, incorporated by reference)
4. R uired Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 22, 2011, 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 b7, Idaho Code (I.C. §67-6503}.
2. The Meridian City Council takes judicial notice of its Unified Development Code codif ed at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. 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 unposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-I 0-001; RZ-10-004; PP-10-003
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the Cit has anted an order of approval in accordance with this Decision, which shall be
6. That y ~'
' ed b the Ma or and Cit Clerk and then a copy served by the Clerk upon the applicant, the
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Plannin De artment, the Public Works Department and any affected party requesting notice,
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this a royal is subject to the Conditions of Approval all in the attached Staff Report for the
7. That pp ~
' date of Feb 22, 2011, incorporated by reference. The conditions are concluded to be
hearing ruary
reasonable and the a licant shall meet such requirements as a condition of approval of the
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application.
C. Decision and Order
cant to the Cit Council's authority as provided in Meridian City Code § 11-SA and based upon
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the above and fore oing Findings of Fact which are herein adopted, it is hereby ordered that:
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e a licant's re uest for a comprehensive plan map amendment, rezone, and preliminary plat
1' ~ pp q ed Staff Re ort for the hearing
is hereby approved per the conditions of approval in the attach p
date of February 22, 2011, attached as Exhibit A.
2. A Develo ment A Bement is required with approval of the subject rezone and shall include the
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rovisions noted in the attached Staff Report for the hearing date of February 22, 2011,
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incorporated by reference.
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
t shall become null and void if the applicant fails to obtain the city engineer's signature
short pla
on the final lat within two (2) years of the approval of the preliminary plat or the combined
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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
orderl and reasonable manner, and conforms substantially to the approved preliminary plat,
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such se ents, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-bB-7B).
U on written re nest and filed by the applicant prior to the termination of the period in accord
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with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
En ineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
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to two 2} years as deterrniried and approved by the City Council may be granted. With all
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extensions, the Director or City Council may require the preliminary plat, combined
reliminary and final plat or short plat to comply with the current provisions of Meridian City
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Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-?C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
a lication entitles the Owner to request a regulatory taking analysis. Such request must be in
pp
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ-I0-004; PP-10-003
.2_
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for 3udicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § b7-6521, any affected person being a person
who has an interest in real property which maybe 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 61, Idaho Code.
F. Attached: Staff Report for the hearing date of February 22, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ•10.004; PP-10.003
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EXHIBIT A
STAFF REPORT
HEARING DATE: February 22, 2011
T0: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
~~Vl E ID~ IAN~-
IDAHO
SUBJECT: CPAM-10-001; RZ-10-004; PP-10-003 --Waverly Place
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The a licant, Scott Noriyuki, Northside Management, has applied for an amendment to the
PP
rehensive lan future land use map (CPAM) to change the -land use designation on 4.9 acres of land
comp p
om Office to Medium Density Residential. A rezone (RZ} of 5.3 acres of land fromthe L-0 (Limited
fr
Office to the R-8 Medium Density Residential) zoning district is also requested consistent with the
} ( ential buildin lots
CPAM request. Lastly, a preliminary plat (PP} consisting of 24 single-fanvly resid g
and 4 common/other lots on 4.9 acres is proposed.
II. SUMMARY ItECOM1V[ENDATION
Staff recommends approval of the proposed CPAM, RZ, and PP based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planain & Zonin Commission heard these items on October 21 November 4 and
18 2010 Janua 6 and 20 2011. At the ublic hearin on Janua ZO 2011 the Commission
moved to recommend approval of the subiect CPAM, RZ, and PP requests.
a. Summary of Commission Public Hearing:
_..._~,
i. In favor: Shawn Nickel, Scott Noriyuki, Celeste Fox, Gene_ ox
li. In_OppoSltloII~ NOne
iii. Commenting: None
iv. Written testimony: Alston Jones, Woodbridge. HOA,
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Anna Canning
b. Kev Issue(s) of Discussion by Commission:
i. The Co ;mission commended the applicant on working with the neighbors to resolve issues
from the previous hearing.
c. Kev Commission Change(s) to Staff Recommendation:
i. Add the commitments made by the applicant pertaining to the material specificatioas for
the structures to the DA included in the email to staff dated 1/Z012011, as requested by the
applicant & recommended by the Commission (see Exhibit A.7 & Exhibit B #1.1.2 .
w
d. Outstanding Issue(s) for City Council:
i. None
~ lII IaV[~r: ~«i l~urivuxi~ ~~nc ~, ~~
j~ ~~nnosition: None
Comm n 'nQ: J'm We lman
-. .
PAGE 1
EXHIBIT A
~ staff ~~in~ anDlication: Sonva Watter
~ Ot~h .~t~ff
~
..... j~gy IssLes of 1cCUS~1Q~Y ounc'l~
_
.
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~,rnnn.~h1 111~~ no set>~ac is o ~ C D r 1 IOII
~~
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-10-
001 RZ-10-004, and PP-10-003 as presented in the staff report for the hearing date of February 17,
2011, with the following modifications: (Add any proposed modifications.}
Denial
After considerin all staff, applicant and public testimony, I move to deny File Numbers CPAM-10-001,
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RZ-10-004, and PP-10-003, as presented during the hearing on February 17, 2011, for the following
reasons: (You should state specific reasons for denial.}
Coatinuaace
I move to continue File Numbers CPAM-10-001, RZ-10-004, and PP-10-003 to the hearing date of
insert continued hearing date here) for the following reasons}: (You should state specific reasons}
(
for continuance . }
IV. APPLICATION A-ND PROPERTY FACTS
A. Site Address/Location:
2510 Magic ~liew (Parcel No. R54430100b3}
Located in the northeast '/a of Section 17, Township 3 North, Range 1 East
B. Applicant:
Scott Noriyuki, Northside Management
3106 Ridgeway Drive
Boise, ID 83702
C. Owner:
Mountain West Entrust IRAJFBO Robert Mortensen
10096 W. Fairview Avenue
Boise, ID 83704
D. Representative:
Same as applicant
E. A licant's StatementlJustification: Please see applicant's narrative for this information.
PP
V. PROCESS FACTS
A. The sub' ect application is for a comprehensive plan map amendment. A public hearing is required
J
.before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 1 1, Chapter 5.
B. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
PAGE 2
EXHIBIT A
Commission and Cit Council on this matter, consistent with Meridian City Code Title 11, Chapter
Y
5.
. The sub' ect a lication is for a preliminary plat: A public hearing is required before the Planning &
C ~ pp onsistent with Meridian City Code Title 11,
Zoning Commussion and City Council on this matter, c
Chapter 5.
D. News a er notif cations published on: October 4, and 18, 2010 (Commission); January 31, and
Pp
February 14, 2011 City Council)
E. Radius notices mailed to properties within 300 feet on: September 29, 2011 (Commission): Janus
28~__~_ZQ1-1~(City Council}
F. A ublic service announcement was broadcast faxed on September 29, 2010 (Commission) a d
P
January 28, ZO11 City Council) regarding this
.,_..
application.
G. A licant osted notice on site by: October 10, 2010 (Commission); February S, 2011(C_it_y
Pp p
Council
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant.
B. Character of Surroundin Area and Adjacent Land Use and Zoning: Single-family residential
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properties surround this site at urban and rural densities.
C. History of Previous Actions:
• In 1983, this property was included as Lot 6 in the Amended Magic View Subdivision plat.
• 0n March 13, 2007,. this property received the following approvals:
- Annexation and zoning (AZ-Ob-047} of 5.3 acres of land with an L-0 zoning district
Ordinance No. 07-1313). A development agreement was not required with annexation of the
(
property;
- Conditional use permit (CUP-06-030) for amulti-family residential development in an L-0
district consisting of 24 dwelling units within (b) four plexes; and
- Preliminary Plat (PP-Ob-049) consisting of bmulti-family residential building lots, l
clubhouse building lot, and 3 common lots.
• On August 14, 2007, this property received the following approvals:
- Final plat (FP-07-023) consisting of 6multi-family residential building lots, l clubhouse lot,
and 4 common lots; and
- Vacation (VAC-07-010) of a portion of the existingright-of--way of Magic View Court that
was created for a turn around area. Because Magic View has since been extended to the west
through Woodbridge Subdivision, the turnaround was no longer needed. (Approved by
ACRD on February 27, 2008, Res. No. 837)
• An 18 month time extension (TE-09-011) to obtain the City Engineer's signature on the final
lat was approved by the Director on February 27, 2009 and expired on September 13, 2010.
P
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served from E Magic View Dr.
PAGE 3
EXHIBIT A
b. Location of water: Currently served from E Magic View Dr.
c. Issues or concerns: Sewer and water infrastructure have been constructed within this
development by the previous developer. This infrastructure has not been approved or
accepted by Public Works as to date. The applicant will need to re-sampleand re-test all
utilities that are currently installed. Please contact Scott Steckline at the Public Works
Department (887-2211) for more information.
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the floodplain or flood way.
F. Access: Access for this site is depicted on the plat via Magic View Drive.
VII. COMPREHENSIVE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The subject property is currently designated "Office" on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan (page 106), office designated areas: provide opportunities for low-impact
business areas. These include offices, technology and resource centers; ancillary commercial uses may
be considered (particularly within research and development centers or technological parks).
The applicant is proposing to amend the future land use map contained in the Comprehensive Plan to
change the land .use designation on the subject property from Office to Medium Density Residential
(MDR).
Per the Comprehensive Plan (page 99), MDR designated areas allow a broader range of densities as well
as smaller lots for residential purposes. The MDR designation is intended to promote a variety of
housing opportunities including single-family homes at densities of 3 to 8 dwelling units per acre.
The applicant proposes to develop the site with 24 single family townhomes at a gross density of 5.2
dwelling units per acre consistent with the MDR designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 • Require that development projects have planned for
the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the subject property in the
following manner:
- Sanitary sewer and water service is provided to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACRD). This service will not change.
- The subject lands are currently serviced by the Meridian Schovl District #2. This service wilt not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will not
change.
PAGE 4
EXHIBIT A
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal N, Objective A, Action 6 -Require screening and buffering of commercial and
industrial properties and residential use with transitional zoning.
This property abuts a residential development on the north (Greenhill Estates) zoned RI in Ada
County and on the west (Snorting Bull aka Woodbridge) zoned R-4. Rural residential properties
consisting of S +/- acres exist directly to the east and south across Magic View Drive, zoned RUT in
Ada County. The future land use designation for the rural residential properties is ice;
commercial designated property exists to the east of Wells Street.
Staff is of the opinion the higher density and zoning (R-8) of the proposed residential development
will provide a transition between abutting lower density residential uses and existing and future
off ce and commercial uses to the east and south.
• Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.} for the purpose of providing the City with a range of affordable housing
opportunities.
The proposed medium density residential development planned to develop with townhomes will
provide another option in housing types for residents of the City.
• Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adj acent parcels,
Staff is of the opinion the proposed medium density townhome development will be compatible with
abutting low density residential uses as they are intended to be individually .owned residential
properties and provide a transition to existing and future office and commercial uses.
• Chapter VII, Goal V, Objective A, Action 4 -Provide for a wide diversity of housing types (single-
family, modular, mobile homes, and multi-family arrangements) and choices between ownership and
rental dwelling units for all income groups in a variety of locations suitable for residential
development.
Staff is of the opinion the proposed townhome development adds to the diversity in housing types
available in the City. Additionally, the development is in close proximity to the interstate and
existr'ng and future o,~ce/commercial uses and areas of employment.
• Chapter VII, Goal IV, Objective C -Encourage residential infill to utilize existing services.
Residential services (water and sewer) have already been installed on this property under
the previous land use approval.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-b508, to prepare, implement, review, and
update a comprehensive plan which outlines goals and policies far land use. Fourteen elements which
must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how
these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
PAGE 5
EXHIBIT A
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The plan for this property is for office uses.
However, the proposed residential development would assist in providing a transition between the
lower density residential developments to the north and west and the office and commercial uses to
the east and south. To promote quality design, future development must comply with the City's
design standards.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and will still be available upon
development of the site.
c. Housing
The City of Meridian is charged with ensuring adequate and attractive living environment which
meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. Staff
believes that if approved, the proposed single-family townhome development would assist in
contributing to the variety of residential opportunities within the city.
d. Economic Development
Meridian's economic base has been gradually shining over the last 20 years from afarming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy with
regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
The subject parcel is currently identified as appropriate for office uses. The proposed residential use
of the property is compatible with adjacent residential uses to the north and west and would assist in
providing a transition to office and commercial uses to the east and south. However, the biggest
economic benefit to the City would be if this property develops with office uses as currently
designated.
e. Public Services, Facilities, and Utilities
City water and sewer service has been provided to the subject property. Because this property is
already within the City limits, public services such as police and fire protection are currently
provided to this property.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate school
facilities and student transportation. The school district has not indicated that it cannot accommodate
additional residences in this area of the City.
PAGE 6
EXHIBIT A
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because this site was previously approved for bmulti-family residential lots consisting of 24 units,
Staff does not believe that the proposed plan amendment would negatively impact transportation
within the City of Meridian in this area if approved.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that future residential development of this property will
significantly degrade the natural environment.
i. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
j . Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
k. Recreation
Recreation resources within Meridian include 18 City parks totaling approximately 186 acres. The
City is in process of developing new park facilities. The City also maintains several pathways. This
site is not formally designated for recreational purposes.
1. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and
goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for
future residential, commercial, and industrial development. The Map is designed to be a projection
of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding
request for land use changes. Staff believes the surrounding residential, office, and commercial as
well as the zoning within the immediate area has deemed this property appropriate for higher density
residential uses as proposed, thus justifying the request the land use change to "MDR."
m. vnplementation
The City provides the necessary staff and facilities to administer and enforce the policies and goals
of the Comprehensive Plan. The City of Meridian Planning Department will administer the
Comprehensive Plan and its policies, under the direction and supervision of the Meridian City
Cauncil. The Planning & Zoning Commission is also authorized by the Council to review, approve
and make recommendations an proposals affecting the public's interest in land use.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees
do not unconstitutionally violate private property rights, and establish a consistent review process
that enable the City to ensure that any proposed actions will not result in an unconstitutional taking
of private property without due process of law. Staff believes that the requested Comprehensive
Plan Land Use Map change would not unconstitutionally violate private property rights. A
neighborhood meeting was held on September 8`" of which 11 of the neighbors attended.
PAGE 7
EX~IIBIT A
VIII, UNIFIED DEVELOPMENT CODE
se Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
A. Purpo
a ran a of housin o ortunities consistent with the Meridian Comprehensive Plan.
provide for g g Pp
' to the Cit of Meridian water and sewer systems is a requirement for all residential
Connection y
districts. Residential districts are distinguished by the allowable density of dwelling units per acre
and comes onding housing types that can be accommodated within the density range.
p
. Schedule of Use: Unified Development Code (UDC)11-2A-2 lists townhouse dwellings as a
B
principal permitted use in the proposed R-8 zoning district.
Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
C.
district and 11-2A-3 apply to development of this site.
D. Landscaping Standards (UDC 11-3B}:
1. Width of street buffer(s): NA (a street buffer is nat required for local streets inthe R-8 district;
Magic View Drive is classified as a local street)
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: 13.7%
4. Tree Preservation: NA (there are no existing trees on the site)
E. Off Street Parking: UDC Table 11-3C-b requires townhouse dwellings with 2, 3, and 4 bedroom
units to have 4 arking spaces per unit; at least 2 in an enclosed garage, at least 2 spaces being a 20
p
x 20' arkin ad between access and garage. The building elevations depict two car garages with
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concrete ark~'ng pads between the garage and the street. Parking shall be provided in compliance
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with UDC requirements,
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Background: In 2007, this site received CUP and plat approval for a multi family development
.consisting of 14 dwelling units within (6) 4 Alex structures an separate lots in an ~-D zoning district.
Although the plat has expired and is no longer valid, the CUP/PD is stilt valid as the use was
commenced with construction of streets and underground utilities as required within the time period
allowed b UDC I1-5B-6F. Under this approval, the applicant could proceed with construcn'on of
Y
6 4- lex structures as previously approved without platting the property. However, if the applicant
() p
wishes to develop the property with townhornes as proposed, the property will need to be subdivided
and rezoned as the UDC no longer allows residential uses inthe L-0 district.
COMPREHENSIVE PLAN MAP AMENDMENT: The applicant proposes an amendment to the future
land use map contained in the Comprehensive Plan to change the land use designation for this
property from Office to M~lium Density Residential (MDR).
Because significant improvements such as public streets, sidewalks, and underground utilities have
already been constructed on the site for a residential development, the applicant now requests an
amendment to the future land use map and zoning map to allow residential use of the property so
that the existing improvements may be utilized and the property may be subdivided. The proposed
density of the development is 5.2 dwelling units per acre, the same density approved under the
original development plan, which is consistent with the proposed MDR designation.
In accord with the policies and goals contained in the Comprehensive Plan and listed above in
Section VII, Staff is of the opinion the proposed amendment is appropriate for this property. See
Section Vll above.
PAGE 8
EXHIBIT A
• nt ro oses to rezone the site, consisting of 5.3 acres which includes Magic
REZONE. The applica p p
' - -wa from L-0 Limited Office} to R-8 (Medium Density Residential) for the
View Drive right of y, ( ~ sed R-8 dlstnct is
develo ment of 24 townhomes and a clubhouse with a caretaker unit. The propo
p
MDR land use desi ation requested with this application and the residential
compatible with the ~ ~ site lan included in Exhibit A.3
density proposed by the applicant. The applicant has submitted a p
that depicts the building envelope on each of the proposed lots.
scri lion submitted with the application (included in Exhibit C} shows the
The rezone legal de p
boundaries of the property proposed to be rezoned.
nt A Bement: UDC 11-5B-3D2 and Idaho Code §67-6511A provides the City the
Developme gr
' to re uire a ro owner to enter into a Development Agreement (DA) with the Cary
authority q p perty
re uire some written commitment for all future uses. Staff believes that a DA ~s
that may q hion that is consistent vv~th the
necessary to ensure that this property is developed m a fas
rehensive lan and does not negatively impact nearby properties. If the Commission or
comp p
ouncil feel that additional development agreement provisions are necessary, staff recommends a
C
clear outline of the commitments of the developer being required. Please see Exhibit B for a Ust
of DA provisions applicable to this site.
PRELINIINARY PLAT: The proposed preliminary plat consists of 24 single-family residential
buildin lots and 4 common/other lots on 4.9 acres of land. A clubhouse with a caretaker unit is
g
proposed on one of the common/open space lots (Lot 23, Block 2).
This develo ment is proposed to consist of 24 attached, individually owned townhomes in clusters
P
of two sharin a common property line. Each dwelling unit is proposed to consist of a minimum of
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1 100 uare feet. The applicant envisions this development to be a retirement community for
s9
folks 55 years of age and over.
Amenities: Amenities proposed with the subdivision include landscaped open space (0.70 of an
acre or 13.7 % of the site) and a clubhouse. The clubhouse contains a 26' 11" x 35' common area
with a restroom, sink and counter area, and fireplace. A 2-bedroom caretaker unit is attached to
the clubhouse (see Exhibit A.6). The clubhouse/caretaker unit will be owned and maintained by
the HOA. Note: Because this site is less than 5 acres in size, the standards for open space and site
amenities listed in UDC 11-3G 3 do not appiy to this development. Sta,;~ is in support of the
proposed amenities.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards of the proposed R-S zoning district listed in UDC Table 11-2A-6 and 11-
2A-3. Several of the lots do not meet the minimum street frontage requirements.
Assumin that Lots 6, 7, & 8 and 13, 14, 15, & 16, Block 2 are served by common driveways,
g
these lots meet the minimum frontage requirement (common driveways are not called-out on the
lat .However, Lots 2, 9,17, 20, and 21 do not meet the minimum frontage of 40 feet (30 feet is
p )
only allowed for flag properties and properties with street frontage on cul-de•sacs or at
a roximately a 90 degree angle measured as a chord measurement}. These lots must be
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reconfi red to meet the minimum frontage requirements with common driveways added; or,
reconfi ured as flag properties as appropriate. Unless separated by a minimum 5-foot wide
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landsca ed common tot, all properties that abut a common driveway shall take access from the
P
driveway (UDC 11-6C-3D.5).
Buildin setbacks must be in accord with the standards for the R-8 district listed in UDC Table 11-
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2A-6. The building envelopes shown on the site plan comply with the required setbacks.
PAGE 9
EXHIBIT A
• 'tin access to E. Ma is View Drive serves this development. The internal streets
Access. One exas g g
ead been constructed. There are no stub streets to this property ,from the
are public and have air y
' evelo ments. Note: The recorded plat for Greenhill Estates Subdiv:sion•No; 2
abutting residential d p
e acts a 50- oot wide stub street (Hickory Way) at the northeast corner of this site.
to the north d p f . , .. no erred rt ht-o -way. City
he stub street does not physically exist, at is unimproved/u p g f
However, t
• CHD's re ardin stub streets is that they should be extenders However, thrs
policy (as well as A ) g g elo s. Unn'l that trine, staff
discussion should occur when the adjacent S-acre parcel dev p .
t the Commission and Council evaluate how this project wrll function of a public
recommends tha
street is built along the east boundary of the site.
' ff street arkin is re wired to be provided for this development in accord with the
Parlung. 0 p g q as discussed above in Section VIII.
standards listed in UDC Table 11-3C-6C for residential uses
• ro osed with this a lication. Because of the probable future extension
Fencing. No new fencing is p p pp taff recommends an fencing
of Hickory Way from the north along the east boundary of the site, s y
' 'tailed in this area be set back a minimum of 10 feet consistent with UDC 11-3A-7C.3 and
that is ins
landscaping be installed and maintained to the subdivision boundary.
Buildin Elevations: The applicant has submitted two different building elevations and floor plans
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for the ro osed townhomes that are included in Exhibit A.S. The elevations consist of two (2}
PP
' le-sto structures with two-car garages. Construction materials consist of a rn~x of horizontal,
sing ry
vertical and shake sidin with stone veneer accents. Staf `' is in support of the proposed elevations
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and construction materials. Staff suggests the applicant consider more color options for the
structures to romote anon-homogeneous neighborhood and add variety within the development.
P
A buildin elevation for the clubhouse/caretaker unit was also submitted which consists of a
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single-story structure with horizontal and shake siding with stone veneer accents.
All structures are subject to the design standards listed in UDC 11-3A-19 and the guidelines in the
J
City's Design Manual.
Certificate of Zo ' Compliance: Per UDC 11-SB-1B, a Certificate of Zoning Compliance
CZC a lication is required to be submitted for each of the proposed townhome structures. More
t ) pp .
than one of the structures may be contained in the same CZC application.
Desi Review: Per UDC 11-SB-8B.2, administrative design review is required for all attached
residential structures containing two or more dwelling units and the clubhouse building. As
a licable, the site and structures shall develop in accord with the standards listed in UDC 11-3A-
PP
19 and the uidelines contained in the City's Design Manual. This application may be submitted
g
concurrently with the CZC application for each of the proposed structures.
Sta recommends approval of the subject applications with the conditions listed in Exhibit B. The
~ r and utilities and
factors influencing the recommendation are improvements such as underg o
streets/sidewalks have already been constructed on this site for a residential development and
roval o this development would allow them to be uri'lized. Another reason for support that sets
~p f t to the east
this ro erty out from adjacent Once designated properties is that the parcels direc lY
pP
and south also ont on Magic View which wilt provide for o, f j~tce uses as a transin'on and bu,~er
~'
between the existing and proposed residential developments and future commercial development to
the east of Wells Street.
X. EXHIBITS
A. Drawings/Other
1. VicinitylZoningMag & Aerial Map
PAGE l4
EXHIBIT A-
2. Preliminary Plat (dated: 9115110)
3. Site Plan
4. Landscape Plan {dated: 918110)
5. Townhome Elevation & Floor Plan
6. Clubhouse/Caretaker Unit & Floor Plan
7. Additional Commitments Proposed by Developer Presented at the Commission Hearing
B, Agency CommentslConditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 11
~~11~~~L7~r~
~,xhibit ~~1.1; Vicinityf7~onin~ Map & serial Map
I
^
PAGE 12
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 9/15110)
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EXHIBIT A
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PAGE 16
EXHIBIT A
PAGE 17
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PAGE 19
E~.1IIB1T A
Exhibit A. 6: Clubhouse/Caretaker l~nit Elevation & l~~loor Plan
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PAGE 2l
EXHIBIT A
7. Additional Commitments Proposed by Developer Presented at the Commission Hearing
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PAGE 22
EXHIBIT A
B. Agency Comments/Conditions of Approval
On October 7, ZO10, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department, and
Meridian Parks Department. Staff has included all comments and recommended actions in the
attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on September 28, 2010, by D. Terry Peugh, PLS}shows the property within the
existing corporate boundary of the City of Meridian (see Exhibit C}.1.1.2.
1.1.Z A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney's Office to initiate this process. Currently, a fee of $303.00 shall
be paid by the applicant to the City Attorney's office prior to commencement of the DA. The
DA shall be signed by the property owner and returned to the city within one year of the City
Council granting the rezone. The DA shall, at minimum, incorporate the following provisions:
.
...
..
,. ~ ~ .
. ,
b. Off street parking shall be provid~l on the site in accord with the .requirements for
townhouse dwellings listed in UDC Table 11-3C-b.
c. All townhome structures constructed on the site shall substantially comply with the
elevations shown in Exhibit A.S. Further, there shall be a minimum of two different styles
of townhomes constructed within the development for variety.
d. The clubhouselcaretakerstcucture shall substantially comply with the building elevation
(including construction materials) shown in Exhibit A, b.
e. Development of this site shall substantially comply with the site plan and landscape plan
included in Exhibit A.
f. A Certificate of Zoning Compliance (CZC} application is required to be submitted for each
of the proposed townhome structures and the clubhouse structure. More than one of the
structures may be contained in the same CZC application,
g. An Administrative Design Review application is required to be submitted concurrently
with the CZC application for all attached residential structures containing two or more
dwelling units and the clubhouse structure in accord with UDC 11-SB-8B. As applicable,
the site and structures shall comply with the standards listed in UDC 11-3A-19 and the
guidelines contained in the City's Design Manual.
h. Development of the site shall be consistent with the material specifications provided
by the applicant included in Exhibit A.7.
1.2 PRELIMINARY PLAT
PAGE 23
EXHIBIT A
1.2.1 The preliminary plat, dated 9/15110 submitted with this application included in Exhibit A.2 shall
be revised as follows:
a. Revise the plat to comply with the minimum street frontage requirements for lots in the R-S
zoning district listed in UDC Table 11-2A-b and 11-2A-3.
b. Graphically depict and label the location of the common driveways.
c. Include a note on the face of the plat detailing which lots will take access from common
driveways. Unless separated by a minimum S foot wide landscaped common lot, all
properties that abut a common driveway shall take access from the driveway (UDC 11-6C-
3D. S).
d. There is an extra lot line shown on the east side of Lot 13, Block 2 that should be removed.
1.2 Comply with the standards for common driveways listed in UDC 11-bC-3D.
1.3 The setbacks, building envelope, and orientation of the lots and structures shall be shown as an
exhibit with. the final plat application in accord with UDC 11-6C-3D.7.
1.4 A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall
include a requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment in accord with UDC 11-bC-3D.8.
1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent
fencing is not provided before issuance of a building permit, temporary construction fencing to
contain debris shall be installed around the perimeter. Perimeter, common open space, and
micro-path fencing shall be designed according to UDC 11-3A-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Magic
View Dr. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in E Magic View Dr. The
applicant may be responsible to install two water connections for redundancy and fire flow
requirements. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, asingle-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
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
PAGE 24
EXHIBIT A
2.6 A portion of this development lies within the Meridian Floodplain Overlay District. The
applicant will be required to submit a Floodplain Development Permit and secure approval
before any construction can begin. Permit approval may require development of Base Flood
Elevations, mapping ofthe floodplainand / or floodway boundaries, and analysis of the effect of
the development on the floodplain. Applicant should reference City Flood Damage Prevention
Code and coordinate with the Floodplain Administrator to verify requirements.
2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-b.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval ornon-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, alternate plans shall be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
2.8 Any existing domestic well system within this project shall be removed from domestic service
per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering
Department at (208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitney at (208}334-2190.
2.9 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-521 1.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, 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.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.14 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfi~ll, where footing would sit atop fill material.
2.19 The 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.
PAGE 25
EXHI$IT A
2.20 The applicants design engineer shall be responsible for inspection of all irrigation andlor
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.22 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All
streetlights shall be installed at sub divider's expense. Final design shall be submitted to the
Public Works Department for approved. The street light contractor shall obtain the approved
design on file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
4. POLICE DEPARTMENT
4.1 Comments have not been received from the Police Department on this application.
5. SANITARY SERVICES
5.1 Properties that are accessed by common driveways (as well as others) shall bring their trash to
the curb for pick-up.
6. ADA COUNTY HIGHWAY DISTRICT
b.l Ada County Highway District has no site specific requirements at this time due to the fact that
all street improvements exist. The applicant will be required to pay all applicable platting and
review fees prior to final approval.
7. PARKS DEPARTMENT
7.1 Mitigation shall be required in accord with UDC 11-3B-10 for all existing trees four inch (4")
caliper or greater that are removed from the site with equal replacement of the total calipers lost
on site up to an amount of 100% replacement.
PAGE 26
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
S~p~1bR J4.'~D10 PrOj~ot N0~ ~7
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PAGE 27
EXHIBIT A
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PAGE 28
EXHIBIT A
D, Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDING5
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:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The City Council finds that the proposed change to the Future Land Use Map is consistent
with elements of the Comprehensive Plan that promote compatibility and transition of uses
and zoning. See sections VII and IX above for more details.
b. The proposed amendment provides an improved guide to future growth and
development of the city,
The City Council finds that the proposal to modify the Future Land Use Map to allow for
medium density residential uses on this property would be consistent with abutting low to
medium-low density residential and future office uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The City Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis},
d. The proposed amendment is consistent with the Unified Development Code.
The City Council finds that the proposed amendment to MDR for future single-family
residential townhomes is consistent with the Unified Development Code; UDC Table l 1-
2A-2 allows townhouse dwellings as a principal permitted use in the R-8 zoning district.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the proposed townhouse development would be compatible with
abutting lower density residential uses and future office uses while providing a transition
between these uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services have already been
installed on this site.
g. 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.
The City Council finds the proposed single-family residential development resulting from
the proposed map amendment will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII and IX and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
PAGE 29
EXHIBIT A
2. REZONE FINDINGS;
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds the proposed rezone to R-8 and density is consistent with the
proposed MDR future land use designation for this site. Additionally, the City Council finds
the R-8 zoning and townhome development will provide a transition between existing lower
density residential uses and future office and commercial uses.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district and
development of townhomes on this property is consistent with the purpose statement of the
residential district in that it provides for a range of housing opportunities consistent with the
comprehensive plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City ([JDC 11-5&3.E),
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, the City Council finds the proposed rezone is in
the best interest of the City.
3. PRELIMINARY PLAT FINDINGS:
Inconsideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section Vll, of the
Stafj''Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently provided to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
Exhibit C
EXHIBIT A
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the property is currently serviced by City water and sewer and any other utilities will
be provided by the development at their own cost, the Commission finds that the subdivision
will not require the expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development (see Exhibit B for more detail).
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the proposed development will not be detrimental to the public
health, safety, or general welfare.