Southridge West Commercial DA RZ 09-006ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 45
BOISE IDAHO 06/08/11 11:40 AM
REC RQEQ°°REQUEST OF I!I IIIIIIIIIIIIIIIIIiIIIIIIIIIIIII III
Meridian City 11104E~512
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Cabra Creek, LLC, Owner/Develo er
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THIS DEVELOPMENT AGREEMENT this A reement ism
( g ), ade and entered into
Y , ~0~ and between
Y City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY and Cabra Cr
. ~ eek, LLC, whose
address is 2228 W. Piazza Street,. Meridian Idaho
83642, hereinafter called
OWNER/DEVELOPER,
l • RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner in
law and/or
equity, of certain tract of land in the Count of Ada State of Idah
. , , Y ~ o,
described in Exhibit A for each owner, 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, I.C. § 67-651 lA, Idaho Code rovides that
p cities may,
by ordinance, require or permit as a condition of re-zonin that
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Owner/Developer make a written commitment concernin the use or
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development of the subject Property; and
1.3 WHEREAS, City has exercised its statuto authori
~ ty by the
enactment of Ordinance 11-SB-3, which authorizes develo meat
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agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an a lication for r -
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zoning of the Property described in Exhibit A, and has re uested a
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rezone of 9.33 acres of land from the R-8 (Medium Densi
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Residential) zoning district tothe C-C (Communi Business zonin
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district, (Municipal Code of the City of Meridian ;and
1.5 WHEREAS, Owner/Developer made re resentations at the ubli
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hearings both before the Meridian Planning & Zonin Commission
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and before the Meridian City Council, as to how the sub' ect Pro ert
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will be developed and what improvements will be made' and
DEVELOPMENT AGREEMENT - SoUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE l OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zonin desi nation of the subject Property held before the
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Plannin & Zoning Commission, and subsequently before the City
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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 June, 2010, has approved
Ci of Meridian Planning Department Staff Report, 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
1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER/DEVELOPERdeems 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
roviding services within the planning jurisdiction and from affected
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property ownersand toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 1 1.
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 bindin and are incorporated herein as if set forth in full.
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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:
DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 2 OF 11
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 Cabra Creek, LLC,
whose address is 2228 West Piazza Street, Meridian, ID 83642, 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 ~f Meridian as described in
Exhibit A describing the parcels to be rezone of 9.33 acres of land
from the R-8 (Medium Density Residential) zoning district tothe C-C
(Community Business) zoning district, 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 ~ 11-2B.
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. owner/Developer shall develop the Property in accordance with the
following special conditions:
a. A 10-foot wide multi-use pathway is required to be constructed along the west
boundary of the site adjacent to Ten Mile Road in accord with the City's
Master Pathways Plan and the standards listed in UDC 11-3A-8. The pathway
shall be constructed in cooperation with ACHD and shall be located a
minimum of eight (8) feet from the back of curb of the street improvements
for Ten Mile Road.
b. Comply with the structure and site design standards, asset forth in UDC 11-
3A-19anl the guidelines set forth in the City of Meridian Design Manual.
c. Comply with all bulk, use, and development standards of the C-C district
listed in UDC Chapter 2 District regulations.
DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL, (RZ 09-006) PAGE 3 OF 11
d. Develo ment of this site shall be consistent with the conceptual development
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lan included as Exhibit A.3 and the provisions listed herein.
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e. Prior to issuance of an building permit, the subj ect property shall either be
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subdivided if a ublic street access via Overland Road is proposed), or a
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roe bounda ad'ustment shall be approved to adjust the northeast
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roe line consistent with the boundary shown on the concept plan, in
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accord with the UDC.
f. Protect an existing trees on the subject property that are greater than four-
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inch calf er and/or mitigate for the loss of such trees as set forth in UDC 11-
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3B-10.
. Drive-throw h establishments on this site require conditional use permit
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approval.
h. Council approves one right-in/right-out access to Ten Mile Road subject to
a royal by ACHD and incorporating the following safety considerations: a
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deceleration lane; construction of medians to prevent left-hand turn exits;and -
an other safety items that ACHD would see fit, subject to ACHD's
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engineering and traffic engineer approval.
i. Onl one access via Overland Road for the site is approved as shown on the
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attached conceptual development plan; all other access points to Overland
Road are prohibited.
' . Any future building lots shall not be encumbered by the existing Northwest
Pipeline easement that lies at the north boundary of this site.
k. An encroachment permit is required for any development/improvements
within the Williams Pipeline easement. All development shall comply with the
Williams Gas Pi eline develo ment guidelines, as applicable.
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1. Install all utilities consistent with the standards as set forth in UDC 11-3A-21
and 11-3B-5J.
m. 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, within 6 months
after the date of annexation ordinance approval. Contact the City of Meridian
En ineering Department at (208)898-5500 for inspections of disconnection of
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services. Wells may be used for non-domestic purposes such as landscape
irri anon if approved by Idaho Department of Water Resources Contact
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Robert B. Whitney at (208) 334-2190.
n. Any existing septic systems within this project shall be removed from service
per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact Central District Health for
abandonment procedures and inspections (208) 375-5211.
DEVELOPMENT AGREEMENT - SOUTxRtDGE WEST COMMERCIAL (RZ 09-OOb) PAGE 4 OF 11
MPLIANCE PERIODICONSENT TO REZONE: This Agreement and
6. CO
' contained herein shall be terminated, and the zoning designation reversed,
the commitments
cured material default of the OwnerlDeveloper or Owner's/Developer's heirs,
upon an un
uccessors assi ns to com 1 with Section 5 entitled "Conditions Governing Development
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of Sub' ect Pro ert " of this agreement within two years of the date this Agreement is
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ctive and after the Ci has com lied with the notice and hearing procedures as outlined
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in Idaho Code 67-6509, or any subsequent amendments or recodifications thereof.
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 of OwnerlDeveloper'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 maybe
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/Developer shall
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. Owner/Developer reserves 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 by either Owner/Developer or City is delayed for causes
DEVELOPMENT AGREEMENT - SoUTxRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 5 OF 11
that are beyond the reasonable control of the party responsible for
such erformance, which shall include, without limitation, acts of
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civil disobedience, strikes or similar causes, the time for such
erformance shall be extended by the amount of time of such delay.
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7.5 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
ri hts or remedies of City nor apply to any subsequent default of any
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such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
an ortion or the entirety of said development of the Property as required by this Agreement
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orb Ci ordinance or policy, notify the City Engineer and request the City Engineer's
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ins ections and written approval of such completed improvements or portion thereof in
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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 faithfully comply
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 ofany 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's cost, 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.
DEVELOPMENT AGREEMENT - SoUTxR~DGE WEST COMMERCIAL (RZ 09-006) PAGE b OF 11
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
'urisdiction b either Ci or Owner/Developer, or by any successor or successors in title or
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b the assi ns of the parties hereto. Enforcement may be sought by an appropriate action at
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law or in e ui to secure the s ecific performance of the covenants, agreements, conditions,
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and obligations contained herein.
12.1 Sub'ect to Sections 6 and 7 of this Agreement, in the event of an
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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
art 's seeking of any remedy provided for herein; provided,
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however, that in the case of any such default which cannot with
dili ence be cured within such thirty (30) day period, if the defaulting
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party shall commence to cure the same within such thirty (3 0) day
eriod and thereafter shall prosecute the curing of same with
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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 Owner/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 OwnerlDeveloperagrees toprovide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
Ci and Developer/Owner has entered into an addendum agreement stating when the
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im rovements will be completed in a phased developed; and in any event, no Certificates of
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Occu anc shall be issued in any phase in which the improvements have not been installed,
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completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide b all ordinances of the City of Meridian and the Property shall be subject to de-
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annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 7 OF 11
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
A reement shall be deemed delivered if and when personally delivered or three (3} days aver
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de osit in the United States Mail, registered or certified mail, postage prepaid, return receipt
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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:
Cabra Creek, LLC
2228 W. Piazza
Meridian, ID 83642
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. ATTORNEY FEES: Should any litigation be commenced between the
arties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
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an other relief as may be granted, to court costs and reasonable attorney s fees as
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determined by a Court of competent ~urisdictlon. This provision shall be deemed to be a
se arate contract between the parties and shall survive any default, termination or forfeiture
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of this Agreement.
18. 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
rovision hereof, and that the failure to timely perform any of the obligations hereunder shall
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constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
re resentatives, including City's corporate authorities and their successors in office. This
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Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
DEVELOPMENT AGREEMENT - S~UTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 8 OF 11
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 ofOwner/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 Agreement.
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 provisions
contained herein.
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 usesand/or conditions governing re-zoning of the
subj ect 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.
DEVELOPMENT AGREEMENT - SoUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this a reement
and made it effective g
as hereinabove provided.
CITY OF MERIDIAN
Mayor my de Weerd
ATTEST:
Jaycee L~Iolman, City Clerk
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DEVELOPMENT AGREEMENT - SoUTHRtoGE WEST COMMERCIAL (RZ 09-006) PAGE 10 OF 11
STATE OF IDAHO, )
): ss
County of !~~ .1
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On this .~ day of ~~~. ~~}p
• ,before me, a Notary
Public in and for said State, personally ap eared /~1 `"
p ~ ~~ on behalf
of Cabra Creek, LLC, known or identified to me to be the
person who executed this
agreement and acknowledged to me that he executed the same on behalf of '
lia i ' said limited
b lity corporation.
IN WITNESS WHEREOF, I have hereunto set m hand and affix
offs i Y ed my
cal seal the day and ear in this certificate first above written.
,~''`~'~ OAR ~~''~,
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(SEAL)
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A ~,1G ~ Notary Public for Idaho
va
:, ~' '~.~ .•'• ~ ,•' Residin at: SCOTT DA ING
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'•,;~ T~ lU ~;,~• My Commission Ex '
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COMMISSION EXPIF~ES: ~1-28-13
STATE OF IDAHO )
ss
County of Ada )
~~ ~~ ~
On this '" day of ~~,
~'1~'1; bcforc mc, a Notary
Public, personally appeared Tammy de Weerd and Ja cee L. Holman kn '
Y ow or identified to
me to be the Mayor and Clerk, respectively, of the Ci of Meridian who ex
• tY ecuted the
instrument of behalf of said City, and acknowledged to me that such Cit executed the s
Y ame.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed m
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official seal the day and year in this certificate first above written.
,....,
.'~~GA JO''•.
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ary Public f Ida
Residing at: ~
Commission expires:
DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 11 OF 11
Exhibit A
rebruary ~~, 20.0
~~ ~~ ~ Page ~ of 2
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X'HB IAND GRaU~, ;NC,
February ~~., Zp10
Project Na.~ ~.09~.46
legal aescr~iption
gezane
Cobra Creek, ~,t.C
9 33 Acres
A tract of rand situated in, the West qne ~~alf of the Northwest qne uar~ter
~t of Section
~3, Township 3 North, flange 1 Kest, Boise Meridian, Cit of Meridian Ada C
Idaho described as fol ~ Y aunty,
r lows:
Commencingat a brass cap monumentingthe Test qne t~uarterofsa'
~d Section 28 on
the centerline af~~South 1'en Mile jZa~d, from v~hich a brass ca ~ ..
p n7onumentrng the
Northwest Corner of said Section ~3 bears North ao°56'19" fast a distance of z 62
9.48
feet;
Thence following the westerly line of said Section ~3 and the centerlin '
o ~ r~ a of said South
Ten Mile Road, North Qp 5619 bast a distance o~ 717;25 feet to the POINT' oi=
BE~iNNING;
Whence following said wester~iy line and said centerline, North 0U°56'19't East a
distance of 875..1 feet to a point;
Thence leaving said said ~rester~ly line and said centerline, South 68°49'3S" bas
to
distance of 143.,82 feet to a point;
Thence South 53°48'35" East a distance of 41,26 feet to a point;
Thence South 3~,°33'47" East a distance of 2,9..26 feet to a paint;
'Thence South 47°39'35" East a distance of 816.93 feet to a point an the
centerline of West gverland Road;
Thence following said centerline, 411,56 feet along the arc of a circular curve t~
the r°ight, said curve having a radius of 1,OOA~04 feet, a central an leaf
8
23°34'51", a chord bearing of South '18°56`25".West and a chord distance of
4x8.,67 feet to a paint;
Thence following said centerline, North 89°16'48" West a distance of 466.86 feet
to the POINT qF BEGINNlN~
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Feb rua r~ 11, 2010
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IHE ~.,ANg GROU1~, I~1C,
'The abave'described tract of land contains 9,33 acres, rno~e or less '
sebaectt~ any
existing easements orrights-of way.
Pr'epar'ed By; THE IANDGR~UP, INC~
X62 ~, SHARE DRI~lE
EAGf.~, iUAHO 8365
208••9~J~ '~'~~i
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G.~2009~t0914G~~~dmin~Le~a1s~C~bra Creekl~~ 100211 it~~one 1091~l6.doc
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~..%Vl E IDIAN~-
IDAHO
In the Matter of Annexation & Zoning of 5.b3 Acres of Land from the RUT district in Ada
County to the M-E District; Rezone of 9.33 Acres of Land from the R-8 District to the C-C
District; and Comprehensive Plan Future Land Use Map Amendment to Chan a the Land
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Use Designation on 60.74 Acres of Land from Medium High Density Residential, Medium
Density Residential, Green Space & Park Land, and Mixed Use Commercial to Mixed
Employment, by Cabra Creek, LLC.
Case Nots). AZ-09-010; RZ-09-OOb; CPA-09-O10
For the City Council Hearing Date of: April 27, and May 25, 2010 (Findings on the June 8
2010 City Council agenda}
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 27, 2010,
incorporated by reference}
2. Process Facts (see attached Staff Report for the hearing date of April 27, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of A ril
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27, 2010, incorporated by reference}
4. Required Findings per the Unified Development Code (see attached Staff R ort for the
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hearing date of April 27, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land iJse
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code I.C. 67-b503 .
( § }
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title l 1 Meridian City Code, and all current zoning maps thereof. The Ci of
.. tY
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. 02-3 82 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S}. AZ-09-010; RZ-09-006; CPA-09-010
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.
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 u on
. p
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the legal descriptions and development agreement
provisions in the attached Staff Report for the hearing date of April 27, 2010,
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-SA and
based upon the above and foregoing Findings of Fact which are herein ado ted, it is hereb
p Y
ordered that:
1. The applicant's annexation and zoning request to M-E as evidenced by havin
. g
submitted the legal description and exhibit map, stamped by Aaron L. Ballard and dated
February 11, 2010, is hereby conditionally approved;
2. The applicant's rezone request to C-C as evidenced b Navin submitted the le al
. ., y g g
description and exhibit map, stamped by Aaron L. Ballard and dated Febru 11, 2010
~'Y
is hereby conditionally approved;
3. A Development Agreement (DA) is required with the subject rezone a royal. The
.. ~ Pp
provisions of the DA are as shown in Exhibit B of the attached Staff Report for the
hearing date of Apri127, 2010, incorporated by reference; and,
4. The applicant's request for an amendment to the comprehensive plan future land use
map to change the land use designation on 60.74 acres of land to Mixed Employment is
approved.
D. Attached: Staff Report for the hearing date of April 27, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE N4{S}, AZ-09-010; RZ-09-OOb; CPA-09-010
.~_
By action of the City Council at its regulaz meeting held on the day of
t 1 r•,.e~, , 2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED~~--
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED ~"
(TIE BREAKER}
--''"'
~/' '~
~~ ,~;~
Mayor y de 'Weerd
`,,1~~~,i~iiE~lrir~~~ ~i
Attest: ,~~ Q~ MAR! ~ ''~~
,~ ~- '~~,
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F
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v ~
~ ~
r
R
aycee H an, City Clerk
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=; ~' Use ~s~ •, .~
Copy served upon ApplicanC;,, > , ent, Public Works Department and Cit
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Attorney.
B Dated: ~ lq ~~ c7
C1 O ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-010; RZ-09-006; CPA-09-010
-3-
STAFF REPORT
T0:
FROM:
SUBJECT:
Hearing Date: Apri127, 2010
Mayor & City Council
Sonya Wafters, Associate City Planner
208-884-5533
~~Vl E IDIAN~-
IDAHO
CPA-09-010; AZ-09-010; RZ-09-OOb -South Ridge West Commercial
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Cabra Creek, LLC, has applied for an amendment to the Comprehensive Plan Future
Land Use Map (CPA) to change the land use designation on 60.74 acres of land from Medium High
Density Residential, Medium Density Residential, Green Space & Park Land, and Mixed Use
Commercial to Mixed Employment.
The applicant also requests Annexation and Zoning (AZ) approval of 5.63 acres of land from the
RUT district in Ada County to the M-E (Mixed Employment} district in the City.
Lastly, a Rezone (RZ} is requested of 9.33 acres of land from the R-8 (Medium Density Residential)
zoning district to the C-C {Community Business) zoning district. See Section 10 of the staf~'report
for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPA, AZ, & RZ applications with the conditions and
Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Plannin & Zonin Commission heard these items on March 4 and 18 2010. At
the public hearing on the 18t they moved to recommend approval of the subiect CP AZ, and
RZ request.
a. Summary of Commission Public Hearing;
i. In favor: Van Elg
ii. In opposition: None
iii. Commenting; Janet Puga; Scott Nichols; Scott Grubs; Liz Turco
.
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s)_of Discussion b Commission:
i. Develo meat of property adi scent to the Northwest pipeline and any applicable
restrictions;
ii. Direct access to Ten Mile Road for the property proposed to be rezoned;
iii. Whether or not drive-thru establishments are consistent with uses desired in Mixed
Employment designated areas and if so, should CUP approval be required.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission voted to recommend removal of the Development Agreement
provision recommended by staff prohibiting access to Ten Mile Road in order to give
the developer an opportunity to demonstrate how it could work for further
consideration (see DA provision #h).
SouthRidge CPA AZ RZ PAGE 1
d. Outstanding Issue(s) for Ci Council:
i. Council should determine if direct access to Ten Mile Road, an arterial street, should be
allowed, as requested by the applicant. UDC (11-3A-3) requires access to betaken from
a local street where available; Staff determines the driveway off Overland Road into the
..,~~.
site that stubs to the north boundary of the proposed C-C district (shown on the site
plan) serves as a local street. However, Council may waive this standard and allow
access to Ten Mile if deemed appro riate. If Council votes to allow the access to Ten
.._
Mile as proposed by the applicant, DA provision #h should be modified accordingly.
~ rv of City Council Public Hearing:
-- ,.~..~
L In favor: Van Fly; ,Tnctin Rlaclrctnck
li I._pt~osition: None
jii~ ~ .
jy~ Written testimony: None
~ taff nresen 'ng application: Sonya Watterc
•
YL •
~ '
_L The location and deci~n of the multi-ice pathway required adia~en~ to Ten M'le
iL Direct access to/from the site via Ten , , i, j~~g~,;
~._~.,-
11L Council approved the a vexation without a development agreement with the
erstanding that the property will be incorporated into A fi~h,rp ~levelnnroent
.
The annexation area is anticipated to be 'nclLded in~he Master Plan for the
adiacent M .designated area.
~ ev Counc 1 Changes to staff/f.'nmmiccinn Rprnmmpnrlntin~
L
_ '
to A .HD of a ri ht_in_ right- on Ten Mile pad with safety
era onc, nC ll ing a - ~An. t0 Dr le -
' s and any other afety itemc that A .Hn old see fit. subiect to A_ CHD'
~-
' and traffic engineer approval: 2) drive-thru e~tabLchmentc rea»irp
..
~ ' ad north to the drainage basin and east & north around
•
etween Ten ile Road and the drainage basin to discourage pedectrign/hi~vrlp
traffic in this area for safety., rea~on~ ~~~~
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPA-09-
010, AZ-09-O10, & RZ-09-006, as presented in the staff report for the hearing date of April 27, 2010
with the following modifications: (Add any proposed modifications.}
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPA-09-
010, AZ-09-O)0, & RZ-09-006, as presented during the hearing on Apri127, ZO10 for the
SouthRidge CPA AZ RZ PAGE 2
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reasons} for the denial of the plat. }
Continuance
I move to continue File Numbers CPA-09-O10, AZ-09-010, & RZ-09-006, to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reasons}
for continuance.}
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northeast corner of S. Ten Mile Road and W. Overland Road, in the
northwest % of Section 23, Township 3 North, Range 1 West.
B. Owners};
Cabra Creek, LLC
2228 W. Piazza Street
Meridian, ID 83646
C. Applicant:
Same as owner
D. Representative:
Van Elg, The Land Group, Inc.
462 E. Shore, Ste.100
Eagle, ID 83b16
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PRnCESS FACTS
A. The subject application is for an amendment to the comprehensive plan future land use map,
annexation & zoning, and a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on these matters, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: February 15, and March 1, 2010 (Commission}; April 5,
and 19, 2010 (City Council)
C. Radius notices mailed to properties within 300 feet on: February 11, 2010 (Commission}; April 2,
2010 (city council)
D. Applicant posted notice on site by: March 8, 2010 (Commission); Apri116, 2010 (City Council}
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property has not yet been developed and is
currently vacant. The property is currently zoned L-O, TN-R, and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant undeveloped land, zoned M-E; and rural residential property, zoned RUT in
Ada County
2. East: Vacant undeveloped property, zoned TN-R, and R-8
3. South: Vacant undeveloped property, zoned R-4 and R-8
SouthRidge CPA AZ RZ PAGE 3
4. West: Rural residential properties, zoned R1 and RUT in Ada County
C. History of Previous Actions:
• The majority of the subject property was annexed (AZ-06-031) in 2007 as part of the larger
Southridge development. A preliminary plat (PP-06-031} that included the majority of the
subj ect property was approved concurrent with the annexation.
• A property boundary adjustment (PBA-08.014} was approved in 2008 that identified 10
original parcels of record that were of record in the Ada County recorder's office prior to
Apri12,1984. The boundaries of these parcels were adjusted so that the parcels that were
consistent with the master concept plan and development a~eement could move forward
without platting.
• A request for a development agreement modification (MDA-08-004) was approved by
Council in 2008; however, the DA has not yet been signed by the owner or approved by
Council.
• A final plat (FP-08-017} for the first phase of development was approved in 2008 but has not
yet been recorded.
• An 18 month time extension (TE-09-009) was approved on February 23, 2009 to obtain the
City Engineer's signature on the final plat, to expire on August b, 2010.
• The d.16 acre portion of the subj ect property previously owned by the Hodges' was annexed
(A2-09-009) in 2009.
D. Utilities:
1. Public Works:
a. Location of sewer: Temporary dry lines are to be installed with no building permits until
sanitary restrictions are lifted.
b. Location of water: W Overland Road.
c. Issues or concerns: Timing of the installation for the required booster station and
connection to sewer.
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Floodplain: This site is not within the floodplain or floodway.
VII. COMPREHENSIVE PLAN PQLICIES AND GUALS
This site (b0.74 acres) lies within the area encompassed by the Ten Mile Interchange. Specific Area
Plan (TMISAP) and is currently designated for Medium High Density Residential (MI~DR), Medium
Density Residential (MDR), Green Space & Park Land (PARK), and Mixed Use Commercial (MUC)
land uses on the Future Land Use Map. The applicant is proposing to change the land use designation
of the entire site to Mixed Employment (ME}. However, no development is proposed with this
application.
Per the TMISAP (page 3-11), "The purpose of ME areas is to encourage a diversity of compatible
land uses that may include a mixture of office, research and specialized employment areas, Ught
industrial including manufacturing and assembly, and other miscellaneous uses. These areas
generally do not include retail and consumer. service uses serving the wider community.
SouthRidge CPA AZ RZ PAGE 4
However, a small amount of retail and service establishments, rimaril servin em to ee
p y g p y s and
users of the ME areas or nearby industrial areas, are allowed.
ME areas should provide a variety of flexible sites for small, local or start-u businesses
as sites for lar a nations p , as well
g 1 or regional enterprises. ME areas should be designed to encoura e
multimodal travel and convenient circulation to g
supporting uses located within the area. This
would include multiple access points to help disperse traffic, and a com lete s stem of stye
sidewalks, and edestrian an p y ets,
P d bicycle paths to provide circulation within the area and
connections to the surrounding roadway, pedestrian and trail systems.
ME areas should be designed as tower density suburbans le develo meats. Desi a
tY p gn nd
development standards are recommended that would help to make develo meats more
attractive, en a 'n and accessible p
g lp g, places.
while there are no fixed limits on size of establishment or development intensi in ME areas it
is anticipated that buildings will range in height from 1-4 stories, have total floor areas of
10,000-1,000,000 square feet, and that FAR will exceed .75."
Staff finds the following Comprehensive Plan policies to be applicable to this property and a 1 to
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the proposed use (staff analysis in italics).
• Chapter VII, Goal III, Objective A, Action 1-Require that develo meat ro'ects have lanned
p p~ p
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to be annexed
and rezoned in the following manner:
- Sanitary sewer and water service will be extended to the site at the developer's expense.
- The subject lands either currently lie within the jurisdiction of the Meridian Fire Department
or will lie within the Meridian Fire Department s jurisdiction upon annexah'on.
- The subject lands either currently lie within the jurisdiction of the Meridian Police
Department or will lie within the Meridian Police Department's jurisdiction upon
annexation.
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. Z. This service
will not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will be provided by the Meridian Buildin De artment the
g p
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 V, Goal III, Obj ective D, Action S -Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping will be required to be installed
upon development of the property in accord with the standards listed in UDC 11-3B.
Sou~hRidge CPA AZ RZ PAGE 5
Chapter VII, Goal IV, Obj ective D, Action 2 ~ Restrict curb cuts and access oints on colle
and arterial streets. p ctors
Direct access to this property from Ten Mile Road is prohibited and access to Overland Road is
restricted per the provisions of the existing development agreement FDA). Sta is recommendin
.. .J~ g
as a provision of the subject DA for the rezone that direct access to Ten Mile is rohibited and
access to Overland be restricted too p
ne driveway as shown on the conceptual development plan.
• Chapter VII, Goal I, Obj ective E -Establish industrial areas to meet the em to ment needs of the
Cit of Meridian, p Y
Y
The applicant is requesting an amendment to the future land use map desi ation o the sub 'ect
~ f J
property to Mixed Employment (ME}. As stated above, M~ areas encourage a diversity o
. f
compatible land uses including light industrial uses. Adding more industrial proper should
contribute to employment opportunities available within the City.
• Chapter V, Goal III, Objective B, Action 8 ~-Require all developments adjacent to desi ated
entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on
the site adj acent to the roadway.
A section of Ten Mile Road adjacent to the northern portion of this site is designated as an
entryway corridor. As such, a 3S foot wide landscape buffer is required upon development of the
site.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for 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.
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. As is applicable to the subject application,
the City should encourage the clustering of commercial development at or near existing arterials
and collector roads and require landscaping of new development to provide beautification. All
future construction on the subject site will require approval of a Certificates of Zoning
Compliance and Design Review prior to construction. Staff will ensure that future development
on this site complies with any and all applicable design and landscaping standards, as provided
for through the Unified Development Code and Design Manual.
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. Staff believes that all necessary services are currently available or can be available at the
time of development of the subj ect 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. As
SouthRidge CPA AZ RZ PAGE 6
the site is currently proposed for mixed employment type uses, Staff finds that this element is not
applicable to the subject application.
d. Economic Development
Meridian's economic base has been gradually shifting 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 Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City. As a specific measure to promote economic develo ment, the Cit develo ed the ME
p Y P
land use designation, which encourages a variety of compatible employment opportunities.
e. Public Services, Facilities, and Utilities
City water and sewer service will be available to the subject property at the time of development..
Public services such as police and fire .protection are currently provided to the portion of the
subj ect property already in the City.
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 applicant is proposing a commercial development
on the site. Therefore, the subj ect application does not apply here.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The TMISAP also contains a transportation element that identifies a preferred
arteriaUcollectornettyork throughout the planning area. That element depicts the reali ent
of Overland Road fi~rtlier to the south (at the south boundary of the subject propert as
. y}
an arterial street. This realignment has been completed and is currently in service. Staff is
of the opinion that the proposed plan amendment is consistent with the plan.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that the proposed commercial and industrial use of this
property will degrade any sensitive environmental features in this area.
i. Special Areas
The subject amendment does not directly impact any lands zoned for ~ open spaces, natural
resources, or scenic areas, nor does the parcel contain any known significant natural resources.
~. 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 17 developed City parks totaling approximately
191.58 acres. Two new park facilities totaling approximately b7.5 acres are currently in the
design process. The City also maintains several pathways. A segment of the City's multi-use
pathway system is designated on the City's Master Pathways Plan along the west boundary of the
site adj acent to Ten Mile Road.
1. Land Use
SouthRidge CPA AZ RZ PAGE 7
The policies of this element are presented in the text of the Comprehensive Plan. The TMSAP is
an element of the Comprehensive Plan and the Future Land Use Map is a graphic representation
of the policies and goals of Meridian's Comprehensive Plan. The Map has been repared to
identif ,suitable areas for fut ~ p
Y ure residential, commercial, and industrial development. The Map is
designed to be a prof ection of growth patterns for the City. Therefore, the Map is to be used as a
guide for development decisions including requests for land use changes. Staff believes the
commercial and industrial use and zoning of this site, along with its location adjacent to two
arterial streets, makes this property appropriate for commercial and industrial uses, thus justi 'n
~g
the request for the land use changes.
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the olicies and
p
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 Cit
Y
Council. The Planning & Zoning Commission is also authorized by the Council to review,
approve and make recommendations on proposals affecting the public's interest inland 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 violate rivate ro ri hts.
P p l~~Y g
A neighborhood meeting was held on November 25, 2009, and again on February 25, 2010, of
which a total of three neighbors attended.
In summary, staff finds that the proposed zoning change to M-E and C-Cis consistent with proposed
ME land use designation and generally conforms to the stated purpose, intent, and standards o the
f
ME land use category within the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone(s):
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accord with the Meridian Comprehensive Plan. Four districts are designated which
differ in the size and scale of commercial structures accommodated in the district, the scale and
mix of allowed commercial uses, and the location of the district proximity to streets and
highways.
B. Schedule of Use: Unified Development Code (UDC} Table 11-2B-21ists the permitted,
accessory, and conditional uses in the C-C and M-E zoning districts. No speci ac uses are
proposed with this application.
C. Dimensional Standards: The dimensional standards listed in UDC Table 1 l -2B-3 for the C-C and
M-E districts apply to development of this site.
D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application.
1. Width of street buffers}: NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
SouthRidge CPA AZ RZ PAGE 8
4, Tree Preservation: NA
E. Parking: Parking is not required with this application.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Comprehensive Plan Amendment Application:
The applicant requests an amendment to the Comprehensive Plan future land use ma to
chars a the land use desi ation n P
g gn o 60.74 acres of land from Medium High Density
Residential (MHDR), Medium Density Residential MDR}, Green Space & Park Land
(PARK}, and Mixed Use Commercial (MUC) to Mixed Employment (ME}. Please see
Section VII above for the Comprehensive Plan policies, goals, and analysis related to this
application.
Because there is ME designated property to the north of the subject pro erty, and because the
too a h of the p
P gr p y land in this area has changed so that there is no longer a separation
elevation-wise between these properties, staff feels expanding the boundary of the ME
designation further to the south in this area is a logical request. Additionally, Overland Road
abuts the site along the east boundary, and Ten Mile Road abuts the site along the west
boundary, which will provide a buffer to existing and future adjacent residential uses.
Staff supports the removal of the Park designation as the reason it was designated as such was
not because the City believed it would make a good park site, but because of the significant
grade of the property resulting in an unbuildable area. Additionally, a portion of the City's
multi-use pathway system was originally planned to run along the Ridenbaugh Canal on this
site but was re-routed to the south side of Overland so that the pathway could cross Ten Mile
Road at a signalized intersection.
The MHDR and MDR areas were also designated as such because of the lower ade of the
~'
land in this area from the ME designated property to the north. Previously, there was more of
elevation separation between the ME area and the residential area. The area as a whole has
since been regraded and seems more suitable for non-residentiaUnon-park land uses and the
extension of ME uses.
Staff is of the opinion that the portion of the site southwest of the i eline currentl
pp Y
designated as MUC on the future land use map is not feasible to develop as such because of
the mix of uses desired in MUC areas. The close proximity of the Williams Pi eline to an
P
area planned for residential uses is a strong influence for the proposed change to ME, which
would not require a residential component. Without a residential component, there is not an
adequate mix of uses for an MUC designated area.
For the reasons stated above, Staff is supportive of the requested map amendment to ME and
believes the diversity in the types of businesses encouraged within ME areas will increase the
amount of employment opportunities available within the City.
Note: The Northwest Gas Pipeline is a natural gas pipeline that serves as a primary artery
for the transmission of natural gas to the Paci tc Northwest and Intermountain Region. An
approximate 1,100 foot long section of the pipeline bisects this site near the southwest
corner. All development shall comply with the Northwest Gas Pipeline Development
Guidelines. An encroachment permit is required for any development/improvements within
the pipeline easement.
2. Annexation Application:
SouthRidge CPA AZ RZ PAGE 9
The applicant proposes to annex 5.63 acres of land with an M-E zonin desi ation
g ~
consistent with the concurrent proposed amendment to the future land use map to chan a the
land use desi ation to ME for this sit g
~ e and the adjacent area to the east and south.
The applicant has not submitted a conceptual development plan for this ro ert . Due to the
P P Y
size & configuration of the property, staff does not anticipate the piece will develo b itself
therefore, staff is not re uirin a p Y '
q g development plan to be submitted at this time.
Staff anticipates that when the larger surrounding area is rezoned consistent with the
proposed change to the future land use map, a development plan will be submitted to include
the subject annexation area. Staff anticipates this area will be included in a future DA when
the adjacent area proposed solely for the map amendment north of the i eline is ro sed
P P } P l~
to be rezoned. Staff is supportive of the annexation request with an M-E zonin district as it
is consistent with the ro ose g
p p d land use change to the future land use map of ME.
3. Rezone Application:
The applicant proposes to rezone 9.33 acres of land from the R-8 district to the C-C district
consistent with the concurrent proposed amendment to the future land use ma to chan a the
p g
land use designation to ME for this site and the adjacent area to the north and east.
The applicant has submitted a conceptual development plan included as Exhibit A.3}
showing how this site may develop in the future with a convenience store/gas station, retail,
and two quick service restaurants. A 75-foot wide easement for the Northwest Pipeline is also
shown on the plan; common area with a pathway is planned for this area. Drive-thru service
windows are proposed for the c-store and both restaurants. Per the TMISAP, convenience
retail ispermitted inthe C-C zoning district under the ME land use designation. Small
amounts of retail and service establishments, primarily serving employees and users of the
ME areas or nearby industrial areas are allowed.
Staff believes the proposed uses on the site will primarily serve em to ees and users of the
pY
ME area and are compatible with the ME designation. However, staff does not believe the
proposed drive-thru's are consistent with the objectives of ME designated areas as they will
primarily serve the motoring public, rather than employees and users of the immediate area
within walking distance as desired in ME designated areas. Therefore, staff is including a
DA provision that prohibitsdrive-thru's on the site.
The concept plan depicts aright-inlright-out access on the west boundary of the site via Ten
Mile Road. The current DA prohibits access to Ten Mile Road. ACRD is not su ortive of
Pp
the proposed access to Ten Mile Road. Therefore, Staff recommends the new DA also
prohibit access to Ten Mile Road.
The subject site currently is included in the Development Agreement for the larger
Southridge development. Subsequent to annexation, this property has been sold and is under
new ownership. For this reason, staff is recommending the current owner enter into a new
DA with the City separating it from the Southridge Development Agreement. Upon rezone
of the remainder of the property included in the CPA request, the remaining area should
also be included in the subject DA.
Ta ensure the property is developed in a manor consistent with the comprehensive plan and
does not negatively .impact nearby adjacent properties, staff is recommending the applicant
enter into a Development Agreement (DA) with the City that requires a written
commitment for all future uses, in accord with UDC 11-SB-3D2 and Idaho Code § 65-
6711 A. If the Commission or Council feel that additional provisions are necessary, staff
SouthRidge CPA AZ RZ PAGE 10
recommends a clear outline of the commitments of the developer being required. Please
see Exhibit B for a list of DA provisions applicable to this site.
X, EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Comprehensive Plan Future Land Use Map -Adopted & Proposed Land Use Designations
3. Conceptual Development Plan for Property Proposed to be Zoned C-C
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
b. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
SouthRidge CPA AZ RZ PAGE 11
~Xhl~31t A,1- Vicinity/lonin~; Map
F;xhibit A.2 -Comprehensive Plan Future Iaand Use Map -~ Ado ted & Pro osed Land Use D ~ ~~
p p ~5i~nations
Exhibit A.3 -Conceptual Development Plan for Property Proposed to beZoned C-C
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1. PLANNING DEPARTMENT
1.1 The annexation and rezone legal descriptions prepared by Aaron L. Ballard, PLS, dated 2/11110
and submitted with the application (included in Exhibit C}, are accurate and meet the
requirements of the City of Meridian and State Tax Commission.
1.2 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 owners} at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to
initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. A 10-foot wide multi-use pathway is required to be constructed along the west boundary of
the site adj acent to Ten Mile Road in accord with the City's Master Pathways Plan and the
standards listed in UDC 11-3A-8. The nathwav sha~~f~t a Ove, rland~en
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nioeline easeme~ and back to Tgn M l~$~~~ ~inQ nnrt . ~•r Apr o~ 1
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In t0 l~l _de. ~ ~ _rP_ rn~~~ ~n this arp fnr .~nfvh n.cnn
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b. Comply with the structure and site design standards, asset forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
c. Comply with all bulk, use, and development standards of the C-C district listed in UDC
Chapter 2 District regulations.
d. Development of this site shall be consistent with the conceptual development plan included
as Exhibit A.3 and the provisions listed herein.
e. Prior to issuance of any building permit, the subject property shall either be subdivided (if a
public street access via Overland Road is proposed}, or a property boundary adjustment shall
be approved to adjust the northeast property line consistent with the boundary shown on the
concept plan, in accord with the UDC.
f. Protect any existing trees on the subject property that are greater than four-inch caliper
andlor mitigate for the loss of such trees asset forth in UDC 11-3B-10.
g. 1~rive-through establishments ~e-~llewed on this site ~,uirg ' ' u~~~
. .
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. C~cil
s~ one
-.ice -out access to Ten ile Road s bie
incoruorating th foll ,
t to annr vas. ~v ACRD an
ecele~14~11anst
ructi n of
medians to prevent deft-hand turn exits: and anv o her safe items t at C HD w~ou~ld
l.AA ff~ l111~^AA~ ~A A 1 ~L~ ~ l~l. AM Mf~AALf~/r AM~ ~LAfffA AN MMAAtA ANNNAIiA~
i. Only one access via Overland Road for the site is approved as shown on the attached
conceptual development plan; all other access points to Overland Road are prohibited.
j. Any future building lots shall not be encumbered by the existing Northwest Pipeline
easement that lies at the north boundary of this site.
k. An encroachment permit is required for any developmentlimprovements within the Williams
Pipeline easement. All development shall comply with the Williams Gas Pipeline
development guidelines, as applicable.
1. Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11-3B-SJ.
n. 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, within b months after the date of
annexation ordinance approval. Contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-
domesticpurposes such as landscape irrigation if approved by Idaho Department of Water
Resources Contact Robert B. Whitney at (208}334-2190.
o. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8, within b months after the date of annexation ordinance
approval. Contact Central District Health for abandonment procedures and inspections
(208}375-5211.
2. PUBLIC'W4RKS DEPARTMENT
2.1 Future sanitary sewer service to this development is being proposed to be constructed as a
temporary dry line that will connect to the existing main located approximately 1200 feet east of
the applicant's east property line. Plans for this construction have been received by Meridian
Public Works and are now being review. However this property is currently not serviceable and
the City of Meridian does not guarantee service in the timelines established in the UDC.
2.2 No sewer manholes or water valves shall be allowed in landscape islands. If mains are routed
under the islands then no trees or other fixed vertical objects shall be allowed.
2.3 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.4 The applicant shall install sewer mains to and through this development; 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.
2.5 Water service to this site is being proposed via extension of mains in Overland Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.b Due to the fact that there is no existing feed for the new high pressure zone being created by this
development, the applicant will be responsible to install a booster station, and donate a well site
on the south side of the Ridenbaugh Canal; location has been coordinated with the Public Works
Department.
2.7 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to applying for building permits.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.9 The City of Meridian requires that pressurized irrigation systems besupplied by ayear-round
source of water {UDC 1 I -3A-b). The applicant should be required to use any existing surface or
11 water for the rims source. If a surface or well source is not available, asingle-point
we p rY
tion to the culina waters stem shall be required. If a single-point connection is utilized,
connec ry Y
the develo er will be responsible for the payment of assessments for the common areas prior to
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applying for building permits..
An existin domestic wells and/or septic systems within this prof ect shall be removed from
2.10 y g . ~ W lls ma be used for non-
domestic service per City Ordinance Section 9-1-4 and 9-4-8. e y
domestic purposes such as landscape irrigation.
UDC 11-3A-G all irri ation ditches, laterals or canals, exclusive of natural waterways, that
2.11 Per g
' tersect cross or lie within the area being subdivided shall be covered. Plans will need to be
in ,
a roved b the a ro riate irrigation/drainage district, or lateral users association (ditch
pp Y pp P
owners ,with written approval ornon-approval submitted to the Public Works Department pnor
} laps will be
to lan a royal. If lateral users association approval can not be obtained, alternate p
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reviewed and approved by the City Engineer.
drama a lan desi ed b a State of Idaho licensed architect or engineer is required and shall
2.12 A g p gn y
be submitted to the City Engineer (Ord. 557,10-1-91 }for all off-street parking areas. Storm water
atment and dis osal shall be desi ed in accordance with Department of Environmental
tre p ~
uali 1997 ublication Catalog of Storm Water Best Management Practices for Idaho Cities
Q ~ p urface water is
and Counties and City of Meridian standards and policies. off-site disposal into s
rohibited unless the jurisdiction which has authority over the receiving stream provides written
P
authorization rior to development plan approval. The applicant is responsible for filing all
p
necess a lications with the Idaho Department of Water Resources regarding Shallow
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Injection Wells.
2.13 Street si s are to be in place, water system shall be approved and activated, fencing installed,
drama a lots constructed, road base approved by the Ada County Highway District, prior to
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applying for building permits.
2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencin ,landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
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applying for building permits.
2.15 All development improvements, including but not limited to sewer, fencing, micro-paths,
ressurized irrigation and landscaping shall be installed and approved prior to obtaining
P
certificates of occupancy.
2.16 A licant shall be required to pay Public Works development plan review, and construction
pP
ins ection fees, as determined during the plan review process, prior to construction plan approval.
P
2.17 A licant shall be responsible for application and compliance with and NPDES Permitting that
pp
may be required by the Environmental Protection Agency.
2.18 A licant shall be responsible for application and compliance with any Section 404 Permitting
pp
that may be required by the Army Corps of Engineers.
2.19 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.20 The en ineer shall be required to certify that the street centerline elevations are set a minimum of
g .
3-feet above the highest established peak groundwater elevation.
2.21 l00 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All street
lights 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 commenca
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installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC. One hundred watt, high-pressure sodium
streetlights shall be required at locations designated by the Public Works Department. Height for
3. FIRE DEPARTMENT
The Fire Department has no comments at this time.
4. POLICE DEPARTMENT
The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
S SC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide concrete sidewalk located a minimum of 48-feet.. from the centerline of
Overland Road abutting the site. Coordinate the exact location of the sidewalk with Development
Review Staff.
7.1.2 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the
centerline of Ten Mile Road abutting the site. Coordinate the exact location of the sidewalk with
Development Review staff.
7.1.3 Construct one roadway (public or private) to intersect Overland Road located approximately 370-
feet east of the intersection of Ten Mile Road and Overland Road, as proposed.
7.1.4 If the proposed roadway is public then;
Construct the public roadway as a 40-foot wide commercial roadway with vertical curb,
gutter, and 5-foot wide attached concrete sidewalk within a minimum of 54-feet of right-
of-way and construct a temporary turnaround at the terminus of the street to provide a
minimum turning radius of 45-feet. A sign shall be installed at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.5 If the proposed roadway is private then:
~ Construct one private street 20 to 24-feet wide with 15-foot curb return radii where it
intersects Overland Road. The private street shall be paved its full width at least 30-feet
in from the public street.
7.1.6 Enter into a license agreement for any landscaping proposed within ACRD right-of-way abutting
the site.
7.1.7 Ten Mile Road and Overland Road are classified as principal arterial roadways. Other than the
one access specifically approved with this development application on Overland Road, direct lot
access shall be prohibited to these roadways.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2,1 Any existing irrigation facilities shall be relocated outside of the right-of way.
7,2.2 Private sewer or water systems are prohibited from being located within an ACRD roadwa or
. Y y
right-of way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer,
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers} for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2,9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2,10 Payment of applicable road impact fees is required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 it is the responsibility of the applicant to verify all existing utilities within the right-of-way, The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE { 1-811-342-15 85) at least two full business days
prior to breaking ground within ACRD right-of-way. The applicant shall contact. ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled} are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit C -Annexation & Rezone Legal Descriptions & Exhibit Maps
February ~1, 210
+1 ~~ ~~~ Page i of ~
IHfi LAND GROUP, INC.
o91a6
ezone ~ ascription
Cabra Creek, CL.C
5..63 Acres
~XNl81T "A"
A tract of land for annexation purposes situated in the Northwest nrie Quar~ter~ of the
Northwest One Quarter of Section 23, Township 3 North, Range 1 west, Boise Meridian
Ada County, Idaho, described as follows: '
BEGINNING at a brass cap monumenting the Northwest Corner ofsaid Section 23 from
which a 5/8~~inch steel pin monumentingthe Uvestone-sixteenth Corne com
Section Z3 and Section 14 Townshi ~ rnon to said
p 3 North, Range 1 West, Boise Meridian, bears
South 89°15'27" East a distance of 1,3~6~21 feet;
Thence following the northerly sine of said Section 23, South 89°15'27" East a
distance of 301,75 feet to a point;
Thence leaving the northerly line of said Section 23, South 37°00'03" 1Nest a
distance of 149,fi2 feet to a point; .
Thence South 13°11'58" west a distance of 166,51 feet to a point;
Thence South 14°01'47" East a distance of 273.94 feet to a point;
Thence South 26p09'G7" East a distance of 330.77 feet to a point;
Thence South 13°10'43" west a distance of 138.fi8 feet to a point;
Thence South OS°1o'23" West a distance of 201„34 feet to a point;
Whence South o1°24'08" West a distance of 111,80 feet to a point;
Thence North 21°4'52" west a distance of 332.fi2 feet to a point;
Thence North 2Z°08'47" Kest a distance of 14189 feet to a point;
Thence North 34°~,1'a2" West a distance of z~5„76 feet to a point;
Thence North 89°03'41" West a distance of 48..OQ feet to a point on the westeri
line of said Section 23 and the centerline of S y
outh Ten Mile Road;
Thence following the westerly line of said Section 23 and the centerline of said
South Ten Mile Road, North 00°56'19" East a distance of 675,06 feet to the
POINT OF BEGINNING
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February 11, ~0~0
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NHS I1~Nn (3~i0Up, [NC
The above-described tract of land contains 5.,53 acres, more or less, subject to any
existing easements orrights-of •way,
Attached hereto is Exhibit "8" and by this reference is made a pert hereof
L
Prepared By: T'HE LAND GROUP, INC.
462 E. SNORE DRIVE ti~ T `~
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EAGLE,10AH0 83616 a ~ 2459 a ~
208-939-4041 ~a ,~,
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208-939-4045 (FAX 9
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361(:m~~~pn Crc;sr ~)rivc, 'I tvin l~alt:~, ltfaho 83301 120$-733-44~~,1~~~R-733•~10~~ +~']~ tc~ - r , r
{i~l?009~)091 ~G1.1~~~i~~1t~~~alx1(:ab~ (:rc~:k~l, 09~20~ 1091~G.~1n~r~c~1rn91tcxcm~ drx
Situated in a portion of the
NW 11~ of the NW 114 of Section 23, .
Towr~hip 3 iVorth, Range 1 Ilrtest, 8 M.,
Ada County, Idaho
2009
FaJNQ BRASS CAP ..
NVY CANER SEC110N 23
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11184
PROJECT IN~4RMATJON
~ Rezone Exhibit
Cabra Creek, LLC
City of Meridian
Scale; i" ~ 200'
2-11-10
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~eb~uary ~~, 200
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I'HB IAND fROUP, fNC,
February 11, 2010
Project Na.~ 10914G
I.ega I i~escrlptio n
ezvne
Cobra Creek, ll.C
9 33 Acres
A tract of land situated in, the 1Nest one Half of the Northwest One Quarter of Section
~3, Townshjp 3 Noah, Range 1 west, Boise Meridian, City of Meridian, Ada Count
Idaho, described as follows: y'
Com~encing at a brass cap manUmentingthe vUest One Quarter of said Section 13 on
~,:,
the c~nteriine of South 1'en Mile Raid, from which a brass cap mvnurnentfn the
Northwest Garner of said Sect' 8
. ion 23 bears North 0~°56'19" East a distanEe of ~,6~9.48
feet;
Thence following the westerly line of said Section ~3 and the centerline of said
South
Ten Mile Road, North Qp°56'19" bast a distance of 717;Z5 feet to the PAINT OF
BEGINNING;
T'henEe fallowing said westerly line and said centerline, North 4U°56'19" East a
distance of 875..01 feet to a point;
Thence leaving $aid said westerly line and said centerline, South 63°49'3Su fast a
distance of 103.,81 feet to a point;
Thence South S3°48'35" East a distance 4f 41' ~2fi feet to a point;
Thence South 31°33'47u East a distance of 2i9.,Z6 feet to a point;
Thence South 47°39'35 East a distance of 816_.93 feet to a point an the
centerline of west Overland Road;
Thence following said centerline, 411 ~5fi feet along the arc of a circular curve to
the tight, said curve having a radius of 1,OOa,00 feet, a central angle of
23°3451", a chord bearing of South '78°56'16" West and a chord distance of
4n8., 67 feet to a p a i nt;
Thence following said centerline, North 89°15'08" Nest a distance of 46&.86 feet
to the POINT OE BEGINNING
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261 canyon Crest Drive, Twin ells, Idaho 8330t I'ZO$-733.4041, F20~8-7'33.045 ~ wte~-~. ~~~1i. .rnm
G:Iz04~It09t46ltidmin~l.egalslCabxa Creek~L~ 100211 Reaon~ 109146doc '
February 11, 200
~~ ~~ ~,M~ Fage a of 2
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IHB ~•ANY? GROUP, INC.
The above•described tract of land contains 9.33 acres, more or less, subject to any
existing easements or ~ights~of-way
Prepared By; 1~HP IAND GROUP, IBC,
462 ~, 5~IQRE DRIVE
EAGLE, lDAHQ 83616
208~•939~~041
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G:1200~`t4914G~,~dmmlLcgal:~Cabrn Crnk1L.100211 Rezone t09~46.doc
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'title: ~~~
Scale: finch = ~ 50 feet j File:
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Exhibit D -Required Findings from Unified Development Code
1. Comprehensive Plan Amendment 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 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 changes to the Future Land Use Map do not
directly conflict with other elements of the Comprehensive Plan.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The City Council finds the proposed land use changes will provide an improved guide to
future growth and development in this area of the city and should contribute to the
employment opportunities available within the City.
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).
The City Council believes sufficient provisions have been made to accommodate uses
allowed in the mixed employment district in this area.
d. The proposed amendment is consistent with the Unified Development Code.
The City Council finds that the proposed amendment is generally consistent with the Unified
Development Code. Staff will ensure full compliance with the UDC and other city design
and development criteria, as development is proposed.
e. The amendment will be compatible .with existing and planned surrounding land uses.
The City Council finds that the diversity of uses envisioned in the Comprehensive Plan for
the ME area will be compatible with surrounding (existing and future} land uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment will not burden existing and planned
service capabilities in this area of the city.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows su#~icient area to mitigate any anticipated impact associated with the
development of the area.
The City Council finds that the proposed map amendment to mixed employment will allow
for uses on the site that should be compatible with existing and future commercial,
industrial, and residential uses in the area.
h. The proposed amendment is in the best interest of the City of Meridian.
The City Council finds that the proposed amendment is in the best interest of the City if the
applicant develops the site consistent with the provisions of the development agreement
recommended by staff and the purpose of the ME land use designation.
2. Annexation/Rezone Findings:
Upon recommendation from the Commission the Council sha •
ll make a full investigation
and shall, at the public hearing, review the ap lication. In order to •
and/or rezone the p grant an annexation
Council shall make the following findings;
a. The map amendment complies with the applicable rovisions of th '
plan; p e comprehensive
The applicant is proposing to annex 5.63 acres of land with an M-E z '
oning designation &
rezone 9.33 acres of land with a C-C zoning designation. The ro osed zonin
designations are consistent wi p p g
th the proposed comprehensive plan future land use ma
designation of ME for this pro ert .Please see Com p
p Y prehensive Plan Policies and Goals,
Section Vll, of the Staff Report.
b. The map amendment complies with there ations outlined forth
. ~ e proposed
district, specifically the purpose statement;
The City Council Ends that the proposed zoning amendments com 1 wi h
p y t the
regulations outlined for the proposed districts.
c. The map amendment shall not be materially detrimental to the ublic heal
and welfare p th, safety,
The City Council finds that the proposed zoning amendments will not be det '
the ublic health safet mental to
p y, or welfare if approved.
d. The map amendment shall not result in an adverse im act u on the d '
p p elivery of
services by any political subdivision providing public services within the Ci
includin but not limite ~ ~
g~ d to, school districts; and,
The City Council finds that the proposed zoning amendments will not result in an
adverse impact upon the delive of services b an Y
rY y y political subdivision providing
services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5&3.E .
The City Council finds that the proposed annexation (to M-E and rezone to C-C f '
( ) o this
property is in the best interest of the City.