Southridge Apartments CPAM-11-001 RZ-11-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~ ~' _
,! ,
In the Matter of the Request for a Rezone of 42.36 Acres of Land from the TN-R, R-4, and R-8
Zoning Districts to the R-15 Zoning District for Property Located on the South Side of W.
Overland Road Midway between S. Linder Road & S. Ten Mile Road, by DBTV, LLC.
Case No(s). RZ-11-002
For the City Council Hearing Date of: October 1S, 2011 (Findings on November 1, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 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 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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 April 19, 2011, Resolution No. 11-784 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.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-I 1-002
-I-
6, That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice,
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 18, 2011, 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 adopted, it is hereby ordered that:
1. The applicant's request for Rezone is hereby approved with the requirement of a development
agreement per the provisions in the attached Staff Report for the hearing date of October 18,
2011, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D),
A modification to the development agreement maybe initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review 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 § 67-6521, 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 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 18, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-11-002
-2-
By action of the City Council at its regular meeting held on the ~ day of Ne~uY-bc~
2011.
COUNCIL PRESIDENT DAVID ZAREMBA VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED~~~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~
COUNCIL MEMBER KEITH BIlZD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
ti~l,.~~,yy~
Mayor Ta e Weerd
Copy served upon
'The Planning Department, Public Works Department and City Attorney.
By: Dated:
Cit erk s
I1~3•i~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-11-002
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
October 18, 2011
~T~T;
~~~
~_ _
SUBJECT:
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
CPAM-11-001; RZ-11-002 - Soutluidge Apartments
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicant, Corey Barton Homes, Inc., has applied for an amendment to the comprehensive plan future
land use map (CPAM) to change the land use designation on 26.38 acres of land from Medium Density
Residential (MDR) to Medium High Density Residential (MHDR) (see Exhibit A.2). COT1Cll1°i°ently with the
CPAMrega~est, a rezone of the proper°ty is t°ega~ested by a different cipplicant who plans to develop the
propert}'•
The applicant, DBTV, LLC, has applied for a rezone (RZ) of 42.36 acres of land from the TN-R (Traditional
Neighborhood Residential), R-4 (Low Density Residential), and R-8 (Medium Density Residential) zoning
districts to the R-15 (Medium High Density Residential) zoning district consistent with the CPAM request.
A conceptual site plan and building elevations showing how the property may develop with an apartment
complex was submitted with the rezone request (see Exhibit A.3 & A.4).
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM & RZ based on the Findings of Fact and Conclusions of
Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on September 15, 2011. At the public
hearing, the Commission moved to recommend approval of the subiect CPAM and RZ requests.
a. Summary of Commission Public Hearing:
i. In favor: John Malletta;
ii. In opposition: Scott Nichols; Steve Prisbos; Susan Prisbos; Curtis Elton; Naomi Elton;
iii. Commenting: Jim Jewett
iv. Written testimony: John Malletta
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Scott Stecl~line
b. Key Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. Strike DA provision #1.1.2E and Parks Department conditions in Section 6 of Exhibit B as the
multi-use pathway is required on the south side of the Ridenbaugh canal per the Southridge
development agreement.
d. Outstanding Issue(s) for City Council:
i. Since the Commission hearing, staff has become aware of a 30-foot wide road right-of--way
easement known as Old Thorn Lane that exists on this property that provides access to the
Rice property (Parcel No. 51223131250) to the south. Staff recommends a new provision be
added to the DA that requires the applicant to protect and preserve this access throughout the
construction process and after; or, provide an alternative access route with the appropriate
instrument.
Southridge Aparhnents CPAM-ll-001; RZ-11-002 PAGE 1
EXHIBIT A
ii. Staff recommends a new provision be added to the DA that requires the road right-of--way
easement for Old Thorn Lane to be vacated at such time as the easement has either been
relocated or is no longer needed.
iii. The northern parcel (Parcel No. 51223212404) is a legal parcel which does not require platting
and the southern parcel (Parcel No. 51223120934) is riot a legal parcel and does require
platting in order to obtain building permits. Staff recommends a new provision be added to the
DA that requires the applicant to obtain approval of a property boundary adjustment in order
to extend the boundary of the existing legal parcel (Parcel No. 51223212404) (i.e. to match the
boundary of Phase 1 as generally depicted on the conceptual plan) and/or plat the property in
order to create a legal lot(s), prior to issuance of a Certificate of Zoning Compliance on
property that encompasses the southern parcel.
iv. Staff recommends a new DA provision be added that requires the property to be platted prior
to the development of Phase III as shown on the concept Alan, in order to dedicate the right-of-
way necessary for a public street.
~, ummarv of City Council Public Hearing:
j., In favor: John Malletta
ii.. In opposition: None
CommentinE: None
i~ Written testimony: John Malletta
~ taff presenting application: Sonya Watters
yi. Other staff commenting on application: Pete Friedman
h, Cev Issues of Discussion by Council:
i~ The timing for construction of the site amenities.
~, Key Council ChanEes to Commission Recommendation
~_ Add new provision to the DA that requires the applicant to protect and preserve access to
the Rice. property (parcel # 51223131250) throughout the construction process and after;
o~provide an alternative access route with the appropriate instrument (see DA provision
#1.1.2.8 in Exhibit B).
~i Add a new provision to the DA that requires the road right-of--way easement for Old
Thorn Lane to be vacated at such time as the easement has either been relocated or is no
longer needed (see DA provision #1.1.2.h in Exhibit B).
Add a new provision to the DA that requires the applicant to obtain approval of a property
boundary adjustment in order to extend the boundary of the existing legal parcel (Parcel
No. 51223212404) (i.e. to match the boundary of Phase 1 as 8enerally depicted on the
conceptual plan) and/or plat the property in order to create a legal lot(s), prior to issuance
of a Certificate of Zoning Compliance on property that encompasses the southern parcel
(see DA provision #1.1.2.i in Exhibit B).
~_ Add anew DA provision that requires the property to be platted prior to the development
of Phase III as shown on the concept plan, in order to dedicate the right-of--way necessary
fora public street (see DA provision #1.1.2.1 in Exhibit B).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-11-001
& RZ-11-002, as recommended by the Commission and presented in the staff report for the hearing date of
October 18, 2011, with the following modifications: (Add any proposed modifications.)
Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 2
EXHIBIT A
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-11-001 &
RZ-11-002, as presented during the hearing on October 18, 2011, for the following reasons: (You should
state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-11-001 & RZ-11-002 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
N. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the south side of W. Overland Road midway between S. Linder Road & S. Ten
Mile Road, in the north lh of Section 23, Township 3 North, Range 1 West. (Parcel No.'s S 1223120934
& 51223212404)
B. Applicants:
CPAM:
Corey Barton Homes, Inc.
1977 E. Overland Road
Meridian, ID 83642
RZ:
DBTV, LLC
6152 W. Half Moon Lane
Eagle, ID 83616
C. Owner:
DBTV, LLC
6152 W. Half Moon Lane
Eagle, ID 83616
D. Representative:
John Malletta, The Farran Group, LLC
13095 N. Andy's Gulch
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's nai7ative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment and rezone. A public hearing is
required before the Planning & Zoning Compassion and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 29, 2011 Conunission; September 26, and October 10,
2011 (City Council)
C. Radius notices mailed to properties within 300 feet on: September 12, 2011 Commission; September
22.2011 (City Council)
D. Applicant posted notice on site by: September 1, 2011 Commission; October 7, 2011 (City Council
Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 3
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s): This property is currently vacant. The total size of the site is 40+/- acres.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Rural residentiaUagricultural land, zoned RUT in Ada County
South: Vacant land, zoned R-2, R-4, & R-8
East: Rural residential property, zoned RUT in Ada County; and vacant land, zoned R-4, TN-C, & TN-R
West: Vacant land, zoned L-O, TN-R, and R-8
C. History of Previous Actions:
® In 2007, the property was annexed (AZ-06-031) with a development agreement (Instrument No.
107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision.
® 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 agreement could move forward without platting.
® A time extension (TE-09-009) to obtain the City Engineer's signature on the final plat was approved
by the Director on February 20, 2009, which extended the preliminary plat until Apri16, 2010.
® A time extension (TE-10-018) to obtain the City Engineer's signature on the final plat was approved
by City Council on September 7, 2010, which extended the preliminary plat until February 6, 2012.
D. Utilities:
a. Location of sewer: Currently served from mains in W Overland Road.
b. Location of water: Currently served from mains in W Overland Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh Canal borders the southern boundary of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property other than the Ridenbaugh
Canal which may pose a safety hazard to small children.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The Comprehensive Plan Future Land Use Map currently designates 26.38 +/- acres of the subject property
"Medium Density Residential" (MDR). The proposed amendment would change the land use designation on
the property to "Medium High Density Residential" (MHDR).
Per the Comprehensive Plan, the purpose of the MHDR category is to allow for the development of a mix of
relatively dense residential housing types including townhouses, condominiums and apartments. Residential
densities should range from eight to fifteen dwelling units per acre, with a target density of twelve units per
acre. These are relatively compact areas within the context of larger neighborhoods and are typically located
around or near mixed use commercial or employment areas to provide convenient access to services and jobs
for residents. Developments need to incorporate high quality architectural design and materials and
Southridge Apartments CPAM-11-001; RZ-I 1-002 PAGE 4
EXHIBIT A
thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses
and area pathways, attractive landscaping and individual project identity.
The applicant plans to develop the site with amulti-family residential apartment complex. The gross density
allowed in the proposed R-15 zoning district is 15 dwelling units per acre. This property is located adjacent
to land that is designated for Mixed Employment (ME) uses on the north and northwest sides of Overland
Road and adjacent to property that is designated for Medium Density Residential (MDR) uses to the south
and east. The proposed development will be a relatively compact higher density residential area than the
adjacent lower density residential areas and provide a transition to the employment uses across Overland
Road. A section of the City's multi-use pathway system is planned along the south boundary of the site
adjacent to the Ridenbaugh Canal which will provide connectivity with adjacent uses. For these reasons,
staff is of the opinion the proposed land use change is appropriate.
Staff finds the following Carnprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
® "Support a variety of residential categories (low-, medium-, medium-high 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 multi fancily residential development tia~ill assist in contributing to the range of housing
opportunities available in the City.
® "Require landscape street buffers for new development along all entryway corridors."
A portion of the firontage of this property along Overland Road is designated as an entrytivay
cot°ridor. Upon development of the site, a street buffer and Iatadscaping will be installed in accord
wit17 the standards for entryway tort^idors.
® "Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City."
City sewer and water lines are curt•ently installed in Overland Road and are stubbed to the propert~~.
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. The current plan for a portion of this property is for MDR
uses; the applicant is proposing to change the land use designation to MHDR and develop the property
with an apartment complex consistent with the proposed MHDR designation. Staff is of the opinion the
proposed R-15 zoning and subsequent use will assist in providing a transition between the future MDR
uses to the south and east and the ME uses to the north and northwest. To promote quality design, future
development must comply with the City's design standards contained in the UDC and Meridian Design
Manual.
Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 5
EXHIBIT A
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and conunercial 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 an adequate and attractive living environment which
meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To
accomplish this, the plan identifies areas appropriate for residential development and areas not
appropriate. This property is currently designated as being appropriate for MDR &MHDR uses. The
proposed land use designation change will allow for the entire property to develop with MHDR uses.
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 2002 Comprehensive Plan forecasts the need to continually adjust the provision of
commercial lands in order to gradually broaden econonuc opportunity throughout the City.
The subject property is currently identified as appropriate for MDR &MHDR uses. Staff is of the
opinion the future development of the site with an apartment complex will provide a transition between
the future residential (MDR) uses to the east and south and the future ME uses to the north and
northwest. The future ME uses will provide employment and service opportunities to future residents.
e. Public Services, Facilities, and Utilities
City water and sewer service has been stubbed to the subject property and is available to the site.
Because this property is already within the City limits, public services such as police and fire protection
are currently provided to this property.
£ 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 will address whether or not there is adequate
school facilities and student transportation in this area.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because the current plan is for MDR and MHDR uses on this property, Staff does not believe that the
proposed plan amendment to all MHDR uses would negatively impact transportation within the City of
Meridian if this amendment if approved. While staff recognizes traffic will likely increase with a
higher density development, with the widening of Overland Road and the construction of the Ten Mile
interchange, staff is of the opinion the efficiency and safety of transportation in this area will not be an
issue.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is unaware of any natural resources that may exist on this property.
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.
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 6
EXHIBIT A
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 19 City parks totaling approximately 182 acres. The City
is in the 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, cormnercial, 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 proposed multi-family residential use of the site is consistent with the proposed future
land use designation of MHDR.
m. Implementation
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 through the Unified Development Code. 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. The City Council is the ultimate decision making authority on most land use
applications.
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 June 15, 2011 of which six people attended.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for
a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted, accessory,
conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family development is
listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27
for multi-family developments apply to development of this property. A conditioJ~czd arse peg°n~it ~a~ill be
i°egaria~ed foa° ~ multi frrnaily developtaaea7t ia7 aiz R-1 S zofaing dista°ict on. this pi~opea•t1~.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning
distr7ct apply to development of this site.
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 7
EXHIBIT A
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to
development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-3-27C;
andll-4-3-27D.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes an amendment to the future
land use map contained in the Comprehensive Plan to change the land use designation on 26.38 acres of
land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR).
The applicant proposes to develop the site with amulti-family apartment complex consistent with the
MHDR land use designation. For the reasons stated above in Section VII, Staff is of the opinion the
proposed amendment is appropriate for this property.
REZONE (RZ): The applicant proposes to rezone 42.36 acres of land from the TN-R (Traditional
Neighborhood Residential), R-4 (Low Density Residential), and R-8 (Medium Density Residential)
zoning districts to the R-15 (Medium High Density Residential) zoning district consistent with the
CPAM request.
The applicant has submitted a conceptual site plan for Phases 1 & 2, included in Exhibit A.3 that shows
how the site may develop with amulti-family family apartment complex consisting of two and three-
story structures; this plan does not include a development concept for Phase 3. A conceptual building
elevation is also included in Exhibit A.4 that depicts how future structures maybe constructed.
Ultimately, the final designs must be consistent the provisions of the UDC and the Meridian Design
Guidelines.
The rezone legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be rezoned.
The subject site is currently included in the Development Agreement for the larger Southridge
development. Since the time of 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 as a provision of the subject rezone.
To ensure the property is developed in a manner 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 § 65-6711A. If the Commission or Council feel that
additional provisions are necessary, staff 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.
Staff recommends app~°oval of the subject applications with the development agreeme~it provisions
listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Adopted & Proposed Future Land Use Map Showing Change from Medium Density Residential
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 8
EXHIBIT A
to Medium High Density Residential
3. Conceptual Site Plan
4. Conceptual Building Elevation
B. Agency Comments/Conditions 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
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 9
EXHIBIT A
Exhibit A.l: Vicinity Map
Southridge Apartme»ts CPAM-I1-OOI; RZ-ll-002 PAGE 10
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EXHIBIT A
Exhibit A.2: Adopted & Proposed Future Land Use Map Showing Change from Medium Density
Residential to Medium High Density Residential
Adopted
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 11
EXHIBIT A
Exhibit A.3: Conceptual Site Plan
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Southridge Apartments CPAM-l 1-001; RZ-11-002 PAGE 12
EXHIBIT A
Exhibit A.4: Conceptual Building Elevation
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Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 13
EXHIBIT A
B. Agency Comments
On August 26, 2011, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
Department, and the Meridian Police 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 August 22, 2011, by Aaron Ballard, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
1.1.2 A Development Agreement (DA) will be required as a provision 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, Bill Nary, at 888-4433 to initiate this process; a fee of $303.00 shall be
paid by the applicant to the City Attorney's office prior to conunencement of the DA. The DA shall
be signed by the property owner and returned to the city within two (2) years of the City Council
granting the rezone. The DA shall, at minimum, incorporate the following provisions:
a. Development of the site shall substantially comply with the conceptual site plan included in
Exhibit A.3, the design standards listed in UDC 11-3A-19 and the guidelines contained in the
City of Meridian Design Manual.
b. All future development shall comply with the dimensional standards for the R-15 zoning district
contained in UDC Table 11-2A-7.
c. The developer shall comply with all ACHD conditions of approval associated with development
of this site.
d. An easement shall be recorded (and a copy submitted to the Planning Department) that grants
cross-access to Parcel No. 51223120727 -the 4.8 acre parcel to the east of the subject property.
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f. Prior to development of the third phase of the project, a modification to the development
agreement is required to update the conceptual site plan to include a development plan for this
area.
g The 30-foot wide road right-of-wav easement known as Old Thorn Lane that runs through this
site and provides access to the Rice propert~(parcel #512231312501 shall be protected and
preserved throughout the construction process and after: or. an alternative access route shall be
provided with the appropriate instrument
h The road right-of--wav easement for Old Thorn Lane shall be vacated at such time as the
easement has either been relocated or is no longer needed.
i. The northern arcel (Parcel No. S 12232124041 is a leiparcel which does not require platting
and the southern parcel (Parcel No. S 12231209341 is not a legal parcel and does require platting
in order to obtain building permits The developer is required to obtain approval of a property
boundary adiustment in order to extend the boundary of the existing legal parcel (Parcel No.
S 12232124041(i.e. to match the boundary of Phase 1 as generally depicted on the conceptual
Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 14
EXHIBIT A
planl and/or plat the property in order to create a legal lot(sl.~rior to issuance of a Certificate of
Zonin~pliance on property that encompasses the southern parcel.
i. The subiect property shall be platted prior to development of Phase III as shown on the content
plan. in order to dedicate the right-of-way necessary for a public street.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from
the street on which the project is addressed, as set forth in International Fire Code Section 505. Please
contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing.
3.2 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.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 41/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved turn
around. Phasing of the project may require a temporary approved turn around on streets greater than
150' in length with no outlet.
3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and have a clear driving surface of 20' in width capable of supporting an imposed
weight of 75,000 GVW, per International Fire Code Section 503.2.
3.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
3.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site, as
set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.10 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 50 homes, as set forth in International Fue Code Section
D107.1. The two entrances should be separated by no less than %z the diagonal measurement of the full
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 15
EXHIBIT A
development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub
street to the property to the (west/east/north/south).
3.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear
driving surface. Streets less than 29' in width shall have no on-street parking; streets less than 33' in
width shall have parking only on one side. These measurements shall be based on the back of curb
dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1.
3.12 The fire department requests that any future signalization installed as the result of the development
of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and
emergency medical service vehicles. The cost of this installation is to be borne by the developer.
(National Fire Protection Std 1141 Section 5.2.11.1)
3.13 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire
Code Section 304.3.3.
3.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fue Code Section 505.1.
3.15 The applicant shall work with Public Worlcs and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and
is placed in a position that is plainly legible and visible from the street or road fronting the property, as
set forth in International Fue Code Section 505.1.
3.16 All aspects of the building systems (including exiting systems), processes & storage practices shall be
required to comply with the International Fire Code Section 101.2.
3.17 All portions of the buildings located on this project must be within 150' of a paved surface as measured
around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction
is more than 400 feet (122 m) fiom a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the code official as set forth in International Fire Code Section 508.5.1. For
buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
3.19 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
3.20 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.21 All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in
International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3.
3.22 All R-2 occupancies with 3 or more units shall be required to be fire spt7nkled as set forth in
International Fire Code Section 903.2.7.
3.23 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.24 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
3.25 Buildings over 30' in height are required to have access roads in accordance with the International Fire
Code Appendix D Section D105.
3.26 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in
International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18.
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 16
EXHIBIT A
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application at this time.
6. PARKS DEPARTMENT
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for a comprehensive plan amendns.ent and rezone only. Listed below are
some of the site specific conditions of approval that the Disti°ict may ~°equire when. it reviews
a future development application. The District may add additional site specific
requirements when it i°eviews a specific redevelopment application.
7.1.1 Construct a 7-foot wide detached concrete sidewalk located a minimum of 43-feet from the
centerline of Overland Road abutting the site. Provide a sidewalk easement for any portion of the
sidewalk located outside of the right-of--way.
7.1.2 Construct Cool Sage Way as one-half of a 46-foot collector street section with 35-feet of pavement,
vertical curb, gutter, and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk from its
intersection with Overland Road south beyond the main entry to the site. For the remaining portion
of the roadway taper Cool Sage Way to one-half of a 36-foot collector street section with 30-feet of
pavement, vertical curb, gutter, and 5-foot wide detached (or 7-foot wide attached) concrete
sidewalk abutting the site. With a 3-foot wide gravel shoulder and a borrow ditch sized to
accommodate the roadway storm runoff shall be constructed on the east side of the roadway.
Coordinate a signage program for no parking signs on Cool Sage Way with District Development
Review and Traffic Services staff.
7.1.3 Construct one stub street to the south, Cool Sage Way located at the east property line, as proposed.
Construct a temporary cul-de-sac turnaround at the ternunus of the Cool Sage Way and install a sign
at the terminus of the roadway stating that "THIS IS A DESIGNATED COLLECTOR ROADWAY.
THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
7.1.4 Proposed driveways onto Cool Sage Way should meet all ACRD policies in affect at the time the
site is developed.
7.1.5 Other than access specifically approved with this application, direct lot access to Overland Road is
prohibited.
Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 17
EXHIBIT A
7.1.6 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing it~7gation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of--way.
7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-
compliantpedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance
to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.8 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.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 authot7zed representative and an authorized representative
of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change
from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant to
comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
Southridge Aparhnents CPAM-11-001; RZ-ll-002 PAGE 18
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
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'1'HL' LAND CROUP, INC,
August 22, 2011
Protect No. 111052
Rezone
42.36 acres
A tract of land situated in a portion of the Northeast One Quarter of the Northwest One
Quarter and a portion ofthe Northwest Ono Quarter of the Northeast One Quarter of
Section 23, 't'ownship 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada
County, Idaho, described as follows:
BEGINNING at the North One Quarter Corner of said Section 23 on the centerline of
West Overland Road which bears North 89°19'41" West a distance of 2,661.73 feet
from the Northeast Corner of said Section 23, thence following the northerly line of
the Northeast One Quarter of said Section 23, South 89°19'42" East a distance of
665.41 feet to a point;
Thence leaving said northerly line and said centerline, South 00°38'49" West a
distance of 888.62 feet to a point;
'thence South 89°19'29" East a distance of 250.00 feet to a point;
Thence South 00°38'49" West a distance of 137.22 feefi to a point;
Ti~ence South 28°49'56" West a distance of 49.47 feet to a point;
Thence 60.56 feet following the arc of a non tangent curve to the right, said curve
having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of
South 56°02'38" East and a chord distance of 60.45 feet to a point;
Thence South 18°41'27" West a distance of 180.38 feet to a point;
Thence 113.77 feefi following the arc of a circular curve to the right, said curve
having a radius of 195.00 feet, a central angle of 33°25'46", a chord bearing of
South 35°24'20" West and a chord distance of 112.17 feet to a point;
Thence South 52°0713" West a distance of 118.95 feet to a point;
Thence South 35°23'08" West a distance of 7.6.28 feet to a paint;
Thence South 52°07'13" West a distance of 5b.00 feet to a point;
Thence South 52°03'57" Wesfi a distance of 114.78 feet to a point on the northerly
right-of way line of the Ridenbaugh Canat;
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Southridge Apartments CPAM-11-001; RZ-ll-002 PAGE 19
EXHIBIT A
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TAIL LAMA GROUP, IYC.
Thence following the northerly right-of-way line of said Ridenbaugh Canal the
fallowing two (2) courses:
North 37°52'47" West a distance of 37.00 feet to a point;
316.45 feet following the arc of a circular curve to the left, said curve having a
radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North
83°12'27" West and a chord distance of 284.46 feet to a point;
Thence leaving said northerly right-of way line, North 56°31'59" West a distance of
159.58 feet to a point on said northerly right-of--way line;
Thence following said northerly right-af--way line the following eight (8) courses:
North 03°28'17" West a distance of 188.54 feet to a point;
North 86°31'43" East a distance of 10.00 feet to a paint;
276.48 feet following the arc of a non tangent curve to the left, said curve
having a radius of 230.00 feet, a central angle of 68°52'24", a chord bearing of
North 37°54'29" West and a chord distance of 260.13 feet to a paint;
North 72°20'41" West a distance of 150.79 feet to a point;
46.42 feet foliowing the arc of a circular curve to the right, said curve having a
radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of Nar-th
68°11'20" West and a chard distance of 46.38 feet to a paint;
North 64°01'59" West a distance of 330.62 feet to a point;
14.24 feet following the arc of a circular curve to the right, said curve having a
radius of 320.00 feet, a central angle of 02°32'56", a chord bearing of North
62°45'31" West and a chord distance of 14.23 feet to a point;
North 61°29'03" West a distance of 118.75 feet to a point;
Thence leaving said northerly eight-af-way Tine, South 00°48'16" West a distance of
90.3G feet to a point on the centerline of said Ridenbaugh Canal;
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Southridge Aparhnents CPAM-11-001; RZ-ll-002 PAGE 20
EXHIBIT A
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THE 1.ANA GROUP, [NC,
Thence following the centerline of said Ridenbaugh Canal the following three (3)
courses:
North 61°29'03" West a dlsfiance of 150.70 feet to a point;
320.04 feet following the arc of a circular curve to the left, said curve having a
radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of North
85°S6'02" West and a chord distance of 310.42 feet to a point;
South 69°3T00" West a distance of 100.85 feet to a point on the Centerline of
said West Overland Road;
Thence leaving said centerline of Ridenbaugh Canal and following the said
centerline of West Overland Road, 1,372.30 feet following the arc of a circular
curve to the right, said curve having a radius of 1,000.00 feet, a central angle of
78°3737", a chard bearing of North 51°26'46" East and a chord distance of
1,267.13 feet to a paint;
Thence following said centerline and the northerly line of the Northwest One
Quarter of said Section 23, South 89°9.4'25" East a distance of 179.35 feet to the
POINT OF BEGINNING.
The above-described tract of land contains 42.36 acres, more or less, subject to any
existing easements orrights-of-way.
Prepared By: 1'HE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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Soutin~idge Aparhnents CPAM-11-001; RZ-11-002 PAGE 21
EXHIBIT A
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SEGtiENT RADIUS LENGTH CHORD LENGTH CHORD GEARING
C7 293.15' 60.56' 60.45' 5561)2'38°E
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C3 200.00' 316.45' 284.46' N83'12'27°W
C4 230.00' 276.48' 260.15 N3T54'30°W
CS 320.00' 46,42' 45.38' N6891'20°W
C6 320.00' 14.24' 74.23' N62'45'31°W
C7 375.00' 320A4' 310.42' N85'S6'02°W
CE 7000.00' 7372,30' 1267.73' N5126'46"E
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Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 22
EXHIBIT A
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 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 sectiofls VII crud IX above fo~° n~o~°e 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 high density residential uses on this property would provide a transition between
the adjacent low density, future medium density residential and mixed employment 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 MHDR for amulti-family
development is consistent with the Unified Development Code and proposed zoning of R-
15.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds that the development of amulti-family apartment complex on this
site will be compatible with existing residential uses and future residential and mixed
employment uses and will provide 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
stubbed to this site and are available upon development.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that
allows sufficient area to nutigate any anticipated impact associated with the development of
the area.
The City Council finds the proposed medium high density residential development of this
property 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.
Southridge Apartments CPAM-11-001; RZ-I 1-002 PAGE 23
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. Tn order to grant an annexation andlor 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-15 is consistent with the proposed MHDR
future land use designation for this site. Additionally, the City Council finds the proposed
multi-family development and R-15 zoning will provide a transition in uses between the
future mixed employment uses across Overland Road and adjacent existing and future
residential uses to the south and east.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed R-15 zoning district and uses allowed in that district
is consistent with the purpose statement of the residential district in that it provides for a
range of housing opportunities.
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 (UDC 11-SB-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.