11-813 CPAM 11-001 Southridge ApartmentsADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 20
BOISE IQAH011/03I11 11:39 AM
DEPUTY Gail Garrett
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III
Meridian City 111 ~8~8?8
CITY OF MERIDIAN RESOLUTION NO. ~ I + D `~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002
COMPREHENSIVE PLAN FOR 26.38 ACRES KNOWN AS THE SOUTHRIDGE
APARTMENTS LOCATED AT SOUTH SIDE OF W. OVERLAND ROAD MIDWAY
BETWEEN S. TEN MILE ROAD AND S. CINDER ROAD, MERIDIAN, IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302
to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient,
in addition to the special powers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002
as resolution 02-3 82; and
WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land
use map of the 2002 Comprehensive Plan for approximately 26.3 8 acres known as the
Southridge Apartments located at South Side of W. Overland Road Midway Between S. Ten
Mile Road and S. Linder Road Request Meridian, Idaho from Medium Density Residential
(MDR) to High Density Residential (MHDR); and
WHEREAS, the Mayor and City Council have provided all the requisite notices, held the
necessary hearings, and received the required information necessary to make a final decision as
required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby
amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached
hereto incorporated herein by reference. A copy of this Resolution and the attached amendment
shall be held on file in the office of the City Clerk.
COMPREHENSNE PLAN AMENDMENT FOR FUTURE LAND USEMAP -SOUTH RIDGE APARTMENTS CPAM 11-001-
Page 1 of 2
SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon its adoption and approval.
i uncil of the Cit of Meridian Idaho this ~ da of
ADOPTED by the C ty Co y y
~OVP ry-b-Q,Y' , 2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
1~1 r~fP nnb ~/ , 2011.
APPROVED:
Mayor Ta y de Weerd
ATTEST:
0~~~,D A ~~Us~
Q~ J~.~
By• ~;
~, ~ ,
Jay e L. H 1 , Cit ~, zDTAN'~'
roaNv
~ ~
~~ ~~ ti
e f r~ a iR~ ~-g~
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -SOUTH RIDGE APARTMENTS CPAM 11-001-
Page 2 of 2
EXHIBI'~ A
exhibit A
Adopted
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
November 1, 2011
(Continued from October 18, 2011)
Mayor and City Council
- - "
SUBJECT:
Bill Parsons, Associate City Planner
(208) 884-5533
RZ-11-003 andMDA-11-006-Kingsbridge
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Boise Hunter Homes, has applied for rezone of 38.31 acres of land from the R-2 zoning
district to the R-4 zoning district.
A concurrent application for a development agreement modification has also been submitted to amend
the draft development agreement approved with a previous development agreement modification
(MDA-11-004).
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed rezone and development agreement modification subject
to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit
D. The Meridian Planning & Zoning Commission heard these items on September 15, 2011. At
the public hearing, the Commission voted to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Matt Schultz, Scott Flemming (Neutral)
ii. In opposition: Phillip and Laurie Allen
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The eridian Citv Council heard these items on November 1.2011. At the public hearing, the
Council annroved the subiect RZ and MDA reauest.
a ummarv of City C ouncil P ublic Hearin:
i In favor: Matt Schultz
n opposition: N one
•ii Commenting: N one
Written testimo ny: Non e
~ taff nresentin~ applica tion: Bill Parsons
ther staff com menting on application: None
~_ ev Issues of Discu ssion by Council:
~_ one
c. Kev Council Chang es to Staff/Commission Recommendation
Kingsbridge RZ-11-003 and MDA-11-006 - 1 -
EXHIBIT A
~ n
3. PROPOSED 1VIOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-11-
003 and MDA-11-006 as presented in staff report for the hearing date of November 1, 2011 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-11-003
and MDA-11-006 as presented during the hearing on November 1, 2011 for the following reasons:
(YoLi should state specific reasons for denial of the rezone.)
Continuance
I move to continue File Number RZ-11-003 and MDA-11-006 (optional) to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the east side of S. Eagle Road midway between E. Victory
Road and E. Amity Road in the northwest'/4 of Section 28, Township 3 North, Range 1 East.
B. Applicant/Owner:
Boise Hunter Homes
1025 S. Bridgeway Place, Suite 290
Eagle, ID 83616
C. Applicant's Representative:
Matt Schultz, The Schultz Company (208) 880-1695
D. Applicant's StatementlJustification: Please see applicant's narrative for this information.
5. PROCESS FACTS
A. The subject application is for a rezone and a development agreement modification. A public
hearing is required before the Planning & Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 29 and September 12, 2011 (Commission);
September 26 and October 10, 2011 (City Council)
C. Radius notices mailed to properties within 300 feet on: August 18, 2011 (Commission);
September 22, 2011 (City Council)
D. Applicant posted notice on site by: September 2, 2011 (Commission); September 26, 2011 (City
Council)
6. LAND USE
A. Existing Land Use(s): The subject property is vacant and construction has commenced on the
first phase of the final plat.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
surrounded on the north, east and south by larger county residential properties zoned RUT. The
Kingsbridge RZ-11-003 and MDA-11-006 - 2 -
EXHIBIT A
property to the west includes lots platted with the first phase of the Kingsbridge Subdivision,
zoned R-2.
C. History of Previous Actions:
® In 2010, the City Council approved a new preliminary plat (PP-10-007). The plat consists of
72 residential lots and 7 common lots on 38.31 acres.
® In 2011, the City Council approved phase 1 of the final plat (FP-11-004). The plat consists of
36 residential lots and 6 common lots.
® lii 2011, the City Council also approved the Kingsbridge development agreement
modification (MDA-11-004) that excluded this property from the original DA and required a
new DA to govern the property. The new DA has not been signed by the applicant.
® In 2011, the applicant applied for variance (VAR-11-001) to deviate from the R-2
dimensional standards. The City Council denied the variance request.
D. Utilities:
1. Public Works:
a. Location of water: E Kingsbridge Drive and S Merrivale Way.
b. Location of sewer: E Kingsbridge Drive and S Merrivale Way.
Issues or concerns: Secondary water connection will need to be established for fire flow
requirements. Proposed water design will only support homes up to 3600 SF.
E. Physical Features:
1. Canals/Ditches lirigation: The McDonald Lateral is located along a portion of the north and
east boundary of the proposed plat. The Ten Mile Feeder Canal h•ansverses along the
southern boundary. Both ditches are to remain open.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain; This property does not lie within the floodplain.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use
Map. Low density residential areas are anticipated to contain up to tlu•ee dwellings per acre (see Page
20 of the Comprehensive Plan.) With the subject rezone, the applicant is not proposing to increase the
density approved with the preliminary plat. The approved preliminary plat includes 72 single-family
lots on 38.31 acres for a gross density of 1.88 dwelling units/acre. The proposed density will remain
consistent with the current land use designation.
Further, the subject property is surrounded by large County parcels ranging from 3 acres in size to 5
acres in size. The larger lots approved with the plat along the perimeter are not proposed to change and
still provide a transition between this project and the adjacent county parcels as encouraged by the
Comprehensive Plan. Since the adjacent properties are developed with single family residential, the
approved lot count and density is not changing and the surrounding properties are developed as low
density and designated low density residential, staff finds the proposed rezone complies with the
Comprehensive Plan.
8. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2 lists single-family detached
homes as permitted uses in the proposed R-4 zoning dist<•ict.
Kingsbridge RZ-11-003 and MDA-11-006 - 3 -
EXHIBIT A
b. Purpose Statement of Zone: R-4: 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 dist<icts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements of the R-4 district. The number of lots and density approved with the
preluninaiy plat is not changing with the subject application.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ) Application: The applicant is requesting to rezone 38.31 acres of land from the
R-2 zoning district to the R-4 zoning district. The proposal affects a total of 72 residential
building lots. Initially, the applicant sought a blai~lcet variance to deviate from the R-2
dimensional standards. During the hearing, the Council deemed that a blanket variance was not
the appropriate mechanism for deviating from the R-2 dimensional standards and denied the
variance. In staff's analysis of the variance application, it was identified that rezoning the
property to the R-4 zone would allow less stringent dimensional standards (setbacks).
The applicant has provided a comparison of the two zoning districts. Rather than explaining the
differences in text form, staff has attached the comparison sheet as Exhibit A.3. As indicated on
this sheet, the applicant is not proposing to increase the number of buildable lots or the density
approved with the subdivision. The reason for the rezone is to reduce the setbacks to allow more
flexibility in the home styles proposed for the subdivision (Exhibit A.4). In general, staff is
supportive of the rezone as the density and lot dimensions still comport to the R-4 district.
DEVELOPMENT AGREEMENT (DA) MODIFICATION: Concurrently, a development
agreement modification has been submitted. The applicant has ah•eady received Council approval
on a DA modification for the subject property (MDA-11-004). With that approval, the subject
property was excluded from the original Kingsbridge DA and subject to a new one. The new DA
has not been signed because the applicant has elected to move forward with a rezone application.
The applicant wishes to include additional provisions in the new DA before signing the
document. Further, staff believes other provisions should be modified and incorporated into the
DA to ensure this site develops consistent with the approved preliminary plat.
With the previous DA modification, the Council approved the following six (6) provisions:
NOTE: Staff Iras prooposed n change to the approved provisions mid Iras ~econtmen~led netiv
provisions to be added to the new DA. Staff's reco»uneitdatio~ts are in bold italicized format
belofv.
1. Future homes constructed within the Kingsbridge Subdivision shall substantially comply
with the sample elevations attached as Exhibit A.4.
2. The Kingsbridge Subdivision shall contaui the following ameiuties; 1) tot lot, 2) covered
picnic shelter, and the 1.58 acre neighborhood park. Further, the McDonald Lateral shall
remain un-tiled and the open lateral is to serve as an open space amenity for the
Kingsbridge Subdivision. The neighborhood park shall be installed with Kingsbridge
Subdivision No. 2 and the tot lot and picnic shelter shall be installed with Kingsbridge
Subdivision No. 3.
3. The applicant shall pipe the tail ditch from the Dartmoor irrigation pond through the site
and install a new head gate on the new inlet to control water flow into the pond.
Kingsbridge RZ-ll-003 and MDA-11-006 - 4 -
EXHIBIT A
In order to receive the first building permit, the applicant shall post a surety for said
improvement in the amount of one hundred and twenty-five percent (125%) of the
associated construction costs. A detailed bid document shall be reviewed by Planning
Department prior to the acceptance of the surety. Further, the construction drawings shall
be submitted to the Public Works Department for review. Evidence of acceptance of the
design by the irrigation district shall be included with the surety. The applicant shall
coordinate with the appropriate irrigation provider and adjacent Dartmoor homeowner's
to coordinate the construction activities. Staff z•econrmends this provision be removed
from the new DA. Staff Itas received corrfrzntation fi•onr both the Dartmoor HOA and
the Boise Project Board of Control that the improvements are approved by bout
entities'.
4. The applicant shall comply with any applicable provisions of the settlement agreement
between the Dartmoor Homeowners Association as it relates to the Kingsbridge
Subdivision (PP-10-007) being developed by Boise Hunter Homes.
5. The 25-foot rear yard setback along the perimeter lots shall only apply to the four
perimeter lots that are not adjacent to a perimeter common lot. The subject lots are
located in the southeast corner of the subdivision (Phase 3).
6. The applicant shall construct 6-foot perimeter fencing along the eastern boundary of the
four (4) lots located in the southeast coiner of the subdivision (Phase 3). The fencing
shall be installed with the construction of the homes.
7. The applicant shall comply with the zegzrirenrents depicted on the Rezone Exhibit
attached as Exhibit A.2 tivlriclr includes the following: 1) 72 buildable lots and square
footages of the lots, 2) the Itigltliglrted lots with the modified interior side yard setback
restriction and 3) the specific lots requiring the constrzrctiozr of single story (tomes.
8. Mininttrnt square footages for future homes sltal! be as follows: 2,000 square feet for
single story homes and 2,400 square feet for two-story Itotztes.
hi summary, the applicant's proposal complies with the requested R-4 zoning district dimensional
standards and density requirements in accord with the UDC. Further, the approved density of 1.88
units to the acre is consistent with the low density residential land use designation in the Plan.
Therefore, staff recommends approval of the rezone and development agreement modification
subject to the above development agreement provisions and all applicable conditions approved
with PP-10-007 and FP-11-004.
10. EXIIIBITS
A. Drawings
1. Vicinity Map
2. Rezone Exhibit
3. Comparison of the R-2 zone and R-4 zone
4. Approved Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway Dish•ict
Kingsbridge RZ-11-003 and MDA-11-006 - 5 -
EXHIBIT A
C. Legal description and Exhibit Map
D. Required Findings from Unified Development Code
Kingsbridge RZ-ll-003 and MDA-ll-006 - 6 -
EXHIBIT A
A. Drawings
1. Vicinity Map
~R
~Y ! ~AyF~p,
r ~
(
~- ~ ~,~
F
pFl
i ~ %
y
c
~~ ,~4~''r~ { Y l~
,r
.
~ ~~ ~~ f ~i C^rt,S k +~
~~ ~
~.
" ~+'~
y y,.
~ ~, t a k
...
'
g ~ ~\(
'
_._:_
;k~
4
a
~"^'~ js ~ ~~ ~~
~ y i ~
>~~ ~ ~ ,.Y
"~
'.~.
>
.. .
e„j~
~ ,
n,l ;
Exhibit A -1-
EXHIBIT A
2. Rezone Exhibit
KINGSBRIDGE PHASE 2 & 3
72 LOTS ON 38.3 AC
Exhibit A - 2 -
~: SINGLE-STORY HOME
15' SIDE SETBACK (WEST PL)
EXHIBIT A
3. Comparison of the R-2 zone and R-4 zone
KINGSSRICGE SUBDlv1S1QN ~ & 3
?2 LQTS ~N ~8.~ ACRES
Zt~NE CIMENSIQNAL STAN~ARa COMPAR15aN
PROPQSEC}
R-4 R-~ ~CINGSBRIDGE
STANQARQ ~~ Z„ R~4 Zone
Cenaity 41Acre ZlAcre 1.91Acre
Lot Site 8,000 SF 12,000 SF 12,~Q5fi SF*
Fron#age 80' 80' 80'~
Front Setback to Garage 20' 20' 20'
Front Setbacl~ to Living~Side Garage 15' 20' 15'
Rear Setback 15' 15' 15'
Side Setback -Single Story 5' 7.5' S'
Side Setback -Two Story 5' 15' S'
Side Setback -Corner 15' 20' 15'
House Height 35' 35' 35'
Min. Living Area -Single Story 1,400 SF 1,500 SF 2,000 SF*
Min. Living Area -Two Story 1,400 SF 1,5x0 SF 2,40o SF~
*BY QEV'ELl~PMENT AGREEMENT
Exhibit A - 3 -
4. Approved Elevations
v
~~
..~dK'.. :~ ~i 4 ' ..
EXHIBIT A
x ` ~' "~
Exhibit A - 4 -
EXHIBIT A
y~, "';,
1 M
~ `
~~
~ ~n py~~Il ~y tt ~ qq'~p~, '~
~ v Ki_ ~ ~ a ~ ~~yq q~Yf1 I 'wYeyy ~ ~ ~I~r~Ao°~Y ~~gp if ~9~ ~ ~(h ~~ ~' S ~.` ~ g ~ i ~ 1 i .
~'. i~~Mw.~~ww~.at~i~`ww.~"n'r ~`tT'cs:'~~.'o.,~::iii ,"y:,d w~.&~.i:~''~x .y .n,.a„ .._ ".;\yat~.~2~0.'r, ~1~~ka~ss ... ~'~;PJ~'m~~F. ~ ,.~~ ~~~k $~ li., ~1e. , 3er
x ,, ~ ~ •"
z:M „~,
Exhibit A - 5 -
~ a Ra y a °abb) %u` ~ i a~ax '-, ~ ~ a5 ~ A rd$ qaT adp~, E a ern '~ ~ s
`,k~, .,~t8„~p~~ d~„~f~k~.'~R) a R P~~~R~~~e~ ~ ,e. R n ~1~'.s°.r << . ~.. ~. :. .. .. , f ,~. '", ~:~' ~~. ~`~. , aoemna o~ .. ..
EXHIBIT A
B. Conditions of Approval
1. Planning Department
1.1 Prior to the adoption of the rezone ordinance and City Engineer's signature on phase one of the
final plat, the new development agreement shall be signed by the applicant and approved by City
Council and include the provisions outlined in section 9 of the staff report.
1.2 The Applicant shall comply with all previous requlr•ements of this site associated with PP-11-007,
FP-11-004 and new development agreement in effect for the development.
2. Public Works Department
2.1 The applicant shall comply with the conditions approved with the preliminary plat and final plat
(file #PP-10-007 and #FP-11-004).
3. Fire Department
3.1 The applicant shall comply with the conditions approved with the preliminary plat (file #PP-10-
007).
4. Parks Department
4.1 The applicant shall comply with any applicable conditions approved with the prelirninaiy plat
(file #PP-10-007).
5. Police Department
5.1 The applicant shall comply with any applicable conditions approved with the preliminary plat
(file #PP-10-007).
6. Sanitary Service Company
6.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common
drive no more than 5 feet behind the sidewalk that is of sufficient at•ea to accommodate the
receptacles of the residences that take access from the common driveway.
7. Ada County Highway District
7.1 Site Specific Conditions of Approval
7.1.1 Construct Kingsbridge Drive as a residential collector with 36-foot street section, vertical curb,
gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk from its current
terminus to its intersection with Newbridge Avenue, as proposed. Parking and front-on housing
are prohibited on this segment of Kingsbridge Drive. Coordinate a signage program for NO
PARKING signs with District Traffic Services and Development Review staff.
7.1.2 Construct all internal local streets as 36-foot street sections with vertical curb, gutter and 5-foot
wide concrete sidewalks within 50 feet ofright-of--way, as proposed.
7.1.3 Construct two shared driveways on Kingsbridge Drive, as proposed. The shared driveways shall
be between Lots 32 and 33 and Lots 34 and 35. Pave the driveway its filll width at least 30-feet in
to the site beyond the edge of pavement.
7.1.4 Construct a stub street to the north, Stockenham Avenue, located between Lot 31 and Lot 58
approximately 1,300 feet south of Victory Road and 2,425 feet east of Eagle Road (measured
centerline to centerline), as proposed. Provide a temporary turnaround at the terminus of the
roadway, and install a sign stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.5 Construct a stub street to the east, Kingsbridge Drive, located between Lot 26 and Lot 29
approximately 2,200 feet south of Victory Road and 2,650 feet east of Eagle Road (measured
Exhibit B - t -
EXHIBIT A
centerline to centerline), as proposed. Provide a temporary tm•naround at the terminus of the
roadway, and install a sign stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.6 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 any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street fiontages abutting the site shall be
borne by the developer.
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 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 vv~•iting
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 are requfred 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 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 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 vv~•iting
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 airy change fi•om 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 waiver/variance of said requirements or other legal relief is granted pm•suant to the law in effect
at the time the change in use is sought.
Exhibit B - 2 -
EXHIBIT A
C. Legal Description and Exhibit Map
332 N. E3roadmore Way
Nampa, ID 83687
Plt: (208) 442-6300 • tax: (208) 466-0944
r "~ ~~z tY=`'' RI PPROVAL
BY
Project; Cl 1005 a~G ~ 6 2U11
Date: August 15, 201 I MERIDIAN PUBLlC
Page: 1 of 2 WORKS DEPT.
ExlidGit "A"
REZONE PROPERTY BOUNDARY DESCRIPTION
r_ _:
~"3"d
~ ]~
r ~ l ) Gl ~` : INC R PLANNING lNC.
~ ~.
.,,c _~~ '
.`,,,
"this parcel is situated in a portion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64, Page
6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of the
S W I/4 of the NW 1/4 and the SE 1/4 of the NW 1 /4 of Section 28, Township 3 Notth, Range I
East of the Boise Meridian, City of Meridian, Ada County, Idaho and is more particularly
described as follows:
COMMENCING at the west l/4 corner of said Section 28, said point monumented with a S/8-
inchdiameter iron rod and referenced in Corner Perpetuation an Piling htsh•ument No.
! 09000681, on file in the Office of the Recorder, Ada Cowtty, Idaho; thence along the south
boundary of the SW 1/4 of the NW I/4 of said Section 28,
A) 5.89°23'38"E., 1327.92 feet to the southwest corner of the SE I/4 of the NW %n OP SAID
Section 28; thence along the south bottndat•y of the said SE 1/4 of the NW I/4,
I) 5,89°25' 12"E., 211.96 feet to the southeast corner of Lot 16, Block 3 of
Kingsbridge Subdivision Phase I, Book 96, Page 11933, on file in the Office of
the Recorder, Ada County, Idaho, and the PAINT OI+ BEGINNING; thence
along the easterly boundary of said ICingsbridge Subdivision Phase 1 the
following courses;
B) N.01 °32'26"E., 321.71 feet (of record 321.72 feet); thence,
1) N.27°56'29"W., 187.59 Feet; thence,
2) N,26°14'12"W„ 100.05 feet; thence,
3) N.40°04'57"W., 253.58 feet;
4) N.03°21'35"W., 147.58 feet; thence,
S) N.07°24' I O"E., 177.29 feet; thence,
~//
OP
L:\ProJect Piles\CI 1005\Survey\LEGALbESCRIPTIONS\Rezoae Property boundary Descriptimt 081St Ldoc
Exhibit C - 1 -
EXHIBIT A
Project: Ci ]OOS
Date; August I5, 2011
Page; 2 of 2
6) 5.89°30' 16"E., 56.39 feet to a point of curvature; thence along a ctu•ve to the
right,
7) having an arc length of 35.61 feet, a radius of 75.00 feet, through a central angle
of 27°12'11"and a long chord which beats 5.75°54'11"E. 35.28 feet to a point of
non-tangency; thence,
8) N.27°41'S5'B., 50.00 feet; thence,
9) N.00°29'45"E., 195.83 feet to a point on the north boundary of the said SE 1/4 of
the NW I/4; thence leaving the easterly boundary of said Kingsbridge
Subdivision Phase 1 and along said north boundary of the SE I/4 of the NW 1/4,
10) 5.89°30' 16"E., 1284.53 feet to the northeast cornet• of said SEl/4 of the NW Il4;
thence along the east boundary of said SEI /4 of the NW 1/4,
11) 5.00°29'34"W., 1325.46 feet to the southeast corner of said SEl/4 of the NWl/4;
thence along the south boundary of said SEI/4 of the NEI/4,
12) N.89°25' 12"W., i l I G,18 feet to the POINT OF BDGINNING.
CONTAINING 38.31 acres, more or less.
SUBJh:C'I"PO atl Easements, Rights, Rights-of--Way and all other Encumbrances of record or
implied.
L:\ProJect Files\CI 1005\SurveylLF,GAL DESCRIPTIONS1Rezone Property Boundary Description 08151 Ldoc
Exhibit C - 2 -
EXHIBIT A
.,.~,~ ~-' (xavaNnoa sssvxa auniri3)" ~ ~ g ••
nrorsrACaens aaanrsrsaHrx
J191HXg XINON1109 XJ,tIgdOlld ~oHriiiinye
iWY Hnd
z o gggggg~ z
o
w a ~ ~~~
~~~~~
M ~ rWyh ~ ~y(y(y(~~
~~Inp rN (~~XK~~
VlN ~0.~~~
~ o ~~
~~~~
J~ I
K
~~~
9~~
~R11
Wp
W O
N
V ~
}N N ry
b N Z'
° ~ ~~ ~
ov qq
o~ ~ ~F
c~v n
N~
Wi
o~
a
z c
'~ ~
t t~ p
~„~,k` Q
~~4` V1 0
S \ Z jC`^'
~~N~ ~ ~
~' N ~
QticQU ',~,,°m A
. ry N
N~ ~
~ $~~~~~~
H k $ O ~$~~~~$ m
N ~
k b
0 ® ~ 0 V ~L
-i
0
Q7 M h r 9
W N
V1 F/
s Z
W
0
~ ~~ ~
~~.. _.. .~... ~. --. .-.. 1
-~ ~ ~ ~ uroa atom ~unos~
a:n
w ee
++
O
p N M
cV
N ~
N Z M
~ t
.
-R N(p ~ L
~o
a m om
~~"
m "N
P
h o
y~ N
N
O N
N
z N N
~e~~
Exhibit C - 3 -
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation fi•om the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or Y•ezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone 38.31 acres of land from the R-2 zone to the R-4 zone.
The Council finds that the proposed zoning map amendment is consistent with the FLUM and
complies with the applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to R-4 complies with the regulations
and the purpose statement of the R-4 zone. The subject application is not proposing an
increase the lot count (72) or density (1.88) approved with the Kingsbridge preliminary plat
(PP-10-007).In fact, the density, lot sizes and lot frontage requirements exceed the minimums
required in the R-4 zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Council consider any oral or written
testimony that may be provided when determining this finding.
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 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 rezone is in the best of interest of the City (UDC 11-SB-3.E).
The Comlci] finds rezoning this property is consistent with the future land use designated on
the FLUM and the objectives contained in the Comprehensive Plan. Therefore, the Council
finds that the rezoning of this property to R-4 district as proposed by the applicant is in the
best interest of the City; subject to the provisions of the development agreement.
Exhibit D - 1 -