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Baltic Place RZ 13-007A ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 46 BOISE IDAH011/20113 12:51 PM DEPUTY Vicky Bailey II I I I II I II II I I II VIII VIII I I II'lll III RECORDED-REQUEST OF Meridian City i i' i .?r,~~~, DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cair Paravel LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_~ day of ~JOt)Q~M~12~( , 20~, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Cair Paravel LLC, C/O H.D. Fowler Co, Inc., whose address is P.O. Box 160, Bellevue, Washington 98009-0160 hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" 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, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Light Industrial District (I-L District) under the DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 1 OF 11 UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation ofthe subject Property held before the Planning & Zoning Comrission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1 st day of October, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their 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 ofthe Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 2 OF 11 and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Cair Paravel LLC, whose address is P.O. Box 160, Bellevue, Washington 98009-0160, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County ofAda, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned I-L (Light Industrial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 3 OF 11 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of the site shall generally comply with the preliminary plat and landscape plan included in Exhibit C. 5.1.2 Future development of the site shall comply with the ordinances in effect at the time of development. 5.1.3 Future development ofthe site shall be consistent with the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developershall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 4 OF 11 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 ofthe 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 byeither Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. 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 default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 5 OF 1 l proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe Property by the City Council. Iffor any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances ofthe City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 6 OF 11 Cair Paravel LLC, C/O H.D. Fowler Co., Inc. P.O. Box 160 Bellevue, Washington, 98009-0160 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, ternination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall bebinding onthe Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 7 OF 11 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any ofthe other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. 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. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. 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 ofthe Property and execution ofthe Mayor and City Clerk DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 8 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Cair Paravel LLC ~~~ By: ~~ Catherine Fo er Ant ells, Manager CITY OF MERIDIAN iG.r~i~fJ~ By: Mayor T de Weerd `' `'> ATTEST: `~'~^~ :, ~q'R2., l`, I~ 1 gy~, ?,~'~„ ~ ~ ~; i! 11: i I"Y 1'7'x"' a~ i i ~nuwo Jaycee Holman, City Clerk ;~~~~, ~' 4 ~ ~,a ~~~~~~ 1i1 ~~ iRE ~~~_ DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 9 OF 11 STATE OF '~/ ~ County of f~? sv ~' ss: On this ~ ~-~ day of tV'~'I:pi. =,>~/~-2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ Catherine Fowler Antonelli, known or identified to me to be the Manager of Cair Paravel LLC, and acknowledged to me that she executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHELLEY MUTH STATE OF WASHINGTON NQTARY PUBLIC MY COMMISSION EXPIRES 07-2&16 STATE OF IDAHO ) ss County of Ada ) Notary u~lic for -~i i~-T~,C f1/'' "'~~~~~ i ~ Residing at: r7~~r V'/~ My Commission Expires: I i{6 /b On this ~ day of ~~,~~1~~ rr Fx~~ , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 10 OF 11 ,a ~ ~'p, j' •. (SEAL) " OTAR~::~'~: } `, ~ • . ~ • • ~~~ i~~; • _• u riv~G Q, • . '•; f'E OF ~~•• ~~: -_ No Public for Ida~io ~- - Residing at: (~{~ ~, ~ ~ ~ ~ ~ ~ Commission expires: , ~ a n y _ ~vl L~ DEVELOPMENT AGREEMENT -BALTIC PLACE ADDITION (RZ 13-007) PAGE 11 OF 11 Exhibit A: Legal Description z'I,~~PSC(f~CfOtt 8~ftic (71ae~ Addttiot't (Rezone anal t~r~timirraty fiat} A parcel lacaEed in the N~R+ %. of the NE %< of Section 18, Tortnship 3 North, •'tange 1 l=ast, gaise P,Aer,dian, Ada County, Idaho, and mare pariicula+ly described as follows: Commencing at a Brass Cap manumsni marking tiro northx+ost eorner of the Nit Y. of said Soatlan 1H, from mrtilch a Brass Cap monument marking the northeast corner of said Sact+on 18 bears N 89'46'09" F a distance oF268d.20 feat; Thenae N 89'4G'09" E slang lire narthaAy boundary of cold Suction 1H a distanco of 1327.17 foot to a 5f8 Inch diamatar Iran pin marking the narthaast corner of said NV4 %of the N~ 1/4; Thence S +7"29'30" W afang Ehe easier;/ boundary and tlla prolongeficn thereof at Baltic Plane Subdivision Na. 1 as shov,~n in Baok 93 of Fists on Page 11199, records of Ada County, fdahe, a distancs of 293.11 fast to a 5/8 Inch diameter Iron p(n meriting the southeast corner a€ said Baltic PIaCe Su6divlsbn No. t and the PAINT OF p~GINNtNG; Thence S 0`29'38' W along tho easrany boundary a(sald NNl %<of the N~'f, a distance of 1Q38.99 feet to a 519 Inch diameter Iran pin maddng the southeast eorner of Modimant Subdivision No. 2 as shown in sank 78 of Fiats on Page 8453, records of Ada County, Idaho; Thence leaving said easterly boundary N 51 °26'38` VJ a distance at 132.88 feet to a paint In the Hunter Latarai; Thence N 63°27'1b" W a dlsfanae cf 4g4.g0 fsot to a 5I6 Inch diamafer Iran pin; Thence N D°39'10" W a distance of 600.07 feel Eo a 5!9 inch diameter Iron pin marking the sauthvtast aarnor of said 6altlc Plane subdivision No. 1; Thence along the southsrly boundary of said battle Prace Subdivision No. 1 Ehe fallowing described courses: Thenae fd 8r3°21'?.6" F a distant of (29.05 Feet to a 5ia Inch diarneier iron pin; Yftenco N 46"29'1 ~' E a distance of 2G.60 feet io a 5ra Inah diamotar iron pin; 7hente N q°29'15" B a dls'tanae of 57.99 tBet to a Gl9 inch dtametsr iron pin; Thence S 8:1"30'45" F a distanaa of 54.Dq fast to a 510 matt d'arneter iron pin; `thence N tl°29'16" B a distance of 21,90 feat to a 518 incfi diameter iron pin; `Chance 5 89'"s©'45" E a tlistanae of 279,99 lest to the P61NT o~ gsaiNNCN~; TI7is parcel contains 9,41 acres and Is subject to any easements existing or in usu. CElnfon W. Hansen, Pt.S • R~ti Land Solutions, PC 6Y }a June 5, ?A13 ~O~ ~ ~ ~t~13 At~F~}piAN Gr`'tt~4UNIlY (7EV oL4PMENT DcPF, t ~' Baltic neirslnddr Job Na.15•S5 Exhibit A: Legal Description t~altie Place Addition (Rezone and I~refiminaty PIatJ A parcel Ibvatod in the N+Ar %. of the NE %< of Section 18, Trnvnship 3 Noah, Range 1 Past, Boise PJteddian, hda County, Idaho, and more parfeularty described as falla~NS: Commencing ai a Brass Cain rnonumant marking thv nvrthivest corner of the NP'/a of said Section 18, from which a brass Cap manumenf marking the nPrfheast corner of said Seck?on t 8 bears N 89°4B'09" F a distance of 2054,20 feel; Thence N 89°4Fi'09" !s along 111o nvrlhedy boundary of said Svvttcn 1B a distance of 1327.17 feet to a 8I8 inch diametarlran pin marking the narlheastcvrnarofs2id UUJ'/<vf the NP 114; 7'henve S p"29'3G" W atang 1ha easlady boundary and the prolongation thereof of Salgc Place Subdivision NP. 1 as shcwn to Book 93 df Plsts On page 99188, recard3 bf Hda County, tdahc,. a distance of 293.91 feet tv a 818 Inca diameter iron pin marking eye snutfieas[ corner df said Baltly Place Subdlvislan No.1 and the POINT OF F~POINNPNG; Thenco S 6°29'30' VJ along tho eas[arty Ucundary of said NNl Ya of the NP'/, a distance of 1038.99 feet to a 818 Inch diameter Iran 171n madcing iha aautheast ovrner of Pvladi rant Subdivision No. 2 as shown in soak 79 of Picts vn Pago 8483, records of Ada County, Idaho; Thence leaving said aaatarly boundary N 51°26'39" UJ a distance of 182.88 feat to a paint in the Hwtter Latoral; Thenav N 63°2T15"!N a distanoo of 4p4,9p teat to a 618 inch diamafor iron pin; Thence N 0°39'10" W a distance of 000.0% fret to a 618 arch diameter iron pin marking the svuthvtast Pcrnor of said €tallly Place Subdivision Na. t; 7tionce atvug the so«tharly boundary of sold Baltic Ptaco Subdivislen No. 1 the following described courses: Trance N 89°2Y26" F a distanrnof'e29,96 fee#ta a 5J8 inch diameter Iron pin; Thence tJ 4&`29'1 ~' 1: a distance of 28.69 feet to a 5J8 Inch diamotor Iran pin; Thence N 0°29' 1v' E a dlstanca of 57.99 (eet to a 5l8 inch diameter iron pin; Thence 5 89°36'45" F a distanve el 64.00 leek io a 518 inert d~metar iron pin; Thence N ~°23'16" E a distance of 21.99 teat to a 6J8 inch dlamotor iron pin; Thence S 89'39'45" E a dlstanca of 279.9$ lest to the n01N701= f3Pr31NNING, Titis parcel contains 9.49 acres and Is s«f?Jsot to any easements - existing or in uso. ov#Pt- LAlyp ~, " ~~ `s T 'pL ' 4 ,~ . " 0 Cltnfan W. Hansen, F'LS R P f24Vl~L ~ ~ ~'('~ ~ $ ~ Lauri Solutions, PC ~..~ ~ ~ Na 7 ~pry~(~'r June S, 2013 .IU[. 1 1 ZtlJ3 toy r~ or ~© ~~ ~ ~ nN 4V . H~ M~R1RtkV G4 11,AttNtTY ' C3EVELfJPMPNT LfEPT, saltlP RamelnAer ~,cJJ'JCf `,FO~17~ ~+f~h1~ L__- -`+x+e anvq~e9 mtcena u,•.a Jab No.13~35 CITY OF MERIDIAN ~`~~ j(E IDIAN.~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i D A 1-) O In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Future Land Use Map Designation on 9.41 Acres of Land from High Density Residential to Industrial; Rezone of 9.41 Acres of Land with an I-L Zoning District; Preliminary Plat Consisting of two (2) Industrial Building Lots on 9.41 Acres of Land; AND a Development Agreement Modification to Exclude the Subject Property from the Baltic Place Development Agreement (Instrument #102090926), Located South of E. Franklin Road and west of E. Kalispell Street, by HD Fowler. Case No(s). CPAM-13-001; RZ-13-007; PP-13-015 and MDA-13-013 For the City Council Hearing Date of: September 17, 2013 (Findings on October 1, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 17, 2013, 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 65,1'itle 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 planningjurisdiction. 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). CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 -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 Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of September 17, 2013, 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 OI•der Pursuant to the City Council's authority as provided in Meridian City Code § I 1-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 a comprehensive plan map amendment, rezone, preliminary plat and development agreement modification are hereby approved per the attached Staff Report for the hearing date of September 17, 20]3, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC I 1-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension oftime to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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 may be 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 -2- (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 may be 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 may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 17, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER cnsENO(s>. CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 -3- By action of the City Council at its regular meeting held on the I Sfi day of ~(~.~p,Q(L_ , 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRES[DENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER 1{EITH BIRD VOTED. _f~n2(,Jt VOTED (~,~ p~ VOTED_ U VOTED_ ~ ~,( (~ °~~ Copy served upon Applicant, The Planning Depaltmeut, Public Works Depalrtment and City Attorney. -` a v~ = Dated: 1 O' I- ~ ,3 I Cler ' Ice CITY OF MERIDIAN FINDINGS OP TACT, CONCLUSIONS OF LAW AND llECIS10N & ORDER cnsENOls>. CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 -4- MAYOR TAMMY de WEERD VOTED_ (TIE BREAI{ER) Exhibit A STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: September ] 7, 2013 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 C~%~E IDIAN~-~- IDt~I.3C~ Bruce Freckleton, Development Services Manager 208-887-2211 Baltic Place Addition-CPAM-13-001; RZ-13-007; PP-13-015 &MDA-13-013 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, HD Fowler, has applied for the following: 1) a comprehensive plan map amendment (CPAM) to change the land use designation on approximately 9.41 acres of land from High Density Residential (HDR) to Industrial; 2) rezone (RZ) of 9.41 acres from the R-40 zoning district to the I-L zoning district; 3) preliminary plat (PP) approval consisting oftwo (2) industrial building lots on approximately 9.41 acres of land in a proposed I-L zoning district and; 4) a development agreement modification to exclude the subject property from the recorded Baltic Place development agreement and require a new DA for Baltic Place Addition Subdivision. See Section VII, VIII & IXfor more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, RZ, PP and MDA applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Plannine and Zoning Commission heard these items on Aueust 15 2013 At the aublic hearing the Commission voted to recommend aaaroval of the subiect CPAM RZ PP and MDA requests. a. Summary of Commission Public Hearine• i. In favm•: Becky McKay ii. In ooaosition: None iii. Commentine: None iv. Written testimony: Beclcv McKay v. Staff aresentine analication• Bill Parsons vi. Other staff commentine on anolication• None b. Ke v Issue(s) of Discussion by Commission• i. None c. Ke v Commission Chanee(s) to Staff Recommendation• i. None d. Outstandine Issue(s) for Citv Council• i. None ~, Summary of itv Council Public Hvar'n Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 &MDA-13-013 PAGE 1 Exhibit A L In favor: Becky McKav iL Ip4onnsition: None lih Commentine• one jy, Written testimony nn y, Staff rec n inv aonlication• Bill Parsons yi, Other staff commentine on anolication: None li, Kev Issnes of Discussion by CounciL• L_ None ~, Kev Council Chan ~ t,. curs/f~~mm;ccinn Recommendation 1. Conncil modified condition-of annrnval 2.2.. reauirin¢ the PRV at Kalisoell Street if nPracsarv to nmvide fire flow to Lot 2. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM- 13-001; RZ-13-007; PP-13-015 & MDA-13-013 as presented for the hearing date of September 17, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-13- 001; RZ-13-007; PP-13-015 &MDA-13-013(optional), as presented in the staff report for the hearing date of September 17, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-13-001; RZ-13-007; PP-13-015 &MDA-13-013(optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Franklin Road, west of E. Kalispell Street, in the NE Y4 of Section 18, Township 3 North, Range 1 East. (Parcel #S 11 ] 8120670) B. Applicant: HD Fowler 1100 W. Taylor Avenue, Suite #106 Meridian, Idaho 83642 C. Owner: L.C. Development Inc. P.O. Box 518 Meridian, ID 83642 D. Representative: Becky McKay, Engineering Solutions 1029 N. Rosario Street, Suite #100 Meridian, Idaho 83642 E. Applicant's Statement/Justificatiou: Please see applicant's narrative for this information. Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-O15 &MDA-] 3-013 PAGE 2 Exhibit A V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment, rezone, preliminary plat and development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 29, and August 12, 2013(Commission); August 26 and September 9, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: July 18, 2013 (Commission); August 22, 2013 (Council) D. Applicant posted notice on site by: August 3, 2013 (Commission); September 6, 2013 (Councip VI. LAND USE A. Existing Land Use(s): This site is vacant property approved through a planned development for a 228-unit multi-family development. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Commercial property, zoned C-G South: Cemetery property and commercial property, zoned RUT and C-G East: Industrial property, zoned I-L West: Cemetery, zoned RUT C. History of Previous Actions: In 2001, the property was approved as a planned development (AZ- 01-008 and CUP-O1-015) consisting of commercial uses and high density residential: A development agreement was required with the annexation of the property and recorded as instrument # 102090926. • 1n 2006, similar applications (CPAM, RZ, PP, MDA & CUP) were submitted to develop aself- service storage facility on the site but were withdrawn. D. Utilities: 1. Location of sewer: The sanitaty sewer main intended to provide service to this development is existing in S. Baltic Avenue. 2. Location of water: Domestic water mains that are intended to provide service to this development are existing to the north in S. Baltic Avenue and in E. Kalispell Street to the southeast. 3. Issues or concerns: Domestic water services must be extended through this development from both locations mentioned above. The development also falls on a domestic water pressure zone boundary, and therefore will be required to instal( an additional connection to the higher pressure zone in Franklin Road near the Northeast corner of the existing Baltic Place development. This connection will keep the overall development in a higher pressure zone, thereby providing higher levels of fire protection. E. Physical Features: 1. CanalslDitches Irrigation: The Hunter Lateral runs along the south boundary of the site and is tiled. 2. Hazards: NA 3. Flood Plain: This property is not within the flood plain. Baltic Place Addition CPAM-13-001; RZ-13-007; YP-13-015 & MDA-13-013 PAGE3 Exhibit A VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: The Comprehensive Plan Future Land Use Map (FLUM) currently designates the property as High Density Residential (HDR). The purpose of the HDR designation is to allow multi-family development where urban services are available. Residential gross densities may exceed fifteen dwelling units per acre. Development might include duplexes, apartments and townhomes. Proposed: The applicant proposes to change the FLUM designation from HDR to Industrial. The purpose of the industrial designation is to provide a range of industrial uses that support industrial and commercial activities and to develop areas with sufficient urban services. The Industrial designation on the FLUM anticipates light industrial (I-L) or heavy industrial (I-H) zoning. These zoning designations allow for various industrial uses. The applicant is proposing to rezone to the I-L zone and plat the property concurrent with the proposed map change to develop Lot 1, Block lwith the new HD Fowler facility (contractor's yard). The proposed development is consistent with the requested FLUM change and rezone to I-L. In evaluating the surrounding land uses, a vast majority of them are either commercial or industrial. Adjacent to the Locust Grove corridor, numerous properties are designated mixed use which encourages a housing element. Over the last couple of years the City has seen a decline in the amount of available industrial property and an incline in multi-family developments. Since this property is in an area that is primarily developed with industrial uses and other properties in the general vicinity are designated mixed use which encourages a housing component, staff finds the industrial designation is a better fit for the area than high density residential. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Require all commercial development and industrial businesses to install and maintain landscaping." (2.07.03B) A 10 fool wide landscape bz ffer is regzrired adjacent to S Baltic Avenue and E. Kalispell Street czrl-de-sacs irz accord with UDC Il-3B-7C. 2. "Permit uew development only where urban services can be reasonably provided at the time of Final approval and development is contiguous to the City." (3.01.O1F) City services will be provided to the indzstrial lots with the consG•zrction of the subdivision. 3. "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.02B) The proposed development is an infill project consistent with this objective. 4. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) Two local streets (S. Baltic Avenue and E. Kalispell Street) are stzrbbed to the property. The applicant is proposing to terminate each stub street as cut-de-sacs. Lot I, Block I will have access to both roadways. The other Zot will have access to/from the E. Kalispell. Stafffrnds the proposed access is consistent with the UDC. Fzrrther, the proposed development is located in an area that has an established roadway network to serve the proposed industrial development. 5. "Designate land for a variety of uses." (3.05.01 H) Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE4 Exhibit A The last several years the City has seen a decline in its industrial properties and nnrlti family developments have been on the incline making this a good candidate for industrial uses rather than high density residential. 6. "Monitor and adjust accordingly, the amount of industrial areas needed to meet ttre employment needs of the City." (3.OS.O1K) Cwrently the City's industrial properties are situated along the rail corridor, I-84 or are zmdeveloped within the Ten Mile Specific Area Plan. This area can be serviced and is supported by an established road network which makes it a viable location to ath•act industrial zrses to meet the employment needs of the conummity. 7. "Encom~age industrial development to locate adjacent to existing industrial uses." (3.06.01 C) Avast majority of the properties to the east m•e developed with indush•ial uses making this an ideal location for more industrial development. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. 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 ozdinances 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 intended use of this property is an industrial development which will integrate well with existing commercial and indust•ial uses in the area. 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. City inji•ash•ucture can serve the proposed development. 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. A 7tozrsing element is not a component of the subject CPAM. 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 tlwoughout the City. Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 5 Exhibit A The szrbject property is currently identified as appropriate for high density residential. Since the property is szrrrounded by developed commercial and industrial uses, staff is of the opinion the property is better situated for irzdush•ial development rather than nndti family. The graphic provided below derrzonstrates that the City of Meridian has limited acreage of industrial property in comparison to residential and commercial zmzed properties (see ExhibitA.3). Historically, indusd•ial zoned property has created opportzrrzities for family wage jobs and has spurred economic development. e. Public Services, Facilities, and Utilities City water arzd sewer service is available to the subject property. E 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. Not applicable. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The property is located in arz area that has arz established roadway rzelwork to adequately serve the proposed indush•ial development. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not arovare of any rzatzrral resources that exist on this site that wozrld be impacted by the proposed development. i. Special Areas The subject anzendnzent does not directly impact any lands designated for open space, natzrral resozrrces, or scenic areas, nor does the parcel contain any known significant or sensitive natzrral resozrrces. Hazardous Areas The purpose of this element is to ensure tegu]ation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 18 developed City parks totaling approximately 240 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 pzrrposes. L Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land ttse changes. Staff is of the opinion the proposed industrial development is consistent with the proposed industrial designation for this site. 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 Plamzing Division will administer the Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & IvIDA-13-013 PAGE6 Exhibit A Comprehensive Plan and its policies through the Unifred Development Code. The Planning and Zoning Conunission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in Zand use. The City Council is the zrltinzate decision making authority on most land zrse 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 propcrty without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not znconstitutional[y violate private property rights. The current property owner has consented to the application submittal. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2C-1A, the purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table I 1-2C-3 for the I-L zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2C-3 for the I-L zoning district. E. Subdivision Design and Lnprovement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. E+~. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 9.41 acres of land from High Density Residential (HDR) to Industrial (see Exhibit A.2). Please see the analysis included above in Section VII and the Findings in Exhibit B below for more information. REZONE AND DEVELOPMENT AGREEMENT MODIFICATION (RZ AND MDA): The applicant is proposing to rezone 9.41 acres from the R-40 zoning district to the I-L zoning district to develop Lot 1, Block 1 with the new HD Fowler facility (contractor's yard). The recorded development agreement allows for the development of one (1) apartment lot and the planned development allows the construction of 228 multi-family dwelling units. Since the multi-family use is no longer planned for the site and many of the DA provisions affect the remaining vacant commercial lots along the north boundary, staff is recommending that the property be excluded from the recorded development agreement and subject to a new DA. Staff s recommended DA provisions are provided in Exhibit B. Baltic Piace Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 7 Exhibit A PRELIMINARY PLAT (PP): The proposed preliminary plat consists of two (2) building lots on approximately 9.41 acres of land in a proposed I-L zoning district. Lot 1, Block 1 is five (5) acres in size and Lot 2, Block consists of 3.93 acres. The proposed plat and future development is required to comply with the dimensional standards of the I-L zoning district listed in UDC Table 1 I-2C-2. The submitted plat has the required 10-foot wide landscape buffer easement and the submitted landscape has the required plantings in accord with UDC 11-3B-7C. As mentioned earlier, the HD Fowler Company plans on developing Lot 1, Block 1 with a contractor's yard. On the submitted landscape plan the applicant has provided a conceptual layout that depicts an 8,000 square foot two-story office building, an 8,000 square foot warehouse building and a secure storage yard. The storage yard is proposed to be screened with a CMU wall and fencing. At this time, details of the screening materials have not been submitted. With the submittal of the certificate of zoning compliance application, the applicant must provide details of the screening materials to ensure the storage yard complies with the standards set forth in UDC 1 ] -3A-14. Building Elevations: In conjunction with the conceptual layout, the applicant has also provided a photo that demonstrates the construction materials for the office building. The primary building materials consists of metal siding and split face block (see Exhibit A.6). Because the photo only shows the front elevation, staff is unable to determine the quality of development such as if modulation exists in wall planes, floor plans and rooflines to articulate building mass and form; if the quality of design and detail is present on all facades; if there are adequate details on all elevations to provide articulation and avoid blank walls; if there will be a variety of materials and color changes for variety and interest on all facades; etc. Ultimately, the final design of the site and structures on the site must be consistent with the provisions of the UDC I 1-3A-19 and the Meridian Design Manual. Access: Access to this property is provided by two (2) stub streets. S. Baltic Avenue is stubbed along the north boundary and E. Kalispell Street is stubbed at the southwest corner of the property, both streets will terminate in cul-de-sacs. The HD Fowler property (Lot 1, Block 1) will have access to both cul-de-sacs and Lot 2, Block 1 will have frontage and access to E. I{alispell Street. Since both lots have access to the adjacent local streets, staff is not recommending a cross access agreement between the properties. ACHD has reviewed the submitted plan and supports the terminus of the streets as cul-de-sacs. The proposed plat complies with the access to street standards in accord with UDC 11-3A-3. Sidewalk: Five-foot wide attached sidewalks are adjacent to the cul-de-sacs in accord with UDC I1-3A-17. Waterways: The Hunter Lateral transverses the south side of Lot 2, Block 1. This lateral is currently tiled in accord with the UDC. Summary: In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing & Proposed Future Land Use Map 3. Zoning Comparison in Acres 4. Legal Description & Exhibit Map of Rezone Area Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-] 3-013 PAGE 8 Exhibit A 4. Proposed Preliminary Plat (dated: 6/25/13) 5. Proposed Landscape Plan (dated: 6/27/13) 6. Building Photo B. Conditions of Approval C. Required Findings from Unified Development Code Baltic Place Addition CPAM-13-001; IiZ-13-007; PP-]3-075 & MDA-13-013 YAGE9 E~hiUit A Gallic Placc Addition CPAM-13-001; RZ-13-007; PP-13-015 ~ A9Un-13-013 i'ncr io Elhibit A )/xl>IiUit A.2: )Jxisting & Pt•opnsed ruhtt•e Land LTsc Map Date: S/9f201 L1 „- Legend Est;;. %Rural Resiaential K{ ~_.~ LGSL' Density Residential L~~ htedium Density Re.ic~errtial L-~~~ tvtei•liigh C~ensi:y Residen•ial ~_. 1 High Density Residen:ial Gornmervi~,! -:~ Cr~iae L~J iR~LStfiai ~~ Old Tawn PAixed UsE Neighborhood - Mi;.Pd Use Gomn•.unity ~_ !1 A4ir:ed Use Non-Re>id_nti a! Mixed Use Regional ~_~. , i,,,_. j Mixed UE - Irrterchan_ie u 1,i t'iG .. ~~I CIVr: IM _,~.~ F~ark ~_~ A'tU'Res Existing Land Uses ~ ' ~ - : 0 500 1,000 Fe?t ... - > ~-- - I ~~ ~ t~ ~ ~ _ - _._ . , r ~I - :1 ~ _. _. _ __. , ~ ~ •_-._~__ ; .~ ~ ~ ~ - --- - -- __~_ . f~ ll S ~ ' ilspe -£ K t i _ 'I .. , ~ _ _I ~! _ I - ~ - .: , ~ ~ ~ i' ~ ~ ~ 7: ~~ }' E Y~1~ater Cr~+v~or_5t .. d. },kY~dr FGce Proposed Land Uses Li`=eStylE Gen;er I~ Mined EmF.laymFn: , L ~ Lo•.v Rensity Employment iifE?i~r E ^:;'~ High Densely EmF'layrnen: f f Scltfller Lrriti,~~. f;~: ~'~ . x 1 ' i ~ ~ ~ . ~.` _.. ..~ _. . _- ~ ..~ r~ r, bi . ,i ~ ~~ i-~. fi r E _ ~ _l ~-... .--, ,3 r,~,.... .~ ` ~, _ f,; 1. Rttltic Place Addition Cl'M'1-13-001; ]t1-13-0O7; Pl'-13-015 ~ MI)n-13-013 Pncc 1) Ex}~ibit A Exhibit A.3: 'Coning Comparison in Acres Zoning Area by Groups Employment 2,143 Residential ~ ~ Commercial 13allic Place Addition CPAA9-13-001; R"L-13-007; PP-13-01~ & 1,9DA-13-O13 PAGI: 12 ~'~ Traditional 268 Exhibit A Exhibit A.4: Legal Description & Exhibit Map of Rezone Area I~al,b~,-rp„~ ion Baltic Place AddftiGn (Rezone and PreNminary Plat) A parcel bated In the NW Yi of the NE Y. of Section 18, Townelrp 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, end more pariicutedy deaai6ed as /otbwa; CommencMg at a Brava Cap monument marking the rwrthvwst cemer of the NE Ya of askl Seotbn 18, from which a Brass Cep monument marking the norlheaat corner of aakl Section 1B Beare N 89'48'09" E a distance of 2664.20 teak Thence N 89'48'00" E abng the norihedy boundary of said SecOon 1 ~ e distance of 1327.17 feet to a 6/8 Inch diameter iron pin marking the norlheaat corner of saki NW Y. of the NE 1/4; Thence S 0"28'30" W abng the easterly boundary ertd 8re probngafbn Thereof of BaBic Place Subdlvkbn No. 1 as shown in Book 93 of Plate on page 11186, records M Ada County, Weho a dstance of 293.11 feet to a 6/6 Indl diameter iron pin merkkrg the aoutheest comer of veld Baltic PMce Subdivkbn No. t and the POINT OF BEGINNING; Thence S 0.28'30" W along the eastedy boundary of saki NYV Y. of the NE'/, a distance of 1038.99 feet to a 6/6 Inoh dameter Iron pin merlcptg the southeast corner of Medlmont Subdivfeion No. 2 as shown an Sook 79 of Plats on Pape 8463, recede of Ada County, klaho; Thence beving Bald eaeterry boundary N 51'25'3B° W a dlatance of 132.86 feat to a point In tM Hunter Lateral; Thence N 83°27'15' W a distance of 404.00 feat to a tS/8 Inch diameter iron pin; Thence N 0'39'10' W a distance of 880.01 het to a 618 inch diameter loan pin marking tho sou9rweat comer Of aafd Bakb Place 8ubdiviabn Nv,1; Thence along the sou8tetly twundary o} said eattlc Plaoa 5ubdivkbn No. 1 the toMowing dewrbad tounea: Thence N 89'21'20" E a distance of 129.05 feet to a 618 krcFr diameter Iron pin; Thence N 46'I9'15" E a detente o} 25.80 het ro a 6/B inch diameter iron pin; Thence N 0'29'15' E a dletance of 67.99 feat to a 618 kith diameter iron pin; Thence S 89'30'46" E a distance of 64.00 feet to a 618 Mch diarrreter iron pin; Thence N 0.29'16' E a tlistarx:e of 21.00 }vet to s ti/81nch diameter iron pin; Thence 5 B9.30'4b" E a dstance of 279.98 feat b the PANT OF BEGINNING; This parcel contatnc 9A1 acres and Is aubJect b any easements exk8ng or in use. Clinton W. Hansen, PLS RE~A Lend Soluliona, PC BY t~OVALe June 5, 2013 ~U~ J ~ 10J~ NIERIDlAN GO~1MUNlTY 24RIff~lUt;~OtiS DEVELOPMENT DEPT. 1w4lw1NY xxaw,.xxy a~ltie RmuhWer Job Na.13.36 Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 13 Exhibit A _blr a~ "I°-. P S Baltic Place Addition CPAM-13-001; IZZ-13-007; PP-13-015 & MDA-13-013 PAGE 14 ~y fj W Exhibit A Exhibit A.4: Proposed Preliminary Plat (dated: 6/25/13) i;' _: i~~~ ~- ... I, .I ~~ o :I ~ :i i`~ .,~ i~ i ; III ~5~ ~.~11i¢ ~ ~~~=fi$~ F ~g~~;~~3 ~~a;p~~~~~~~~Y 7 e >9<_, S i E~i ~'~~~~9 ~ie,,a~~~~~ i~~ ~~ir f ~: 41 a~ r PLACE TION r~- I i ~lr ;t -- I ie ~___. J r- i~ ~F i ~_ Baltic Place Addition CPAM-] 3-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 15 I` t~"`°~~ w~maimra~r I e,D F O~V I a5*aA~ =mxo l SOLUTIONS m,~. w t;a Exhibit A Exhibit A.S: Proposed Landscape Plan (dated: 6/27/13) I i ~ I I u.~qi l:.;I i~Ili~~ II ~~~~~j~E~~~~~k~ 3~ 4 >< ;ere o a° ~ " r~'~ ~~(~y'n~ n~ v( a bs~°$ b$' ~ / 1 ~~ /~~~§~ ~ ~~~~~~ a ~ ~6~51 @j' ~ f~ e I ,,. .,a ro A,., ~« ~ . ~ e ~ E BALTIC PLACE ADDITION ENO/NffR/NO ~~ A~ca+ocr y~apF~pp~ , Q ~ ~ ~ 4 ea¢uwwarutnsc~rerw~ SOLUTIOMSw ..~, _ - .~ e I3al(ic Place Addition CPAM-13-001; R%-13-007; PP-13-015 & MDA-13-013 PAGE I6 Exhibit A Exhibit A.6: Building Photo ti~::~, Baltic Place Addition CI'AM-13-001; R/.-13-007; PP-13-015 Nc MI)A-13-013 I'AGG 17 Exhibit A B. Agency & Department Comments 1. PLANNING DEPARTMENT L 1 Anew Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. The Applicant shall contact the City Attorney's office to initiate this process. The DA shalt be signed by the properly owner and developer and returned to the city within two (2) years of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall generally comply with the preliminary plat and landscape plan included in Exhibit A. b. Future development of the site shall comply with the ordinances in effect at the time of development. a Future development of the site shall be consistent with the design standards in UDC 11-3A- 19and the guidelines in the Meridian Design Manual. 1.2 Site Specific Conditions of Approval 1.2.1 Prior to issuance of a building permit, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application. The proposed development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.2.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and I 1-3A-6B. 1.2.3 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.4 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the I-L zoning district listed in UDC Table I1-2C-3. 1.3.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. 1.3.3 Cornply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 13.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-57. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.3.8 Cornply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Baltic Place Addition CYAM-13-001; IZZ-13-007; PP-13-015 & MDA-13-013 PAGE 18 Exhibit A 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 1 I-3B-13 and UDC I1-3B-14. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.43 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.5 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision h•iangle consistent with the standards in UDC 11- 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 The applicant shall obtain approval fol• all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.5.5 The preliminary plat approval shall be null and void if the applicant faits to either 1) obtain the City Engineer signatw•e on a final plat within two years; or 2) gain approval of a time extension as set forth in UDC 11-68-7. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written cel-tificate of completion as set forth in UDC I 1-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 The sanitary sewer main intended to provide service to this development is existing in S. Baltic Avenue. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Domestic water mains that are intended to provide service to this development are existing to the north in S. Baltic Avenue and in E. Kalispell Street to the southeast. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are Baltic Place Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 19 Exhibit A required to provide service. The development also falls on a domestic water pressure zone boundary, and therefore will be required to install an additional connection to the higher pressure zone in Franklin Road near the Northeast corner of the existing Baltic Place development or install a nressure reducine vault tPRV 1 in Kalispell treet if necessarv to provide adequate fire flow to Lut 2 Block 1. This connection will keep the overall development in a higher pressure zone, thereby providing higher levels of fire protection. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" snap with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for• the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signattire on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 Alt development improvements, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Baltic Place Addition CPAM-13-001; IZZ-13-007; PP-13-015 & MDA-13-013 PAGE 20 Exhibit A 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 R shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shalt be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with the proposed development. Baltic Placc Addition CPAM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 21 Exhibit A 4. FIRE DEPARTMENT 4.1 The proposed project has no Fire Department concerns. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 61 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Extend and terminate S. Baltic Avenue as a standard cul-de-sac street as a 36-foot street section with curb, gutter, 5-foot attached sidewalk and with a minimum turning radius of 55 feet, as proposed. 7.1.2 Construct a standard cul-de-sac on S. Baltic Avenue with a minimum turning radius of 55 feet (measured center to back of curb). 7.1.3 Construct E. Kalispell Street as a standard cul-de-sac street as a 36-foot street section with curb, gutter and 5-foot attached sidewalk and with a minimum turning radius of 55 feet, as proposed. 7.1.4 Construct a 26-foot wide driveway onto the cul-de-sac of S. Baltic Avenue, approximately 400 feet south of E. Franklin Road, as proposed. 7.1.5 Pave the proposed driveway onto S. Baltic Avenue its full width and at least 30 feet into the site beyond the edge of pavement of the roadway. 7.1.6 Construct a 30 foot wide paved drive aisle through the property, providing access between E. Kalispell Street and S. Baltic Avenue, as proposed. 7.1.7 Install gates a minimum of 50-feet away from right-of--way lines from S. Baltic Avenue and E. Kalispell Street, on drive aisle. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 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 ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right- of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's eneineer should provide documentation of ADA compliance to District Development Review staff for tevlew. 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 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. Baltic Place Addition CPAM-13-001; R7-13-007; PP-13-015 & MllA-I3-013 PAGE 22 Exhibit A 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 ACRD 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 ACHD right-of--way. The applicant shall contact ACHD 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 387258 (with file numbers) for details. 7.2.9 All design and constriction 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 authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 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 awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Baltic Place Addition CI'AM-13-001; RZ-13-007; PP-13-015 & MDA-13-013 PAGE 23 Exhibit A C. Required Findings from Unified Development Code f. 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 Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The Council finds that the proposal to modify the Futw~ Land Use Map to allow for industrial uses on this site will be cotpatible with existing and future commercial and industrial uses. c. The proposed amendment is internally consistent with khe Goats, Objectives and Policies of the Comprehensive Plan. The Council finds that the proposed amendtent 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 Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The Council finds the proposed amendment will be compatible with the surrounding existing and future single-commercial and industrial uses. f. The proposed amendment will not burden existing and planned service capabilities. The Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Council finds the proposed industrial development of this property is consistent with 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 VIII and the subject findings above, the Council finds that the proposed amendment is in the best interest of the City. 2. 12EZONE 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 annexation and zoning, the Baltic Place Addition CPAM-13-001; RL-13-007; PP-13-015 & MDA-13-013 PAGE 24 Exhibit A 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 the subject property with an I-L zoning district consistent with the proposed industrial land use designation fol• this site. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). 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 the I-L zoning district and proposed industrial development is generally consistent with the purpose statement of the district consistent with the Comprehensive Plan. 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. City utilities will be extended at the expense of the applicant. The Commission recommends 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 annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 3. PRELIMINARY PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accm•d with the City's capital improvement program; Baltic Place Addition CPAM-13-001; RL-13-007; PP-13-015 & MDA-13-013 PAGE 24 Exhibit A Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council consider all comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACRD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 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