PZ - Staff Report750 E Ustick Rd – AZ H-2018-0061 PAGE 1
STAFF REPORT
Hearing Date: August 2, 2018
TO: Planning and Zoning Commission
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: 750 & 772 E. Ustick Road – AZ (H-2018-0061)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Zina Denny, has submitted an application for annexation and zoning (AZ) of 1.65
acres of land with an R-2 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the requirement of a development
agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of
Law in Exhibit D.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2018-0061, as presented in the staff report for the hearing date of August
2, 2018, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2018-0061, as presented during the hearing on August 2, 2018, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0061 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 site is located at 750 (Parcel #S0531438411) and 772 (Parcel #S0531438457) E. Ustick
Road, in the south ½ of Section 31, Township 4 North, Range 1 East
B. Owners:
Zina Ann Denny
750 E. Ustick Rd.
Meridian, ID 83646
C. Applicant:
Same as Owner
750 E Ustick Rd – AZ H-2018-0061 PAGE 2
D. Representative:
Same as Owner
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation. A public hearing is required before the Planning &
Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 13, 2018
C. Radius notices mailed to properties within 300 feet on: July 6, 2018
D. Applicant posted notice on site(s) on: July 23, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned R1 in Ada
County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned R1 in Ada County
2. East: Rural residential property, zoned RUT in Ada County
3. South: E. Ustick Road and single-family residential properties, zoned R-8
4. West: Rural residential property, zoned R1 in Ada County; and vacant/undeveloped land,
zoned R-4
C. History of Previous Actions: A Record of Survey (#9145) was recorded on March 6, 2012 for the
subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have
any documentation of an approved split resulting in this configuration; therefore, this property is
deemed to be one parcel, eligible for one building permit.
D. Utilities:
1. Location of sewer: A sewer main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road.
2. Location of water: A water main intended to provide service to the subject property currently
exists adjacent to the subject parcel in E. Ustick Road
3. Issues or concerns: The applicant has previously entered into an Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits, and annexation is a
requirement contained in that agreement.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no significant waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low
Density Residential). The LDR designation allows for the development of single-family homes on
750 E Ustick Rd – AZ H-2018-0061 PAGE 3
large lots where urban services are provided. Uses may include single-family homes at gross densities
of three dwelling units or less per acre.
The applicant is not proposing to redevelop the property at this time. The existing single-family
residential use of the property is consistent with the LDR designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the residential districts is to provide
for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are
listed as a permitted use in the R-2 zoning district.
C. Dimensional Standards: Any development on the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Landscaping: Not applicable
E. Off-Street Parking: Not applicable
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning:
The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the
Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits,
recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2,
consistent with the property’s FLUM designation of LDR.
The applicant’s well on the property ran dry earlier this year. The City agreed to extend City
water and sewer service to the property with the stipulation the applicant submit a request for
annexation into the City within 10 business days of approval of the Agreement. The property was
connected to City water and sewer service in May of this year. No new development is proposed
with this application.
Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not
comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as
such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC
11-1B-5, Nonconforming Structure.
Direct access to the subject property is provided from E. Ustick Road via a circle driveway across
both properties. If the property redevelops in the future, access is required to comply with
the standards listed in UDC 11-3A-3, Access to Streets.
As noted in the Section VI.C above, although the Record of Survey (#9145) depicts two parcels,
only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a
building permit. The property would need to be subdivided in order to be eligible for a building
permit on that property.
750 E Ustick Rd – AZ H-2018-0061 PAGE 4
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation
included in this report in Exhibit B, staff recommends a DA is required that contains the
provisions listed in Exhibit B as discussed above.
In summary, Staff recommends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Aerial View of the Property
3. Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits
B. Agency & Department Comments
C. Legal Description and Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
750 E Ustick Rd – AZ H-2018-0061 PAGE 7
A. Drawings
1. Vicinity/Zoning Map
750 E Ustick Rd – AZ H-2018-0061 PAGE 8
Exhibit A.2: Aerial View of the Property
750 E Ustick Rd – AZ H-2018-0061 PAGE 9
Exhibit A.3: Agreement for Extension of Domestic Water and Sewer Service outside Meridian City
Limits
ADA COUNTY RECORDER Christopher D. Rich 2018-047087
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/23/2018 10:25 AM
CITY OF MERIDIAN, IDAHO NO FEE
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 750. Ustick Rd Meridian, ID 83642
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this 21day of /i -q f , 2018,
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Zina Ann
Denny, (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel numbered S0531438411 with an address of 750 E.
Ustick Rd., Meridian, Ada County, Idaho, with a legal description of PAR #8410 @ S SIDE S2, SEC
31 4N 1E, PARCEL 1 R/S 9145 EXC R/W #438410B (hereinafter "Subject Property"), which real
properties are located outside of Meridian City limits;
WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and
maintain a domestic water supply, and to protect the same from contamination, and the City does
exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4,
Meridian City Code;
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a
domestic sewer system, and the City does exercise such authority, including by the adoption and
enforcement of Title 9, Chapter 4, Meridian City Code;
WHEREAS, in or about April, 2017, a roadway project by the Ada County Highway District
ACHD") necessitated disconnection of the septic system from the residence at Subject Property and
disconnection of the private water well at Subject Property for domestic purposes, in turn requiring
User to connect the residence at the Subject Property to the City water and sewer systems;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties
agree as follows:
I. DrrINTIONS.
For purposes of this Agreement, the following words, terms, and phrases shall be defined and
interpreted as provided herein, unless the clear context of the presentation of same requires otherwise:
A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic,
organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City,
Idaho 83714.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 1 OF 8
B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits.
C. "User" shall mean the Zina Ann Denny, the sole owner in law and equity of Subject Property as
of the Effective Date of this Agreement.
D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho.
E. "Parties" shall mean, collectively, City and User.
P. "Subject Property" shall mean the parcel numbered S0531438411 with an address of 750 E.
Ustick Rd, Meridian, Ada County, Idaho and legally described as PAR 48410 @ S SIDE
S2, SEC 31 4N lE, PARCEL 1 R/S 9145 EXC R/W #438410B. As of the Effective Date, the
Subject Property has not been annexed into the City of Meridian and is therefore outside of
Meridian City limits.
II. COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water
services to the Subject Property, subject to the terms and conditions of this Agreement and any
and all applicable laws and City ordinances.
B. Billing. City shall bill User monthly for sewer and water usage according to the metering,
accounting, and billing system in place under Meridian City Code and the policies and practices
of the City of Meridian.
C. Recordation. City shall record this Agreement in the land records of Ada County, Idaho.
III. COMMITMENTS BY USER.
A. Payment for City services. User shall be responsible for fulfilling its obligation to pay to City
any and all costs related to sewer and water infiastructure construction, materials, and
connection, including, but not limited to, hookup, assessment, meter installation, and inspection
fees. Upon connection to the City's sewer and/or water system, User shall pay to City all
applicable fees and costs for sewer and water services provided, including, but not limited to
use fees, as such are calculated and billed by City as set forth herein and established by law or
City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees
and charges shall be appealed to the Board of Appraisers under the procedure set forth in
Meridian City Code. Notwithstanding any other provision of this Agreement, this provision
shall be binding upon User and upon any and all successors in interest of User and/or to the
Subject Property.
B. No cross -connection. User shall abide by and comply with any and all applicable provisions of
law, which shall specifically include, but shall not be limited to, compliance with Chapter 3,
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 8
Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which
prohibit the installation and/or maintenance of a cross -connection to the City's water system.
This provision shall be binding upon User and upon any and all successors in interest of User
and/or to the Subject Property.
C. Consent to annexation. User specifically agrees that, as a specific consideration of City's
willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent
to annexation of the Subject Property into the City of Meridian. This provision shall comprise
evidence of User's consent to annexation as to the Subject Property, and shall be binding upon
all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other
provision of this Agreement, this provision shall be binding upon User and upon any and all
successors in interest of User and/or to the Subject Property.
D. Annexation application. Within ten (10) business days of the approval of this Agreement,
User shall, at User's sole expense, submit an Annexation Application for the Subiect
Property into the City of Meridian. User's Annexation Application shall be a complete
submittal of all City -required documents, exhibits, and fees for requesting annexation into the
corporate boundary that are in effect at the time of application. Such Annexation Application
shall propose zoning designations consistent with the Future Land Use Map designation of the
City's Comprehensive Plan.
E. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the
City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water
pipes, connections, and related infrastructure. Except as to routine meter readings or in the
event of an imminent or realized threat to the public health, safety, or welfare, City shall
provide User at least twenty-four (24) hours prior notice of such entry; such notice may be
verbal or written and may be posted at one (1) of the Subject Property.
IV. GENERAL PROVISIONS.
A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may
serve a written Notice of Default upon the defaulting party by the method set forth herein.
Except in case of an imminent or realized threat to the public health, safety, or welfare, the
defaulting party shall have thirty (30) days following delivery of such notice to cure or correct
the default before the non -defaulting party may seek any remedy as provided herein.
Notwithstanding any other provision of this Agreement, this provision shall be binding upon
the Parties and upon any and all successors in interest thereof.
B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by
either City or User, or any respective successor(s) in interest thereof. An action at law or in
equity, as appropriate, shall lie to secure specific performance of any covenant, agreement,
condition, commitment, and/or obligation set forth herein. In addition, remedies available to
City shall include, but shall not be limited to, termination of sewer and/or water service to User,
to any successor(s) in interest, and/or to any sewer or water user located on the Subject
Property.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 8
C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Zina Ann Denny
750 E. Ustick
Meridian, Idaho 83646
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change, establishing a new address for noticing purposes, in
accordance with the requirements of this section.
D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence
with respect to each and every term, condition, and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach and default hereunder
by the Party so failing to perform.
E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement
shall be binding upon any and all owners of the Subject Property, any and all subsequent
owners thereof, and each and every other person acquiring an interest in the Subject Property.
Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the
Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to
the provisions of this Agreement, and any successive owner or owners shall be both benefited
and bound by the conditions and restrictions herein expressed.
F. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be exised hereflom and the invalidity thereof
shall not affect any other provision or provisions contained herein.
G. 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 fees as determined by such court. This provision
shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any
default, termination, or forfeiture of this Agreement.
H. Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and User relative to the subject matter hereof, and
there are no promises, agreements, conditions, or understandings, either oral or written, express
or implied, between City and User, other than as are stated herein. Except as otherwise
specifically provided herein, no subsequent alteration, amendment, change, or addition to this
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4 OF 8
Agreement shall be binding upon the Parties unless set forth in writing and duly executed by
both Parties or their successors in interest.
I. Non -waiver. Failure of either Party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after either
party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights
and remedies herein enumerated shall be cumulative and none shall exclude any other right or
remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed
by law shall not be to the exclusion of any other remedy.
J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local governments. This
Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining
to the regulation, control, and use of its sewer and water systems, and any prospective
amendments to and/or recodifications thereof, are specifically and without limitation
incorporated into this Agreement as if set forth fully herein.
K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorney or the opportunity to seek such advice.
L. Approval Required: This Agreement shall not become effective or binding until approved by
the City Council of the City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 21"day
USER
M l
Zina Ann Denny:
BY
STATE OF IDAHO
ss
County of Ada )
This record was acknowledged before me on the 2_ day of
2018.
ASHLI CIVIELLO EAOES Ey: Zinj Ann Denny
Notary Public As Individual
State of Idaho
Qary Public for Idaho
My Commission Expires: k,j3\
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AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 5 OF 8
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CITY OF MERIDIAN:
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DAHTammyer , ayor L, C. ay Cols City Clerk
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STATE OF IDAHO )
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County of Ada )
r Z018ENE ,'.• I HEREBY CERTIFY that on this _Zeday of
Q¢%oTAR 7 * before the undersigned, personally appeared TAMMY de ERD and
C.JAY COLES, known or identified to me to be the Mayor and City
U; 3 Clerk, respectively, of the City of Meridian, who executed the instrument
on behalf ofthe City of Meridian, and acknowledged to me that the City
i G .' p of Meridian executed the same.
PUBti1Q`6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed
9.?'E^OF 1..• my official seal the day and year in this certificate first above written.
Notary Public for Idaho
Residing at,Idaho
My Commission Expires:
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 6 OF 8
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Property Details for Parcel S0531438411 and Year 2017
Back to Parcel Search
Parcel: S0531438411
Year: 2017
Primary Owner:
DENNY ZINA ANN
Zone Code: R1
Total Acres: 0.379
Tax Code Area: 242
Instrument Number:
2015117978
Property Description:
PAR #8410 @ S SIDE S2
SEC 31 4N lE
PARCEL 1 R/S 9145 EXC R/W
438410B
Address: 750 E USTICK RD MERIDIAN , ID 83646
Subdivision: 4N lE 31
Land Group Type: SECT
Township/Range/Section: 4N1E31
Valuation Details
Role SCC
Property 120 RESIDENTIAL TRACT
Property 340 RES IMPROVEMENT
Valuation History
Year Value
2017 $147,600
2016 $138,000
2015 $130,700
Acreage Assessed
Value
0.379 $69,600
0.0 $78,000
Tax Districts
Tax
Levy Description
District
1 0.002953537 ADA COUNTY
2 0.000131285 PEST EXTERMINATION
3 0.000146049 EMERGENCY MEDICAL
6 0.000923828 ADA COUNTY HIGHWAY DIST
8 0.003773321 SCHOOL DISTRICT NO. 2
12 0.000525937 MERIDIAN LIBRARY
24 0.000051486 MERIDIAN CEMETERY
30 0.002012556 MERIDIAN FIRE
43 0.000028307 MOSQUITO ABATEMENT
46 0.000080141 WESTERN ADA RECREATION
100 0.000153551 COLLEGE OF WESTERN IDAHO
Total Levy: 0.010779998000000002
Taxes, Certifications, and Fees
Year Total Taxes Taxes Paid Taxes Due
2017 $1,591.14 $1,591.14 $0.00
Valuation
Code Area
Method
MARKET 242
COST 242
Phone
208-287-7000
208-577-4646
208-287-2962
208-387-6123
208-855-4500
208-888-4451
208-376-3929
208-888-1234
208-577-4646
208-887-1730
208-562-3295
Delinquent Tax Data
Current as of
No 05/14/2018
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750 E Ustick Rd – AZ H-2018-0061 PAGE 10
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS
1. PLANNING DIVISION
1.1 Annexation & Zoning Comments
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a.The property owner shall comply with the standards for nonconforming structures listed in
UDC 11-1B-5. The nonconformity of the structure is due to the structure not meeting the
minimum front setback requirement of UDC Table 11-2A-4 due to the widening of E. Ustick
Road and the additional right-of-way needed for the expansion.
b.Access to the property via E. Ustick Road is required to comply with the standards listed in
UDC 11-3A-3, Access to Streets, upon redevelopment of the property.
c.The property owner is required to comply with the terms of the Agreement for Extension of
Domestic Water and Sewer Service outside Meridian City Limits recorded as Instrument No.
2018-047087 attached in Exhibit A.3.
d. The property at 772 E. Ustick Rd. (Parcel #S0531438457) is not eligible for a building permit
unless a subdivision application creating a legal lot is approved by the City and a final plat is
recorded.
e.Any existing domestic well system within this property 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.
f.Any existing septic systems within this property 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. POLICE DEPARTMENT
2.1 The Police Department has no comments on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
4. ADA COUNTY HIGHWAY DISTRICT (ACHD)
No comments were submitted from Ada County Highway District on this application.
5. PARKS DEPARTMENT
5.1 The Park’s Department has no comments on this application.
750 E Ustick Rd – AZ H-2018-0061 PAGE 11
6. IDAHO TRANSPORTATION DEPARTMENT (ITD)
7. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
7.1 NMID has no comments on this application.
750 E Ustick Rd – AZ H-2018-0061 PAGE 12
C. Legal Description & Exhibit Map for Annexation Boundary
750 E Ustick Rd – AZ H-2018-0061 PAGE 13
750 E Ustick Rd – AZ H-2018-0061 PAGE 14
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, 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 annex the subject 1.65 acre property with an R-2 zoning
district consistent with the LDR FLUM designation for this property. Staff finds that the
proposed map amendment and residential use complies with the provisions of the
Comprehensive Plan and should be compatible with the adjacent residential uses (see section
VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the proposed map amendment to the R-2 zoning district is consistent with the
purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities have been extended to the property at the expense of
the applicant. Staff recommends that the Commission and 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,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Staff finds annexing this property with an R-2 zoning district is in the best interest of the
City.