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HomeMy WebLinkAboutStrada Bellissima Sub AZ PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 27 BOISE IDAHO 04/27/06 02:02 PM ~~~~~òE~:a~M~~:f OF 1111111111111111111111111111111111111 Meridian City 106064913 --. .--- DEVELOPMENT AGREEMENT City of Meridian Strada Bellissima, LLC, Owner/Developer THIS ÆEVELOP~ AGREEMENT (this "Agreement"), is made and entered into this I?- - day of - ¡I., 2006, by and between City of Meridian, a municipal corporation of the State ofIdaho, hereafter called "CITY', and Strada Bellissima, LLC, whose address is 9560 W. Pebble Brook Lane, Garden City, Idaho 83714 hereinafter called "OWNERJDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERIDEVELOPER" 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, I. C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OwnerlDeveloper" make a written commitment concerning the use or development ofthe subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" 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 DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL PAGE 1 OF 10 1.6 1.7 1.8 1.9 1.10 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, 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 WHEREAS, City Council, the 4th day of April, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNERIDEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions 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 adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTPARCEL PAGE 2 OF 10 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 3.2 3.3 "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 ofIdaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Strada Bellissima, whose address is 9560 Pebble Brook Lane, Garden City, Idaho 83714, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (G) which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the L-O zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-002 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has submitted to "City" an application for conditional use permit site plan dated December 13, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTP ARCEL PAGE 3 OF 10 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP IPD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. No direct access to Victory Road shall be allowed. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "OwnerlDeveloper" or "OwnerslDevelopers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subj ect Property" of this agreement within two years of the date this Agreement is effective, and after the DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL PAGE 4 OF 10 "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerlDeveloper" and ifthe "OwnerlDeveloper" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" 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 ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 In the event "OwnerlDeveloper", "OwnerlDeveloper'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 modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "OwnerlDeveloper" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "OwnerlDeveloper's" cost, and submit proof of such recording to "OwnerlDeveloper", prior DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL PAGE 5 OF 10 to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction 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. 13.1 13.2 In the event of a material breach ofthis Agreement, the parties agree that "City" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. 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 § 12-5-3, to insure that installation ofthe improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLTSSIMA SUBDIVISION OUTP ARCEL PAGE 6 OF 10 15. CER TIFI CA TE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees to abide by all ordinances ofthe 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 of the City of Meridian. 17. 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: OWNERIDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Strada Bellissima, LLC 9560 Pebble Brook Lane Garden City, ID 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 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. 18. 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 DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL PAGE 7 OF 10 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, termination or forfeiture ofthis Agreement. 19. 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 of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. 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 be binding on the "OwnerlDeveloper" 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 "OwnerlDeveloper", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "OwnerlDeveloper" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeveloper" 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". No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL 22.1 PAGE 8 OF 10 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: STRADA BE LISSIMA, LLC By: RICHÂR.}:j 6="VA\'l5) {Jt.£5IÒE.A.Jí of EIIAAlS CoA./Síf(tA¿:no,J AAAA,./A6€AEN'T" Ú',6fA4-Vy I A AG"qt3€~ 01=" :ST.<AóA 1!? é Ul í S I ;#'fA ¿.. ¿, c.. CITY OF MERIDIAN Attest: ~--7{i¡;¡i-t¿~ cf BY: MAYOR TA de WEERD 4-/~p6 DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLlSSIMA SUBDIVISION OUTP ARCEL PAGE 9 OF 10 STATE OF IDAHO, ) : ss: County of Ada, ) On this / ;l"~ day of ,4 (Jd IL , 2006, before me, the undersigned, a Notary Public in and for said State, personallv appeared æ. \ C. ¡..l R. ð. r;: , kn .d .f¡ d b h PItUIOliiA>T (){: EV,¡(. ¡,X,TIOAJ . . own or I entl Ie to me to e t e MAv. of Strada BelhssIma, LLC who signed the instrument, and acknowledged to me that he executed the same on behalf of said corporation. STATE OF IDAHO) : ss County of Ada ) On this 'ß'th day of Þco("~' ,2006, before me, aNotary Public, personally appeared Tammy de W~erg, Jr., 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 certifiC~OYe written ........... ... ~~~_A1. .... - ~ .. ~..~ 0 ..;,~~~?~~. ()\ 0 a \l ') . .. );' .(- \~. (SEAr: ,/ - '<1~ \~~ Notary Public for Idaho : f ~ :OZ: Residing at: Crl1lÌ u tl ,\ , U) ~ \ ; : Commission expires: "c-\ \ -l , ..., \~ '. .~ ' " . .~~~, IC ,/ .. DEVELOP~~~;NT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL PAGE 10 OF 10 Legal Description ^ pm:eJ ofJand located in the Southcast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows; Commencing at an aluminum cap monument marking the southeast comer of said Section 24; thence along the South line of said Section 24 (also being the centerline ofW. Victory Road) N89"20'S2"W a distance of213.69 feet to a point of curvature ftom which an aluminum cap monument marking the southwest corner of the Southeast 1/4 of said Southeast 1/4 bears N89°20'S2"Wa disl.ance of 1106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the arc of a 200.00 foot radius curve: 10 the right having a length of 137.23 feet, a central angle of39°J8'48" and a long chord of 134.5 S feet bearing N69°41 . 2S"Wcst to a poiDt of tangency; thence N49°37'30.'Wa distance of 41.65 feet to a 5/8 inch iron rod; thence N49°32'SOWW a distance of 16.41 feet to a 5/8 inch iron rod marking the POINT OF BEGrNNING; Thence continuing along said ccntcrHne ofW. Victory Road and the arc of a 319.41 foot radius curve to the left having a length of 113.32 feet, a centra! angle of20019'39" and a long chord of 112.73 feet bearingN56°41"35"W to a point of cusp marked by a S/8 inch iron rod on the boundary line oCStrada Bellissima Subdivision No. I as shown on the plat thereof, recorded in Book 93 at pages 11265 through] 1268 oCplats, Ada County, Idaho; thence leaving said centerline and along said boundary line Nooo43'lS"E a distance of 13.24 feet to a S/8 inch iron rod: thence S89°4T 1 9"E a distance of 189.78 feet to a 5/8 ineb iron rod; thence S05836.09'W a distance of 56.62 to a S/8 inch iron rod; thence: S2golO'13"W a distance 000.42 feet to a 5/8 inch iron rod¡ thence S56°12'13"W a distance of92.17 Ccello the POINT OF BEGINNING. Said parcel contains 18.897 sq. ft. or 0.43 acres more or less and. is subject to any and all easements and/or rights.oC-ways of record or implied. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED MAR 3 1 2006 City Of Meridian ~erk Office ~rl dlln'f; , '\ \,;.. IlJ.\HO J '~. ¿, :!~.:t't<t " . J ~I~'.Y., .,!; In the Matter of Annexation and Zoning of .43 acres from RUT to L-O (Limited Office) by Strada Bellissima, LLC. Case No(s). AZ-06-002 For the City Council Hearing Date of: April 4, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April4, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.O6.002. PAGE 1 of3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditio~ of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plamùng Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of April 4, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11~5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of April 4, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pennit 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 conceI1Úng 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, pursuant to Idaho Code § 67 w6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval 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. E. Attached: Staff Report for the hearing date of April 4, 2006 ~~ By action of the City Council at its regular meeting held on the ~rt ( , 2006. day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-O6-002- PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED ¡¡1;~ VOTED ~ VOTED~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYORTAMMYde~ERD - VOTED de WEERD ATTEST: Dated: 4..u ..oll CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-002- PAGE 3 on CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF APRIL 4, 2006 STAFF REPORT City Council Hearing Hearing Date: 4/412006 Mayor and City Council Josh Wilson, Associate City Planner Strada Bellissima Outparcel . AZ-06wO02 ctfo;;di~\ I I. ,.c.' , , . U...,.O j ~~ ¿" ".!:t" '. ,'!.- r -"-f.~.I""""",~.,.u.; ""1;1 TO: FROM: SUBJECT: Annexation and Zoning of .43 acres &om RUT to L-O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Strada BeHissima, LLC, has applied for Annexation and Zoning (AZ) of .43 acres fÌ'om RUT (Ada County) to L-O (Limited Office). The site is sutTOunded on three sides by land zoned as L-Q which was approved with Strada Bellissima Subdivision, and the annexation and development of this property will complete the proposed office development which was conceptually presented with the subdivision approval. The site is located at 3015 S. Meridian Road, near the intersection of S. Meridian Road (SA 69) and Victory Road, 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the public hearing they moved to recommend approval. 3. Summary of Public Hearing: i. In favor: Chris Hobbs ii. In opposition: None Hi. Commenting: None iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(8) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering aU staff, applicant and public testimony, I move to approve File Number AZ- 06-002 as presented in the staff report for the hearing date of April 4, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Number AZ-06- 002 as presented in the staff report for the hearing date of April 4, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance Strada Bellissima Outparcel AZ-06.002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should stare specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3015 S. Meridian Road Section 24, T3N RI W b. Owners: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 c. Applicant: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 d. Representative: Chris Hobbs, Pinnacle Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential 5. PROCESS FACTS a. The subject application will in fact constitute an aDIlexation as determined by City Ordinance. By reason of the provisions of UDC 11-5B- 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27,2006 d. Radius notices mailed to properties within 300 feet on: February 8,2006 e. Applicant posted notice on site by: February 20, 2006 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Smrounding Area: Approved as part of Strada Bellissima Subdivision for office uses along Meridian Road, with a single family residential development on the remainder of the property. c. Adjacent Land Use and Zoning 1. North: Strada Bellissima Subdivision, zoned L-O. 2. East: Strada Bellissima Subdivision, zoned L-O. 3. South: Rural properties, zoned RUT (Ada County). 4. West: Strada Bellissima Subdivision, zoned L.O. d. History of Previous Actions: None. Strada B~llissima Outparcel AZ-06-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF APRIL 4,2006 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced through Strada Bellisima #1. Location of water: Already serviced through Strada Bellisima #1. Issues or concerns: None. 2. Vegetation: None. 3. Floodplain: NA 4. CanalslDitches Inigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L-O 7. Size of Property: .43 acres g. Landscaping 1. Width of street buffer(s): 25 feet on Victory Road. 2. Width ofbuffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Other landscaping standards: NA h. Proposed and Required Non-Residential Setbacks: per the L-O zone 1-0 Standard Front 20 feet Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from an existing public roadway (W. Galvani Drive) and commercial drive aisles within Strada Bellissima Subdivision. 7. COMMENTS MEETING On February 10, 2005 Plamùng Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Depanment, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exmbit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated 'Low Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City approved Resolution No. 04-0454, which amended Chapter VIT, Section 1, of the Comprehensive Plan to include the following lallguage: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. II In this instance, no Strada BellissÎma Outparcel AZ-O6-002 PAGE 3 ..-.. CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 ancillary commercial uses shall be pennitted." Staff finds that the subject property has frontage on an arterial street, Victory Road, and is less than 3 acres in size (.43 acres). According to Resolution No. 04- 0454, the subject parcel is eligible for an office use/zone, jf the CoInnÚssion and Council fInd the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . Require that development projects have planned for the provision of all public services (Chapter VII, Goal Ill, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation, . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety o/uses in this area. . Provide for non.exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through the Comprehensive Plan text amendment. The office uses will have a low-impact on the Strada Bellissima Outparcel AZ-06-002 PAGE 4 ..n.. ._". CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF APRIL 4, 2006 surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from W. Galvani Drive, and will not disrupt the nature or character o/the neighborhood. Staff finds that the proposed 1-0 zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists personal and professional services as a Pemútted Use in the L-O zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the commUlÚty in accord with the Meridian Comprehensive Plan. P our Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. Please see Exhibit D for detailed analysis of facts and fmdings. Soecial Considerations: Victory Road Access: Per the applicant's conceptual site plan, no direct lot access to Victory Road shall be allowed. This will minimize traffic interference and impact on Victory Road. The annexation legal description submitted with the application (prepared on December 12, 2005 by Stephen Lee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the develeper. The applicant shall contact the Citv Attornev. Bill Narv. at 888-4433 to initiate this process within 18 months of City Council aooroval of the annexation reQuest. The DA shall incorperate the following: . All future uses shall not involve uses, activities, processes, materials, equipment and conditiens of operation that will be detrimental to any persens, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . All future development of the subject property shall be constructed in accordance with City' of Meridian ordinances in effect at the time of development. . The applicant will be responsible for all costs associated with the sewer and water service extension. . Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape ùrigation. . No. direct lot access to Victory Road shall be allowed. b. Staff Reconunendation: Staff reconunends approval of AZ-O6-002 for Strada Bellissima Outparcel as presented in the staff report for the hearing date of April 4, 2006 based on the Strada Bellissima OutparceJ AZ-O6-002 PAGES -. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 Findings of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this reconunendation. 11. EXHIBITS A. Drawings 1. Conceptual Site Plan (dated: December 13, 2005) B. Approval Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Strada Bcllíssima Outparcel AZ-O6-002 PAGE 6 CITY Of' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAlUNG DATE OF APRIL 4, 2006 A. Drawings 1. Conceptual Site Plan (dated: December 13, 2005) ~ i I ì l!i! I Ii .ì i i I i i .---nf I j i í j I i i I i I ~- i f I ~ ,/ " ; ,/ / I .' I I , I , I I I I , I I I I I J ~-. - ....-..........--...----.....-- Exhibit A -----"' -, .,-.-- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the aIltlexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The aDDlicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process within 18 months of Citv Council aDoroval of the annexation reauest. The DA shall incorporate the following; . All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . The applicant will be responsible for all costs associated with the sewer and water service extension. . Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . No direct lot access to Victory Road shall be allowed. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this annexation. All comments will be reserved for during the plan review process for any proposed development. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the f1fe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street wlúch does not have addres5es on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fmish grade. g. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. All conunon driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Operational f1fe hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit B -. ----,.- - --._n CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF APRIL 4,2006 10. Building setbacks shall be per the International Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 12. Commercial and office occupancies will require a fU'e~f1ow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 13. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 14. Maintain a separation of 5' from the building to the dumpster enclosure. 15. Provide a KnoJ( box entry system for the complex prior to occupancy. 16. The first digit of the Apartment/Office Suite shall correspond to the floor level. 17. The applicant shall work. with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection( s). 18. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 19. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 20. Provide exterior egress lighting as required by the International Building & Fire Codes. 21. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measW'ed by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall he 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 ill). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 ill). 22. There shall be a fire hydrant within 100' of all Fire Department connections. 23. Buildings over 30' in height are required to have access roads in accordance with Appendix D SectionDl05. 24. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 25. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of ftre apparatus access for each strocture. (Remoteness Required) 4. POLICE DEPARTMENT 1. The Police Department has no concerns with the site design as submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11.3B~1O) will be followed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and subnút stamped (approved) plans with your certificate of zoning compliance application. 7. ADACOUNTYHIGHWAYÐISTRICT 1. No conunents received. Exhibit B --"'-~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 C. Legal Description A parcel of land located in the Southeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows~ Commencing at an aluminum cap monument marking the southeast comer of said Section 24; thence atong the South line of said Section 24 (also being the centerline Dew. Victory Road) N89"20'52"W a distance of 213.69 feet to a point of curvature ftom which an aluminum cap monument marking the southwest comer of the Southeast 1/4 of said Southeast 1/4 bears N89°20'52"W a distance of 1 106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the arc of a 200.00 foot radius curve to the right baving a length of ]37.23 feet. a centnd angle of 39°18'48" and a loog chord of 134.55 feet bearing N69°4\ '28"Wcsr to a point oftangcncy; thence N49°37'30.W a distance of41.65 feet to a 5/8 incb iron rod; thence N49°32'50"W a distance of 16.41 feet to a 5/8 inch iron rod marking the POINT OF BEGINNING; Thence continuing along said centerline ofW. Victory Road and the arc of a 319.41 foot radius curve to the left having a length of J 13.32 feet, a central Ingle of 20°19'39" and a Ion¡ çhordoflI2.73 feet bearing NS6°41 '3S"W to a point of cusp marked by a 5/8 inch Î.roII rod on the boundary line of Suada Bellissima Subdivision No.1 as shown on the plat thereof, recorded in Book 93 at pages 11265 through 11268 of plats, Ada County, Idaho; thence leaVÚ1g said centerline and wong said boundary line NOO"43' I B"E a distance of 73.24 feet to a 5/8 inch iron rod; thence S89°47'19"E a distance of 189.78 fcetto a 5/8 inch iron rod; thence SOso36'O9"W a distance of 56.62 to a S/8 inch iron rod; thence S28°IO'13"W a distance of 30.42 feet to a 5/8 incb iron rod; thence S56°12' n'w a distance of92.17 feet to the POINT OF BEGINNING. Said parcel contains 18,897 sq. ft. or 0.43 acres more or less end is subject to any and all castments and/or rights-of.ways of record or implied. C'O46I~ 09 "miD: L&lAL IIlI:!O'J .rLdo< Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 EXHIBIT uB" ANNEXATION OF A PORTION or THK SEl/4 OF THE SB I,. or UC1TON u TOlINSBIP a NORTH. IWIGB 1 Wti"I', OISE MERIDIAN cm OF WERWIAN, ADA COtJll/TY, mAliO 2005 ãl8 -N ~= 01 ~! S89.47'19"r 189.7B' §= r-----------------l ¡:¡13 l'!' ~/. 3~ 001. g,[¡/ III,.¡ ~/~ 18,897 sq. ft. "~ i CI> ¡ ~ :0,43 acres if ~ 2' . t- <'" ~'<1.~oþ ...~.-p- <~"",p~... ~;'>""""""-{P~",- ... ~" ... ...~'" " STRADA 8EWSSlUA SUBOMSION BOOK 93. PAGES 11265-11288 ZCO Q~ 111~ ~~ 01 mttl ~~ ~: fII"" 111'~ ~o.: i: "'m "\~~ .~~,1 ~0 .,~ 25,09' N49'J2'50"W ~ N49'37'JO"W 16.41 ?C:>~"-n 41.65' Ii')-~ <"", ~O ... <I' '-!'%%"¡i'J' -i'. If.ð ~ b~~{æOo.oo' ~(.7.r""55' 19 æ- v"-- . - - .I.!£!;~C-. - _. - - . - -~~ 24- N89.20'52"W 1320.10. 25 I 30 N89LO '52 Î1I 213.69' Ç.P.&F. 91+9709 I~ I~ /i ¡tri EI/16 COR SECTION 24 C.P.&,. 9018193 LEGEND -- SECTIO~ LlN( BOUNDARY UNE ROAO CENTER LINE ,OO~D AI.UMINUM CÞP fOUND 5/S" RE&\R AS SHOWN fOUND BRASS CÞP ITO RIGHT-OF-WAY MONUMENT CAlC MINT (NOTHING $(1') ------- ----- ~ Ii! : I ¡¡- Ii S i:! I 0 0 0 0 P.D.B. PO,NT OF' SEGINNING STRADA BELLfSSIMA OUT PARCEL ~ ........- '-"""'C><.-.,..,<=>.... E""""'_,'" "T"........ .8O""8OS""..... ...... Exhibit C --'----~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006 D. Required Findings from Zoning Ordinance 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 and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L-O. City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plant. Please see Comprehensive Plan Policies and Goals, Section 8, of the StatIReport, The map amendment complies with the regulations outUned for the proposed district, specifically the purpose statement; City Council finds that personal and professional service uses are allowed within the requested zoning district ofL-O as a Principally Permitted Use. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health. safety, or welfare, The map amendment shall not result in aD advene impact upon the delivery of services by any political subdivision providing public services within the City including, but not lindted to, school districts; and, City Council fmds 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. The annexation is in the best ofinterest or the City (UDC 11-5ß-3.E). Exhibit D 2. 3. 4. 5. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above. City Council finds that Annexation and Zonine: of this orQoertv to L-O would be in the best interest of the City.