HomeMy WebLinkAboutTaylor Annexation H-2023-0062 ADA COUNTY RECORDER Trent Tripple 2024-063344
BOISE IDAHO Pgs=25 BONNIE OBERBILLIG 11/07/2024 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Robert Taylors Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
/ 6thday of November ,2024,by and between City of Meridian,a municipal corporation
of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Robert Taylor, whose address is 3840 E. Overland Road, Meridian, ID, 83642,
hereinafter called OWNER/DEVELOPER.
l. Se
1.1 WHEREAS, Owner is the sole owner, in lawand/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A," 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 WHERE,AS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Ownerand/or Developer
make a written commitment concerning the use or development of the subject
Property; d
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5 -3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexationand/or rezoning of land, and
1.4 WHEREAS, O er eveloper have submitted an application for annexation
d zoning of 1.01 acres of land with a request for the - (Low-Density
Residential)zoning district on the property as shown in Exhibit"A"under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will bemade; and
1.5 WHEREAS, Owner/Developer ade representations at the public hearings
before Planning d Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will bemade; and .
1.6 V4WREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning o ission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
1.7 V41EREAS,on the 7 h day of May,2024,the Meridian City Council approved
certain Findings of Pact and Conclusions of Law and Decision and Order
("Findings"),which have been incorporated into this Agreement and attached
as Exhibit" "; and
DEVELOPMENT AGREEMENT--`rAYLOR ANNEXATION( -2023-0062) PAGE 1 Or 7
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem 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 request; 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 of the 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 zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
193 2019,Resolution No. 19-2179, and the UDC, Title 11.
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.
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 to Robert Taylor,whose address
is 3840 E. Overland Road, Meridian, Idaho, 83642, hereinafter called
OWNER/DEVELOPER, the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and 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
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 2 OF 7
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Prior to any change in use or redevelopment of the subject property,a rezone to a
commercial and/or a higher density residential zoning district and a modification
to this agreement shall be requested to include a conceptual development plan
consistent with the Mix-Use Regional Future Land Use Map(FLUM)designation
and guidelines in the Comprehensive Plan.
b. Future development of this site shall be consistent with the applicable standards in
the City of Meridian's Unified Development Code.
c. As a result of the nonconformity to the existing home due to the off-street parking
requirements in UDC 11-3C-6, the Owner/Developer is required to apply for a
Conditional Use Permit for any future expansions on the property or attain
compliance by constructing a new two-car garage.
d. The Owner/Developer shall submit a dedicated easement for the future pathway
along the north side of the Fivemile Creek for the length of the property to the City.
Easements shall be a minimum of 14' wide (10' wide pathway + 2' shoulder on
each side)
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6)
months after the date of the Findings,the City may,at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/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/Developer shall 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
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
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-651IA, have the right, but not
DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 3 OF 7
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either 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.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any 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 this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning 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.
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 the
UDC, to insure the installation of required improvements, which the Owner/Developer agree 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,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 4 OF 7
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E.Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Robert Taylor
3 840 E. Overland Rd.
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,termination 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 of the 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 be binding
on the Owner/Developer, 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 and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
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 of the other provisions contained herein.
DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 5 OF 7
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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
22. 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.
22.1 No condition governing the uses and/or conditions governing rezoning 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.
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.
[end of text;acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Robert Taylor
STATE OF IDAHO )
ss:
County of Ada )
On this 4 day of Odobkf,2024,before me,the undersigned,a Notary Public in and for said State,
personally appeared Robert Taylor,known or identified to me to be the person who signed above and acknowledged to
me that he 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. C
C J�C��II 11
SF-4� ZENSKI Notary Public
E
r�PubtfV State of Idaho
ission Number 20211516 My Commission Expires: r ission Expires Mar 26, 2027
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk11-6-2024
STATE OF IDAHO )
ss
County of Ada )
On this 6th day of November 2024, before me, a Notary Public, personally appeared Robert E.
Sim ison and Chris Johnson,known 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.
(SEAL) Notary Public for Idaho
3-28-2028
My Commission Expires:
DEVELOPMENT AGREEMENT—TAYLOR ANNEXATION(H-2023-0062) PAGE 7 OF 7
EXHIBIT A
GENTURIO
1' CENTURION ENGINEERS, INC.
Consulting Engineers, Land Surveyors, Planners
2323 S. Vista Ave Ste 206 Boise, ID 83705
Telephone 208.343.3381 1 www.centengr.com
4VCINEE'��
Annexation & Zone Land Description For:
Robert Taylor
December 27, 2023
Lot 3, Block 2 of Jewell Subdivision as shown in Book 34 of Plats at Pages 2056 &2057
records, Ada County, Idaho and adjoining right-of-way. Situate in the Southeast Quarter of the
Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho being more particularly described as follows:
Commencing at the south quarter corner of said Section 16; thence S89059'45"W, 483.11 feet
along the southerly boundary of the southwest quarter of said Section 16 to the Point of
Beginning;
Thence N00°00'00"E, 439.85 feet along the easterly boundary of said Lot 3 (as extended
to the southerly boundary of the southeast quarter of the southwest quarter) to the
northeast corner of said Lot 3;
Thence N90000'00"W, 100 feet along the northerly boundary of said Lot 3 to the
northwest corner of said lot 3;
Thence S00°00'00"E, 439.86 feet along the westerly boundary of said Lot 3 (as
extended to the southerly boundary of the southeast quarter of the southwest quarter) to
a point which bears N89059'45"E, 749.26 feet from the southwest corner of the
southeast quarter of the southwest quarter of said Section 16 and which point also bears
S89°59'15"E, 1,332.50 feet from the southwest section corner of said Section 16;
Thence N89°59'45"E, 100.00 feet to the Point of Beginning.
Containing 1.01 acres, more or less.
This description was prepared from information of record in the office of the Ada County,
recorder. Jewell Subdivision Book 34, Pages 2056 & 2057 and Record of Survey No. 8191. A
new land survey was not performed.
The basis of bearing for this description is said Jewell Subdivision.
Ap
IS E
4116
9jE d F►Opp
��pyD.CAt����
Annexation Description
Sketch
Notes N90'00'00"W 100.00'
1. This sketch was prepared
from information of record
in the office of the Ada
County, recorder. Jewell
Subdivision Book 34, Pages
2056 & 2057. Record of
Survey No. 8191. A new
land survey was not — —
performed. 3. 0 3
(D 3 a�
2. The basis of bearing for ^ , SCALE: 1"=80'
this sketch is said Jewell o o u7 O o o
Subdivision. Y m � cv 0 �
o o m
co
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Fn CDU O L N N cn O
j CV O] '— O U � cV
N > N Q c V 1 N
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tD
M
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W o LAN
0
0 o t� j
o �
o z
c' 4116
za
vb r4"1 of IC���S�
Southwest Sec ion South Quarter
1 116 Corner 1/16 th Corner N89'59'45"E 100.00' Corner 16
20 21 21
S89'59'15"E 1,332.50' N89'59'45"E 749.26' West Overland Road S89'59'45"W 483.11
Gvyt'Ukro Lot 3, Block 2 of Jewell Subdivision as shown in Book 34 of Plats at Pages 2056
0 /02 N & 2057 records, Ada County, Idaho. Situate in the Southeast Quarter of the
CENTURION ENGINEERS. INC. Southwest Quarter of Section 16, Township 3N., Range 1 E., Boise Meridian, Ada
Consulting Engineers,Land Surveyors,Planners County, Idaho
2323 S.Vista Ave.Ste.206 l Boise,ID 83705
208.343.3381 l www.centengr.com Date: December 27, 2023
Fiy Drawn By: D.A. Crawford
Job Number: TR07
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy
AND DECISION & ORDER
In the Matter of the Request for Annexation 1.01 acres of land with an R-2 zoning district for
the purpose of complying with the terms outlined in the consent to annex agreement for the
existing home that is already connected to City utilities, by Robert Taylor.
Case No(s). H-2023-0062
For the City Council Hearing Date of: April 23, 2024 (Findings on May 7, 2024)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of April 23, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 23, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 23,2024, 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 as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
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
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 23,2024, 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:
1. The applicant's request for annexation is hereby approved per the conditions of approval in the
Staff Report for the hearing date of April 23,2024, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
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 six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of April 23, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -2-
By action of the City Council at its regular meeting held on the 7th day of May ,
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
(Z�
Mayor Robert E. Simi on
5-7-2024
Attest:
Chris Johnso
City Clerk 5-7-2024
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&wW" Dated: 5-7-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -3-
STAFF REPORT
E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O
HEARING April 23,2024 Legend
DATE: - -- ---- -----
ElProject Location
C�
TO: Mayor&City Council a
FROM: Stacy Hersh,Associate Planner
208-884-5533 e
F�J
SUBJECT: Taylor Annexation AZ -
H-2023-0062 -
-E;gh' 7 --E-0 RLAND, ------
LOCATION: 3840 E. Overland Road in the Southeast
1/4 of the Southwest 1/4 of Section 16, ��
Township 3N,Range lE(Parcel
—),/
#R4626240475)
I. PROJECT DESCRIPTION
Annexation of 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms
outlined in the consent to annex agreement for the existing home that is already connected to City utilities.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.01 acres Annexation
Future Land Use Designation Mixed Use Regional(MU-R)
Existing Land Use No change,continue existing single-family residential use
Proposed Land Use(s) Single-Family detached residential
Current Zoning Single-Family residential zone(RI)in Ada County
Proposed Zoning R-2(Low Density Residential)
Lots(#and type;bldg/common) 1 building lot
Phasing plan(#of phases) N/A
Number of Residential Units(type N/A
of units)
Neighborhood meeting date 08/24/2023
B. Community Metrics
Description I Details Page
Ada County Highway
District
• Staff report No
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing Existing curb,gutter,and sidewalk.
Conditions
• C1P/IFYWP PROJECT:
South Meridian Improvements 6-
Overland Rd and Eagle Rd
Project Description:
Widen intersection to 7-lanes on Eagle Rd and
9-lanes on Overland Rd as per the 2020 CIP.
Project to be done in coordination with the
Idaho Transportation Department.
Project Manager: choman -Cady Haman
Design Year: 2025
Right-of-Way Year: Future
Construction Year: FUT
Project#: IN218-04
Access(Arterial/Collectors/State Overland Road is classified as a principal arterial roadway.
H /Local)(Existin and Proposed)
Proposed Road Improvements None
Fire Service No comments received
Police Service No comments received.
Wastewater
• Distance to Sewer Services No changes in public sewer infrastructure shown in record. Any changes must
be approved by Public Works.
• Sewer Shed
• Estimated Project Sewer
ERU's
• WRRF Declining Balance
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns None
Water
• Distance to Services Water available at site.
• Pressure Zone 4
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns None
C. Project Maps
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III. APPLICANT INFORMATION
A. Applicant:
Robert Taylor, Owner—3840 E. Overland Road,Meridian,ID 83642
B. Owner:
Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification 4/3/2024
published in newspaper 2/5/2024
Radius notification mailed to 4/5/2024
property owners within 500 feet 3/l/2024
Public hearing notice sign posted 4/11/2024
on site 3/10/2024
Nextdoor posting 3/4/2024 4/3/2024
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE:This property is designated as Mixed Use Regional(MU-R) on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan.
The purpose of this designation is to provide a mix of employment,retail,and residential dwellings and
public uses near major arterial intersections. The intent is to integrate a variety of uses together,including
residential,and to avoid predominantly single-use developments such as a regional retail center with only
restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw
with the appropriate supporting uses. For example, an employment center should have supporting retail uses;
a retail center should have supporting residential uses as well as supportive neighborhood and community
services. The standards for the MU-R designation provide an incentive for larger public and quasi-public
uses where they provide a meaningful and appropriate mix to the development. The developments are
encouraged to be designed consistent with the conceptual MU-R plan depicted.
Due to the presence of an existing home on this property with the intention to maintain its residential use,an
R-2 zoning district is requested as a"placeholder"zoning district until the property redevelops in the future.
Opting for a zoning district within the Mixed-Use Regional(MU-R)designation would create a non-
conforming use. For example, a single-family residential dwelling on an acre is not a permitted use in a
commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district,
which is not preferred. Prior to re-development,a rezone should be requested and development proposed
consistent with the Commercial FLUM designation.
COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciiy.or /g compplan):
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle
preferences. (2.01.01)
The Plan aims to integrate mixed-use by incorporating a variety of uses, including residential.
Residential uses should comprise a minimum of 10%of the development area, with gross densities
ranging from 6 to 40 units/acre. The current application seeks annexation of the property into the City to
comply with the terms outlined in the consent to annex agreement,particularly due to the existing home
already connected to City utilities. Specifics regarding the housing types and density will be addressed
with future development. Given that the residential would be in a mixed-use center and at a higher
density, it would likely lead to diversity in housing satisfying this goal.
• "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval,and in accord with any adopted levels of service for public
facilities and services."(3.03.03F)
City water and sewer service is available and the existing home is already connected to City utilities in
accordance with UDC 11-3A-21.
• "Support infill development that does not negatively impact the abutting,existing development.Infill
projects in downtown should develop at higher densities, irrespective of existing development."
(2.02.02C)
The proposed development will not likely impact the existing abutting developments to the east, west,
and north, as they are all residential uses currently zoned RI in Ada County.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and instead
connect users to the City wastewater system; discourage the prolonged use of private treatment septic
systems for enclave properties."
The existing home has already abandoned the existing septic system and is connected to the City
wastewater system.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 1.01 acre parcel, including the adjacent right-of-way to the section line
of E. Overland Road with an R-2(Low-Density Residential)zoning district. A legal description and
exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area
of City Impact boundary. The reason for annexation is the water table for the existing well on the single-
family residential property failed late last year and the Applicant had to hook-up to City water and sewer
service.No new development or redevelopment of the property is proposed at this time and the use will
remain residential for the foreseeable future.
The Applicant entered into an agreement with the City for extension of domestic water and sewer service
outside Meridian city limits for the subject property(Inst. #2023-037612). This agreement allowed the
property to hook up to City water and sanitary sewer service with disconnection from the private well
and septic system. A provision of the agreement requires the property owner to apply for annexation of
the property into the City as proposed with this application.
Single-family detached dwellings are listed as a principally permitted use in the R-2 zoning district per
UDC Table 11-2A-2.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive
Plan and the land use desired for this property, Staff recommends a Development Agreement as a
provision of annexation pursuant to Idaho Code Section 67-6511A,which requires the property to
be rezoned and the agreement modified to include a conceptual development plan prior to any
change in use and/or development of the property.
Dimensional Standards(UDC 11-2): The proposed existing house appears to comply with the
dimensional standards of the district.
Access: Access to this property is currently from E. Overland Road. With future redevelopment of the
property,access via E. Overland Road and interconnectivity with adjacent properties will be evaluated in
accordance with the provisions listed in UDC 11-3A-3.
Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed
in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. The
existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-6
for a three(3)bedroom home; four(4)parking spaces are required,at least 2 in an enclosed garage,other
spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not have
an enclosed two-car garage;however,there is an existing 30-foot by 20-foot driveway.
The existing home is recognized as non-conforming due to the off-street parking requirements in
UDC 11-3C-6. Per UDC 11-1B-4,no existing structure containing a nonconforming use may be
enlarged, extended, constructed, reconstructed, moved, or structurally altered except through
the approval of a conditional use permit. As a result of the non-conformity,the Applicant is
required to apply for a Conditional Use Permit for any future expansions on the property or
attain compliance by constructing a new two-car garage(see figure below).
4
f
I _
Sidewalks(11-3A-17): Overland Road is improved with an existing 7-foot wide attached concrete
sidewalk abutting the site in accordance with UDC standards. Staff is not recommending that this
sidewalk be replaced with and 7-foot detached sidewalk.
Pathways(UDC 11-3A-8): The Meridian Pathways Master Plan Map indicates a planned pathway on
the north side of the Five Mile Creek to be constructed by the City in the future. The Applicant should
submit a dedicated easement for the pathway to the City. Easements shall be a minimum of 14'
wide(10'wide pathway+2' shoulder on each side).
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accordance with
UDC 11-3A-21. The Applicant entered into an agreement with the City for extension of domestic
water and sewer service outside Meridian city limits for the subject property(Inst.#2023-037612).
The Applicant is currently connected to City utilities.
Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC
11-3A-7. The Applicant is not proposing fencing with this application.
VIL DECISION
A. Staff.
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on March 21,2024. At the
public hearing,the Commission moved to recommend approval of the subject Annexation
requests.
I. Summary of Commission public hearing:
a. In favor: Robert Taylor,Owner
b. In opposition:None
c. Commenting.None
d. Written testimony:None
e. Staff presenting application: Stacy Hersh,Associate
f Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. Ke, ids)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s)for City Council:
a. None
C. The Meridian City Council heard these items on April 23,2024. At the public hearing,the
Council moved to approve the subject Annexation request.
I. Summary of the City Council public hearing:
a. In favor: Robert Taylor.Owner
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application:
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
oiuplro
CE:NTURIOH E:NGmE:E:RS, INC.
Consullling Engineers, Larid Survlilyors,Planners 2323
S. Vista Av@ St!! 20S Bohs,e, ID 83705 T!!lephon!I
209.:34:3.3:381 I www.oenlengr.com
Annexation &Zone Land Description For:
Robert Taylor
D;,oember 27, 2023
Lot 3,Brock 2 of Jewell SUbdivlslon as shown in Book:34 of Pf!ats at Pages 2056&2057
recotds,Ada County,Idaho and i:idjQining rigllt-of-way.Situale in the Southeast Quarter or the
Southwest Quarter of Section 16,TownshEp 3 Norttl,Range 1 IEast,Boise Meridian,Ada
County,Idaho being m,ore particularly desc,ibed as follows:
Commencing at the south qual rter comer of said Section 16:!hence S89"59'4s-\IV,483.11 feet
along the southenly boundary of the soulhwest quarter of said Se ion 16 tol he Poirri of
Beginning;
Thence f400"00'00"E,.439.85 feet along the easterly boundary of said Lot (as extended
10 Nie soulherty bounoory or the r.oulhea.st quarler of the soiuthwtWt quarter)to tho
northeast wrner of said Lot 3:
Thence N90"00'00'W.t00 feel along the nol'lherly boundary orsald Loi.3 to he
nonhwesl com.er of said lot 3;
Thernce S00"'00'00"E, 439.861 eet along tile westerly bol„mi;lary of said!.o"I 3 (as
extended to the soutnerly boundary of the soulheast quarter of the soulhwesl quarter)to
a point which bears N89'59145"E,749.26 fii!el it om the southwest comer of the
w1.1theast qua.rte,of he soulhwe-sl quarter of said Seclion 1,s,and which point also bears
589°59'lo"E,1,332..50fest from the southwest section corner of saict Section 16:
ihence NB9"5!t45"E, i 00.00 feet to the Point of B inning.
Containing 1.01 acres,more or ress.
This descripti.on was prepared from infol malion of record in the office of the Ada County,
recorder.Jewell Subdivision Book:34,Pages 2056&2057 and Recon:1 of Survey No.8191.A
nsw land survey was riot performed.
11 he basis of bearing for 11lis desoript n is said Jewell Subdil 1 ision. /
4
Annexation Description
N Sketch
Notes
00010011W 100.Q0'
1. Ttiis slielc't,'Itlas prepare-d
from inf,onmJtion of r d
[n lhll office of the Ada
County, recorder. Jewell
Stlbdihis,cin Boe, .34,F'Gges
2056 & 2057. Rc.:01\:1 of
S"-"""Y No, 8,191. A 1U1,r
land survey we- not
p4'rlorm8d. i 1 JN„' IC
,:t Thot,ol:i,ofbearingMrthis [[ t S
,.. ,._ M, SCALE: 1•:,ao-
al<•tch is -aid le:w8lI —: - Q-{ridD I c...oivU
SubdMSion, N 1 C=k g .0, :£��
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--'=tm.;;;;..;..;;" 1'45"E 100.00 y.
So CM iolnl->t'it'e t 1
17 Corner - 1116 th Corner ----
20 21 — ---- ��
55!i59'Hn 1,33:2.50" NBU59'45T 748'.26' West Overland Road S89'M15"W -Iai.11
' to-!3,Block 2.of Jewell SUbdi'lisi011 cs win in IBaok 34 Gf Plcts al Po s 2056
records,Ma County, Idaho. Situote t the Soot t.eo.t oo er o e
CE:.HnJIUON LAME:AS. INC. Soulhw!SI Qlitlrltr of Section 16 10111.Shi 3N. Rl:ln a 1E. Baise r..idicn Ma
1 r„emee .n , r,q., e,; , KXIHU
Ill;'! .\rl•ta;,•••- mt; I Bolw,II)83105
21113-A4:11.33811...........n1ltof!r,t<1m I):]le:Oec,ember 27,2023
01J(e:6,,... Or<1„m Ely: DA Cn:iwford
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B. Site Map
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Page 10
Page
IX. CITY/AGENCY COMMENTS&CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, 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
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions IF City Council determines annexation is in the
best interest of the City:
a. Prior to any change in use or redevelopment of the subject property, a rezone to a commercial
and/or a higher density residential zoning district and a modification to this agreement shall be
requested to include a conceptual development plan consistent with the Mixed-Use Regional
Future Land Use Map(FLUM) designation and guidelines in the Comprehensive Plan.
b. Future development of this site shall be consistent with the applicable standards in the city of
Meridian's Unified Development Code.
c. As a result of the non-conformity to the existing home due to the off-street parking requirements
in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for
any future expansions on the property or attain compliance by constructing a new two-car
garage.
d. The Applicant shall submit a dedicated easement for the future pathway along the north side of
the Fivemile Creek for the length of the property to the City. Easements shall be a minimum of
14' wide(10'wide pathway+2' shoulder on each side).
B. PUBLIC WORKS
No comments,Applicant has signed the agreement for extension of domestic water and sewer service
outside Meridian City Limits (Inst. #2023-037612)and connected to City utilities.
C. PARK'S DEPARTMENT
https://weblink.meridiancit y�org/WebLinkIDocView.aspx?id=331534&dbid=0&repo=MeridianCitX
D. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https://weblink.meridiancity.orgA ebLink/DocView.aspx?id=332238&dbid=0&Mpo=MeridianCity&cr
=1
E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink meridianciV.org/WebLink/DocView.aspx?id=331968&dbid=0&repo=Meridian CitX
F. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianci ty.orglWebLink IDocView.aspx?id=332554&dbid=O&repo=MeridignCi tX
Page 12
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required 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;
Stafffinds annexation of the subject property with an R-2 zoning district and requirement for the
property to redevelop in the future consistent with the Mixed-Use Regional future land use map
designation in the Comprehensive Plan is appropriate for this property(see Section V for more
information).
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Stafffinds the proposed map amendment to the R-2 zoning district is consistent with the purpose
statementfor the residential districts in UDC 11-2B-1, in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety,and
welfare;
Stafffinds the proposed map amendment should not be detrimental to the public health, safety and
welfare as the proposed residential use should be compatible with adjacent single-family residential
homes/uses in the area.
4. 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
Stafffinds 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.
5. The annexation(as applicable)is in the best interest of city.
Stafffinds the proposed annexation is in the best interest of the City.
Page 13