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Dunwoody AZ 15-006ADA COUNTY RECORDER Christopher D. Rich 2015-079537 BOISE IDAHO Pgs=27 DAWN TRIVOLIS 081271201510:31 AM MERIDIAN CITY NO FEE I IIIIIIIIIN 1111111 IIIII11111 IIII III 00138776201500796370270276 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Michael & Linda Williams, Owner/Developer 25 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this - day of ��, i , 2015, by and between City of Meridian, a municipal corporation of the State of1daho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Michael & Linda Williams, whose address is 3819 Collister Drive, Boise, ID 83703, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 1.57 acres of land from the RUT zoning district in Ada County to the R-2 (Low Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—DUNW OODY LOT 5 (AZ— 15-006) PAGE. 1 OP 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before 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 WHEREAS, on the 20 day of July, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer 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 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 are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, 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 Michael & Linda Williams, whose address 3819 Collister Drive, Boise, Idaho 83703, the party that is DEVELOPMENT AGREEMENT—DUNWOODY LOTS (AZ -15-006) PAGE 2 oP 9 developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Low Density Residential (R-2) 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. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 One (1) access via N. Locust Grove, an arterial street, is allowed for this property as depicted on Exhibit A.2 of the Staff Report in the attached Findings of Fact and Conclusions of Law (Exhibit B), in general alignment with E. Commander Street on the west side of N. Locust Grove Road. 5.1.2 Future development of this property is restricted to a maximum of two (2) dwelling units. 5.1.3 A minimum 25 -foot wide street buffer shall be provided along N. Locust Grove Road as set forth in UDC Table 11-2A-4 and shall be landscaped in accord with the standards listed in UDC 11-313-7C. 5.1.4 This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A- 21. 5.1.5 All development shall comply with the dimensional standards for the R-2 zoning district listed in UDC Table 11-2A-4. 5.1.6 A minimum 5 -foot wide detached sidewalk is required to be constructed along N. Locust Grove Road within the street buffer in accord with UDC 11- 3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11 -3B -7C.1(2). Coordinate the location of the sidewalk with ACRD. 5.1.7 An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. DEVELOPMENT AGREEMENT-DUNWOODYLOT 5 (AZ -15-006) PAGE. 3 OF 9 5.1.8 The irrigation ditch that runs along the north boundary of this site is required to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space in accord with UDC 11-3A-6. 5.1.9 One (1) Type 1 street light is required to be installed along N. Locust Grove Road; coordinate the details with Austin Peterson, Public Works Department (208-489-0352). 5.1.10 Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. 5.1.11 Prior to granting occupancy of a dwelling, the provisions listed above shall be satisfied. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 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. hl the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT- DUNWOODY LOT 5 (AZ -15-006) PAGE 4 OF 9 7.4 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. 7.5 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 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. 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 agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of perfornance is provided by Owner/Developer to the City in accordance with Paragraph I 1 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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: DEVELOPMENT AGREEMENT-DUNwooDY LOT 5 (AZ -15-006) PAGE 5 OF 9 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Michael & Linda Williams 3819 Collister Drive Boise, ID 83703 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, 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 perforin 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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 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. 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. DEVELOPMENT AGREEMENT—DUNwooDy LOT 5 (AZ- 15-006) PAGE 6 OF 9 20. 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. 21. 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. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force atthe time of the proposed amendment. 22. 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; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the patties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: By: Mich el Williams By: l td&— kc C,U� Linda Williams DEVELOPMENT AGREEMENT-DUNWOoDy LOT 5 (AZ- 15-006) PAGE 7 OF 9 ATTEST: STATE OF IDAHO ) ss County of Ada CITY OF MERIDIAN Byi 9✓ztffGre�I -Mayor -Tt_. de Weerd ionxo SEAL W (F`rfga ,P� E ode 10.E A5�� On this day of Aw t &Q - , 2015, before me, a Notary Public, personally appeared Tammy de Weerd andJaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) L Notary Public fpr Idaho Residing at: Commission expires: S_e DEVELOPMENT AGREEMENT—DUNWOODY LOT 5 (AZ— 15-006) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this day of,'k�Ik4 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Williams 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. (SEAL) m* STATE OF IDAHO ) 6X91 County of Ada, Notary Public for Idaho Residing at:�'�� i,,C C✓ a i �C��C My Commission Expires On this`�_ day of . 12015, before me, the undersigned, allotary Public in and for said State, personally appeare Lind Williams known or identified tome 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. (SEAL) YZ Y�� lSSW"% Notary Public for Idaho Residing at:^-/�'YL,•e t My Commission Expires: DEVELOPMENT AGREEMENT - DUN W OODY LOT 5 (AZ -15-006) PAGE 9 OF 9 Exhibit A Legal Description & Exhibit Map for Annexation Boundary Annexation Legal Description Lot 5, 81ock t, Dunwoody Subdivision A parcel being all of Lot 5 of Block 1 of Dunwoody Subdivision as shown In Book 58 of Plats on Page 5482, records of Ada County, Idaho, and a portion of the SW'/, of the NW Y. of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marling the northwest corner of the NW Y, of said Section 29, from which an Aluminum Cap monument marking the southwest corner of said NW Y, bears S 0°01136" E a distance of 2656.61 feel; Thence S 0°01'36" E along the westerly boundary of said NW 1/4 a distance of 1326.31 feet to a point marking the northwest corner said SW Y4 of the NW '/, the northwest corner of said Dunwoody Subdivision, and the POINT OF BEGINNING; Thence leaving said westerly boundary N 89°404" E along the northerly boundary of said Dunwoody Subdivision a distance of 376.56 feet to a point marking the northeast corner of said Lot 5 of Block 1 of Dunwoody Subdivision; Thence leaving said northerly boundary 8 0°00'25" E along the easterly boundary of said Lot 5 a distance of 185.08 feet to a point marking the southeast corner of said Lot 5; Thence N 8902141" W along the southerly boundary of said Lot 5 and the prolongation thereof a distance of 376.52 feel to a point on the westerly boundary of said SW %of the NW Y.; Thence N 0"01'36" W along said westerly boundary a distance of 179.23 feet to the POINT OF BEGINNING. This parcel contains 1.57 acres and Is subject to any easements existing or In use, Clinton W. Hansen, PLS Land Solutions, PC April 27, 2015 L,c'1 1f1 i71:4tJ:�J777S Job No. 1"N Dumvoody Annaxotlon L ume...yugrw �smw�,o EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District, for the Property Located a''/a Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road, by Michael and Linda Williams. Case No(s). AZ -15-006 For the City Council Hearing Date of: July 7, 2015 (Findings on July 21, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Repoli for the hearing date of July 7, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 7, 2015, 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A. 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 Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-006 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 19, 2015, 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 and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 7, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5E -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 7, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-006 -2- By action of the City Council at its regular meeting held on the o' t a r day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDO— COUNCIL VICE PRESIDENT KEITH BIRD VOTEDAA _ COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BURTON VOTEDTffi COUNCIL MEMBER LUKE CAVENER VOTEDV COUNCIL MEMBER GENESIS MILAM VOTED_ � MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy dlia�erd Attest: E r n Cry,>f City Clerk �innxo � SEAT. �j PV E� !b! 4As n5V�' Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: City C erk's ce CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). AZ -15-000 -3- Exhibit A STAFF REPORT Hearing Date: July 7, 2015 CjfERIDIAM,� TO: Mayor & City Council r FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -15-006 — Dunwoody Lot 5 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Michael and Linda Williams, have submitted an application for annexation and zoning (AZ) of 1.57 acres of land with an R-2 zoning district for the construction of one single-family residential home. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 4, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: I. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Williams v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: I. None c. Kev Commission Change(sl to Staff Recommendation: I. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on July 7, 2015. At the public hearing, the Council moved to approve the AZ request. a. Summary of City Council Public Hearing: i. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: I. None c. Kev Council Changes to Staff/Commission Recommendation i. None Dunwoody Lot 5 AZ -15-006 PAGE 1 Exhibit A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -15- 006, as presented in the staff report for the hearing date of July 7, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -15-006, as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number AZ -15-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located %4 mile south of E. Chinden Blvd. on the east side of N. Locust Grove Road, in the NW Y4 of Section 29, Township 4 North, Range 1 East. (Parcel No.: RI 966960500) B. Owners: Michael & Linda Williams 3819 Collister Drive Boise, ID 83703 C. Applicant: Same as owner D. Representative: Jeremy Telford 2048 W. Astonte Street Meridian, ID 83646 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: May 26, 2015 (Commission); June 24, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of vacant land, zoned RUT in Ada County. Dunwoody Lot 5 AZ -15-006 PAGE 2 Exhibit A B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: The Ambrose School, zoned C -C 2. East: Rural residential property in Dunwoody Subdivision, zoned RUT in Ada County 3. South: Residential property in Dunwoody Subdivision, zoned R-2 4. West: N. Locust Grove Road and single-family residential properties in Reserve Subdivision, zoned R-4 C. History of Previous Actions: The subject property was included as Lot 5, Block 1 in the Dunwoody Subdivision plat, recorded in 1990. The lot was deed restricted to only be used for open space for a period not less than 15 years from the recording date of the plat. D. Utilities: 1. Location of sewer: A sanitary sewer service line intended to provide service to the subject parcel currently exists near the southwest comer of the parcel. 2. Location of water: A water service line intended to provide service to the subject parcel currently exists near the southwest corner of the parcel. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the north boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the density desired in LDR designated areas. The City Council should consider the applicant's request for a step down in density for this property. The applicant proposes to annex the subject property with an R-2 zoning district and develop one single-family home on the property consistent with the density designation in the LDR FLUM designation. Policies: 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): "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) A 25 foot nide street buffer with landscaping is required along N. Locust Grove Road, aro arterial street, in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall be obtained for any new fencing. Dunwoody Lot 5 AZ -15-006 PAGE 3 Exhibit A "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed single-family residential home should be compatible with the adjacent low density residential properties to the east and south. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) Cityservices are available and will be extended by the applicant upon development ofthe site in accord with UDC 11-3A-21. Analysis: Annexation of this property with an R-2 zoning district for the construction of one single- family home is consistent with the FLUM designation of LDR and should be compatible with adjacent residential and school uses. Therefore, Staff feels the proposed development is appropriate under the LDR designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Propose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The low- density residential (R-2) district allows a maximum gross density of 2 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for a single-family detached dwelling is a principal permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-4 for the R-2 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 1.57 acres of land with an R-2 zoning district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted. A conceptual site/landscape plan was submitted with this application that is included in Exhibit A.2. The applicant proposes to develop one new single-family residential detached home on the property. Because this site takes access directly from N. Locust Grove Road, an arterial street, staff recommends future development of this site is restricted to a maximum of two dwelling units. Dunwoody Lot 5 AZ -15-006 PAGE 4 Exhibit A This property was previously deed restricted through the Dunwoody Subdivision plat to only be used for open space uses for a period not less than 15 years from the recording date of the plat. Because that time period has expired, the lot is now eligible to be built upon. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. Dimensional Standards: All development on the site is required to comply with the dimensional standards listed in UDC Table 11-2A-4. Access: The site plan depicts one access via N. Locust Grove Road; the driveway should align as closely as possible with E. Commander Street on the west side of Locust Grove. Access is restricted to one driveway in accord with UDC 11-3A-3. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City's adopted standards, specifications and ordinances. One Type 1 street light is required along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). Pressurized Irrigation (PI): An underground PI system is required to be provided for this development in accord with UDC l I -3A-15. Landscaping: A minimum 25 -foot wide street buffer is required along N. Locust Grove Road landscaped in accord with the standards listed in UDC 11 -3B -7C. The site/landscape plan depicts 5 trees within a 25 buffer in accord with UDC standards; vegetative groundeover should also be provided. Fencing: The site/landscape plan does not depict any proposed fencing. If fencing is constructed on the site, it should comply with the standards listed in UDC I 1-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required to be constructed on this site within the street buffer along N. Locust Grove Road. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb. The applicant should coordinate the location of the sidewalk with ACRD. Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC I I -IA -1) or linear open space. In snrnmmy, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other Dunwoody Lot 5 AZ -15-006 PAGE 5 Exhibit A 1. Vicinity Map 2. Site/Landscape Plan 3. Water & Sewer Service Plan (dated: 5/15/15) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Dunwoody Lot 5 AZ -15-006 PAGE 6 Exhibit A A. Drawings 1. Vicinity Map ]25 701 30 532 500 06 4sa 6340 4325 6208Comxs�l',ryQffe` 5235 1]65 �1 6146 1793 Ihhhi i90d 1962 — H IB5 Ie]e 193 1990 2060 T]9 412i 6075 1827 18511188 1 1911 1919 6100 `C 6100 611J 6982 1 — 1800 18R 1864 1896 1928 6060 \� 406) 1805 I8)] 10.59 IB91 1923 6020 6Y65 A T N m 09 1i20 148 1556 1590 \\ 1778 ] 1341 13 1305 .�. 11)5 13I9 140319J]µ�p'S150 1573 59]0 1746 / t 5910 1714 1810 / X1842 5985 1 less 042 tns � 1W4 5P]5 16031141 1 I2Q 1386 1354 p8B 1410 1490 1500 151568 1111 �\ 1906 0 1 I5H5 5]80 1931 Illl Q .'�. � m m 14151461 � ISIr`I55Y� .919 240 1240 `�' "� $ 14260 1115068n f154E 5690 / 1470 ] 1229 1251 130 m 1391140'/ 1515 20M 5589 5591 1680 558] Ss]0 1112 1744 IA6 1808 IBdO 5576 19)0 1596 2016 1048 2 5555 5518 55]1v —� x J 8 5569 1141� 554 5504 55555520 — 5526 20212055 2Wi5515 5519 1991 1➢Ie 2W21964 209E 5460 SdH] 549119]0 5459 5960 1]42_sd62 5463 5464 544 5411 .' 1558 'llID5 206^1 ID9 a. F15931 a� uit — 643�6!,�- rt r �. _._..- 5,.,,, _. ; s414 _z_ Exhibit A 2. Site/Landscape Plan i -3- Exhibit A 3. Water & Sewer Service Plan (dated: 5/15/15) SSMH (EX) RIM EL: 100.00 12" IE: 86,50 (N&S) RESERVE SUB. J 17 12" SEWER 1" WATER SERVICB EW4" SEWER SERVICE 200 LF±Q 2.0% EX END EL: 97.97 FINISHED FLOOR EL: 99.25± BOUNDARY 12" WATER WATER + SEWER SERVICE PLAN p 100 2pa Feel 1 EXISTING PRESSURE IRRIGATION SERVICE (APPROX. LOCATION) DUNWOODY SUB. NOTES: 4VV�- CITY SEWER ANO WATER SERVICES WILL SE EXTENDEDiiiNTO T-131. SERVICE THE NEW BUILDING AS CONCEPTUALLYJJ. OSHOWN. HTP�' 2. PRESSURE IRRIGATION WILL BE PROVIDED FROM AN'WS OF , EXISTING PRESSURE IRRIGATION SERVICE TO THE SITE. K p1GA DUNWOODY ANNEXATION REFERENCE N/A LOT 6 BLK I DUNWOODY SUB. -MERIDIAN, IDAHO DRAWN BY: RKE SHEET NUMBER: S1ROFTNENW1140FSEC2p DATE: 5/5115 TAN. RAE. BN. SOISE.AMC NW, WAND SCALE: AS NOTED C1 10 CONCEPT ENGINEERING PLAN -4- Exhibit A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. One (1) access via N. Locust Grove Road, an arterial street, is allowed for this property as depicted on Exhibit A.2 in general alignment with E. Commander Street on the west side of N. Locust Grove Road. b. Future development of this property is restricted to a maximum of two (2) dwelling units. c. A minimum 25 -foot wide street buffer shall be provided along N. Locust Grove Road as set forth in UDC Table 11-2A-4 and shall be landscaped in accord with the standards listed in UDC 11-313-7C. d. This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. e. All development shall comply with the dimensional standards for the R-2 zoning district listed in UDC Table I 1-2A-4. f A minimum 5 -foot wide detached sidewalk is required to be constructed along N. Locust Grove Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11 -3B -7C, l a(2). Coordinate the location of the sidewalk with ACRD. g. An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. h. The irrigation ditch that runs along the north boundary of this site is required to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space in accord with UDC 11-3A-6. i. One (1) Type 1 street light is required to be installed along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). j. Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. k. Prior to granting occupancy of a dwelling, the provisions listed above shall be satisfied. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. -5- Exhibit A 2.2 General Conditions of Approval 2.2.1 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.2 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.3 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. S. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall apply for a Driveway Approach Permit from ACHD. -6- Exhibit A C. Legal Description & Exhibit Map for Annexation Boundary Annaation Legal Descripptign Lot 5, Block 1, Dunwoody Subdivision A parcel being all of Lot 6 of Block 1 of Dunwoody Subdivision as shown in Book 58 of Plats on Page 5482, records of Ada County, Idaho, and a portion of the SW V4 of the NW %a of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest comer of the NW % of said Section 29, from which an Aluminum Cap monument marking the southwest corner of said NW % beers 5 0°01'36" E a distance of 2656.61 feel; Thence S 0"01'36" E along the westerly boundary of said NW'/a a distance of 1326.31 feet to a point marking the northwest corner said SW % of the NW 'b, the northwest comer of said Dunwoody Subdivision, and the POINT OF BEGINNING; Thence leaving said westerly boundary N 89°44'54" E along the northerly boundary of said Dunwoody Subdivision a distance of 376.56 feet to a point marking the northeast corner of said Lot 5 of Block 1 of Dunwoody Subdivision; Thence leaving said northerly boundary S 0°00'25" E along the easterly boundary of said Lot 5 a distance of 185.08 feet to a point marking the southeast corner of said Lot 5; Thence N 89°21'41" W along the southerly boundary of said Lot 5 and the prolongation thereof a distance of 376.52 feet to a point on the westerly boundary of said SW '/< of the NW %; Thence N 0°01'36" W along said westerly boundary a distance of 179.23 feet to the POINT OF BEGINNING. This parcel contains 1.57 acres and is subject to any easements existing or In use. Clinton W. Hansen, PLS Land Solutions, PC April 27, 2015 r Lzir� s�lulivri� -7- 1111 Ht•z�ii B OF nunmody Annexalian Job No. 1534 Exhibit A ANNEXATION PARCEL - EXHIBIT LOT 5, BLOCK 1, DUNWOODY SUBDIVISION 19 20 E. CHINDEN BLVD. 30 29 n POINT OF N BEGINNING IM THREE CORNERS SUBDIVISION N0. 1 11118 , vn I I; -8- "4i;4!ni!flons and Consulting nr MSTH 6rMA MEMD"rID 07642 120012002090 (200)206255704 wwfardsduW ..Olx ANNEXATION PARCEL m `s LOT 5, BLOCK 1, DUNWOODY SUBDIVISION N7 M TOTAL ANNEXATION AREA = `� w O a 1.57 ACRES ° N O O r o N N89'21'41"W 376.52' OJ p O Ia z UNPLATTED 3D " 29 1/4 11118 , vn I I; -8- "4i;4!ni!flons and Consulting nr MSTH 6rMA MEMD"rID 07642 120012002090 (200)206255704 wwfardsduW ..Olx Exhibit A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 1.57 acre property with an R-2 zoning district and develop one new single-family residential home consistent with the LDR FLUM for this property. The Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent school and residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determinine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds annexing this property with an R-2 zoning district is in the best interest of the City. -9-