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750 E. Ustick Rd H-2018-0061 AZADA COUNTY RECORDER Phil McGrane 2019-025327 BOISE IDAHO Pgs=26 LISA BATT 04/01/2019 09:36 AM CITY OF MERIDIAN, IDAHO NO FEE 01 OLVA 01 IN] NJ 1010 W."t" .14 PARTIES: 1. City of Meridian 2. Zina Ann Denny, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this U* day of '�JkCkv-ck-N 20A, -20+8-, 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 Zina Ann Denny, whose address is 750 E. Ustick Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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 annexation and zoning of 1.647 acres of land with an R-2 (Low Density Residential) zoning district, 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 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning DEVELOPMENT AGREEMENT - 750 E. USTICKRoAD (H-2018-0061) PAGE 1 OF 8 PARTIES 2 DEVELOPMENT AGREEMENT City of Meridian Zina Ann Denny, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 'Z1o* day of 1JlQrch , ZQ 19, -2418, 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 Zina Ann Denny, whose address is 750 E. Ustick Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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 annexation and zoning of 1.647 acres of land with an R-2 (Low Density Residential) zoning district, 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 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning DEVELOPMENT AGREEMENT- 750 E. USTICK ROAD (H-2018-0061) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 6 , 2 0 1 9 – P a g e 1 0 3 o f 2 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 6 , 2 0 1 9 – P a g e 1 0 4 o f 2 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 6 , 2 0 1 9 – P a g e 1 0 5 o f 2 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 6 , 2 0 1 9 – P a g e 1 0 6 o f 2 6 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 6 , 2 0 1 9 – P a g e 1 0 7 o f 2 6 8 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 at the 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 parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER:I �3 A nny CITY OF MERIDIAN �QDRp,TEDALGC/ A By; idly or W Mayor de Weerd R\IDJAN*_ fjay Cole City Clerk IDAHO SEAL DEVELOPMENT AGREEMENT- 750 E. USTICK ROAD (H-2018-0061) PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, On this 1k day of WAI' l , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Zina Denny known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto :se m hand and affixed m official seal the day and year in this certificate first above written. .060••••• (SEAL) ••�Y�••• •••'�'' OT AIS ��• otary PublicjVr Id •�; •� `, • Residing at: iiMy Commission Expires: : 3 • COMMISSION : • •No. ON23 • �'• R WIP, ' �••: OF•• 0*808000 STATE OF IDAHO ss County of Ada ) On this _ day of � , before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, 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. RA R ary P S SHIFF E Notublic for Idaho A /� Bar #53W2 Residing at: �%' n di �IyGI C Lm NOTARY PUBLIC Commission expires: 2 D -��'2 7) STATE OF IDAHO IMY COMMISSION EXPIRES 8/30120 DEVELOPMENT AGREEMENT- 750 E. USTICK ROAD (H-2018-0061) PAGE 8 OF 8 Meridian City Council Meeting Agenda March 26, 2019 – Page 110 of 268 Meridian City Council Meeting Agenda March 26, 2019 – Page 111 of 268 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0061] - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for annexation and zoning of 1.65 acres of land with an R-2 zoning designation, by Zina Ann Denny. Case No(s). H-2018-0061 For the City Council Hearing Date of: August 28, 2018 (Findings on September 18, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 28, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 28, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 28, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda September 18, 2018 – Page 116 of 385 EXHIBIT B Meridian City Council Meeting Agenda March 26, 2019 – Page 112 of 268 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0061] - 2 - 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 approved per the conditions of approval in the Staff Report for the hearing date of August 28, 2018, 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. 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 August 28, 2018 Meridian City Council Meeting Agenda September 18, 2018 – Page 117 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 113 of 268 By action of the City Council at its regular meeting held on the day of 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Attest: C.Ja&,Coles City Clerk Mayor T Weerd f\ ry r w ip E IDIIAON SEAL VOTED VOTED 1 VOTED 4` VOTED C VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; Dated: Q-19 `g City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [14-2018-00611 i5o F u rV- 4- Meridian City Council Meeting Agenda March 26, 2019 – Page 114 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 1 STAFF REPORT Hearing Date: August 28, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 750 & 772 E. Ustick Road – AZ (H-2018-0061) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Zina Denny, has submitted an application for annexation and zoning (AZ) of 1.65 acres of land with an R-2 zoning district. II. SUMMARY RECOMMENDATION Council approved of the proposed AZ application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 2, 2018. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Zoning. a. Summary of Commission Public Hearing: i. In favor: Rick Roe (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 28, 2018. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Rick Roe (Applicant’s Representative) Josh bERach ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Meridian City Council Meeting Agenda September 18, 2018 – Page 120 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 115 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: ii. None di. Key Council Changes to Staff/Commission Recommendation ii. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0061, as presented in the staff report for the hearing date of August 28, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0061, as presented during the hearing on August 28, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 750 (Parcel #S0531438411) and 772 (Parcel #S0531438457) E. Ustick Road, in the south ½ of Section 31, Township 4 North, Range 1 East B. Owners: Zina Ann Denny 750 E. Ustick Rd. Meridian, ID 83646 C. Applicant: Same as Owner D. Representative: Same as Owner E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation. A public hearing is required before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 13, 2018 (Commission); August 10, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: July 6, 2018 (Commission); August 3, 2018 (Council) D. Applicant posted notice on site(s) on: July 23, 2018 (Commission); August 18, 2018 (Council) VI. LAND USE Meridian City Council Meeting Agenda September 18, 2018 – Page 121 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 116 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 3 A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned R1 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned R1 in Ada County 2. East: Rural residential property, zoned RUT in Ada County 3. South: E. Ustick Road and single-family residential properties, zoned R-8 4. West: Rural residential property, zoned R1 in Ada County; and vacant/undeveloped land, zoned R-4 C. History of Previous Actions: A Record of Survey (#9145) was recorded on March 6, 2012 for the subject property which depicts two parcels – Parcel 1 and Parcel 2. Ada County does not have any documentation of an approved split resulting in this configuration; therefore, this property is deemed to be one parcel, eligible for one building permit. D. Utilities: 1. Location of sewer: A sewer main intended to provide service to the subject property currently exists adjacent to the subject parcel in E. Ustick Road. 2. Location of water: A water main intended to provide service to the subject property currently exists adjacent to the subject parcel in E. Ustick Road 3. Issues or concerns: The applicant has previously entered into an Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits, and annexation is a requirement contained in that agreement. E. Physical Features: 1. Canals/Ditches Irrigation: There are no significant waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low Density Residential). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant is not proposing to redevelop the property at this time. The existing single-family residential use of the property is consistent with the LDR designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are listed as a permitted use in the R-2 zoning district. Meridian City Council Meeting Agenda September 18, 2018 – Page 122 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 117 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 4 C. Dimensional Standards: Any development on the site should be consistent with the dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. D. Landscaping: Not applicable E. Off-Street Parking: Not applicable IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning: The applicant has applied for annexation and zoning of 1.65 acres of land in accord with the Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits, recorded as Instrument No. 2018-047087 on May 23, 2018. The requested zoning district is R-2, consistent with the property’s FLUM designation of LDR. The applicant’s well on the property ran dry earlier this year. The City agreed to extend City water and sewer service to the property with the stipulation the applicant submit a request for annexation into the City within 10 business days of approval of the Agreement. The property was connected to City water and sewer service in May of this year. No new development is proposed with this application. Existing Conditions: With the recent widening of E. Ustick Road, the existing home does not comply with the front setback requirements of the R-2 district listed in UDC Table 11-2A-4; as such, it’s deemed a nonconforming structure and is subject to the standards listed in UDC 11-1B-5, Nonconforming Structure. Direct access to the subject property is provided from E. Ustick Road via a circle driveway across both properties. If the property redevelops in the future, access is required to comply with the standards listed in UDC 11-3A-3, Access to Streets. As noted in the Section VI.C above, although the Record of Survey (#9145) depicts two parcels, only one legal parcel exists. Therefore, the property at 772 E. Ustick Rd. is not eligible for a building permit. The property would need to be subdivided in order to be eligible for a building permit on that property. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation included in this report in Exhibit B, staff recommends a DA is required that contains the provisions listed in Exhibit B as discussed above. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Aerial View of the Property Meridian City Council Meeting Agenda September 18, 2018 – Page 123 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 118 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 5 3. Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits B. Agency & Department Comments C. Legal Description and Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 18, 2018 – Page 124 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 119 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 7 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda September 18, 2018 – Page 125 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 120 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 8 Exhibit A.2: Aerial View of the Property Meridian City Council Meeting Agenda September 18, 2018 – Page 126 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 121 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 9 Exhibit A.3: Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits Meridian City Council Meeting Agenda September 18, 2018 – Page 127 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 122 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 10 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The property owner shall comply with the standards for nonconforming structures listed in UDC 11-1B-5. The nonconformity of the structure is due to the structure not meeting the minimum front setback requirement of UDC Table 11-2A-4 due to the widening of E. Ustick Road and the additional right-of-way needed for the expansion. b. Access to the property via E. Ustick Road is required to comply with the standards listed in UDC 11-3A-3, Access to Streets, upon redevelopment of the property. c. The property owner is required to comply with the terms of the Agreement for Extension of Domestic Water and Sewer Service outside Meridian City Limits recorded as Instrument No. 2018-047087 attached in Exhibit A.3. d. The property at 772 E. Ustick Rd. (Parcel #S0531438457) is not eligible for a building permit unless a subdivision application creating a legal lot is approved by the City and a final plat is recorded. e. Any existing domestic well system within this property shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources; contact Robert B. Whitney at (208)334-2190. f. Any existing septic systems within this property shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2. POLICE DEPARTMENT 2.1 The Police Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department had no comments on this application. 4. ADA COUNTY HIGHWAY DISTRICT (ACHD) No comments were submitted from Ada County Highway District on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. Meridian City Council Meeting Agenda September 18, 2018 – Page 128 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 123 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 11 6. IDAHO TRANSPORTATION DEPARTMENT (ITD) 7. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) 7.1 NMID has no comments on this application. Meridian City Council Meeting Agenda September 18, 2018 – Page 129 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 124 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 12 C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda September 18, 2018 – Page 130 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 125 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 13 Meridian City Council Meeting Agenda September 18, 2018 – Page 131 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 126 of 268 Exhibit A 750 E Ustick Rd – AZ H-2018-0061 PAGE 14 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 1.65 acre property with an R-2 zoning district consistent with the LDR FLUM designation for this property. Council finds that the proposed map amendment and residential use complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 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; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities have been extended to the property at the expense of the applicant. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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 11-5B-3.E). Council finds annexing this property with an R-2 zoning district is in the best interest of the City. Meridian City Council Meeting Agenda September 18, 2018 – Page 132 of 385Meridian City Council Meeting Agenda March 26, 2019 – Page 127 of 268