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Spurwing Sewer Easement Annexation (H-2020-0087) Findings Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Annexation of 0.60 of an Acre of Land with an R-4 Zoning District Encompassed by a City of Meridian Sanitary Sewer,United Water and Emergency Access Easements in Spurwing Subdivision,by Engineering Solutions,LLP. Case No(s). H-2020-0087 For the City Council Hearing Dates of: December 15,2020 and January 26,2021 (Findings on February 9,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 26, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 26,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 26, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 26,2021,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 § I I-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 SPURWING SEWER EASEMENT—AZ H-2020-0087 - I Page 161 Item#9. 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of January 26,2021,incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a provision 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 with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of January 26,2021,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. 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 January 26,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -2 Page 162 Item#9. By action of the City Council at its regular meeting held on the 9th day of February 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -3 Page 163 Item#9. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING January 26,2021 Legend -� DATE: Continuedf rom:December 15, 2020) I ii �Praject Lflcfliian �I TO: Mayor&City Council rr L FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0087 ------ Spurwing Sewer Easement—AZ a LOCATION: North of W. Chinden Blvd./SH 2O-26, northeast of N. Ten Mile Rd.,in the SW 1/4 of Section 23,Township 4N.,Range 1W. (portion of Lot 2,Block 1, Spurwing 1' Subdivision) I. PROJECT DESCRIPTION The Applicant requests annexation of 0.60 of an acre of land with an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.60 of an acre Future Land Use Designation Low Density Residential(LDR) Existing Land Use Sewer easement/golf course Proposed Land Use(s) Emergency vehicle access for Fire Dept. and Public Work's access to sewer easement Current Zoning RUT in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Neighborhood meeting date;#of July 22,2020; 8 attendees attendees: History(previous approvals) This property is a portion of Lot 2,Block 1, Spurwing Subdivision(Bk. 113,pg. 16653).A lot line adjustment was approved by Ada County in 2007(ROS#7826). Ada County denied a CUP modification permit to build an emergency access road. See Applicant's narrative for more information: narrative Pagel Page 164 Item#9. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)emergency access is proposed from the west via N. Hwy/Local)(Existing and Proposed) Sunset Maple Way in Spurwing Greens Subdivision Fire Service See comments in Section IX.C. Police Service No comments were submitted. Wastewater Distance to Sewer Services Existing through parcel Sewer Shed North Black Cat trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns Sewer mainline is existing through the subject parcel. Water Distance to Water Services This parcel is within Suez Water's service area. Pressure Zone Estimated Project Water ERU's Water Quality Project Consistent with Water Master Plan Impacts/Concerns Page 2 Page 165 1 1 1 in �inin .. 11 44 1 J' u: 111■ III __ f ', �� `��'` - - — I IIIIIYH•1•Y IIII IIINIIIY p� um liiii=' __ �1 i■ nl � ■■ -- W: ■III III 11 II IIIIIN •_ IHloll Z LLJ N�III 11 III III IIIII ...•. - •2_ F+'1 IIN IINIIIII■ IIIIIIII `--- - '�-- � ' ' II-2 ■ IIIINI ■■ in min :�•� 1 NI � �� ��• 1 NI � �� IF. N ,1 .= ~ uuiuNuu■ —I I Ell nuli IIm2,�„ uiuuN11145 —I II � L. 9°• ' .a1111I nio 11. 1 ��2� II IINIIYIINII N ��- — 1•I• 111 1 ��2� IIIINIIYIINII N �W' III-1 ,^, - _ NII IIIII 111 = III �_ - NIIIII II 111 ■III III 11 1i� _ i � __ ■III III 11 ��'���� IINNNI IIIIII s '?■i'� IINNNI •� ����!1 IINI II IINI } 1 III IINY'r ■IIIIII' }•u IIIIIN+' 2 ■II I I I II •IN III 11 III IIII -- I IIIIII Z N�III 11 III IIII II,III I IIN IINIIIII■ IIIIIIII ■Z_ F+'!!IN IINIIIIII IIIIIIII in IIIINI I11 II�2 ■ IIIINI II Item#9. B. Owner: Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642 Pacific Links, Limited Company—200 N. 4th Street, Ste. 205,Boise,ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/25/2020 11/27/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 11/23/2020 Public hearing notice sign posted 10/1/2020 11/30/2020 on site Nextdoor posting 9/23/2020 11/23/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Low Density Residential(LDR)on the Future Land Use Map (FLUM)in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. There is an existing City of Meridian sewer easement within the subject annexation area;the Applicant proposes is not proposing any new development within this area. 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): • "Preserve existing public rights-of-way and other easements for future pathways and accessways, particularly along powerline and utility corridors, railway corridors, and waterway or irrigation corridors."(4.04.02B) Annexation of the land where an existing City of Meridian sewer easement is located and requirement ofa Development Agreement with a provision that restricts uses other than that of the sewer easement and emergency access easement will ensure preservation of this easement and access. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed annexation area incorporates an existing City of Meridian sewer easement. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant proposes to annex 0.60 of an acre of land into the City with an R-4 (Medium Low- Density Residential)zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2,Block 1, Spurwing Subdivision,which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot;however,the City Attorney and the Planning Page 4 Page 167 Item#9. Manager has deemed it appropriate in this case due to the County's denial of the site modification and the City's requirement for an access to maintain the public utility;therefore, Staff is in support of the request. The property proposed to be annexed is developed as part of the Spurwing golf course and contains a 20- foot wide Meridian sanitary sewer easement(Inst. #112130813)with a 12-inch sewer main line and an 8-inch Suez water main line.An emergency vehicle access easement is proposed in this area to satisfy the Fire Department's requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved,improvements have been made to the intersection which necessite an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department in Section X.C. This road will also provide access to any manholes within the sewer easement area in accord with City requirements and access to the Suez water lines as desired. The subject property is non-buildable as it isn't a legal parcel/lot eligible for a building permit and doesn't meet the minimum dimensional standards of the R-4 district. A more detailed decription of the history of this request is included in the Applicant's narrative letter submitted with this application: https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=193513&dbid=0&repo=MeridianCiU The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application,Staff recommends a DA is required that limits development to that proposed with this application(see provision in Section IX.A). The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant's proposal provides. If Council denies the Applicant's request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or,the applicant has the option to fire sprinkler additional homes beyond the 30. NOTE: The City is currently monitoring the number of homes for this development and the number of building permits issued is approaching the maximum of 30 until the emergency access is approved and constructed per the City's requirments. VII, DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning 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 October 15,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. I. Summary of Commission public hearing: a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark Freeman, Foley&Freeman Attorneys (Representingtpplicant) b. In opposition: Greg Stock, GretchenTseng,Rick Mauritzson, Tom Nist, Tony Tseng C. Commenting: Rod Wa nel Page 5 Page 168 Item#9. d. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin,Eric &Mary Kay Klein,Qing-Min&Erin Chen,Tom&Andrea Nist, Greg Stock, Steven Leavitt&Rick Mauritzson. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concern pertaining to construction of a road&public access between Balata Ct. in Spurwing Subdivision&N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. 3. Key issue(s)of discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscapingdjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. 4. Commission change(s)to Staff recommendation: a. Public Works' should provide a description of what preference they have for surface treatment of the access road between the two manholes(see Section VIII.C); b. The Applicant should work with adjacent homeowners to see what mitigation could be provided to lessen impacts from the road(see landscape plan in Section VIII.B); c. The Applicant should try to get a letter from ITD stating they won't allow access as originallyapproved via Chinden Blvd. without an easement from the Wagner's[a letter has been submitted from ITD (see link in Section IX.H)—ITD will only allow a single- approach for safety reasons and is not opposed to an approach that serves both the Wagner farm parcel and the emergency access with the conditions noted in the letter. However, Mr. Wainer stated at the last hearing that he's not interested in granting an easement for a shared driveway at this time d. Add requirement for signs eg t�provided prohibiting public access to the gated area (see provision#A.lb in Section IX). 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing,the Council moved to continue the subject AZ request to the January 26,2021 hearing in order for the Applicant to work with the Tseng's to determine landscaping that they'd amenable to between their property and the access road: and for Staff to clarify emergency access options via Chinden Blvd. with ITD. The City Council heard this item again on January 26,2021 and moved to approve the requested annexation. 1. Summary of the City Council public hearing: a. In favor: Mark Freeman.Foley&Freeman Attorneys(Representing the Applicant); Becky McKay.Engineering Solutions(Applicant's Representative) b. In opposition: Rick Mauritzson: Greg Stock; Gretchen Tseng: Tony Tseng C. Commenting: Sarah Arjona,Idaho Transportation Dept.: Rod Wagner d. Written testimony: Gretchen Tseng, Stock,Rick Mauritzson,Eric Epperson e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Kyle Radek; Deputy Fire Chief Bongiorno, Police Chief Lavey: Clint Dolsby Page 6 Page 169 Item#9. 2. Key issue(s)of public testimony: a. Against the provision of the access road and preference for the area to be returned to its previous condition as required by Ada County: b. Preference for homes in Olivetree at Spurwing to be constructed with residential sprinklers in lieu of the provision of a secondary emergency access road as proposed: c. Request for the Council to deny the request for annexation and remove the access road. d. ITD doesn't have the right to take away the Wagner's access via Chinden and a cross- access agreement can't be agreed upon for a shared access—per Sarah Ariona.ITD. e. Mr.Wagner testified that he has no intentions of going anywhere or redeveloping his property in the forseeable future and wants to retain his existing access via Chinden. 3. Key issue(s)of discussion by City Council: a. ITD's letter in regard to the provision of emergency access from Chinden Blvd./SH 20- 26 to the Olivetree at Spurwing development• b. The Applicant should work with the property owner(Tseng's)primarily affected by the access road to determine landscaping that they'd amenable to between their property and the access road: c. The importance of the provision of secondary emergency access to the site for emergency responders in the event of a fire or other emergency: d. Restrictions that can be placed on this project to ensure the access road doesn't turn into a public thoroughfare: e. Questions pertainingto City-process in situations like this where a City easement exists over a private property in the County: £ Council encouraged the Applicant to do everything they can to deter public access to the access road and enforce the restriction: g_ The Applicant reached an agreement with Tony&GretchenTsen ,the property owners most affected by the access road. 4. City Council change(s)to Commission recommendation. a. Include DA provision that the access road is for emergency access and Public Works and Suez access of utilities for maintenance only—public access is prohibited. Gates are required to be installed at each end of access with signs at each end prohibiting public access beyond the gated area. Page 7 Page 170 Item#9. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map TEALFTS LAND 12594 W. Exmorer Drive, Suite 150 • Boise. Idaho 83713 SURVEYING ( ) 385•01$ F] Fax (208)385-M6 Project No.-4867 EXHIB11T „A„ Date:July 8, 2020 DEDRJPTION FOR JOCK HEWITT ANNEXATION PARCEL A parcel of land toeing a portion of Lot 2 of Block 1 of Spurwing Subdivision as on file in Book 69 of Plals at Pages 7104 through 7108 in the Office of the Recarder for A do County. Idaho, said parcel being situated in the SW 114 of Section 23, TAN., R.1W.. B.M.,Ada Gounty, ldah&and more particularly descr[bed as follows: COMMENCING at the Southwest cornet of sakd Section,23. marked by a brass cap,thence along the West line of r}apd Sef tion 23 forth 00°204Y East 1170.64 feet to a point; thence leaving said West line at Mght arrgtes South 89"39'20"East 331.81 feet to the Saulhwast corner of Lot 14, Bloc* 1 of said Spurwing Subdividon which point is also the Northwest corner of Qlivetree at Spurwing Subdivision as on fte in Book 115 Of PlatS at Pages 16653 through 16656 in said Office of the Recorder forAda County.which poq,t is the POINT OF!BEGINNING, rnarkett by an iron pin,thence along the West line of said Gliretree at SpurMng Subdivision South 10"58'41"West 211.00 feet to a paint;thence Jeaviny said West lift at right angles ldoM 79001"12"W es1 42.12 feet to a point; thence along a line paralrel w th sold West line of GJivetree at Spurwing Subdivision North 10"58'48"East 213-59 feet to a paint on a li rye that is pars IWI~kith and 41.00 feet VVest of the West llne of said Lol 14, Block 1 of Spurwing Subdivision; thence along said paral lei Gne North OV46'28"East 370-10 feet to a Point;thence North 47'2&00" East 5167 feet to s point; thence South 11 W25"East 25.82 feet to a point of curvature: Ittenoe along the arc of a curve to the left whose fadi us is 110.00 feat, whose central angle is 3V5841", whose length is 59 47 feet and whose long chard bears South W36'45"East 58.75 feet to a point-,thence South 42044'50"west 43.32 fleet to the Northwest corner of ea id Lot 14,marked by an iron pin, thence along the}Nest line of said Lot 14 South DD 4&28"West 305.94 feet to the PCH NT OF BEGINNING. Said Pamel Contains 0,602 Acre,more or less, A a 7L7i A. '�fiilfiA 4667-AnAoxauon-Cesc.00ex dnrtl Page 1 of 1 Page 8 Page 171 Item#9. EMUHIT "B'" CrrY OF MERIDIAN ANKEXATlON POR OL1VE'REE UTlllrnES PARCEL 0 LOT 2,BLOCK I.$PURWIIG&WYNON 2266 3 - IN THK SW IM OF SECTION",T,AN.R.W.,6A., AVA CQUWr'Y.V" CLRr TABLE CUM RAM6 CEXIA LENGTH $EAA/iG_ CHNO 1 J C- 1 WAG' I -w—A-4P 590' S d5%'4i' S It`07'25' E N 47'26'00' E 25.d2' NI ONT AFRRMN r kx Mw- E/,$F„ Not ff wb 41 4g913 ` 1#3.32' � q W SCALE IN FEAT y I• = h}0' I II f ` I DOT. r�alol►r� ' I" �� BLOCK ] pjeWj? �16 J Flv. ttf138818 I I � z PARfL A i 13 ��QQyy �t I�w 1} 26,204 Sf. " WATER FAIM. r , ' 0.602 AC. rFI. B•I P T $ NY�WMG Sr CoRmEm Apr u 5 84*39'2 'E 331.J3J' 1 Ir �+v zer 27s. 12 , > LAN# 37 p to t � �joe s II 38 ''° BLOCK 1 ' F "r _ 351 rk I' 7 Dfl2' 341 7 r 44 LOT 7 OrrJy71 �f BLOCS r 33 5P�JRVI C, S TEALETS LAND SURVEYING 223 1254+ W. EXPLORER oFaYE, SLlFE ISd, W3E, C] 93713 rri # Page 9 Page 172 Item#9. B. Landseape Mitigation Pla-m Page 10 Page 173 Item#9. C. Public Works' 2019 Design Standards for Access Roads 2-16 ACCESS ROADS: A. Access to sewer,water and recycled water mains not located within public rights-of-way shall be provided by an all-weather gravel access road constructed of 3/4"minus road mix gravel. See the Supplemental Specifications. B. The maximum access road grade shall not exceed 10%and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies. C.Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet. D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road. E. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Development Services. F. Easements will be required for all maintenance roads and turn-around spaces. Page 11 Page 174 Item#9. q 14'{MINIMUM I 10'MINIMUM CRUBHEID eld' 0 ROADEASE WATER fs MAIN SANITARY COMPACTED SEWER SJBCRADE MAIN NOTE ALL GRAVELED ROADWkvS SHA_L BE CENTERED OVER—HE UTILITI=S. 'tVI5�Q 2013 GrrYSt)PGPLEI�NTAL RAVEL ROAD F MERIDIAN STANDARD DRAWING NO. SPECIFICATIONS roTHE 17.+AHO wOSrua,,hnsRnF1 STANDARD DETAIL PUN-r-YYUMS CQr4rTRUCT1CH Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want. Page 12 Page 175 Item#9. 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: a. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. b. Signage shall be provided at each end of the access road stating that public access is prohibited beyond the gated area. c. Compliance with the Public Works' 2019 Design Standards for Access Roads (2-16 Access Roads) is required as set forth in Section VIII.C. Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction(ISP)YC� and City Supplemental Specifications. Construction of the road shall be completed within sixty (60)dqys of qpproval of the Annexation Ordinance. d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be constructed over the existings anitga sewer mainlines that currently traverse through the subject property. e. This project will be required to provide a 20' wide swing or rolling emergency access gate at each end of the access road as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway,unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition. Prior to Annexation Ordinance approval, the Applicant shall submit a Performance surety, including bids for materials and work to be Performed, to the City to ensure the access road is completed to Public Works'standards. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14-foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. Included as a DA provision above in Section IX.A.Id. C. FIRE DEPARTMENT Access: This project will be required to provide a 20' wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox Page 13 Page 176 Item#9. padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16-2017 edition.Included as a DA provision above in Section IX.A.If. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=213875&dbid=0&repo=MeridianCiU G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=193806&dbid=0&r0o=Meridian City H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=214594&dbid=0&repo=Meridianciu 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; The City Council finds the Applicant is proposing to annex the subject 0.60 acre property with R-4 zoning consistent with the proposed LDR FLUM designation for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-4 for the existing sewer easement and proposed emergency access road generally complies with the regulations outlines for the R-4 district and purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety and welfare and the emergency access road will enhance public safety in this area. Page 14 Page 177 Item#9. 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 The City Council finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services and will actually enhance emergency access in this area. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 15 Page 178