Z - Spurwing LP Sewer Easement Annexation Development Agreement (2021-030016) ADA COUNTY RECORDER Phil McGrane 2021-030016
BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 02/24/2021 01:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I. City of Meridian
2. Spurwing, LP and Pacific Links, Limited Company, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 23rd day of February , 2021, 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 Spurwing,LP whose address is 1406N.Main street,Meridian,ID 83642
and Pacific Links, Limited Company, whose address is 200 N. 41' Street, Suite 205, Boise, ID
83702, hereinafter called OWNERS/DEVELOPERS.
1. RECITALS:
1.1 WHEREAS,Owners are the sole owners,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 Owners and/or Developers
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, Owners/Developers have submitted an application for a
annexation and zoning of.60 acres of land with a R-4 (medium low density
residential) zoning district of the property listed in Exhibit "A", attached
hereto,under the Unified Development Code,which generally describes how
the Property will be developed and what improvements will be made; and
1.5 WHEREAS,Owners/Developers made representations at the public hearings
before Planning and Zoning Commission and 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 requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 1 OF 8
Item#10.
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 9th day of February, 2021, 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 Owners/Developers to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owners/Developers deem it to be in its best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owners/Developers 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
December 19, 2019, Resolution No. 19-2179, and the UDC,Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian,Idaho 83642.
3.2 OWNERS/DEVELOPERS: means and refers to Spurwing, LP whose
address is 1406 N. Main street, Meridian, ID 83642 and Pacific Links,
Limited Company,whose address is 200 N. 4th Street, Suite 205,Boise, ID
83702,hereinafter called OWNERS/DEVELOPERS,the parties that own and
are developing said Property and shall include any subsequent owner(s)and/or
developer(s)of the Property.
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 2 OF 8
Page 210
Item#10.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
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.0 of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit
"B".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 (ISPWC) and City
Supplemental Specifications.Construction of the road shall be completed within sixty
(60)days of approval of the Annexation Ordinance.
d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards
shall be constructed over the existing sanitary 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.
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 3 OF 8
Page 211
Item#10.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. 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, Owners/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice 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 reserve 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 and/or
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.
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.
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 4 OF 8
Page 212
Item#10.
8. INSPECTION: Owners/Developers 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 Owners/Developers,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 agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNERS/DEVELOPERS:
Spurwing,LP Pacific Links,Limited Company
1406 N.Main Street 200 N. 4t" Street, Ste., 205
Meridian, ID 83642 Boise, ID 83702
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.
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 5 OF 8
Page 213
Item#10.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owners/Developers,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 Owners/Developers, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owners/Developers have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. 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 Owners/Developers 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 Owners/Developers 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
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 6 OF 8
Page 214
Item#10.
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.
OWNERS/DEVELOPERS:
Spurwing,LP Pacific Links,Limited Company
By, - By:
Its: Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-23-2021 Chris Johnson, City Clerk 2-23-2021
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 7 OF 8
Page 215
Item#10.
STATE OF IDAHO )
Ss:
County of Ada )
On this !?/ day of )AG We,
021,before me,the undersigned,a Notary Public in and for
said S ate, -rsonally appeared .�0 h n w l4� known or identified to me to be the
gf/1> W, _ purwing,LP,and the person who signed above and acknowledged tome that he executed the
same on behalf of said Company.
IN WITN ,lI13�y�OF,I have hereunto set my ha d and affixed my official seal the day and year in
this certificate` "" ��Pii,�
n�WY PU'&
O• y
s
(SEAL) _ W COMMISSION •t _ Not Public for
EXPIRES 816 2024 ; _ Residing at:
Z My Commission Expires: w /V— zfwl
OF
STATE OF ID*s/pN �,AO R,
'not lity�►����
County of Ada )
On this E day of Y?4,k ,20 1,before me,the undersigned,a Notary Public in and for
said State, personally appeared I- k tuj i'+t known or identified to me to be the
A"X W Pacific Links,Limited Company,and the person who signed above and acknowledged to me
that he executed the same on behalf of said Company.
1N1l)lull/I
IN WIT14I1`� /r I have hereunto set my hand and affixed my official seal the day and year in
this certificates
(SEAL) —
MY COMMISSION
. EXPIRES 8-16-2024 . _ Nolary Public for
Residing at:
�•.sT ,20•• ``�p?�,��gTFOF10?:•'�� �e My Commission E fires: /�l '
STATE OF IDAH0/11SYOjA j1%%%i\0,\
: ss
County of Ada )
On this 23rd day of February , 2021, before me, a Notary Public, personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of
the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
Notary public for Idaho
Meridian, Idaho
Residing at:
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—SPURWING SEWER EASEMENT(H-2020-0087) PAGE 8 OF 8
Page 216
Item#10.
EXHIBIT A
TEALEY'S LAND 12594 W. Expibrer brine, Suite 150 • Boise, Idaho-8371 a
SURVEYING (2ott) MS-06
2 — Fax (208j 3MOO6
loroject No.. 4667 E HISIT "A"
Date:July 8, 2020
DESCRIPTION
Folt
JOCK[ HEWITT
ANL4E ATJON PARCEL
A parcel of land tieing a portion Df Lot 2 of Glogic 1 of$purwing Subdivision as on file in
Book 69 of Plats at Pages 7104 through 7108 in the Office of the Recorder for Ada County, Idaho,
said parcel being situated in the 6W 114 of Section 23. TAK, R.1W.- B.M.,Aria County, Idaho and
more particularly described as follows:
COMMENCING dt the Southwesl corner of said Section 23. marked by a t);rass cap;thence
Wong the West li-ne Of Sard Section 23
North 00'244D" East 1170.64 feet to a point; thence leaving said WaV line at right anglss
South 89'3W20"East 331.81 feet to the Southwest corner of Lot 14, Block 1 of said
Spurwing$uWivislbn which point Is also the Northwest Corner of 01ivetree et Spurwing Subdivision
as on fife in Book 113 of Plats at Pages 16653 through 16656 in Said Office of the Recorder for Ada
County.which point is the POINT OF BEGINNING, marked by an iron fain.thence along The West
line of said OIrwetree at Spurwing Subdivision
South 1{)'53A1"VdeSt 211.00 feet to a point;thence Jeaving said West line 2t right angles
North 79°01'12"West 42.12 feet to a point; thence along a line parallel with said West line of
011vetree at Spurwing Subdivision
Morlh 10'56'48'East 213.50 feet to a point on a line that is parallel with and 41.00 feet West
of the Wert line of said Loll 14, Block 1 of Spurwing Subdivision; thence along said parallel line
North OO 4828'last 370.10 feet to a point;thence
North 47`26'O0" East 5167 feet to a point; thence
South 11`07'25"East 25.82 feet to a point of curvature; thence along the arc of a curare to
the left wt'Qfe Qdiu5 is 110.04 feet, whose central angle Is 30°38'41", whose length is 59 47 fee[
and whose long chard hers
South 20'36'45'East 55.75 feet to a point-.thence
Sorith 42°44'50"Wesl 43.32 feet to the northwest corner of said Lot 14,marked by an iron
pin, thence along the West line of said Lot 14
South 00'48'28"West 305.S4 feet to the P01 NT OF BEGINNING.
Said Parcel Contains 0.802 Acre,mgFS or leas,
-.L l.A+-
�1
-0�67-pullrexahan-aesC•OpCx dnm page t Uf I
Spurwing Sewer Easement H-2020-0087 Page 217
Item#10.
EXHIBIT A
EXHIBIT '"B"
CITY OF MERIPTAw ANNEXATION
PUR OLIVE'd' E MURES PARCEL
IJa COPNEE N LOT 2,9LM I,SPLIRWMG SUWVNON
221&23 IN TNK SW If+OF SECTION:n,TAN.R.N.,S.A.,
i +ARM COUNTY.ID"
A �
CUM TABLE 5.
cWYE I RAI7115 I MIA I UKIN 9EAWIVF CHM II 15
C-' WDY I 3G"A-4111 59AF' IS26'3s'45'9 i9.N' k
N 17'26'00' E
R i705T.JIL16MF1 Mr �•
I ' 116112L�08[� � 1
r
0 SO 100 290 SN
LiP SCALE IN FEET 1 14
r — ICrO EklSr. ulaw, I" b BLOCK I ' U6
SEWER EASE-W5T
Na. H OM13 I I }
PARCEL A 1 ' f 13
4 2�6.204 9f. WIATER rAUVISE. J
'�
i I� T �� H64WNC
,� I L 5Y C0�7l�R tQ7 ff
I ii Nwr CNAMF LOP_v
G� rts. 12
ti
LAN l
y i ,ram ; l
iie 5I
a, ` , '° =" BLOCK 1 38
OF
' 42 b2' II 11
74'UI'a2' hf 34 1 . r 40
LOT 2 LJ1� TP r�7 ,
BLOCK 1 33 SpdR'jIfq6 5 y
TEALEY'8 LAND SURVEYIN13
12594 W. EXPLORER MIE. SLITS 15a. 8015E. 0 83713
Spurwing Sewer Easement H-2020-0087 Page 218
Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
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
- 1 - Page 219
Item#10.
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 220
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#10.
EXHIBIT A
STAFF REPORTC�WEIIDIAN
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING January 26,2021 Legend �-�
DATE: (Continued from:December 15, 2020
TO: Mayor&City Council
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
IW. (portion of Lot 2,Block 1, Spurwing
Subdivision)
m
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 222
Item#10.
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 223
1 1 1
r ta
IN
I
All
aPow
men , i l
f+��JJ 1�,1('� �,1.. ._ a ..
I11111YH.I.Y� I •tH I1Vb .4Y��—•T _--
•ra r- IYII I.Ix111Y 1�,
,illlll •... ice. ® i111111ti� id
Mimi
xl
}11 Illllx 1.11 i _Z L'. .i✓4.�1,- L_a4"y} I
.2 LLJ xlll� 11 11�III.. 1�111, 'air --:.rv=•r 'k"- j�
•2_ F+•1 uxuxu111■ � uullu I � �,_ �=� � ,,�.•�
1No
1 11-2 - ■ uux� "tea_
Cm
1 1
:1•� 1 NI � �� �1• 1 NI � ��
1 11 1�fi� 1 11 11 0 Ill
111 � - I � ■ = III y� I s � � ■
. III 11:: a 111 �I
uuiuxuu� �- qulium2,�„ uiuuxlll 45 �—I II �
�� - um liiii=' 3 - m1= ` uw liiii= ���.i■
11. 11 �=2� 1•I• 111 11 w�2� -NMI I N
-
_ x111111i1 111 = III � _ x1111111 111
2� -�. -_ ■111 111 11 � �i �. �- ■1.1 111 11
��'��'� I.xxxl 4 I11111 .'?■�'� 11xxx1
•� .��. 1.x1 11 11x■ 11
� � �!!YY ■11.1.11 -�• •mow!Y ■.1.1111
uHuu !11 IIIIIxL1 2 on II
•Ix 11� 11 11�IIIFI —— 1�111 �Z �x1111 11 11�IIIFI �_ �1�1�
IIx IIx11111■ IIIIIIII 2_ F+'!!Ix IIx111111 IIIIIIII
■ IIII xI I 1 1 II-2 ■ IIII xI
• • I I � � � i I F �� � . t i ��
� Y-
Item#10.
B. Owner:
Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642
Pacific Links, Limited Company—200 N. 4t1i 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 225
Item#10.
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.meridiancity.org/WebLink/DocView.aspx?id=193513&dbid=0&repo=Meridian City
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 67-651 IA. 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 requrrments.
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.
1. Summary of Commission public hearing_
a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark
Freeman,Foley&Freeman Attorneys (Representingthe he Applicant)
b. In opposition: Greg Stock, Gretchen Tseng,Rick Mauritzson, Tom Nist, Tony Tseng
C. Commenting: Rod Wagner
Page 5
Page 226
Item#10.
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. Ke, ids)of discussion by Commission:
a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure;
b. Possibility of the Applicant providing landscaping adjacent 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 VIILC);
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
originally approved via Chinden Blvd. without an easement from the Wagner's La letter
has been submitted from ITD (see link in Section IX.H)—ITD will only allow a since
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. Wagner 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 signa eg to be 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, Greg Stock,Rick Mauritzson,Eric Epperson
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application: Kyle Radek: Deputy Fire Chief Bongiomo
Police Chief Lavey: Clint Dolsby
Page 6
Page 227
Item#10.
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 emer e�ncy 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 thorou hfare-
e. Questions pertaining to City process in situations like this where a City easement exists
over a private property in the County:
f 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&GretchenTseng 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 228
Item#10.
VIIL EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
TEAL ETS LAND 12594 W. Explorer Drive, wile 150 • Boise, Idaho 83713
SURVEYING tom} 3a5•10636
2 Fax (208)385•R1fiiM6
Project No._4667 EXHIBIT "API
Dale:July 8, 2020
DESCRIPTION
FOR
JOCK HEWITT
A NNE ATION PARCEL
A Parcel of land being a portion of Lot 2 of Block.1 of Spurwing Subdivision as on file in
Book 69 of Flats at Pages 7104 through 7108 irp the Office of the Recorder for Arta County, Idaho,
said parcel being sduated in the SW 114 of Section 23, TAN., R.1W., B.M.,Ada County, Naha and
more padmlarly described as follows:
COMMENCING at the Southwosl corner of said Section 23, marked by a brass cap,thence
Wong the West line of said Section 23
Forth OW204Y East 1170.64 feet to a paint; thence leaving said West line at right angles
South 89'39'20"East 331.81 feet to the Soultimst corner of Lot 14, Bhp 1 of said
Spurwing Subdivision which point is alsc the Northyuest Corner of Olivetree at SpurMng Subdivision
as on fie A Book 113 of Plats at Pages 16653 through 16656 in said Office of the Recorder fDrMa
County.which pvtnt is the POINT OF BEGINNING, M@Fked by an iron pin,theme aionglhe West
line of said Olrretree at Spur*ng Su bd ivision
South 10'58'41"West 211.00 feet to a point;thence leaving said VV'est Ilne at 49M angles
North 79"0112"Wesi 42.12 feet to a point; thence along a line parallel with sold Mst lime of
C Hivetree at Spurwing Sutadivision
North 10"58'41r East 213.59 feet to a point on a line that is parallel with and 41.00 feet West
of the West line of said Lei 14, Block 1 Hof Spurwing Subdivision; thence along said parallel Gne
North ill F 48'28"East 370-10 feet to a;point',thence
North 47`26'00" East 5167 feet to a pant; thence
South 11`07'25"East 25.82 feet to a point of curvature, pierce along the arc of a curve to
the left whose fadius is 110.00 feet, whose ventral angle Is 30"5841", whose length is 58 47 feet
and whose long chord gars
South 26'36'45"East 58.75 feel to a point-,thence
South 42044'50"'west 43.32 feet to the Northwest corner of said Lot 14,mafked by an iron
pin. thence along the West line of said Lot 14
South 00'4&28"West 305.94 feet to the EQW OF BEGINNING.
Said Pa reel Contains.0.602 Acre,more or less.
347�
4W7-Moexation-Cesc-ftex dnrri Page 1 of 1
Page 8
Page 229
Item#10.
E H113IT "13"
C[TY OF lrtUMIAN ANNEXATION
POR OU ETREE UTHITTES PARCEL
IJ!I [BkNE�' IR LOT $,$LOCK. I.SPURMIfIG''DIY19f N
224923 IN TM15 SW 174 OF 5ECTKM U.T,4N.R.N.,6,R„
AN COUNTI,Ik"
iCUM TMLE
CUlYE R fS TJ, LirNGTH 0w ` I 1.5 f
C-3 FAO' 30'W4!' 590' S Ab�'ts'� 7$,�J•. �� rub.
i ;S II'07'25� Ewir
N 47`26'00' E 25-82,
IX
I
EMT AFMAN
i #Jp glsl3 I i 12:1 I
-----------
i 0 5 144 200 1424 i
SCALE !N FEET
x 1'
i [x1�r. IdENIdL+)1 a �" I �i BLOCK 7 p �N f
5EWrlt IrA51=._5'Fsr 4 r } f
- PARCEL A >�5
r 13
T wra
J 215,M4 5 j{�.f70•P PATER USE
0.642 AC. P T nrhf
SY L' NAER LOT i'r
NY C.'PRUEF'LOT 97
i G
' �1
� BLOCK 1
P
39
A.
N 79'01'Q' V 34 I 40
LOT 7 -� 1�JVf�T4 7
33 �.PjJRWIO 5LJB- _
TEAL€PPS LANs! $UR'VEYLNG
Q54A W. EXPLORER Mg. ELITE 1$0, bDt3E, Q 93713 � � <;
27 26 2e8-M,3-063b X.
Page 9
Page 230
Item#10.
B.
Page 10
Page 231
Item#10.
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 232
Item#10.
9
1�'�I.MhJIMIIUI�p
1rMlUM
CRUSHED'/s _ C]
ROADUASE WATER
C MAIN
SANITARY C004IPACTED
SEWER SUBGRAAE
MAIN
NOTE
ALL GRAVELED RDA[Yi�FAVS allA-L
BE CENTERED OVER—HE UTILITI=-I
uL vls!rtaan
CITY OF MERIDIAN STAPIDARC 73RA9WING NO.
SUPPLEMENTAL GRAVEL ROAD
SPECIFICATIONS TO TW€ STANDARD DETAIL
IbAf+0 3rat[�,5R65 F4h
PUBLIC WCM5 VEWrTRUGTICM
Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want.
Page 12
Page 233
Item#10.
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 gpproval of the Annexation Ordinance.
d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be
constructed over the existings anitary 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 234
Item#10.
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:llweblink.meridianci, .or /WebLinkIDocView.aspx?id=213875&dbid=0&repo=MeridianCity
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=193806&dbid=0&repo=Meridian City
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.orgj ebLink/Doc View.aspx?id=214594&dbid=0&repo=Meridian City
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 235
Item#10.
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 236