Roberts Annexation (H-2021-0013) (2021-092435) Item#11.
ADA COUNTY RECORDER Phil McGrane 2021-092435
BOISE IDAHO Pgs=29 BONNIE OBERBILLIG 06/16/2021 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Denton Roberts, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 15th day of June 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 Denton Roberts, whose address is 4461 N. Diamond Creek Ave.,
Meridian, ID 83646,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 1.77 acres of land to the R-2(Low Density Residential)zoning
district on the property listed in Exhibit"A",under the Unified Development
Code,which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
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 annexation and
zoning held before Planning and Zoning Commission and the City Council,
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 1 OF 8
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includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS,on the 1st day of June,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 Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation 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 OWNER/DEVELOPER: means and refers to Denton Roberts, whose
address is 4461 N. Diamond Creek Avenue, Meridian, ID 83646,hereinafter
called OWNER, the party that owns said Property and shall include any
subsequent owner(s) and developer(s) of the Property.
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 2 OF 8
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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 and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the conceptual site
plan for the single-family dwelling included in Section VII and the provisions
contained herein.
b. When the sewer line is extended to the N. Locust Grove Rd/ E. Paradise Lane
intersection, the existing septic system shall be abandoned and the applicant shall
connect the new residence to City sewer and pay any applicable sewer assessment fees
at the time of connection.
c. The existing well shall be abandoned, unless used to irrigate the property. The new
residence shall connect to City water and pay any applicable water assessment fees
with the building permit.
d. The applicant shall extend an 8-inch water main from the intersection of Locust Grove
and Paradise Lane along Paradise Lane to the eastern property line and a fire hydrant
shall be installed.
e. The applicant shall construct a detached asphalt pathway along their E. Paradise Ln
frontage.
f. Prior to building permit, the applicant shall vacate the 5-foot drainage, utility
construction and maintenance easement platted between the subject lots (Lots 2&3,
Block 1 of the Heritage Subdivision No 2) and merge Lots 1 &2, Block lthrough a
parcel boundary adjustment.
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:
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 3 OF 8
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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 and/or Developer's default
of this Agreement, Owner/Developer shall have thirty(30) days from receipt
of written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owners and/or 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/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.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 4 OF 8
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9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC,to insure the installation of required improvements,which the Owners and/or 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 Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Denton Roberts
4461 N. Diamond Creek Ave
Meridian, ID 83646
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 5 OF 8
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jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owners and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
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 Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 6 OF 8
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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:
Denton Roberts
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
6-15-2021 6-15-2021
DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 7 OF 8 Page 214
Item#11.
STATE OF IDAHO )
. ss:
County of Ada )
On this '7 4" day of j��< ,2021,before me,the undersigned,a Notary Public in and for
said State,personally appeared Denton Roberts known or identified to me to be person who signed
above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
SANDRA J H,'HN otary Public for /
COMMISSION NUMBER 263y6 ` Residing at:
NOTARY PUBLIC3
STATE OF pAt�
I My Commission Expires: /3 �J-
�
STATE OF IDAHO )
ss
County of Ada )
On thisl5th day of June ,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.
(SEAL) Notary Public for Idaho
Residing at: Meridian,Idaho
Commission expires:3-28-2022
DEvELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 8 OF 8 page 215
*, , FOX HMH
LAND SURVEYS engineering
ANNEXATION
ROBERTS PARCELS
LEGAL DESCRIPTION
Lots 2 & 3, Block 1, Heritage Subdivision No. 2, situated in the Southwest Quarter of the Northwest
Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the Corner of Sections 30, 29, 32, &31 monument+ed by a found aluminum cap as
described in CP&F Instrument No. 111098263 at the intersection of E. McMillan Road and N. Locust
Grove Road,from which the Quarter Corner common to Sections 32 and 31 monumented by a found
aluminum cap as described in CP&F Instrument No. 102102462 at the intersection of L. Leighfield Drive
and N. Locust Grove Road bears, South 00*33'08" West, 2,659.05 feet; thence South 00"33'08" West,
1,988.86 feet to the POINT OF BEGINNING;
Thence along the Northerly Boundary of Lot 2, South 89°31'13" Last, 287.63 feet to the Northwest
Corner of Lot 4;
Thence along the Westerly Boundary of Lot 4,South 00'32'52" West, 325.00 feet to the Center Line of
E. Paradise Lane;
Thence along said Center Line, North 89°31'13" West, 287.65 feet to the to the Center Line of N. Locust
Grove Road and the Westerly Boundary of Section 32;
Thence North 00°33'08" East, 325.00 feet to the POINT OF BEGINNING.
Containing 2.146 acres, more or less.
End of description
Prepared By: s T s
Ronald M. Hodge
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680 S. Progress Ave,,Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com
Equal Opportunity Employer
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Page 11
Page 218
EXHIBIT B
Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN DIb�N--
AND DECISION&ORDER
In the Matter of the Request for Annexation and Zoning of 1.77 acres of land with the R-2 zoning
district to develop a 6,000 SF single family residence by Benjamin Semple,Rodney Evans and
Partners.
Case No(s).H-2021-0013
For the City Council Hearing Date of: May 18,2021 (Findings on June 1,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 18, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 18,2021,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 § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ROBERTS ANNEXATION—FILE#H-2021-0013)
- I - Page 219
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 18,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of May 18,2021, 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 May 18,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ROBERTS ANNEXATION—FILE#H-2021-0013)
-2 Page 220
Item#8.
By action of the City Council at its regular meeting held on the 1st day of June ,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 6-1-2021
Attest:
Chris Johnson 6-1-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-1-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ROBERTS ANNEXATION—FILE#H-2021-0013)
-3 Page 214
EX H I BIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/18/2021 Legend
DATE:
jeDt --TO: Mayor&City Council ,„] i
.q
FROM: Alan Tiefenbach,Associate Planner
208-884-5533
Bruce Freckleton,Development - t r�
Services Manager r
208-887-2211 g
SUBJECT: H-2021-0013
Roberts Annexation --
LOCATION: 1630 E. Paradise Ln 15 - --
I. PROJECT DESCRIPTION
This is a proposal to annex 1.77 acres of land from the R-1 zone in Ada County to R-2 zone to
construct a new single-family residence.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.77 acres
Future Land Use Designation Low Density Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Single Family Residence
Lots(#and type;bldg./common) 2(to be consolidated into parcel with a future PBA
application)
Phasing Plan(#of phases) 1
Number of Residential Units(type 1 house with detached shop and RV garage
of units)
Density(gross&net) 0.56 du/acre
Open Space(acres,total N/A
[%]/buffer/qualified)
Amenities N/A
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of February 9,2021,2 attendees.
attendees:
History(previous approvals) Heritage Subdivision No 2
Page 1
Page 222
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A. Community Metrics
Description Details Page
Ada County Highway District No comments
Access(Arterial/Collectors/State Property will be accessed from E Paradise Lane(local).
Hwy/Local)(Existing and Proposed)
Traffic Level of Service N/A
Stub Street/Interconnectivity/Cross N/A
Access
Existing Road Network E.Paradise Ln
Existing Arterial Sidewalks/ There is existing curb and gutter on east side of N.Locust
Buffers Grove Rd.E.Paradise Ln is a rural local road with no
sidewalk on either side.
Proposed Road Improvements None required
Distance to nearest City Park(+ 1 mile to Champion Park
size)
Distance to other key services
Fire Service No comments
Police Service No comments
Wastewater
• Distance to Sewer 1,400 feet+/-
Services
• Sewer Shed North Slough Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.08
• Project Consistent with No.Property will be on septic until utilities are
WW Master Plan/Facility available in the area.
Plan
• Comments • Flow is committed
• Sewer is currently in N.Locust Road about 1,400
feet away from property. City Engineer has
approved a waiver to allow septic service until
the sewer line is extended.
Water
• Distance to Water Services 0
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Water is located in N Locust Grove Road.Water
main must be extended into Paradise Ln to the
east property line.Applicant requested a waiver
to only have to connect service line rather than
extending the water main.City Engineer
denied this waiver.
Page 2
Page 223
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Item#10.
III. APPLICANT INFORMATION
A. Applicant/Representative:
Benjamin Semple, Rodney Evans and Partners— 1014 S. La Pointe St., Ste 3,Boise ID 83706
B. Owner
Denton Roberts—4461 N. Diamond Creek Ave,Meridian,ID, 83646
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification
published in newspaper 3/26/2021 4/30/2021
Radius notification mailed to
properties within 500 feet 3/24/2021 4/27/2021
Public hearing notice sign posted
4/2/2021 5/7/2021
on site
Nextdoor posting 3/24/2021 4/27/2021
V. STAFF ANALYSIS
The property is comprised of two lots presently zoned R-1 in unincorporated Ada County, of which
the southern lot until recently had contained a 4,000 sq. ft.residence. The applicant demolished this
single-family residence in anticipation of building a newer 6,000 sf ft+/-house with detached shop/
RV garage. The applicant contacted Ada County to merge the lots together and construct the larger
house and was told because the property directly abutted City limits, it would need to be annexed.
There is a 5-foot drainage,utility construction and maintenance easement platted between the subject
lots (Lots 2&3,Block 1 of the Heritage Subdivision No 2). Following this annexation and prior to
building permit,the easement will need to be vacated as part of the consolidation of lots.
The nearest available sewer main is located in N. Locust Grove Rd., approximately 1,400 feet north
of the subject property. The applicant has received City Engineer and Public Works Director approval
for a utilities waiver from UDC 11-3A-21 to not connect to City sewer at this time. Staff finds that
making a singular property owner pay for extending a sewer main 1,400 feet for one residence is
neither fair nor necessary. However,the development agreement will require connecting to City
sewer if and when a sewer main is extended in the future. The applicant will need to apply to Central
District Health(CDH)for a temporary septic system.
The applicant will be required to extend a water main from the intersection of N. Locust Grove Rd
and E. Paradise Ln along Paradise Lane to the eastern property line to serve adjacent properties in the
future. The applicant has also requested a waiver from this requirement, stating it would be cost
prohibitive and not necessary as adjacent properties to the east and south are remaining in
Unincorporated Ada County and already have wells providing water. Instead,the applicant prefers to
only be required to connect a service line from the main to the new home. The City Engineer denied
this waiver request.
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Item#10.
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. As mentioned above,all development is to be connected to the City of
Meridian water and sewer system,unless otherwise approved by the City Engineer. The City
Engineer has approved the waiver for the new house to be served by individual septic system
until a sewer line is extended south down N. Locust Grove Rd. To ensure the site develops as
proposed by the applicant, staff is recommending a development agreement as part of the
annexation approval.
B. Future Land Use Map Designation(https://www.meridianeity.org/eompplan)
The Future Land Use Map(FLUM)designates the property for Low Density Residential(LDR).
This designation allows for the development of single-family homes on large and estate lots at
gross densities of three dwelling units or less per acre. With one existing home proposed on 1.77
acres,the requested R-2 zone is consistent with the FLUM.
C. Comprehensive Plan Policies(https://www.meridiancity.orgIcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
• "Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City" (2. 01. 01 G).
The purpose of the proposed development is to annex and zone the property to R-2 to
consolidate two lots into one and build a single-family residence. Ada County directed the
applicant to annex because the property is directly adjacent to the City limits. The property is
surrounded by single family detached homes on greater than one acre lots. This annexation
will not change the existing character of the surrounding development and will add an
additional single-family home for the City of Meridian.
• Establish and maintain levels of service for public facilities and services, including water,
sewer,police,transportation, schools, fire,and parks" (3.02.01 G).
Staff finds that the existing conditions in this area create conditions that do not allow for this
property owner to connect to City sewer services as required by code at the present. Public
Works, Meridian Police Department and Meridian Fire have no objections to this one house
residential project. No other services should be affected as the existing access is to remain.
• 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. (3.03.0)
The property can be provided fire and police service.Neither agency expressed any
comments on this proposal.As mentioned above, the applicant was granted a waiver from the
requirement to hook to sewer until the sewer main is extended. The applicant's request to not
have to extend the water main all the way up E. Paradise Ln to the east property line was
denied.
D. Existing Structures/Site Improvements:
The property is presently vacant.
E. Proposed Use Analysis (UDC 11-2A-2)
Single family residences are a principally permitted use in the R-2 zone district.
Page 5 —
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Item#10.
F. Specific Use Standards(UDC 11-4-3):
UDC 11-4-3-13 allows only one single family residence per property.No future subdivision may
occur until this property is connected to both water and sewer.
G. Dimensional Standards(UDC I1-2):
The R-2 zone requires a minimum lot size of 12,000 sq. ft., 80' of street frontage, street setbacks
of 20 from a local street, 25' from an arterial, side setbacks of 7.5 per story, and rear setbacks of
15'. The concept plan as submitted indicates the proposed home meets these requirements.
H Access(UDC 11-3A-3, 11-3H-4):
Existing access occurs from E. Paradise Ln, a rural local street with no curb,gutter or sidewalk.
Future access will continue from E. Paradise Ln. ACHD noted they had no comments on this
proposal.
I. Parking(UDC 11-3C):
UDC 11-3C-6 requires at least 2 parking spaces per single family dwelling unit,with additional
parking spaces required for residences with more than 2 bedrooms. Parking will be ascertained at
time of building permit.
J. Sidewalks(UDC 11-3A-17):
There is existing sidewalk on the east side of N. Locust Grove Rd. Otherwise,the Heritage
Subdivision Filing One and Two reflects rural character and it does not appear any of the right of
way within this subdivision contains sidewalks (E. Paradise Ln.,E Star Ln.,N. Spangle Dr., E.
Freedom Ln). However,UDC 11-3A-17 does require sidewalks along both sides of the street,or
only one side of the street when the average lot frontage is more than 150'. ACHD has not
commented on this application regarding any additional improvements. The Planning
Commission and City Council should determine whether requiring sidewalk along the property
frontage should be required with the development agreement.
K. Landscaping(UDC 11-3B):
Per UDC 11-3B-2, a landscape plan shall be required for all development,redevelopment,
additions, or site modifications except detached single-family and secondary dwellings.
Therefore, a landscape plan is not required.
L. Waterways(UDC 11-3A-6):
No ditches or waterways traverse the property. This application was referred to both Nampa-
Meridian Irrigation District and Parkins-Nourse Irrigation Association.Neither expressed
concerns with this application.
M. Fencing(UDC 11-3A-6, 11-3A-7):
Any new fencing will be required to meet the standards of UDC 11-3A-7.
N. Utilities (UDC 11-3A-21):
Water is located along N. Locust Road to the N. Locust Grove Rd/E Paradise Ln intersection.
The applicant is required to extend the water main along Paradise Ln to the east property line to
serve future properties. The applicant has requested a waiver from this requirement with the
explanation that this would be cost-prohibitive, and not serve any other properties in the vicinity,
as the remaining adjacent properties to the east and south are remaining in Ada County and
already have wells. The applicant requests to connect only their property to the main via a service
line. The City Engineer denied this waiver.
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Item#10.
Sewer is currently in N. Locust Road about 1,400 feet north of the property. The applicant has
requested a waiver from UDC 11-3A-21 to not connect to City sewer at this time. The City
Engineer has approved this waiver request. Staff recommends the development agreement require
connection to public sewer when a main is extended along N. Locust Grove Rd near the adjacent
to the subject property.
O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Staff has not requested architectural elevations with this application. The applicant proposes one
single family residence.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation with the comments noted in Section VIII.
and per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on April 15, 2021. At the public
hearing.the Commission moved to approve the subject annexation request.
1. Summary of the Commission public hearing:
a. In favor: Ben Semple
b. In opposition: Eric Reece,Nicole Carr, Chris Ilgenfritz. Silvia Wilmock
C. Commenting: Ben Semple mentioned the applicant would seek a Council waiver from
requiring the extension of the water main to the east.
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Why are they extending water lines just for one project?
b. Is this the lowest density and would this allow more lots to be developed in the future?
C. Desire to keep the rural nature and do not want to see Cjty limits extended into their
area.
d. Concerns re a�g whether the infrastructure extension is setting p for more
development in their area.
3. Key issue(s)of discussion by Commission:
a. Comments about why they got rid of rural designations in the Citv.
b. Whether not requiring sidewalk would set precedent for future projects.
C. Clarified that any future development would require public hearings.
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Item#10.
d. Discussed whether it was reasonable to require the annlicant to extend the water main to
the east,or whether a service line was sufficient.
4. Commission change(s)to Staff recommendation:
a. Commission recommended the applicant not be required to extend the water main to the
east.
b Commission did not believe annlicant should be required to install sidewalk.
C. The Meridian City Council heard this item on May 18,2021.At the Public hearing,the Council
moved to approve the subiect annexation and zoning requests.
1. Summary of the City Council Public hearing_
a. In favor: Ben Semple
b. In opposition: None
c. Commenting: Ben Semple
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Whether a dead-end water main at the east property line would be a health issue.
b. Location and necessity of fire hydrant
c. Need for a sidewalk along E.Paradise Lane
4. City Council change(s)to Commission recommendation.
a. Affirmed a water main must be extended along E.Paradise Lane to the eastern Property
line and fire hydrant must be installed.
b. Required an asphalt Pathway be constructed along the E. Paradise Lane Property
frontage.
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Item#10.
VII. EXHIBITSSITE PLAN(DATE: 2/26/2021)
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Page 230
Item#10.
A. Annexation Legal Description and Exhibit(date: 2/3/2021)
ANNEXATION
ROBERTS PARCEL
LEGAL. US RIPTIO N
Lots 2 &3, Block 1, Heritage Subd ivislon No. 2, 5ituoted in the Smuthwe-st Quarter of the Northwest
Quarter of Section 32, T-uwnship 4 Worth, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as fc)llows:
COMMENCING at the Corner of Sections 30, 29r 32, & 31 monumented by a found aluminium cap as
de5crihed in CP&.F Instrument No. 111098253 at the intersection of E.McMillan Road and N_ Locust
Grave Road, from which the Quarter Corner cainmon to Sections 32 and 31 rx onumented by a found
aluminum cap as described In CP&F Instrument No. 102102462 at the intersection of E. Lelighfield Drive
grad N. Locust Grove Road bears, SouO 00"33' 8" �,hfest, 2,659.05 feet; thence SouthQ "33'Q$'°l est,
1,989.96 feet to tk�e POINT OF BEGINNING;
Thence along the Northerly Bound@ry of Loa 2, South 89`31"13" East, 287.63 feet to the Northwest
Co rr►er of Lot 4;
Thence along the Westerly Houndary of List 4, South 00"32'52" West, 325.00 feet to the Tenter Line of
E, Paradise lane;
Thence along said Center Line, North I9°31°13."West.287.65 feet-to the to the Irervter Une of N. Lcieust
Grove Road and the Westerly Ocundary of Section 32;
Thence N*rth 00-33'171$" East, 325.00 feet to Vic- POINT OF BEGINNING,
Containing 2.146 acres, more or less.
End of description
Prepared By,
Ronald M- Hodge �
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Page 11
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Item#10.
VIII. CITY/AGENCY COMMENTS
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. Future development of this site shall be generally consistent with the conceptual site plan
for the single-family dwelling included in Section VII and the provisions contained
herein.
b. When the sewer line is extended to the N. Locust Grove Rd/E. Paradise Lane
intersection,the existing septic system shall be abandoned and the applicant shall connect
the new residence to City sewer and pay any applicable sewer assessment fees at the time
of connection.
c. The existing well shall be abandoned,unless used to irrigate the property. The new
residence shall connect to City water and pay any applicable water assessment fees with
the building permit.
d. The applicant shall extend an 8-inch water main from the intersection of Locust Grove
and Paradise Lane along Paradise Lane to the eastern property line and a fire hydrant
shall be installed.
e. The applicant shall construct a detached asphalt pathway along their E. Paradise Ln
frontage.
£ Prior to building permit,the applicant shall vacate the 5-foot drainage,utility
construction and maintenance easement platted between the subject lots(Lots
2&3, Block 1 of the Heritage Subdivision No 2)and merge Lots 1 &2,Block 1
through a parcel boundary adjustment.
B. PUBLIC WORKS
2.1 Site Specific Conditions of Approval
2.1.1 Sewer is approximately 1,400 feet North on Locust Grove, it is a requirement of annexation
to connect to both City sewer and water. Any deferral or waiver to this requirement must be
provided in writing from the City Engineer.
2.1.2 Water must be extended into Paradise Lane to the East property line.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
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Item#10.
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-
feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated
via the plat,but rather dedicated outside the plat process using the City of Meridian's
standard forms. The easement shall be graphically depicted on the plat for reference
purposes. Submit an executed easement(on the form available from Public Works), a legal
description prepared by an Idaho Licensed Professional Land Surveyor,which must include
the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and
distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated
by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing
this document. All easements must be submitted,reviewed, and approved prior to
development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the
final plat by the City Engineer. Any structures that are allowed to remain shall be subject
to evaluation and possible reassignment of street addressing to be in compliance with
MCC.
2.2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with
Idaho Code 42-1207 and any other applicable law or regulation.
2.2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there
are any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
2.2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
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Item#10.
2.2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on
the final plat as set forth in UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a
plan approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
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Item#10.
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=224605&dbid=0&repo=MeridianC
i &ct--1
D. ADA COUNTY DEVELOPMENT SERVICES
https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=223933&dbid=0&repo=MeridianC
ky
E. NAMPA MERIDIAN IRRIGATION DISTRICT
https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=224834&dbid=0&repo=MeridianC
Lty
F. PARKINS NOURSE IRRIGATION ASSOCATION
https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=224834&dbid=0&repo=MeridianC
ky
IX. FINDINGS
A.Annexation and/or Rezone(UDC 11-5B-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 Council finds annexation of the subject site with an R-2 zoning designation is consistent with
the Comprehensive Plan LDR FL UM designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
The Council finds the size of the proposed house and lot will be consistent with the purpose
statement of the residential districts will be compatible with the low-density rural character.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The Council finds that the proposed zoning map amendment should not be detrimental to the
public health, safety, or welfare. The Council considered any oral or written testimony that may
be provided when determining this finding.
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 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.
5. The annexation(as applicable)is in the best interest of city
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Item#10.
The Council finds the proposed annexation is in the best interest of the City if the property is
developed in accord with City/Agency comments and recommended development agreement
provisions in Section VIII
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