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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 Page 208 Item#10. 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 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 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 Page 211 Item#10. 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 Page 212 Item#10. 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 Page 213 Item#10. 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 Page 214 Item#11. 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 0. 57 0 Z.015--Lb �p �4' Of 4 P Cy'v RH;tc 410 M. 680 S. Progress Ave,,Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer rncMl9lan�koad - ANNEXATION MAP IP _ I I 77 LEGEND I I I I I I I ANNEXATION LIME , y , I S ECT7N� I_ + _ .l s MERIDIAN CITY LIMITS ANNEXATION AREA II - - I I I I M1iERPQIAN CITE'LIMITS I P I r - —car sane — r{ 1_ITI t I —TOki� I No- 5I — I E IDIAN CITY LIMITS-— — 32=L•elghfl Urlv—e_— — — NOTE THIS CR WING IS R VISUAL REFERENCE ONLY. 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 Item#10. 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 Item#10. 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 � I ■ ■ H 11■1 - ���•� •;J k _11111 SHIM nNl IU - - ■ ■ 11 C � ay -a'- ■ _ — ■ - ` 'tea _ 11-ul _ ?z a wu M. ■ �■■■■ um I� rum 1 IIINIIIII - a � u• u�iiii -� aC'7- sm on S3 on ---- -- INN = nl�� mllni ■■ m MII�' �� 1 11 1 ■� MumIN�Ii ■ "� in _ - 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. Page 4 Page 225 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 — Page 226 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. Page 6 Page 227 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. Page 7 Page 228 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. Page 8 Page 229 Item#10. VII. EXHIBITSSITE PLAN(DATE: 2/26/2021) nanr.M M6'aam eHlJn}' ki !Rl4R4[Mr I J --Fn MClr1YANM[eVi a `- — I ' I I I i i EG15F1 I _ II Fi.^ii5'IR I j I yrt'• I I I � I I '•.�4 I, � L I t I I T j I I j I I �de�iae _ � 1k'LYLYL YL�k�ytiy,,YLYLYl L��Iyy'i'{';{�;. I I t�ifi Yi{{{{{i[iCc' •s} ))} I CfEny gLYT!■ j'}'}'l}l}l}A'}A}A}A} 171?S7 dd�f d Kadadd4.a I ' � RmO.ndn�lill" P i�i tea. I 1 i _I I !ci%�:r < <'•: :f;. :�v.k%:4'= — I aa��ieaeeean ra r. I LOT LIFO iO 9E FA}',7h== I °if?sa� 1Y.Rx. ..... I � } I��t� Wli 4aaaa [lc I Cg I I 'dtidc:dc:dc:dddc:dd dd I I I �ucxtt..anu �rr ,,rcxcxtYc�+ �.^.�.d2la^.24 a"S�. I ' «ytitc. � 'dc:dadti/dti �e4��'ii K It lc5l N{, : ib>'xa.sa ya2 W '3 Sr'.ySc I I.r I i� ah �a I q` ' a`pa .,x SIR a` uaesmr t xursn' PAPADISE LN 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 � 7 . 4j Page 10 Page 231 rncMl9lan�koad - ANNEXATION MAP IP _ I I 77 LEGEND I I I I I I I ANNEXATION LIME , y , I S ECT7N� I_ + _ .l s MERIDIAN CITY LIMITS ANNEXATION AREA II - - I I I I M1iERPQIAN CITE'LIMITS I P I r - —car sane — r{ 1_ITI t I —TOki� I No- 5I — I E IDIAN CITY LIMITS-— — 32=L•elghfl Urlv—e_— — — NOTE THIS CR WING IS R VISUAL REFERENCE ONLY. Page 11 Page 232 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 Page 12 Page 233 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. Page 13 Page 234 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 Page 14 Page 235 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 Page 15 Page 236 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 Page 16 Page 237