Pfost Property AZ 07-005
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,00 25
BOISE IDAHO 07/19/07 01:32 PM
~~~~~~E~i~aRI~~tEST OF 111111111111111111111111111111111I111
Meridian City 11371132516
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Thomas and JoAnn Pfost, Owners
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this 2 n.!! day of V ~~ ' 2007, by and between City of Meridian, a
municipal corporation ofthe State ofIda 0, hereafter called CITY, and Thomas and JoAnn
Pfost, whose address is 1205 West Overland Road, Meridian, Idaho 83642, hereinafter called
OWNERS.
1.
RECITALS:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, 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, I.C. S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owners 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 Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owners have submitted an application for annexation
and zoning of the Property's described in Exhibit A, and has
requested a designation of R-2, Low Density Residential District
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 1 OF 11
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 19th day of June, 2007, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owners to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNERS deem it to be in their best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owners to enter into a development
agreement for the purpose of ensuring that the Property is developed
and the subsequent use ofthe Property is in accordance with the terms
and conditions of this development 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 j urisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6,2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration ofthe 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.
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 2 OF 11
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 ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERS: means and refers to Thomas and JoAnn Pfost, whose
address is 1205 West Overland Road, Meridian, Idaho 83642, the
party that owns and is developing said Property and shall include any
subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned R-2 (Low Density
Residential District), attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code ~ 11-2A-2 which are herein specified as follows:
Existing singlefamily residential home and accessory buildings in
the proposed R-2 zone on 1.99 acres. The pertinent provisions of the
City of Meridian Comprehensive Plan are applicable to this AZ 07-
005 application.
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 shall develop the Property in accordance with the following special
conditions:
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 3 OF 11
5.1.1. That the existing home on this property shall be required to connect to
City sewer within 6-months of service being available to this
property .
5.1.2. The applicant shall be responsible for all costs associated with sewer
service installation including payment of sewer assessments.
5.1.3. All future development ofthe subject property shall comply with City
of Meridian ordinances in effect at the time of development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owners or Owners' heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of Subject Property" of this agreement within
two years of the date this Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code 9 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owners consent upon default to the reversal of the zoning designation ofthe
Property subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owners and if the Owners fail to cure such failure
within six (6) months of such notice.
8. INSPECTION: Owners 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 Development Agreement and all other ordinances of the City
that apply to said Development.
9.
DEFAULT:
9.1 In the event Owners, or Owners' heirs, successors, assigns, or
subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all ofthe terms
and conditions included in this Agreement in connection with the
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 4 OF 11
Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owners of anyone or more of the
covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City
or apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owners's cost, and submit proof of such recording to Owners, 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.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners, 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.
12.1 In the event ofa material breach of this Agreement, the parties agree
that City and Owners shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 5 OF 11
12.2 In the event the performance of any covenant to be performed
hereunder by either Owners or City is delayed for causes which 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.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code 911-5-C, to insure that installation of the improvements, which
the Owners agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owners agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner has entered into an addendum agreement stating when the improvements
will be completed in a phased developed; and in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed, completed,
and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owners agrees to abide by
all ordinances of the City of Meridian and the Property shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
16. 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:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Thomas and JoAnn Pfost
1205 West Overland Road
Meridian, ill 83642
with copy to:
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 6 OF 11
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. 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 hereWlder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owners of the Property, 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, to execute appropriate and recordable evidence of termination of
this Agreement if City, in its sole and reasonable discretion, had determined that Owners has
fully performed its obligations under this Agreement.
20. 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.
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 7 OF 11
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owners and City relative to
the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owners 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
subj ect Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing( s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 8 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS
~J-j4
Thomas Pfost
OWNERS
CITY OF MERIDIAN
BY:~~
~~ 6:; Ci~ e~ ?-11-fl1
ATTEST:
PAGE 9 OF 11
STATE OF IDAHO, )
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County of Ada, )
On this 2roL day of '- TI \ \ , f ' 2007, before me, the
undersigned, a Notary Public in and for said State, pedonally appeared THOMAS PFOST,
known or identified to me to be the person who signed the 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.
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STATE OF IDAHO, )
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County of Ada, )
On this 2 rei day of T~ , 2007, before me, the
undersigned, a Notary Public in and for said State, pehonally appeared JOANN PFOST,
known or identified to me to be the person who signed the 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.
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DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 10 OF 11
STATE OF IDAHO )
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County of Ada )
On this 11-/1,- day of cful{:( , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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.
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DEVELOPMENT AGREEMENT (AZ 07-005 PFOST PROPERTY)
PAGE 11 OF 11
legal Description
PFOST PROPERTY ANNEXATION
A parcel for annexation purposes, being located in the NW % of the NW % of Section 24,
Township :3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at ,a 5/8 inch diameter iron pin marking the northwest comer of said Section
24, from which a 1/2 inch diameter iron pin marking the northeast corner of said NW % of
the NW % bears S 89045'00" E a distance 1327.78 feet;
Thence S 89045'00" E: along' the nQrtherly boundary of said Section 24 a distance of
800.20 feet to the POINT OF BEGINNING;
Thence continuing~IQng $aid northerly t>oundary S 89045'00" E a d,i~tanGe of ~~7.5a feet
to a 1/2 inch diameter iron pin marking the northeast corner of said NW % of the NW %;
Thence leaving said northerly boundary 50018'00" E along the easterly boundary of said
NVY % of the NW % a distance of 328.75 feet to a point;
Thence leaving said easterly boundary N 5r58'34" W a distance of 624.30 feet to the
POINT OF BEGINNING;
This parcel contains 1.99 acres and is subject to any easements existing or in Use.
Clinton W. Hansen, PLS
Land Solutions, PC
March 7, 2007
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MERIDIAN PUBLIC
WORKS OEPT.
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Pfost Property Annexation
Job No. 07-15
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Request of Annexation and Zoning of 1.46 acres from RUT (Ada
County) to R-2, by Thomas & Jo~ Plost.
Case No(s). AZ-07-00S
For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5,2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5,2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 5,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 5, 2007, 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. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02~382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11~5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-005 Page 1 on
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the provisions of the
Development Agreement contained in the attached Staff Report for the hearing date of
June 5, 2007, 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 Annexation as evidenced by having submitted the legal description and
exhibit map stamped and dated March 7, 2007 by Clinton Hansen, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
June 5, 2007, incorporated by reference.
D. Attached: Staff Report for the hearing date of June 5, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-005 Page 2 00
By action of the City Council at its regular meeting held on the I r~ day of
~~ .2007.
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED*
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
Attest:
SEAL
William G. Berg, Jr., City C ~ y.~ ,t:I ff
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~ "1:~ r 18'- ,.0 .$
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Copy served upon Applicant, The Plannini~. bif~ Works Department and City
1III/IIll1l\1\\\\
Attorney.
B~~
City Clerk
Dated: lD-2.LD-o,
CJTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.07.Q05 Page 3 of3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF JUNE 5,2007
SUBJECT:
Hearing Date: June 5, 2007
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Pfost
· AZ.07 -005
Annexation and Zoning of 1.46 acres from RUT (Ada County) to
R-4 ~ (M_tuB. Low-Density Residential).
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STAFF REPORT
TO:
FROM:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Thomas and JoAnn Pfost, have applied for Annexation and Zoning (AZ) to R-4
(Medium Low-Density Residential) of 1.46 acres of property currently zoned RUT in Ada County.
The site is located at 1205 W. Overland Road on the south side ofW. Overland Road, approximately
". mile east of S. Linder Road. This site is currently improved with one single-family residential
home and accessory outbuildings. The subject request for annexation is based upon the fact that the
well that services this home is located in the path of the Overland Road widening project. For this
reason, the applicants are requesting annexation to hook up to city water. This property is within the
City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits.
2. SUMMARY RECOMMENDATION
The subject application (AZ) was submitted to the Planning Department for review. Below, staff
has provided a detailed analysis, comments, and recommended actions for the requested AZ
application. Staff is recommending approval of the Pfost Annexation and Zoning (AZ~"()05)
request as presented in the staff report for the hearing date of May 3, 2007, based on the
Findings of Fact listed in Exhibit D of this staff report.
The Meridian Planninl! and Zoninl! Commission heard this item on Mav 3. 2007. At the Dublic
hearinl! the Commission voted to recommend aooroval.
a. Summarv of Commission Public Hearinl!:
i. In favor: Thomas Pfost (Owner/Aoolicant)
ii. In ooposition: None
ill. Commentinl!: None
iv. Written testimonv: None
v. Staff oresentinll aoolication: SonYa Watters
vi. Other staff commenting: on aoolication: None
b. Kev Issues of Discussion bv Commission:
i. ~
c. Kev Commission Cbanees to Staff Recommendati09:
i. None
d. Outstandinll Issue(s) for City Council:
i. None
The Meridian Citv Countoil heard these items on .Tune 5. 2007. At the oublic hearing thev
aooroved the subiect AZ reauelit with an R.2 zoninp' destlmation.
.a.. SlImmarv of Citv Council Public Hearing:
1. In favor: Thomall Pfost (Owner/ADolicantl
n. In onnosition: None
Pfost AZ-07 -005
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR 1HE HEARING DATE OF ruNE 5, 2007 _
iii. CommentfrUl: Nnne
iv. Written te!itimonv: None
v. Staff Dresentfnl' anolicatfon: Anna Canninl'
vi. Other Itaft' commentinp. on aDDlic.tion: None
.b. Kev 1IIIIelii nfDilcullinn bv Counr.iI:
i. Prnvidinl! water service to the nronertv witbout annexation
ii. Annexatinn of the ornnertv with an R-2 znne indead of R-4 zone
~ Kev Coundl Chanp'eI to Cnmmi!llion Recnmmendatinn:
i. ~
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-07~
005 as presented in the staff report for the hearing date of June 5, 2007, with the following
modifications: (Add any proposed modifications)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ~07-005 as
presented dwing the hearing on June 5, 2007: (please state specific reasons for denial of the
annexation request)
Continuance
After considering all staff. applicant and public testimony, I move to continue File Number AZ-Q7-
005 to the hearing date of (insert continued hearing date here) for the following reason(s): (State
specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1205 W. Overland Road (parcel #SI224223105)
Section 24. Township 3 North, Range 1 West
b. Owner:
Thomas and JoAnn Pfost
1205 W. Overland Road
Meridian, ID 83642
c. Applicant/Representative: Same as Owner
d. Present Zoning: RUf (Ada County)
e. Present Comprehensive Plan Designation: Mediwn Density Residential
f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the
City with an R4 zone.
g. Applicant's Statement/Justification: "We are requesting annexation into the city so that we can
hook-up to city water. Our well is currently in the path of the widening project of Overland
Road." (See applicant's narrative submitted with application.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By
Pfost AZ-07-005
PAGE 2
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARIN'G DATE OF JUNE 5 2007
,
reason of the provisions of the Meridian City Code Title II Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: Apri1161h, 2007 and April 30th, 2007 (Commission); Mav
14tll, 2007 and Mav 28th. 2007 (City Council)
c. Radius notices mailed to properties within 300 feet on: April 5th, 2007 (Commission); Mav Uth.
2007 (Citv Council)
d. Applicant posted notice on site by: April 27lh, 2007 (Commission); Mav 26th. 2007 (Citv
Council)
6. LAND USE
a. Existing Land Use(s): There is an existing home and associated outbuildings on the subject site.
b. Description of Character of Surrounding Area: The area surrounding the subject property consists
of rural residential properties and vacant undeveloped land.
c. Adjacent Land Use and Zoning:
1. North: Vacant property, zoned I-L
2. East: Rural residential property, zoned RUT in Ada County
3. South: Rural residential property, zoned RUT in Ada County
4. West: Rural residential property, zoned RUT in Ada County and Christian Family Matters
Church, zoned R-8
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is not available yet.
Location of water: The applicant has already connected to City Water.
Issues or concerns: Ensuring the applicant connects to City sewer when it becomes
available.
2. Vegetation: NA
3. Floodplain: NA
4. CanalslDitches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this
property develops.
5. .Hazards: Staff is unaware of any hazards associated with this property.
6. Proposed Zoning: R-4 (Medium Low-Density Residential)
7. Size of Property: 1.46 acres
f. Subdivision Plat Infonnation: The applicant has not submitted a preliminary plat, or a concept
plan for this property, with the subject annexation application. Staff believes that the applicant
does not intend to further develop this property in the near future.
g. Landscaping:
1. Width of street buffer(s): Upon development of this property, a 25.foot wide landscape street
buffer will be required adjacent to W. Overland Road, an arterial roadway per the UDC.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2001
2. Width ofbuffer(s) between land uses: Upon development of this property, a buffer between
land uses may be required, depending on the future use of the property.
h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing
to develop/plat this property at this time. Access to this site is currently provided from one
driveway to Overland Road. No new access points are proposed or approved with this
application.
7. COMMENTS MEETING
On April 13, 2007 a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, and the Sanitary Services Company. These
agencies did not submit comments on this application as no development is proposed at this time and
the use of the property is not changing.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map_ Medium density residential areas are anticipated to contain single family residences at
densities from three to eight dwelling writs per acre (see Page 99 of the Comprehensive Plan.) Staff
recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when detennining the most appropriate zone for this property.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the subject property (staff analysis in italics below policy):
· Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal m, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
>>- Sanitary sewer and water service will be extended to the project at the applicant's
expense.
>>- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department. who currently shares resource and personnel with the Meridian Rural Fire
Department.
};o The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be seMJiced by the Meridian Police Department (MPD).
};o The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
>>- The subject lands are currently serviced by the Meridian School District No.2. This
service will not change.
};o The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR mE HEARING DATE OF JUNE 5 2007
· Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is not proposing any new land use for this property. Staff believes that the
existing single-family home is compatible with the other residences in this area.
· Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condOminiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV,
Objective C, Action 10)
The subject application I'ncludes a request for the R-4 zoning designation. The
Comprehensive Plan Future Land Use Map designates all of the properties in this vicinity on
the south side of Overland Road as Medium Density Residential. Staff finds that the requested
zoning designation is generally consistent with the Comprehensive Plan designation for this
property, the future land use designated for other properties in this vicinity, and further
enhances the variety of zoning designations south of the interstate.
Staff finds that the proposed R-4 zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan.
9. WNING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use
in the R4 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation;
AZ Application: As mentioned above, the subject property is proposed for annexation because
the well serving the existing home is located within the Overland Road widening project and the
residence needs to be hooked up to city water. There is no additional development planned for
this property at this time.
Based on the policies and goals contained in the Comprehensive Plan, the future land use
designation of Medium Density Residential for this property, and the widening of Overland Road,
Staff believes that the requested annexation and R-4 zone is appropriate for this property. Please
see Exhibit B for detailed analysis of the required facts and fmdings,
The annexation legal description submitted with the application (stamped on March 7,2007 by
Clinton Hansen, PLS) shows the property as contiguous to the existing coxporate boundary of the
City of Meridian.
Development Agreement: UDC II-SB-3D2 and Idaho Code ~ 6S-671IA provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all futme uses. In anticipation of this
application being approved, the applicant has already paid the required water hook-up fees
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
for the aisting residence and heen hooked up to City water. Because sewer is not currently
available to this property, stalris recommending that a Development Agreement be
required to ensure that when sewer is available to this property that the home be required
to hook up at that time. If the Commission or Council feels additional development agreement
requirements are necessary, staff recommends a clear outline of the commitments of the
developer being required.
A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at the time of annexation ordinance adoption). The
applicant shall contact the City Attorney, Bill Nary, at 8884433 within 3 months of
Council approval to initiate this process. The DA shall include, at minimum, the following:
· That the existing home on this property shall be required to connect to City sewer
within 6-months of service being available to this property.
· The applicant shall be responsible for all costs associated with sewer service installation
including payment of sewer assessments.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
b. Staff Reconunendation: Staff recommends that the subject property be annexed into the
City with aD R-4 zoning designation and requirement of a Development Agreement per the
comments listed in Exhibit B of this staff report. The Meridian Planninl! and Zonin!!'
Commission heard this item on Mav 3. 2007. At the Dublic hearin!! tbe Commission voted to
recommend aDDroval. The Meridian City Council beard these items on .June S. 2007. At the
nuhli~ hearin!! tbev aooroved the suhieet AZ reODest with an R-2 zonin!! deshmation.
11. EXHIBITS
A. Legal Description & Exhibit Map
B. Planning Department Comments
C. Required Findings from Unified Development Code
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3,2007
A. Legal Description & Exhibit Map
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PFOST PROPERJY ANNEXATION
A I*aeI fOr anneJ8IIon purposes, bH'G located in Ihe NW " dIM NW % of Sec:tion 24,
Township 3 Nofth. Range 1 West. BoIN MerIdian, Me County, Idaho. and more
p8fticuIaItr deeGribed as follows:
ConvnencIn9 at a 518 Rh dilmill Iron'" marking the norIhl'J8Bt comer of said Section
24, from which a 1fllnctl dlamelet Iron pin martdng the ncd lilt comer of said NW % of
the WN" beam S 88-46'00" E a di8t8noe 1327.78 feet
Thence S "46'00" E .1cIng the northet1y boundary of uid SectIon 241 a distance of
800.20 feet to the POINT OF BEG_NG;
Thenoe c:onUnulng alcq I8id narthefIy boundary S "45'00" E . distance of 527.58 feet
to . 112 Inch dlamMBr iran pin marIdng the northeest comer oIl11id NW "of the NW %;
1'henaI188vtng 88Id narthIrti boundary S 0.18'00" E along the eBItIrfy boundary of said
tMJ l' of the WI % 8 dlltance of 328.75 feet to a pmt;
Thence IeaW1g said ...., boundary N Sr58'34. Wa dlMaI1ce t:I 824.30 feet to the
POINT OF ~~""NG:
This PIIf'C8I GOnt8ins 1.88 8CrBB end.. Ujectto any 98Ba.... _ling or In use.
COnlon W. H......., PLS
Land SOlIIIonI, PC
March 7,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007
B. Planning Department Comments
1. The annexation legal description submitted with the application (stamped on March 7, 2007 by
Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
2. A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at the time of annexation ordinance adoption). The
applicant sbaII contact the City Attorney, Bill Nary, at 888-4433 within 3 months of
Council approval to inidate this process. The DA shall include, at minimwn, the following:
· That the existing home on this property shall be required to connect to City sewer
within 6-months of service being available to this property.
· The applicant shall be responsible for all costs associated with sewer service installation
including payment of sewer assessments.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
B-1
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR nm HEARING DATE OF MAY 3,2007
C. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from tbe CODlDlission, tbe Council sball make a full investigation
and sball, at tbe public bearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all ofthe subject property to R-4. The Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan: however. Coundl finds that annexin!! the propel1'v with an R-2 zone
would be more approoriate for this property. Please see Comprehensive Plan Policies and
Goals, Section 8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The Council finds
that future development of this property should comply with the established regulations and
purpose statement of the &4 ~ zone.
c. The map amendment shall Dot be materially detrimental to the public health, safety,
and welfare;
The Council fmds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on any
oral or written testimony that may be provided when detemrining this finding.
d. The map amendment shall not result in an advene 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 fmds 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.
b. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The Council [mds that the annexation and zoning of this property to &4 R-2 would be in the
best interest of the City.
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