Amar @ Wapoot AZ 07-007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25
BOISE IDAH010116107 11:32 AM
DEPUTY Bonnie Oberbillig III IIII'IIIII'IIIII~I'II'lll'I'III III
RECORDED-REQUEST OF 111
Meridian City 107141992
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kevin Amar, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this ~z~y~~' day of Sc,'hlGti Y ~ Y~c L. , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and Kevin Amar, whose
address is 2400 W. Wapoot, Meridian, ID 83646, hereinafter called OWNER.
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 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. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner 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 the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner has submitted an application for annexation and
re-zoning of the Property described in Exhibit A, and has requested a
designation of (R-4) Low Density Residential District, (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, Owner 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 07-007 AMAR @WAPOOT)
PAGE 1 OF 9
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 28~' day of August, 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 Owner to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER deem it to be in his 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 Owner 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 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 jurisdiction 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 City Code 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:
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 2 OF 9
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 Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER: means and refers to Kevin Amar, whose address is 2400
W. Wapoot Drive, Meridian, Idaho 83646, the party that owns said
Property and shall include any subsequent owner(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-4 (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 City
Code Section 11-2A which are herein specified as follows:
No additional development is planned for this property at this time.
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. Owner shall develop the Property in accordance with the following special
conditions:
5.1.1 The Applicant shall be responsible for all costs associated with
sewer and water service installation including payment assessments.
5.1.2 All future development of the subject property shall comply with
the City of Meridian ordinances for the R-4 district in effect at the
time of development.
5.1.3 That the east property line be considered a front yard for setback
purposes and the remaining property lines be considered side yards
for setback purposes.
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 3 OF 9
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 Owner 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 § 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner consent upon default to the reversal of the zoning designation of the
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 Owner and if the Owner fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: Owner 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 Owner, or Owner's 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 of the terms
and conditions included in this Agreement in connection with the
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 Owner of any one 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.
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 4 OF 9
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's
cost, and submit proof of such recording to Owner, 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 the City or Owner, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement maybe 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 of a material breach of this Agreement, the parties agree
that City and Owner 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 parry 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 maybe necessary to complete the curing
of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner 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
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 5 OF 9
under Meridian City Code, to insure that installation of the improvements, which the Owner
agree to provide, if required by the City.
14. ABIDE BY ALL CITY ORDINANCES: That Owner agree 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.
15. 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER;
Kevin Amar
2400 W. Wapoot
Meridian, Idaho 83646
15.1 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.
16. 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.
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 6 OF 9
17. 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.
18. 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 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 Owner, to execute appropriate and recordable evidence of termination of
this Agreement if City, in its sole and reasonable discretion, had determined that Owner have
fully performed its obligations under this Agreement.
19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner 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 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.
20.1 No condition governing the usesand/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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 7 OF 9
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
Attest:
.h
CLERK
By
MAYO MMY de WEERD
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DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 8 OF 9
CITY OF MERIDIAN
STATE OF IDAHO, )
ss
County of Ada, )
On this day ofA~, 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared Kevin Amar, known or identified to me the
person who signed this agreement, 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.
lt~~~t1411i~i, i; l(r; ~~~~,f,
scow: ~,
Notary Public for Idaho
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,,"~~'' "''°4g4R•' `;~,~> My Commission Expires: 3 - ~-3-r ~
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STATE OF IDAHO )
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County of Ada )
On this day of Cam`'(`{-c"~ ~-< t - , 2007, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and City 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.
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(SEAL) ; ~~ Notary Public for Idaho
Residing at: ~ ~ ~ LC ~~~E~ ~~~
;~,~•,, ,% ; Commission expires: /~ --/ 3
DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT)
PAGE 9 OF 9
~~_ ~_
~A H O 1450 East Watertower St.
Suite 150
SURVEY Meridian, Idaho 83642
GROUP Phone (2os) s46-850
Fax (208) 884-5399
Apri14, 2007
Amar Annexation Description
A parcel of land located in the NE 1/4 of the SW 1/4 of Section 26, T.4N., R.IW.,
B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the
Northeast corner of Lot 8, Block 7 of Fulfer Subdivision No. 3, as same is recorded in
Book 92 of Plats at Page 10888, records of Ada County, Idaho;
Thence along the exterior boundary of said subdivision North 89°09'33" West,
365.90 feet;
Thence North 00°37'07" East, 185.90 feet;
Thence South 89°09'33" East, 365.90 feet to the Southeast corner of Lot 17,
Block 7 of said Fulfer Subdivision No. 3 lying on the West boundary of Lochsa Falls
Subdivision No. 5, as same is recorded in Book 88 of Plats at Page 10134, records of Ada
County, Idaho;
Thence along said West boundary South 00°37'07" West, 185.90 feet to the Point
of Beginning. Containing I.56 acres, more or less.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 1.56 acres from RUT (Ada County) to R-4
(Medium Low Density Residential), for Amar @ Wapoot by Land Pro Development, Inc.
Case No(s). AZ-07-007
For the City Council Hearing Date of: August 14, 200? (Findings on the August 28, 2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 14, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 14, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
14, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 14, 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 6S, Title 67, Idaho Code (LC. §67-6503).
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-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-007
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, all in the attached Staff Report for the hearing date of August
14, 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Annexation request as evidenced by having submitted the legal
description stamped on April 4, 2007 by D. Terry Peugh and exhibit map, is hereby
conditionally approved;
2. The property described in the Annexation & Zoning legal description shall be zoned R-
4 asapproved by the City Council; and
3. A Development Agreement is required with approval of the subject annexation &
zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of August 14, 2007, incorporated by reference.
D. Attached: Staff Report for the hearing date of August 14, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-007
By action of the City Council at its regular meeting held on the
~, 2007.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
Z~ ~ day of
VOTED ~~--
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VOTED__~7~~
VOTED_~~~~
TIE BREAKER ~---~''
MAYOR TAMMY de WEERD VOTED
MAYp~I~T de WEERD
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ATTEST: ,~ ~~. ~..
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WILLIAM G. BERG JR., I CLERK. 'a ~ t ~'
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Copy served upon: /~pplicant
--w'" /Panning Department
__~/~,,r~ublic Works Department
/ City Attorney
By: Dated: ~' 2a1 " ~,
Crty Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
STAFF REPORT
Hearing Date: 8f 14/2007
TO: Mayor & City Council
FROM: Amanda Hess, Associate City Planner
208-884-5533
SUBJECT: Amar @Wapoot
• AZ-07-007
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Annexation and Zoning of 1.56 acres from RUT (Ada County) to R-84 {Medium
Low Density Residential)
1. SUMMARY DESCRIPTION OF AFPLICANT'S REQUEST
The Applicant, Land Pro Development, Inc., has applied for Annexation and Zoning (AZ) to R-8
(Medium Density Residential) of 1.56 acres of property currently zoned RUT in Ada County. The
Applicant requests annexation to hook up to city water and sewer services.
The site is located at 2400 W. Wapoot Drive generally north of W. McMillan Road, approximately '/z
mile west of N. Linder Road. This site is currently improved with asingle-family residential home and
accessory outbuildings. 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 Amar @Wapoot Annexation and Zoning (AZ-07-007) request as
presented in the staff report for the hearing date of June 21, 2007, and based on the Findings of
Fact listed in Exhibit D. The Meridian Planning and Zoning Commission beard this item on July 5.
2007. At the aublic hearing. the Commission voted to recommend aonroval.
a. Summary of Commission Public Hearing:
i. In favor: Kevin. Amar (Property Owner /Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Amanda Hess
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
d. Outstanding Issue(s) for Citv Council:
i. None
he Meridian City Council heard this item on August 14.2007. At the public .hearing they
iect A7, request with an R-4 zone. 'nstead of R-$ as requested by the AnnLicant_
g. Summary of Citv Council Public HesrinQ:
Amaz @Wapoot - AZ-07-007 Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
i. in f avor: Kevit~Att>~AnDlicantlOw_n_erl
ii. In Q I?nosition: None
iii. Co rnmentin¢: one
iv. Wri tten testimonv: None
v.
vi. Oth er staff commenting on application; None
ji, Kev Iccnec of Discns~n by Council:
i. Co
_ mnatibi ity of proposed R-8 zone with adiacent properties zoned R-4:
_. _ __ __
ii. Fut ure redevelopment of the pro
~, Kev Counc 1 Chanpec to Staff/ ommission Reco mendation
i. The west ~tt4l2~y line shall be considered a side yard for setback nurooses:
ii. Thy pronertv shall be annexed with an R-4 zone, instead of R-8 as requested by the
~ ~-~
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-
007, as presented in the staff report for the hearing date of August 14, 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-07-007,
as presented during the hearing on August 14, 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-07-
007 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:
2400 W. Wapoot Drive (Parcel No. 50426314910)
Section 26, Township 4 North, Range 1 West
b. Owner:
Kevin Amar
2400 W. Wapoot Drive
Meridian, ID 83646
c. Applicant's Representative:
Shannon Moser
Land Pro Development, Inc.
2364 S. Titanium Place
Meridian, ID 83642
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Medium Density Residential
Amaz @Wapoot - AZ-07-007 Page 2
CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
f. Description of Applicant's Request: The Applicant is requesting annexation and zoning into the
City with an R-8 zone.
g. Applicant`s Statement/Justification: "I, Kevin Amar, owner of 2400 W. Wapoot Dr., would like
to annex into the City of Meridian in order to connect to City water and City sewer." (See
Applicant's narrative submitted with application.)
5. PR(3CESS FACTS
a. The subject application will, in fact, constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. Newspaper notifications published on:
June 4, 2007, & June 18, 2007 (Planning & Zoning Commission)
July 23.2007, & August 6, 2007 (City Council)
c. Radius notices mailed to properties within 300 feet on:
May 30, 2007 (Planning & Zoning Commission)
July 20, 2007 (City Council]
d. Applicant posted notice on site by:
June 25, 2007 (Planning & Zoning Commission)
August 4, 2007 (City Councill
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 City residential properties within platted subdivisions.
c. Adjacent Land Use and Zoning:
1. North: Single-family residential (Fulfer No. 3 Subdivision), zoned R-4 & R-8
2. East: Single-family residential (Lochsa Falls No. 5 Subdivision), zoned R-4
3. South: Single-family residential (Fulfer No. 3 Subdivision), zoned R-4
4. West: Single-family residential (Fulfer Nos. 5 & 7 Subdivisions), zoned R-4 & R-8
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is stubbed out to the north of the property located west of 2443 W.
Ditch Creek Drive
Location of water: Site is currently serviced by city water.
Issues or concerns: None
2. Vegetation: Existing trees on-site proposed to remain
3. Floodplain: N/A
4. Ganals/Ditches Irrigation: All irrigation ditches, laterals, and canals should be tiled.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
5. Hazards: NIA
6. Proposed Zoning: R-8 (Medium Density Residential)
7. Size of Property: 1.56 acres
£ Subdivision Plat Information:
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): The subject property fronts N. Goddard Creek Way, a local street.
An existing 20-foot wide landscape buffer with detached sidewalks is already provided on
this property along N. Goddard Creek Way.
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 two drives; one driveway to N. Goddard Creek Way
and one driveway to W. Wapoot Drive. No new access points are proposed or approved with this
application.
7. COMMENTS MEETING
On May 18, 2007, a joint agency and departments meeting was held with service providers in this area.
The agencies and departments present included: Meridian Fire Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Only the Meridian Fire
Department elected to 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 units 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 determining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
subject property (staff analysis in italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide Ciry services to the
subject property. The Ciry of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
- Sanitary sewer and water sen~ice 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.
- The subject lands currently lie within the jurisdiction of the Ada County Sheri,Jf's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
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CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACRD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- 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.
• Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
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.
• Chapter VII, Goal N, Objective C, Action 10 - 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.
The subject application includes a request for the R-8 zoning designation. The Comprehensive
Plan Future Land Use Map designates this property as Medium Density Residential. Staff finds
that the requested zoning designation is generally consistent with the Comprehensive Plan
designation for this property and the existing land uses of other properties within the vicinity.
Staff finds that the proposed R-8 zoning designation is generally harmonious and in accordance with
the City's Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use
in the R-$ 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 property owner wishes to be hooked up to City water and City sewer. There is no additional
development planned for this property at this time.
Based on the policies and goals contained in the Comprehensive Plan and the future land use
designation of "Medium Density Residential" for this property, Staff believes that the requested
annexation and R-$ zone is appropriate for this property. Please see Exhibit D for detailed
analysis of the required facts and findings.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
The annexation legal description submitted with the application (stamped on Apri14, 2007, by D.
Terry Peugh, PLS} shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
Development Agreement: UDC l l -5B-3D2 and Idaho Code § 65-6711 A 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 future uses. 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 888-4433 within 3 months of
Council approval to initiate this process. The DA shall include, at minimum, the following:
• The Applicant shall be responsible for all. costs associated with water and sewer service
installation including payment of sewer assessments.
• All future development of the subject property shall comply with City of Meridian
ordinances for the R-8 district in effect at the time of development.
b. Staff Recommendation: Staff recommends approval of the subject AZ application per the
comments listed in Exhibit B of this staff report. The Meridian Planning and Zonin¢
Commission heard this item on July 5, 2007. At the aublic hearing the Commission voted to
recommend approval. he Meridian ~itv Conncii heard thic item on ALgust 14 2007 At
the nnb is hearing thev annroved he c obi t 7, request wi h an R-4 gone 'nstead o~,~f R-8~as
v the Ann icant
11. EXHIBITS
A. Legal Description & Exhibit Map
B. Agency Conditions /Comments
C. Required Findings from Unified Development Code
Amar @ W apoot - AZ-07-007 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
A. Legal Description & Exhibit Map
IDAHO
SURVEY
GROUP
Amar Aontxation Descrtptioe
1450 East YYatertovver Sc
s,sce i so
Mer+dhn. k~o 33642
~h~ons (206). 646-8570
ran ('206) 884-5399
Aptil 4, 2407
A parcel of land Located in the NE 114 of the SW 1!4 of Section 26, T.4N., R.1 W.,
B.M., Ada. County, Idaho, more particularly describexi as follows: BEGllYMNC st the
Northe:si corner of Lot 8,131oc1c 7 of Fu}fcr Subdivision Na. 3, as same is recorded in
Book 42 of Plats at Page 10888, r~ords of Ada County, Idaho;
Thence along the exterior boundary of said subdivision Ivortlt 851°04'33" West,
365.90 feet;
Thence North 00!(1°37'07" Fast, 185.90 fact;
Thence South 89°04'33" Fast, 365.90 fact to the Southeast corner of Lot 17,
Block 7 of said Futftr Subdivision No. 3 lying on the West boundary of Lochsa Falls
Subdivision No. 5, as same is txxx-rded in Book 88 of Plats al Fage 10134, ra;ords of Ada
County, Idaho;
`t'hcmce along said West boundary South QO°37°OT' West, 1$5.30 Ceet to tlx Point
of Bcginnin8. Containing 1.56 aer~, mare or less.
Prepared I3y:
Idaho Survey Group, P.G.
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ll. Terry Peugh, PLS
Pra fnss/onarf Lrtnd Surveyors
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF AUGUST 14, 2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR. THE HEARING DATE OF AUGUST 14, 2007
B. Agency Conditions 1 Comments
1. PLANNING DEPARTMENT
1.1 The annexation legal description submitted with the application (stamped on April 4, 2007, by D.
Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
1.2 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 shall
contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to
initiate this process. The DA shall include, at minimum, the following:
• The Applicant shall be responsible for all costs associated with sewer service installation
including payment of sewer assessments.
• The Applicant shall comply with all City of Meridian Public Works and Fire Department
requirements outlined in the associated staff report for the Amar @ Wapoot annexation.
• All future development of the subject property shall comply with City of Meridian
ordinances in effect for the R-84 zone at the time of development.
• The west nronerty line c all he considered a aisle vArd fnr setback nurnoses.
2. PUBLIC WORKS DEPARTMENT
2.1 This property is currently served by city water and sewer. Both services are stubbed out to the
property. Coordinate size and routing with Public Works.
2.2 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.3 The Applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project. If it is to
be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted
prior to scheduling of apre-construction meeting.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC I1-3A-6). The Applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-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 signature on the
final plat by the City Engineer.
2.5 Meridian Public Works specifications do not allow any large landscaping within afive-foot
radius of water meters. The Applicant shall make the necessary adjustments to achieve this
separation requirement and comply with all landscape requirements.
2.6 Any existing domestic wells andlor septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross, or lie within the area being developed, shall be tiled. Plans will need to be
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The Applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.9 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.10 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.
2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.14 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.
2.15 The 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.
3. MERIDIAN FIRE DEPARTMENT
3.1 One- and two-family dwellings not exceeding 3,600 square feet will require afire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One- and two-family
dwellings greater than 3,600 squaze feet and greater will require a minimum fire flow as specified in
Appendix B of the International Fire Code. Fire hydrant spacing shall be provided as required by
Appendix C of the International Fire Code.
3.2 Any roadway greater than 1.50 feet in length that is not provided with an outlet shall be required
to have an approved tum azound. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 All common driveways shall be straight ar have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.S Operational fue hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required before combustible construction is brought on site.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007
3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29-foot street width shall have no
parking. Streets with less than a 33-foot street section shall have parking only on one side. These
measurements shall be based on the back of curb dimension. The roadway shall be able to
accommodate an imposed load of 75,000 GVW.
3.7 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.8 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m} from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.9 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 200'7
C. Required Findings from Unified Development Code
1. Annexation 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:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to zone all of the subject property to R-8. The Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see "Comprehensive Plan Policies and Goals -Section 8" of the
staff report; however, decided that the R-4 zone would be more appropriate for this property.
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 R-84 zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff and the Commission recommend the Council rely on any oral
or written testimony that may be provided when determining this finding.
d. 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.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The Council finds that the annexation and zoning of this property to R-4 would be in the best
interest of the City.
c