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B1 AZ 09-006ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 35 BOISE IQAHO 04/04/12 12:45 PM REC RDEDa'REQUEST OF III IIIIIIIIIIIIIIIIIIIIIiiIIIIlIII III Meridian Ciry i i ~03E~~ i 3 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. B 1, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT this Agreement), is made and entered into this 3 day of r , ?~~9~' b2 an~between Ci of M ' ' .. ~ y ty cridian, ~ municipal corporation of the State of Idaho, hereafter called CITY, and B 1, LLC whose address is PO Box 1610, Eagle, Idaho 83716, hereinafter called OWNER/DEVELOPER. 1 • RECITALS: 1.1 WHEREAS, Owner/Developer 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. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten 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, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-4 (Medium-Low Densi Residential District in the tY ) Municipal Code of the City of Meridian; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the sub' ect Pro e J P ~y 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 Planning & Zoning Commission, and subsequently before the City DEVELOPMENT AGREEMENT - B 1(AZ 09-OOb) PAGE 1 OF 10 Council, include responses of government subdivisions rovidin p g services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 24th day of November 2009 has > > approved Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and b this . Y reference Incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeems it to be inhis best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 ownersand toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development 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: 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 DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 2 OF 10 law of the State of Idaho, whose address is 33 East Broadwa Y Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Bl, LLC whose address is B 1, LLC, PO Box 1610, Eagle, Idaho 83716, the that . ply owns and is developing said Property and shall include an Y subsequent owner(s). or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Pro e . p ~y located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-4, (Medium-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 in the approved R-4 zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. No more than one { 1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The future home shall not be placed on the site to impede the extension of E. Commander Street through the property. Placement of the future home shall comply with the building envelope depicted on exhibit A3 of the Staff Report. 2. All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. 3. The applicant shall submit elevations consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application. 4. E. Commander Street shall be extended through the site at the time the property is redeveloped (platted). DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 3 OF 10 5. Development of the subj ect property shall complywiththe R-4 standards listed in UDC 11-2A-5. 6. All future development of the subject property shall com 1 with Ci of .. p Y tY Meridian ordinances in effect at the time of development. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yard and vehicles are removed from the prope rty 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This A Bement and . ~' the commitments contained herein shall be terminated, and the zonin desi nation reversed g g upon an uncured material default of the Owner/Developer or Owner's/Developer's 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 A reement is • g 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. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 4 OF 10 including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or byany successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is Bela ed for causes Y that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of an Y one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developershail, immediately upon com letion of . p 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 Ci En ineer's ~' g inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT; 9.1 In the event Owner/Developer, or Owner's/Developer'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 terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer ofany 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 DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 5 OF 10 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 Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 orOwner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer 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 (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably 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/Developer 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 - B 1(AZ 09-006) PAGE b OF 10 under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer a ees that no ~' Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement statin when the . g 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 Owner/Develo era ree to . p g abide by all ordinances of the City of Meridian and the Property shall be sub' ect to de- J 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 b this Y Agreement shall be deemed delivered if and when personally delivered or three (3) da s after .. Y deposit in the United States Mall, registered. or certified mail, postage prepaid, return recei t p requested, addressed as follows: CITY: City Clerk City of Meridian 3 3 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 OwNER/DEVELOPER: B 1, LLC PO Box 1610 Eagle, ID 83716 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. DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 7 OF 10 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 hereunder 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 Owner/Developer 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 ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhas 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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 - B 1(AZ 09-006) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this a reement g and made it effective as hereinabove provided. OWNER/DEVELOPER: B1, LLC By: .~ •~f~~ CITY OF MERIDIAN By' . Mayor y de Weerd ATTEST; DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 9 OF 10 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~'`~~ da of ~ i rr ~ _ y _ lac c. ~ ~ , 20 )~, before me, a Notary Public ~n and for said State, personally appeared ~ J ~ ~~ C~ ~'+~ t~~~ the ~ ~-~ ~ ~' of B 1, LLC, known or identified to me to the person who si ned g above and acknowledged to me that he executed the same on behalf of said co oration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~,,~~~~~~~~i~ ~ NOT 9d (SEAL) ~ ~ '~~ > ; ~~,~ ~.. ~.~~~ .~~ ~ ~ ~' ~~~ t~ ~ ``' ~ ~ ~, ~ ~ ota Public for Idaho '•. 9 ~ L i ~ ,~ •' Residin ~~'r ~S ~ gat. ~~ •.,~~ p~ ••• p •~.• My Commission Expires: l~ r 3 ~ -- •,,~ ID A~ •••• ~l~f~~rt~~N STATE OF IDAHO ) ss County of Ada ) On this ~r da of Y , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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, official seal the day and year in this certificate first above written. have hereunto set my hand and affixed my ,• ~~CA J~``~ SE ` ~~" TA ~'~ ~ ~ tit '~' +~ ~ ` • ' ~ ~ ~ ~ 4 ~ . • +~~ ~ t "l~ f •• OF ~ •~..... Not Public Idaho Residing at: ~,'p~: ~ an , I D CommlSSlOn explreS: 2 DEVELOPMENT AGREEMENT - B 1(AZ 09-006) PAGE 10 OF 10 RECETVED NOV 192009 crcr of ck~.y,. qN CLERKS OFFICE CITY OF MERIDIAN ~p~ FINDINGS OF FACT, CONCLUSIONS OF LAW C~VI E IDIAN* nxn DECISION & ORDER I D A H O In the Matter of the Request to Annex and Zone of 5.02 Acres from RUT Ada Coun to { t3') R-4 (Med~u~n Low-Density Res~den~ial} Zoning District, by Bl, LLC Case No(s). AZ-09-006 For the City Council Hearing Date of: November I0, 2009 {Findings on the November 24 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference} 2. Process Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference} 3. Application and Property Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference} B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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. 02-3 $2 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-09-006 -I- S. It is found public facilities and services required by the pro osed develo ment will not P p impose expense upon the public if the attached conditions of a royal are im osed. pp p 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 b the Clerk u on Y p the applicant, the Planning Department, the public Works Depaa~rtment and an affected Y party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement in the attached Staff Report for the hearing date of November 10, 2009, incorporated b Y 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 as evidenced by having submitted the legal description and exhibit map stamped and dated August 28, 2009 by Clinton 'W. 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 November 10, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of November 10, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}, AZ-09-006 -2- . ~ , 1 ~T . By ct~on of t e City Council at its regular meeting held on the da of .__... Y 2009. ~"' COUNCIL MEMBER DAVID ZAREMBA VOTED_ t~ COUNCIL MEMBER BRAD HOAGLUN VOTED__ COUNCIL MEMBER CHARLIE ROUNTREE VOTED,! COUNCIL MEMBER KEITH BIRD VOTED_ MAYOR TAMMY de WEER.D VOTED ""-- (TIE BREAKER) M~~~;,~'!~ „ y de Weerd 1'~ ~, 3 ~ Attest: ~~` '~~ ~~ r~r ,~ c~_ ~y , ~ -, ,~ .. ~, ~o ,` r ~. '' • w M Mr r aycee maan, City Clerk = ~' ~ ~ r "` ~~ ~, ' ,~ ~ . d ~ 1~"~ `,~, i,,~ ~ Q,"`Z` ,,, ~~ ~ ``~~~ Copy served upon Applicant, The ~ ~~-t~nent, Public Works D artment and Cit rr-x~4 M~rl~"+~ ~ Y Attorney. BY~ Dated: ~ 2-~ i i d City Cl 's Office ~- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-09.OOb -3- STAFF REPORT Hearing Date: November 10, 2009 Ta: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-09-006 B 1 ~.~Vl E IDIANt IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, B1, LLC, has applied to annex and zone 5.02 acres from the RUT zoning district in Ada County tothe R-4 {1Vlediumlow-density Residential) zoning district in the City. At this time, the applicant is proposing to construct (1 }single family detached home on the subject site with fans to subdivide the remaining pro in the future, p PAY II. SU~NIlVIARY RECO1ViMENDATION Staff is recommending approval of the proposed annexation and zoning based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report, The Meridian Planning & Zoning Commission heard this item on October 1, 24o9.,At t__ he public h_, Baring the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hear__ ink i. In favor: Jim Coaxer (Applicant's Represents, five) ii. In opposition: None iri. Commenting:.TylerRountrBe Marcel Goldberg iv. Written testimony: Provided by„ the ~ plicant,~'s rel present~rive~ v, Staff presenting application; Bill Parsons vi. Other staff commenting on application: Pete Friedman, Scott Steckline b. Key Issue(s) of Discussion by Commission; i. Extension of E. Commander Street to Jericho Road. ii. The option of connecting with the stub street that currently exists at the northern boundary of Madelyn Estates Subdivision. _...~..I.I__ iii. Compatibility of the future homes with the existing homes in the area. c. Key Commission Change(s) to Staff Recommendation;, i. The Commission modified DA rovision #4 to include the o tion of a stub street to the south if a public street is provided at the southern boundary at the time a preliminary plat is proposed for the property. ii. The Commission at staffs request modified DA provision #1 to include CZC ap~roysl prior to construction of the future home and said placement of the home not prohibit the extension of E. Commander Street through the pro e . d. Outstanding Issue(s) for Ci Co_cil; i. Connection with Jericho Road. _ be Meridian .itv .o ~n it h and is i on N v m r U ~ a t t n>>hlir hps~ri~ar +~o Council annroved t, he c h~,ect AZ reauect ~. ,~llnimal'y.~f City Council P, uh~j,;~,',n~ L .favor: J~~m Comer (Applicant's R_ _enresentativel iL In opposition: None I~~ B 1 Annexation PAGE 1 ..• 11L g. None lY~ 'Written testimonv: None, ~. _ taff nrecentin~ ann ication: Rill Parcons • • ~ v Issues of Discnccion by Council,;; ~ . .. _ ... , ' .. ~ • • flilli~.~. -- .. . . u< • rtv redevelops III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-09- 006, as presented in the staff report for the hearing date of November 10, 2009 with the followin modif cations: (Add any ro osed modifications. g Pp ) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-006, as presented during the hearing on November 10, 2009, for the following reasons; (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-09-006 to the hearing date of {insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.} IV, APPLICATION AND PROPERTY FACTS A. Site Address/Location; The site is located east of Jericho Road, a % of a mile south of Chinden Boulevard and approximately 650 feet west of Locust Grove Road inthe NE % of Section 30, Township 4 North, Range 1 East. B. Owner/Applicant(s}: B1, LLC F4 Box 1610 Eagle, ID 83616 C. Representative; Jake Centers, (208) 88$-4333 D. Applicant's Statement/Justif~cation: Please see applicant's application for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B 1 Annexation PAGE 2 B. Newspaper notifications published on: September 14 and 28, 2009(Commission); October 19, 2009 and November 2, 2009 (City Council) _- __ C. Notices mailed to subject property owners on: September 11, 2009(Comrnission); October 15, 2009 {City Council) D. Applicant posted notice on sites} on: September 21, 2009 (Commission}; October 14, 2009 Ci Council VI. LAND USE A. Existing Land Uses} and Zoning: The subject site is currently vacant developable land; zoned RUT in Ada County. B. Character of Surrounding Area and Adj acent Land Use and Zoning: The character of the surrounding area is residential in nature. The only non-residential use is the school site that abuts the northern boundary. 1. North: Single family residential and Central Academy High School, zoned R-2 and R-4 2. East: Single family residential (Reserve Subdivision), zoned R-4 3. South: Rural residential property, zoned RUT in Ada County 4. West: Single family residential (Arcadia Subdivision), zoned R-8 C. History of Previous Actions: In 2005, this property requested annexation and then withdrew the application. D. Utilities: 1. Public Works: a. Location of sewer: E Commander St, b. Location of water: E Commander St c. Issues or concerns: None E. Physical Features: l . Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. F. Access: E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property E. Commander Street will be required to be extended through the site and provide connectivity with Jericho Road located in the northwest corner of the site. VII. 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 three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R-4 zoning designation with the annexation of this property. The Unified Development Code (UDC) allows a maximum of 4 dwelling units to the acre which would allow a maximum of 20 homes on this property. At this time, the applicant is proposing to construct (1) single family home on the site and subdivide the property at a later date. If the site is developed in a fashion consistent with the density B 1 Annexation PAGB 3 requirements of the UDC, the anticipated density of the site would comply with the aforementioned density range of the Medium Density Residential land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (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 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 developer'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 Sheriff's Off ce. Once annexed, the lands will be serviced by the Meridian Palice Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District ~ACHD). This service will not change. A The subject lands are currently serviced by the Meridian Schaol 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 su,,~`er 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 IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. The majority of the surrounding property is developed with single family homes. Thus, the applicant's proposal including future development of the site will be compatible with surrounding land uses. • Chapter VII, Goal IV, Objective D, Action 2 ~- Restrict curb cuts and access points on collectors and arterial streets. Currently E. Commander Street, designated a local street, is stubbed along the eastern property boundary and provides connectivity for the future home site. The recommended conditions of approval include a Development Agreement provision that future development of the property will necessitate that E. Commander Street be extended through the site to connect to Jericho Road. • Chapter VII, Goal IV, 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. B 1 Annexation PAGE 4 The subject application includes a request for the R-4 medium low-density zoning designation, The applicant is proposing (.1) single family detached home. Staff believes future development of this site with single family detached homes provides the City with a variety of housing opportunities that complements the proposed multi family, patio homes, and alley- loadedhomes existing and planned for the area. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. At this time, the applicant is not proposing to plat the property; however staff is recommending a DA provision that the site be subject to the UDC open space requirements at the time of plat approval. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow, One stub street exists at the eastern boundary. The extension of this street will be required upon future development of this site. Said street shall extend through the site to Jericho Road located at the northwest corner of the property. Staff believes requiring this connection enhances connectivity and improves the tragic flow as previous developments made provisions for future connectivity prior to this site developing. VIII, UNIFIED DEVELOPMENT CDDE A. Purpose Statement of Zone: The applicant is requesting an R-4 zoning district for the property. 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. B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zoning district. C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning district. D. Landscaping; The subj ect site shall comply with the common open space and site amenity requirements listed in UDC 11-3G-3 when the property is platted in the future. E. Parking: Table 11-3C-6 requires single family detached homes with 21314 bedrooms to provide four (4}parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20-foot by 20-foot parking pad, Future home sites should comply with this requirement. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to annex and zone 5.02 acres of land from the RUT zoning district in Ada County to the R-4 zoning district in the City. At this time, the applicant is proposing to construct one (1) single family detached home on the subject site with plans to subdivide the remainder of the property in the future. The Comprehensive Plan future land use map designation for this property is Medium Density Residential, which is consistent with the proposed R-4 district. Future development of this site must comply with the dimensional standards of the R-4 zoning district listed in UDC 11-2A-5. Further as a requirement of the developr~nt agreement (DA), staff is recommending no more than B 1 Annexation PAGE 5 one (1) single family detached home be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The annexation legal descriptions submitted with the application (stamped on August 28, 2009 by Clinton w. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Outdoor Storage: As mentioned earlier, the land proposed for annexation is vacant developable land. However, the applicant is storing construction materials on a portion of the property. Based on the materials being stored on the property, UDC 11-1A-1 defines this use as a contractor's yard which is not an allowed use in the R-4 zoning district. Staff is recommending the outdoor storage of construction material on this site cease with the annexation of the property. Staff is recommending a building permit not be issued until the contractor's yard is removed from the property. Access; E. Commander Street is stubbed along the eastern property boundary and provides access for the future home, Upon future development of this property and as a provision of the development agreement staff is recommending E. Commander Street be extended through the site and provide connectivity with Jericho Road located in the northwest corner of the site. Off-street parking: Table 11-3C-6 requires single family detached homes with 21314 bedrooms to provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20-foot by 20-foot parking pad. Future homes on this site must comply with this requirement of the UDC. Landscaping: As mentioned above, E. Conn~nander Street will be extended through the site when an actual plat is proposed for the site. Because the street is designated local street and the zoning proposed for the property is residential, the UDC does not require a street landscape buffer. However, the property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 1 o percent of common open space for the single family developments of five (5) acres or more. Staff is recommending a DA provision that requires the applicant comply with the applicable UDC open space and amenity requirements in effect at the time of plat submittal. Design Review: Although the annexation of this property is not subject to Design Review, staff feels the applicant could develop the site consistent with the obj ectives and guidelines for residential developments (Section E) listed in the Meridian Design Manual. Staff is recommending a DA provision that elevations be submitted with any preliminary plat application. These elevations should be consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual. Development Agreement: UDC 11-5B-3D2 and Idaho Code § 65-b711A 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. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does aot negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. In summary, Staff is supportive of the Applicant's proposal to annex this site with an R-4 zoning designation with the recommended DA provisions listed in Exhibit B of this report. ~. EXHIBITS A. Drawings B 1 Annexation PAGE b 1, ~Ticinity Map 2. Conceptual Plat cati n the F ' ' r ' B. Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company ?. Ada County Highway District C. Annexation Legal Descriptions & Exhibit Map D. Required Findings from Unified Development Code B 1 Annexation PAGE 7 A. Drawings 1. Vicinity Map Exhibit A -1- 2. Conceptual Plat httoa/sdacat~c~~t.ootn~a~oau~id+r~tl~9im~aovitw+cra~axla~ri~rt~bk~ 7;~S~t}N~blc89... 7/311~0~9 Exhibit A ~. exhibit A - 3 - L cation of F v' ' O r r nsi n E7~HIBIT B: AGENCY & DEPARTMENT COMMENTS On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal descriptions and exhibit map for the proposed annexation submitted with the application {stamped on August 28, 2009, by Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 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, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office, 898-SSOb, within one year of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: 1. No more than one (1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unif ed Development Code (UDC}. The future home shall not be placed on the site to impede the extension of E. Commander Street through the ro ert . ' ' . Placemen~af the future home shall ~p I II IIIIIIIIII I 111 I m lv with the building envelope depicted on exhibi,® t A3. 2. All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. 3. The applicant shall submit elevations consistent with the Architectural Character obj ectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application, 4, E. Commander Street shall be extended through the site ~~a r~sf=a° ~~„x°~~:,,' 1=~~}'' .~th~ time the ~onerty is re~v_el~ n1~ tt 5. Development of the subject property shall comply withthe R-4 standards listed in UDC 11- 2A-5. 6. All future development ofthe subject property shall comply with City of Meridian ordinances in effect at the tune of development. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yard and vehicles are removed from the property. 2. PUBLIC WORKS DEPARTMENT (FUTUREPI~T CONDITI~„ONS) 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Commander St. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms Exhibit $ -1- of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is constructed from E Commander Road to N Jericho Road, being 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public right of way (include all water services and hydrants}. The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked. EXHIBrT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B}for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document, 2.5 The City of Meridian requires that pressurized irrigation systems besupplied by ayear-round source of water (MCC 12-13-8.3}. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 the issuance of an occupancy permit, 2.b All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adj acent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and, approved by the Meridian City Engineer prior to final plat signature. 2,7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-$ contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape inrigation if approved by Idaho Department of Water Resources Contact Robert B, Whitney at (208}334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2,9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.11 All development .improvements, including but not limited to sewer, fencing, micrapaths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B -:2 - 2,12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval, 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 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. 2.19 The applicants design engineer shall be responsible for inspection of all irrigationand/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3b00 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 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fue Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %"outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18"above finished grade to the center of the 41/z" outlets. Exhibit B g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 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. 3.9 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 (1$3 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL This application is for annexation and rezone only. Listed below are some of the site speck conditions that the District may identify when it reviews a future development applicat~'on. The District may add additional site speci is requirements when it reviews a speci ac redevelopment application. 7.1 Extend Commander Street through the site and connect it to Jericho Road as a 33-foot street section with curb, gutter, and minimum 5-foot wide attached (or 4-foot wide detached) sidewalk. Obtain approval from the Meridian Fire Department for the reduced street section width. Provide a public use easement for any portion of sidewalk located outside of the right-of-way. Exhibit B - 4 7.2 Enter into a license agreement for any landscaping located within ACRD right-of way abutting the site. 7.3 Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside oftheright-of-way. 7.2.Z Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits}, which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.1 o Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585} at least two full business days prior to breaking ground within ACHDright-of-way. The applicant shall contact ACRD Traff c Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, .shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District. of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - - C. Annexation Legal Descriptions & Exhibit Map r",M s A Tile Reserve Na. ~ Subdnris~On Part+~ ~~53ai 4 i95~ A parcel being located in he SE % of-the NE'h of Section 30, Township 4 Narth;; Range 9 Eastt, 8~oiss-- I~ridian, City of Meridian; Ada tootrnty, idatro, and more-particularly desan'bed as follows; Commencing at a-brass .cap monurrren# mark~g. the northeast comer of the: NE .'/~ of se~id Sec#ion 30, from which an aluminum cap mor~umerit m~rk~ the southeast carver of the NE Y, of sak! Sediort' 30 bears S O'3T25' ilU a dlstence of 2658:57 feet; _ Thence S D°37'25' W Tong tfie east$rIy k~our~auy of said NE `y a distsnoe of 1328.32 fee# to a 5/8 inch'diame~er iron pin marking the ~rtheast comer o! said-S~'l of ttre NE-'l.; Thence (eavirt9 said easterly boundary N 89°49`3T W along the northerly boundary of -said SE /. of ahs NE /, said northerly baunclary else being the northerly boundary of Tr'xs Reserve Subdivision as `shown in Book 97 of Pt$ls at Page'12153, records of Ada County, a distance of 855.88: feet #o a 518 inch diameter iron pin .marking the' nor8nvest comer of said. The Reserve Subdivision, ar~d th®PQINT CIp BEGi~iNING,• Thence leaving said: northerly boundary 5 0°3788' 1N along the westerly boundary of said The Reserve SubdlVislon a distanas of 332.22 f~ to a 518 inoh dls-meter lcan ping marking tfis southv~st comer of said The Reserve' Subdivision; Thence leaving sold wesh~~ly boundary N 89°50'11' W a disiancs df 847,51;faet o a polM; Thence N 4°39'31" E along a line being 14.E feet e~steriy of and parallel to the westerly boundary of said SE ~~ of the NE 'l~ a t~tance` of 332.32 feet to a point on' the nartheny bounden of said SE l of the iVE' I ; Thence S 89°49'3" E along said northerly.boundary of said SE'!~ of tt~e NE %, said nottheny bounden also being ;the sou8rerly boundary of ~Iltes#boraugh Subdivision as shuum in Book 81 of Plats ~t ~a~@ 98&l, records of Acia County,. s distance of 848:13 feet to thg POINT OF BEt3lNNlNt3. 't'his parcel. contakts 4.94 acres. `A~~L i.ANpS Clinton UV. Hansen, ~lS ~y ~, ~ , Land Solutions, PC August 28, 200$ a ` ~ ~ ~ ~ ~- SEP p ~ pro ~ ~ any ww;~+ ~10~'~11B1.1G ~~~,~~:~G~~ ~'~ +D~t'~+~~1~ me n-e su~acv~aa, as 7 ,,,•ss~„a,,,~M,,,,,r,n,,,N,,,,~ ~, ~7, ads Exhibit C - w~l.~~~ , The Resefve Aio. ~ Subdivis~ Farrel SDS34 ~ ~ t 96~ A pat`cel being loccated in the SE'1 of the NE % of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking ttte northe+a~t comer of the NE % of Said Section 30, from which ari aluminum cap monument marking the southeast comer of the NE l of said Section 30 bars S 0°37"25' W a distance of 2656.57 feet; Thence S 0°37'25" W along the easterly boundary of said NE '~ a distance of 1328.32 feet to a 518 inch diameter iron pin marking the northeast comer of said 5E I~ of the NE'/; Thence leaving said eas#erly boundary N 89°~9`3?" W along the nortl~rty boundary of Said SE l of the NE I~ a distance of 1304y01 feet to the PANT QF BEGINNlN~; Thence leaving said northerly boundary S 4°31'31° W along a lure being 10.00 feet easterly of and parallel to the wes#eriy boundary of said SE Y. of the NE % a distance of 332.32 fast to a point; Thence N 89°50"11" W a distance of 1Q.DO feet to a 5!8 inch diameter iron pin on the westerly boundary of said SE "l. of the NE %; Thence N ~°31'31' E along said was#eriy boundary a distance of 332.32 feet to a ~8 inch diameter axon pin marking` the northwest comer of Said SE'/, of the NE %; Thenca3 8 89'49'37" E slang th+e northerly boundary of said SE % of the NE '/. a di,~tance of 10.00 feet #o the PC11HT +DF BEGINNING. This parcel contains 0.08 acres (3,323 square feet} ~~p,I. IAN Clinton W. Hansen, PI.S , y 5 ,~ ~~ ~, land Solutions, PC ,~ August 28, 2009 a ~ ~ ~ ~ H ~ av~~. R~V~ ~ 1' Q t4 'y~, ~ o ~ ~ ~,~~ o ~ N 6Y W , ~~~~~ M'~R~D1KS Q~P~t~ wQR t~"1~~~~~1t~3 ~~s~Na.~ Sob No< 48.35 Exhibit C - ~ • Exhibit C - 3 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investi anon and shall, at the public hearing, review the a lication. In g pp 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 Com rehensive Plan; p The Applicant is proposing to zone the subject property from RUT in Ada Count to R-4 zone in the City. The Council finds that the ro osed y p p zoning reap amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council Ends that the proposed map amendment to R-4 is consistent with the purpose statement for the residential districts. 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 recommends that the Commission and 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 nat limited to, school districts; and, The Council f nds 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 11-5B-3.E). The annexation of this property and subsequent zoning of the site to R-4 is consistent with the comprehensive plan future land use map and UDC standards as detailed in this report. The Council Ends that Annexation and Zoning of this property to an R-4 zoning district is in the best interest of the City if a development agreement is entered into between the City and the property owner. Exhibit D Annexation Legal Descriptions ~ ~~ D~~ri i n ~-~ ~nr~~~c Tie Res~rv~ ~. Subdiuis~vr~ ~- ~ar~el berg located in the u~'~a t~f the Nl~ ~~ of section 3~, Towr~~hi 4 Nc~rttr lean ~ ge ~N ~t~ ~o~se eridi~nt City of l~leridien, ~~ ~~~nty, lda~o, and mare particularly descried foilcs; Corrirnencing at a brass ~ rnon~ment marking the northeast cv~er c~~ the NE ~~~ of ect~on ~C~, from which an aluminum cap monument marking the southeast corner of the ht skid eien ~0 dears S ~~3 i "~~ V1l ~ distance of ~~6.57 feet ~ Thence S ~~'~?'~' VV along the easterly ~ounary of said ~ ~ a c~is~tartce of ~ ~~~.~ !~ inch diameter icon pin mar~irs the northeast corner + said ~ ~ of the N~ ~/ _ felt tc Thence leaving said easterly boundary ~ g"49'~7'~ ' atong the northerl bounds f ~E '~ of the N~ '~4, ~! ~ c said said northerly boundary also being the northerly boundary of The Reserve. ~abdivisit~rt as ~l~cwn in Book g7 of Plats at l~`ge ~1~, records of Add Counter, a distance cif ~~a.~8 feet to ~ 5~8 inch diameter Iran pir~ marking fhe arthu~t corner of said Thee Deserve. S~abdivisinn, and the Pt~INT of ~~1h1NINt~r Thence leaving said northerly boundary ~ ~`~3~''S8a' V~ alQr~g the westerl bound' of said Th Deserve ~ufxf~v-sion a distance of X2.22 teat to ~ bJ~ inch diameter ircan inm rlGirt e sr~~uthwest corner of said The Reserve ubdivisc~n ~ a the Thence leaving laid ~vesterly c~un~ary l~ ~9~g'1 ~ ~ Vtil ~ disfance of 7.~I feet. to t~int° 4 Tln~ I~ g~31`31" ~ along e 6ne being 1Q.(~g #eet easterly o~ and parallel. to the ~esterl boundary of said SE '~~ of the N~ '~'~ distance cf 332.2 feet tb a pint on the n~artherl~ l~our~dary of said SE ~'~'~ of the 1`~~ ~~ Thence ~g~4g'~7'" ~ along said ndrthe~r~y boundary of said ~~ ~~ of the ~~ ,~ said r~ortherl boundary alst~ being the southerly our~c~ary of fVestbarc~ugh subdivision as shown in hook 8?' of Plats at Page g88~, records of -~d~ Ct~unty, ~lstance ~~ ~~.13 feet to the ~'~!iNT t~l~' Tl~tis parcel ~antains ~.~ a~cras. Clinton . Hanser'~, Pt.S ,~~ ~ ~~ ~ Land solutions, PC August 2~, 2~g ~ ~, ~~v~~ - ~~~~ ~ ~ ~ N~. ~~-~~~~lBl.~ ~~~ ~~~~~ ~~ L~~r~~~~~~st~~ ~r~~ Re~er~re Su~d~viar~ Nt~. ~.,,.....~-~--" e surreytrg ~~tta Ct~ttu,s~ing Jt~b tdQ ~. ~[ ~~sri tin i°~~ ~r~n~c~ ~'~~ deserve ~~ ~ ~c~~divis~~~ ~~rce~ S~~~t~ ~ ~ 1 "~~ p~r~e~ ~en~ ~~~~te ire tie ~~'l ~f tie N~ ~ ~f ectit~r~ ~~, ra~n-r~ship 41~~~~:h, Rye 1 ~~~k ~~is~ 1u~idi~r~, City c~i ~tlierii~n, Aida ~~un~~, idei~c~~ ~r°it ~~~ prti~i~r~y ~e~~ri~ ~~klc~ a~men~ing ~t ~c~~ ~~p r~a'rtm~nt marine the €~rt~~~s~ corner ~f t~ I~~ f~ ~~ ~~ ~otic~n 0~ ~rc~rn w~io~ an aiumin~am ~ manu~ent rn~~ltin~ ~ s~u~~est ~c~~ter of ~l~c ~f ~~~ ~eGtian 3~ burs ~°7'~~'~i! ctist~r~C~ ~~ ~.? f~~t T`henir~ ~°~~'~.'" ~ ~~ong tie e~~t~~i~ boon~~ of ~~i N~ ~~ ~ ~f~t~no~ ~~ ~~2~ 3 ~~ to a t~ inch z~i~rneter rc~r~ pin r~~~in~ the norti~e~st ~t~rner of ~~id ~ ~~~ of ~~e N~ ~'~, ~he~Ge ~e~~rin ~~id ~~s~terly ~ound~ ~ ~~`'~#9'~~" 1~V ~fon the nor~h~;~ ~~~dar~ ~~ ~i ~ l a~ the ~~ ~'~ ~istar~~+~-of ~ ~,~ ~ feet t~ ti`ie ~~~~" ~~ ~~~~~~`~ "~ero~ ~~~ paid nc~rth~~fy bt~undary~ ~ ~~1'~~ l~ along ~ ling i~in ~~~~~ feet e~ster~ ~n~ ~~railel to tt~e v~~s#er~~ c~un~~r~r ~f ~ai~ ~~ ~:~ n~ t~t~ ~~'v~ e ~ist~n~~ ~ .~ feet ~~ point; ~"~enc ~ ~~°~Q' ~„ ~ di~t~r~ce cif 1 Q.{~ #~t to ~ ~~~ inch ~iamet~r iron din ~n tf~a v~eterl~t ~our~dar~ cif said SE'/~ ~~t~t 1~~'IQ; 4)~G3~IM+ ~ V ~fMaV ~'1 ~ ~N~ 41~~ ~~kt~~ V~G~~S+~~ • ~ ~It~~ ~~ ~WiwslwrW ~~V~ ~W+ fall 1i~V ~{t~I~. t~~~m~t~r irp~ pir~ m~fkir~~ f newest CE~f(1~C cal` s~i~ ~~'~~ c~~ta N ~'~, ~`I~ec~ce ~~~49`~~ ~ Mang the nat~herl~ boundary Qf s~i~ ~ '~ ~~ the N~ ' stand of ~.~~ feet to ~l~e 't1~T Q~ ~~~t~I~Jt~. ~h~s pccel contains C~;~ aore~s ~~t~ sru~re feet} ~~~~,1. ~~~~~ Clinton W, k~ansena P~ ~, ~ '~~ .and t~lut~or~s,:PG ~' ~ ~~~ ~ ,~ ~~ _~~~ .~-- ~.,.,:.<,..~~ ~~ s,~~ ~,~ cc~~a ,tab ~. 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