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Sgroi AZ 08-011ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 32 ', BOISE IDAHO 05f09112 01:52 PM DEPUTY Bonnie Oberbillig I RECOAOED-REQUEST OF III I'IIIIIIIIIIIII I I Meridian Ciry 11203?39 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Nunzio Sgroi, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2012, by and between City of Meridian, a municipal corporation of the State of Id o, hereafter called CITY, and Nunzio Sgroi, whose address is 4405 E. Ustick Road, Meridian, Idaho 83646, 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, LC. § 67-6511A, 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-SB-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-8 (Medium Density Residential District) (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 subj ect 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- SGROI (AZ OS-011) 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 28th day of October, 2008, has approved City of Meridian Planning Department Staff Report, 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 Staff Report requires 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 owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration 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 DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 2 OF 9 subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Nunzio Sgroi, whose address is 4405 E. Usticlc Road, Meridian, Idaho 83646, the parry that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-8, (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A. 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. The development of the site and any future structures on the site shall comply with the design standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors. 2. Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N. Sharon Avenue. Cross-access shall be provided to the property to the west (parcel #S 11041211100) for future interconnectivity. 3. A Conditional Use Permit is required for development of an assisted living facility on this site. No other new land use, including but not limited to single-family, duplex, or townhouse subdivisions, shall be allowed on this site without City Council approval for modification of the subject DA. As part of any future DA amendment, elevations shall be provided. If the site does not develop as an assisted living facility as proposed, residential densities in excess of those allowed in the R-4 district would not be allowed. DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 3 OF 9 4. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed assisted living facility or any other new use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached to the staff report. 5. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Worlcs. 6. The applicant will be responsible to stub sewer and water services to 4315 E. Usticlc Road, parcel # S 11041211100. Contact Meridian Public Works for size and routing. 7. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contactthe City of Meridian Engineering Department at (208) 898-5500 for inspections or disconnection of services. Wells may be used for non-domestic purposes such as, landscape irrigation if approved by Idaho Department of Water Resources, Contact Robert B. Whitney at (208) 334-2190. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208) 375-5211. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, 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 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/Developer consents 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/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the, City Engineer's inspections and written approval of such completed improvements or portion thereof in DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 4 OF 9 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 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. 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's cost, 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 or Owner/Developer, 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 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 (3 0) day period, if the defaulting DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 5 OF 9 party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure 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 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/Developeragrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Nunzio Sgroi 4405 E. Ustick Road Meridian, ID 83646 DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 6 OF 9 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations 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/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City DEVELOPMENT AGREEMENT - SGROI (AZ 08-011) PAGE 7 OF 9 relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPMENT AGREEMENT - SGROI (AZ OS-011) PAGE 8 OF 9 CITY OF MERIDIAN STATE OF IDAHO, ) ): ss County of Ada, ) On this d~ day of /V[ 2012, before me, the undersigned, a Notary Public in and for said State, pers ally appeared Nunzio Sgroi, known or identified to me to be the person who signed the above 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. (SEAL) STATE OF IDAHO ) County of Ada ss My Commission On this day of 2012, before me, a Notary Public, personally appeared Tammy de Weerd and ycee 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, I have hereunto set my hand and affixed my official seal the day and year in this certificate firsy~ab~ve written. (SEAL) a {~pTARp f€ N~ S PU84~t :~ r ~:TF p Q Notary Public fo Ida Residing at: Commission expires: DEVELOPMENT AGREEMENT - SGROI (AZ 08-01 I) PAGE 9 OF 9 Legal Description .~CxAG D~S~itil'~`r(3IV ~'f7~t p,. ~si~i~~a ~l~svm~ Idrt ~~. ~ ~`u~te~ its the l~'~q ~~mtt ~ ~t 1"~v~l~p~~ I4I.8 11;.„ ~~ l~i`~xidi l~t~radiarz, Ada ~~.~D Td~p . ~®~3~~. ~ ~ qtr man tc~ ~~ti~ as 3 ~ ~u3 ~ ~g 'T'a~.~~~i~ ~~:P~~,, . l,l~., >~a ~di ~ ~ ~~ , Z'c~l~ip 3 N., ~ ~~ ~., ~tii~~ 'T~.cr~ ~I~art~ ~°°'1 `~~'' ~'~ 1~~~:~$ ~ to p. ~~ l~ b~i~g= i~.~a:t1T~'~,~f car fl~ ~row~ ~t ~T~. ~~ anal T`l~ SAL 1?~11V'I° ~:l« ~33~ ~~1,4:$ ~n~tg ~~ly ~{)°~`~e`~3Ya ~ 5 ~~~ $l7 ~ Irc'3Yl P ~c~ ~' ~5p53' I ~'° ~T 2~3.'96~~ t~ inn i~x~ ~ffi p~.sti~ ; '~~lce %~. Q~~4~1;'aX ~" ~'e~ h .4U ~'ev~• to ttt3 ~TT~n ~~; Wince ca~~i~. a~Iartl~~ ~~~°~ ~"° '~11 3~,001~f ~ a p~oir~ an ~~ s~eirj ~ lire; `T'I~en.~e ~ ~9a~1 /~" la `?+~~.~~ f;Y t01'I~ T~L.A-Cr ~~CT~7`'1' f?F ;{~~G'rIP~ °~r; . ~~ ~~~~' a'a~tltFlila~~.si ~ ~.~'~,1 ~ tt. ~zcr~ ~Y lam. CITY OF IVIE D FI IN'GS OF FACT, C01~1CLTJSIOIVS OF LAV"V AP1D ECISIOI®T 8~ ® EIt ~E IDIZ IAN+~- ~J In the Matter of Annexation and Zoning of 3.16 acres from Rl (Ada County) to -8 (Medium Density Residential), by Nunzio Sgroi. Case No(s). AZ-08-011 For the City Council giearvng Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached StafFReport for the hearing date of October 7, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 2008, 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. 02-382 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-08-O1 l 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 Development Agreement provisions in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. The provisions 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 § ll-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 June 30, 2008 by James Rees, 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 October 7, 2008, incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Coda § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E.. Attached: Staff Report for the hearing date of October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-OI 1 -2- By action of the City Council at its regular meeting held on the ~ day of ~L~!l~P.~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_ COUNCIL MEMBER BRAD HOAGLUN VOTED _ (/~c.. COUNCIL. MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~~ (TIE BREAKER) -~da" Mayor y de Weerd \``~~~~~iuiuui~iir ~~/ Attest: \\,.~~~ p~ MERAp~ ~.,, .~ ~ ~s ~ O i i r ____ _ _ T7_ .__ _._ _~_ rvN_..1_ I .+ __~___ _ ~ ___r Q ~j ~cA '•,~~ `9® GAT ls~ ' Q.~ `o`er Copy served upon Applicaffln .,~.~~~~~rtmen ''~~~~rr r r~ n ~ i l n~ N~~~,``` Attorney (~.~Q~_~'~~ Dated: City Clerk's Office Public Works Department and City 1®° V ~''® CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-0$-OI 1 .3_ In the Matter of Annexation and Zoning of 3.16 acres from R1 (Ada County) to R-8 (Medium Density Residential), by Nunzio Sgroi. Case No(s). AZ-08-011 For the City Council Hearing Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 2008, 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. 02-382 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-08-011 -i- 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 Development Agreement provisions in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. The provisions 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 June 30, 2008 by James Rees, 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 October 7, 2008, incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E., Attached: Staff Report for the hearing date of October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-011 -2- By action of the City Council at its regular meeting held on the ~ day of (JC{~ l~Q~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ COUNCIL MEMBER KEITH BIltD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor y de Weerd `\\~,~un-iu~i~,~i Attest: ``e~p~,~y Q~ ~~a~i ~~~i~i O. ;~ Jaycee o an, rty Cork ? 9G ~o`~ Copy served upon Applica>~n~~~ ~1~`ertment, Public Works Department and City Attorney ~`~--/ City Clerk's Office Dated: ~ ®° ~ ~ -®~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-011 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 SUBJECT: Sgroi • AZ-08-O11 Annexation and Zoning of 3.16 acres from R1 (Ada County) to R-8 (Medium Density Residential), by Nunzio Sgroi 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Nunzio Sgroi, has applied for .Annexation and Zoning (AZ) of 3.16 acres of land from the Rl zoning district in Ada County to the R-8 (Medium Density Residential) zoning district. The applicant is proposing to annex and zone the property to accommodate a 30 to 40 unit assisted living facility; however, no development is proposed at this time. The subject property has not been previously platted. A conceptual site plan was submitted with the AZ application that shows how the subj ect property may redevelop with one 9,500 square foot assisted living facility, associated parking, and landscaping. A conceptual front building elevation was also submitted that shows asingle-story structure. A Conditional Use Permit (CUP) application will be required for approval of the assisted living facility in the proposed R-8 district. The site is located at 4405 E. Ustick Road, on the south side of E. Ustick Road, approximately 3/a mile east of N. Eagle Road. This property is within the City's Area of Impact and Urban Service Plamiing Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application was submitted to the Planning Department for review. Below, staff has provided detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the subject Annexation and Zoning (AZ-OS-011) request as presented in the staff report for the hearing date of August 21, 2008 with a Development Agreement, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on August 21, 2008. At the public hearing they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Tom Whitworth ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Clarification that the assisted living facility requires CUP approval in the future. c. Kev Commission Changes) to Staff Recommendation: i. None d. Outstanding Issues for City Council: i. None Sgroi AZ PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 B., n mare of City Co ncil Pub is Ffearin~: L In favor: Nunzio Semi IL In opposition: None jjj„ Co men 'ns!: Bob Pentecost jy. Written tes 'moray: None y, taff presenting application: Anna Cannin - Yl. Other staff commenting on application: None IZ. ev Issues of Discussion by Council: L If access to/from the site is provided via N. Shannon Avenue. the property would need to be addressed off of N. Shannon Avenue: ii. Concern abopt zo ing the site R-11_and a use other than_an assisted living facility evelopin~ on the site that may not be compatible with snrroundinQ R-4 densities: ~. I~ev Council Changes to Staff/Commission Reco mendation i. Include as a DA provision, if a residential use other than the proposed assisted livine facility develops on the site that densities in excess of those allowed in the R- 4district would not be allowed. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- Oll, as presented in the staff report for the hearing date of October 7, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-011 as presented during the hearing on October 7, 2008: (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-0$- O11 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATIOI~1 AND PROPERTY FACTS a. Site Address/Location: 4405 E. Ustick Road (Parcel #S 1104121050) NE'/a of Section 4, Township 3 North, Range 1 East b. Owner: Nunzio Sgroi 4405 E. Ustick Road Meridian, ID 83646 c. Applicant: Same as Owner Sgroi AZ PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 d. Applicant/Representative: Thomas Whitworth, T. A. Whitworth, Architect e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting annexation and zoning of 3.16 acres of land from the R1 (Ada County) to the R-8 (Medium Density Residential) zoning district. h. Applicant's Statement/Justification: "The owner is requesting the rezone to accommodate a 30 to 40 unit assisted living home. We feel this would be an excellent use of the property which faces Ustick Road to the north, Ustick elementary school to the east and R-4 residential on the south and west." from Applicant's narrative submitted with the AZ application; see applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone 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: August 4, 2008 and August 18, 2008 (Commission); September 15, and 29, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: August 1, 2008 (Commission); September 12, 2008 (City Council) d. Applicant posted notice on site by: August 7, 2008 (Commission); September 25.2008 (City Council 6. LAND USE a. Existing Land Use(s): The property currently has two dwellings, a shop, and associated outbuildings on it. b. Description of Character of Surrounding Area: The area surrounding the subject property consists ofsingle-family residential uses and an elementary school. c. Adjacent Land Use and Zoning: 1. North: Residential property in City of Boise, zoned R-1C and L-OD (Boise Ciry) 2. East: Elementary school, zoned A-1 (Boise City) . 3. South: Single-family residential properties in Redfeather Subdivision, zoned R-4 4. West: Rural xesidential property, zoned RUT in Ada County and single-family residential properties in Redfeather Subdivision, zoned R-4 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service is located from N Sharon Ave Location of water: Water service is located from N Sharon Ave Issues or concerns: None 2. Vegetation: There are several existing trees on the site. Several shrubs/trees are shown on the Sgroi AZ PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 concept plan. Mitigation is required for all existing healthy trees 4-inch caliper or greater that are/were removed from the site, in compliance with the standards listed in UDC il-3B-lOC. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium Density Residential) 7. Size of Property: 3.16 acres in annexation area (2.953 acres excluding ROW) f. Landscaping: Landscaping is not required with the subject AZ application; however, landscaping in accordance with UDC standards will be required with approval of a future Conditional Use Permit or Certificate of Zoning Compliance application. g. Summary of Proposed Streets and/or Access: One access driveway to the parking area in front of the assisted living facility is depicted on the conceptual site plan to/from E. Ustick Road. Another driveway is shown at the south end of the site to/from N. Sharon Avenue to an additional parking area. As of the print date of this report, comments have not been received from ACRD. See Analysis below for more information. 7. COMMENTS MEETING On August 1, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-8 zoning district complies with the medium density residential designation for this property. The planned assisted living facility is a conditional use in the proposed R-8 zoning district. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): ® Require that development projects have planned for the provision of all public services. (Chapter VII, Goal ffi, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands praposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the property at the applicant's expense. The subject land currently lies 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 land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). Sgroi AZ PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 - 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 land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is 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. ® Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) Stafj'believes that the possible future assisted living facility would be a compatible use with adjacent single family residential uses and the elementary school to the east. ® Require all new parldng lots to provide landscaping in internal islands. (Chapter V, Goal ffi, Objective D, Action 3) The conceptual site plan submitted by the applicant depicts landscaping within the parking areas. Parking lot landscaping will be required with future CUP and CZC applications for the site and shall comply with the standards listed in UDC 11-3B-8C. ® Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal 1:V, Objective C, Action 10) The subject application requests an R-8, medium density residential, zoning designation for the subject property. The Comprehensive Plan Future Land Use Map designates this property and adjacent properties to the west and south for Medium Density Residential uses. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property and the future land use designated for other properties in this vicinity. ® Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. (Chapter VI, Goal YI, Objective A, Action 12) Sta, ff is requesting as a development agreement provision that cross-access be provided to the property to the west for interconnectivity and to reduce access points on Ustick Road, an arterial street. ® Insure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community. (Chapter VI, Goal V, Objective A) Staff believes that the anticipated assisted living facility would be a great asset to the community and provide a much needed health care service in the community. Staff finds that the proposed R-8 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan and surrounding uses. Sgroi AZ PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 9. ZONING ORDlNAr1CE a. Zoning Schedule of Use Control: The anticipated assisted living facility is considered a "nursing or residential care facility" per the Unified Development Code and as such, is a conditional use in the proposed R-8 zoning district. b. Purpose Statement of Zone: Per UDC 11-2A-1, 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 applicant is requesting to annex and zone 3.16 acres from the Rl zoning district in Ada County to the City's R-8 zoning district. The Comprehensive Plan future land use map designation for this property is Medium Density Residential, which is consistent with the proposed R-8 district. The applicant is proposing to market this property for an assisted living facility, which requires CUP approval in the proposed R-8 district. The applicant has submitted a conceptual site plan, attached in Exhibit A.2, showing how the property proposed to be annexed and zoned may redevelop with a new 9,500 +/- square foot assisted living facility. Conceptual front building elevations showing one single-story structure were also submitted with the subject application; however because the elevation did not provide very much detail, staff is not requiring the applicant to comply with that elevation, only design standards for sites that are located adjacent to an entryway corridor. One two-way driveway is depicted on the concept plan to/from the site via E. Ustick Road. Another two-way driveway is depicted to/from the site at the south end of the property via N. Sharon Avenue. Cross-access should be provided to the property to the west for future interconnectivity. Staff is generally supportive of the conceptual site plan. However, staff can not support the access point shown to/from Ustick Road. UDC 11-3A-3 prohibits access to an arterial roadway upon development of a property when access to a local street is available; access to the site is available from N. Sharon Avenue. Therefore, staff is recommending that a Development Agreement provision be included for this site that prohibits access to Ustick Road, and access instead be provided from N. Sharon Avenue. Further, cross-access should be provided to the property to the west (parcel #S 1104121100) for future interconnectivity and so that property does not need access to Ustick Road in the future (see below). Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Medium Density Residential for this property, and residential and school uses of adjacent properties, Staff believes that the requested rezone to R-8 is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on June 30, 2008 by James Rees, PLS) shows the property within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. IDevelopment.Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A 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 IDA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission Sgroi AZ PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'I'S OF OCTOBER 7, 2008 or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate at least the following: ® The development of the site and any future structures on the site shall comply with the design standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors. ® Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N. Sharon Avenue. Cross-access shall be provided to the property to the west (parcel #S 1104121100) for future interconnectivity. ® A Conditional Use Permit is required for development of an assisted living facility on this site. No other new land use, including but not limited to single-family, duplex, or townhouse subdivisions, shall be allowed on this site without City Council approval for modification of the subject DA. As part of any future DA amendment, elevations shall be provided. does not develop as a~ assisted ivi ~ fac'li as proposed, residentia densities in excess of those allowed in the 12-4 district would not be allowed. ® A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed assisted living facility or any other new use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. • The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. ® The applicant will be responsible to stub sewer and water services to 431 S E USTICK RD parcel number 51104121100. Contact the Meridian Public Works department for size and routing. ® Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. e Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the data of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. b. Staff Recommendation: Staff recommends that the subject property be annexed and zoned with an R-8 zoning designation, per the development agreement provisions listed in Section 10 above, and the findings listed in Exhibit D of this staff report. The 1Vleridian~ .Planning ~ Zoning Commission heard this item on August 21, 2008. At the public hearing they moved to recommend approval of the subject AZ request. The Meridi n i Council hea d this item on October 7.2008.~t the public hearingthe ouncil apR~oved the subject A7 request. 11. EX)~BTTS A. Drawings/Map 1. Vicinity/Zoning Map 2. Conceptual Site Plan Sgroi AZ PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3. Conceptual Front Building Elevation B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Sgroi AZ PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 A. Dxavcrings/Map 1. Vicinity/Zoning Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 2. Conceptual Site Plan ,.~, s r. ~ c ~c ,B o ~e a ~~ ~' ~I ~~ -- . . ~. ;R ;~ I Ik~~ I I 4F - 1 1?.?~ 1 I~ ~ tY~"I 1 ~' n' i 4~ ~`I . 1` ~ 1 1 i Irk i _,,~i 1 l-t t I ti~~ 1 w r _ I eXI ' `~~ I,~yo'~~~ - 1 1 _~ .~,~: ,~ r-"'' 1 I~~~ ' i~ ~ ~, I q~, ~~ ~'~ ' ~ ~"~' i' ' 't- ~. ,~ r f't~f ,~L t ~; `~~ ,; -~ 1 !n N ~tfi `~ ~ ti CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 3. Conceptual Front Building Elevation ~i~~ ~i,~vA~tv~t nr., ~ aryr.r-m~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 B. Agency Comments 1. PLANNIlVG DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on June 30, 2008 by James Rees, PLS) shows the property within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 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 Ciry of Meridian and the property owner(s) (at the time of annexation ordinance adoption). 1'he Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA.The DA shall include, at minimum, the following: a. The development of the site and any future structures on the site shall comply with the design standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors. b. Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N. Sharon Avenue. Cross-access. shall be provided to the property to the west (parcel #51104121100) for future interconnectivity. c. A Conditional Use Permit is required for development of an assisted living facility on this site. No other new land use, including but not limited to single-family, duplex, or townhouse subdivisions, shall be allowed on this site without City Council approval for modification of the subject DA. As part of any future DA amendment, elevations shall be provided. If the site does not develop as an assisted liyinn facility as proposed, residential densities in exce of those a lowed in the R-4 district would not be allowed. - d. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed assisted living facility or any other new use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. e. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. f. The applicant will be responsible to stub sewer and water services to 4315 E USTICK RD parcel number 51104121100. Contact the Meridian Public Works department for size and routing. g. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used far non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. h. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District health for abandonment procedures and inspections (208)375-5211. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Sharon Ave. The applicant shall install mains to and through this subdivision; applicant shall CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 coordinate main size and routing with the Public Works Department, and execute standard forms 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 being proposed via extension of mains in N Sharon Ave. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant will be responsible to stub sewer and water services to 4315 E USTICK RD parcel number S 1104121100. Contact the Meridian Public Works department for size and routing. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on a final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent 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 or non-approval submitted to the Public Works Department. ff 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 9-4-8 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 irrigation 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 far 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 imgation, sanitary sewer, water, etc., prior to an issuance of any occupancy permits. 2.11 A11 development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 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. 2.17 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 footings is at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of- way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 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. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at applicant's expense. Typical locations are at street intersections and/or 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 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. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/z" 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 4 %z" outlets. 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 ox additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 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). 3.7 There shall be a fire hydrant within 100' of all fire department connections. 3.8 The proposed use will require the building to be equipped with fire sprinklers. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 SITE SPECIFIC CONDITIONS OF APPROVAL This application is for an annexation and rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 6.1.1 Complete one of the following for Ustick Road: ® Construct a 5-foot detached concrete sidewalk, a rlLnimum of 41-feet from the centerline of the roadway OR; Provide the District with a road trust in the amount of $7,205 (262 ft(frontage) x $25/per linear foot x 10%) for construction of the sidewalk with the District's scheduled road widening project. 6.1.2 Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 6.1.3 Construct one full access driveway intersecting Arch Drive. The driveway shall be no wider than 36-feet, and paved its full width at least 30-feet into the site. 6.1.4 Close the existing driveway on Ustick Road. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 200E 6.1.5 Other than access specifically approved in this application, direct lot access to Ustick Road is prohibited. 6.1.6 Comply with all Standard Conditions of Approval. 6.2 STANDARD CONDITIONS OF APPROVAL 6.2.1 Any existing irrigation facilities shall be relocated outside of the right-af way. 6.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway orright-of--way. 6.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 Comply with the District's Tree Planter Width Interim Policy. 6.2.6 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. 6.2.7 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. 6.2.8 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. 6.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval far occupancy. 6.2.10 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. 6.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD 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 ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 6.2.12 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. 6.2.13 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 awaiver/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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 C. Legal Description & Exhibit Map LEGAL DESCItTPgION ~(~R A~ItTE~AZ'IO~ ~ G~ t~ pnrtiora ~~~~ ~t Ie~t ~c~..' in the Nle'/~ cif Bastion ~ .~ 1"ovt~hip ~ ICI., il~.„ ~3t~ise ~ieridi~ ~ ~ . Ada ~n Ideha; C'ce ~~.nt. tl~ seefi~m odr~ eo n to dawns 33 dud ~~, Ta~woshi~r ~ ., . ~~.? 13ui~ ~iw~ft, . Se ~ ` 3 and d , ~'au~lzip ~ N., ~ ~ 1~., 8tiise 1~ ` T h~ ~I~r~.i 89°Q.~' 17'°~'~I 13.2~.~~ 1~~ to a point,, skid paint l~i~~-tom a~arthl eorner of Go~erame~ Lot No. "~ and 'T~ REAL P4~TN'T ~E ~SE~G^ `i'#ieace Sow aA°32'x'° Welk ~3;Ofl feet ~ an irQA-pin; 'fbe~e caatiaattir~g South (~0°32"2S" West 5.02 feet to inns pir~; Tbenee IwI~ 65°53'lT° West 23.'76 feet to s~nn iron pin with plasiie cep; Vence I~ortb 40®4i;'gt, 7" 4~est A~~.4t? feet to aI~ iron pits; .~ aace c~,~tir~uip~ itarth ~°4~'l'7" West 33.00 feet to a pout on ~' a sewn line; `E'1>ence ~ $~3a4~~17" ~ast'62.~5 ~t to `T.I~ AtJCC~yI' Gl+ EEGIl~G ~~ ~- Corisin~ a d~tnalat aria of ~. I6 ~~~ more or less. CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2008 tl ~4. RE~aRp aF SURVEY A F'~RTf~N CJF ~C~V'T. L.~T N~, SITUAI f~lVl/l/41VE1O4, SECTit~N ~, T.-NV., :NE., B.hti.., 1[~1 IN~AHO 2aC~~ ~.~~sa~ 4~ ~AF7fNG1 ~ ~,~ ~ e~~4~~ w a fag~.r-~~ ~ . ~.~.--.-~--a,~~•a~a~i'r^ ~,- ~~~a~ ;.. . e ~~ ~~~~ ~~~~, ~A 2 ~~~ ~~ -! ~.. ~~ ~ ~ ~~~ ~~ P~` }-~g,~f~.1 s.i ~A ,ro ~.~~ Ae.. ~~,.:~ .~ ~: `~ .. c. ~ ~°^~/ a ''a .._. ~~~: ~, ~; a ~~~, -- -.~rGff~1J LiN~ ?~dl, #~F R~AIII - ;. Si1Hil~~T P~t~t:~3T'V Ei~ibti~Ai~Y C~ '~A,f1 ~rt~'' ~E'tFsi#t V11~'*~~ ~~ ~. 1 I ~ 1 ~, ~~ .~`: i~ 1 f .~ I l~ ®~ :~a :~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 D. Required Findings from Unified Development Code 1. Annexation and Zoning 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 annex and zone all of the subject property to R-8. If the applicant complies with the DA provisions, the City 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. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the anticipated use of the property for an assisted living facility is consistent with the requested R-8 zoning district and future land use map designation of Medium Density Residential for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Ciry 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 not limited to, school districts; and, If the applicant complies with the DA provisions, the City Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that the annexation and zoning of this property to R-$ would be in the best interest of the City.