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
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'~~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;
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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
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Jaycee o an, rty Cork
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Copy served upon Applica>~n~~~ ~1~`ertment, Public Works Department and City
Attorney
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City Clerk's Office
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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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
3. Conceptual Front Building Elevation
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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
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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;
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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
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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
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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.