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Thompson Farm AZ-13-004CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW ~ AND IDAHO DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 2.38 Acres of Land with a C-C Zoning District, Located at 975 S. Locust Grove Road, by R. Orville & Heidi L. Thompson. Case No(s). AZ-13-004 For the City Council Hearing Date of: Apri123, 2013 (Findings on May 7, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 23, 2013, 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 April 19, 2011, Resolution No. 11-784 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-004 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of Apri123, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with an R-2 zoning district in accord with the attached Staff Report for the hearing date of Apri123, 2013, attached as Exhibit A. 2. A Development Agreement is required as a provision of annexation with the conditions included in with the attached Staff Report for the hearing date of Apri123, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real properly which may be adversely affected by the final action of the governing board 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. F. Attached: Staff Report for the hearing date of Apri123, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-004 -2- By action of the City Council at its regular meeting held on the 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL, MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED '- VOTED Attest: City Clerk Copy served upon Applicant, The ?G~~ p,~BD A(IC~~ " 9 4 I .,- GW CI~ b{ E IDIZ IAN; r ~ T,~n a H-„oi 4r 6~ SEAL ti~ . ~TFR ~~rAe THE pSU0.~yA Weerd Public Works Department and City Attorney. By: Dated: ~" _t ~ ~ ~~ Ci Cl k's day of ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-004 -3- EXHIBIT A STAFF REPORT ~-± Tj~T~7~ T~ HEARING DATE: Apri123, 2013 jJ 1iJl D1A N10~ TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-13-004 -Thompson Farm I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, R. Orville & Heidi Thompson, have submitted an application for annexation and zoning (AZ) of 2.38 acres of land with a C-C (Community Business) zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with an R-2 zoning district, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 21, 2013. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Sam Johnson ii. In opposition: None iii. Commenting: None iv. Written testimony: Sam Johnson v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. Based on the applicant's reauest & staff s recommendation, the Commission recommends comment #2.21 pertaining to street lights is included as a DA provision for requirement upon redevelopment of the site (see DA provision #l.ld). d. Outstanding Issue(s) for City Council: i. None ~_ Summary of City Council Public Hearinn: L In favor: Sam Johnson 11: In onposition: None iii. Commenting,: None jy. Written testimony: None y, Staff nresenting apnlication: Sonya Watters yy Other staff commenting on aRnlication: None Thompson Fann AZ-13-004 PAGE 1 EXHIBIT A lz< Key Issues of Discussion by Council: None ~ Key Council Changes to Commission Recommendation: None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-13- 004 as presented in the staff report for the hearing date of April 23, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-13-004 as presented in the staff report for the hearing date of Apri123, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ-13-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 975 S. Locust Grove Road on the southwest corner of S. Locust Grove Road and E. Central Drive, in the SE '/4 of Section 18, Township 3 North, Range 1 East. B. Owner(s): R. Orville & Heidi L. Thompson 3045 W. Sugar Crest Eagle, ID 83616 C. Applicant: Same as owner D. Representative: Sam Johnson, Scentsy, Inc. 2701 E. Pine Ave. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 4, and 18, 2013; April 1, and 15, 2013 (Gifu Council C. Radius notices mailed to properties within 300 feet on: February 28, 2013 (Commission); March 28, 2013 (City Council) D. Applicant posted notice on site by: March 11, 2013 (Commission); April 12, 2013 (City Council) Thompson Farm AZ-13-004 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: There is asingle-family residential home and associated outbuildings on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Central Drive and rural residential property, zoned R6 in Ada County 2. East: Locust Grove Road and single-family residential property, zoned R1 in Ada County 3. South: Joint School District property, zoned C-G 4. West: Joint School District property, zoned C-G C. History of Previous Actions: None Thompson Farm AZ-13-004 PAGE 3 EXHIBIT A D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer is available to serve the subject parcel from existing stubs in E. Central Drive. b. Location of water: Domestic water is available to serve the subject parcel from existing stubs in E. Central Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the southwest boundary of this site on and off the site. 2. Hazards: Staff is not aware of any hazards that exist on this site, except for the Hunter Lateral which may represent a danger to small children. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Commercial on the Comprehensive Plan Future Land Use Map (FLUM). The Commercial designation provides a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. This site is not proposed to redevelop in the foreseeable future; the use is intended to remain residential. Therefore, although the site is designated for commercial use, staff is recommending the property be annexed with an R-2 zoning district to remain consistent with the existing and continued residential use of the property. At such time as a change in use and/or redevelopment is proposed, the applicant should rezone the property to a commercial zoning district consistent with the FLUM. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." (6.02.01 B) 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 subject property in the following manner: - Sanitary sewer and water service is available to the property. - The lands are capable of being serviced by the Meridian Fire Department (MFD). - The lands are capable of being serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Thompson Farm AZ-13-004 PAGE 4 EXHIBIT A 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. • "Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services." (3.04.O1F) The property owner has requested annexation of the subject property into the City. The site is contiguous with City limits and City services will be provided to the property once it is annexed which will allow for the efficient provision of City services. • "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.O1J) The continued residential use of this property is compatible with the existing school to the west of this site. • "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) Access for this property is provided via Central Drive. A curb cut to the site also exists via Locust Grove Road but should only be used for access to the pasture on an infrequent basis. VIII. UNIFIED DEVELOPMENT CODE A. 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. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The existing use of the property for single-family detached dwellings is a principally permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): This site is comprised of 2.38 acres of land zoned RUT in Ada County. The applicant proposes to annex the property with a C-C zoning district consistent with the Comprehensive Plan Future Land Use Map designation of Commercial. The applicant requests annexation to hook-up the existing home and one outbuilding to City water and sewer service. The use of the site is proposed to remain residential. A significant amount of work has taken place on this site recently to restore the outside of the existing home and outbuildings, and clean up the grounds. The property is owned by the Thompson's who are also the owners of Scentsy, Inc. A 40' shipping container exists on the site which housed the entire Scentsy operations in the early days of the business. The property owners want to retain this site and continue to rent out the home and also be able take independent consultants who visit Meridian by the property so they can see where it all began. If the site is annexed with a C-C zoning district, residential use of the property would be considered anon-conforming use as it is not a permitted use in the C-C district. Rather than create Thompson Farm AZ-13-004 PAGE 5 EXHIBIT A a non-conforming use, staff recommends the property is zoned R-2 consistent with the existing and continued residential use of the property. When a change in use or redevelopment of the site occurs, the applicant should rezone the property to a commercial district consistent with the FLUM at that time. Concept plan: The applicant submitted two conceptual development plans showing how the site could develop commercially in the future (see Exhibit A.2). However, the current use as a single- family dwelling is proposed to remain; the applicant has no plans to re-develop the site in the foreseeable future. City water & sewer service: The existing house is required to hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-1-4A. Waterways: The Hunter Lateral runs along the southwest boundary of this site. Upon redevelopment of the site, the developer is required to pipe the Hunter Lateral as set forth in UDC 11-3A-6A, unless otherwise waived by City Council. Access: There are two existing accesses to this site; one via E. Central Drive, a collector street, and one via S. Locust Grove Road, an arterial street. The primary access for the home is via Central Drive; a curb cut via Locust Grove provides access to the pasture on the southern portion of the site. The access via Locust Grove may be used on an infrequent basis for access to the pasture; however, upon redevelopment or a change in use of the site, access via Locust Grove shall be prohibited in accord with UDC 11-3A-3A, unless otherwise waived by City Council and approved by ACHD. Development Agreement: The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Staff recommends approval of the proposed AZ application with an R-2 zoning in accord with the comments and conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Development Plans B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Thompson Farm AZ-13-004 PAGE 6 EXHIBIT A Exhibit A.1: Vicinity Map Thompson Farm AZ-13-004 PAGE 7 EXHIBIT A Exhibit A.2: Conceptual Development Plans Thompson Farm A7_-13-004 PAGE 8 F ,- .,.,.. ,i n:..... siiii EXHIBIT A EXHIBIT A Exhibit B: Agency Comments On March 7, 2013, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Republic Services. Staff has included all comments and recommended actions below. 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Clerk's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, 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, at minimum, incorporate the following provisions: a. The existing house shall hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-1-4A. b. Upon redevelopment of the site, the developer shall pipe the Hunter Lateral as set forth in UDC 11-3A-6A, unless otherwise waived by City Council. c. Access for this property shall be provided via Central Drive; the curb cut via Locust Grove may only be used for access to the pasture on an infrequent basis. Upon redevelopment or a change in use of the site, access via Locust Grove shall be prohibited in accord with UDC 11- 3A-3A, unless otherwise waived by City Council and approved by ACHD. d. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Ligh, ting. All street lights shall be installed at developer's expense upon redevelopment of the site. Final design shall be submitted as part of the development plan set for approval. Street li tin ig s required at intersections, corners, cul-de-sacs, and at a spacing,that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the ISPWC and the Cit~f Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this parcel is available via connection to the existing sewer stub in E. Central Drive. 2.2 Water service to this site is available via connection to the existing water stub in E. Central Drive. 2.3 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 shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the applicant will be responsible for the payment of assessments for the common areas. 2.5 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 Thompson Farm AZ-13-004 PAGE 10 EXHIBIT A 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 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. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Applicant shall coordinate mailbox locations with the Meridian Post Office. 2.16 Any and all grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department recommends that direct access to S. Locust Grove Road is prohibited. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. Thompson Farm AZ-13-004 PAGE 11 EXHIBIT A 6. PARKS DEPARTMENT 6.1 There are no pathways designated for this site. Therefore, the Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are site-specific conditions of approval that the District may require when it reviews a future development application for this site. The District may add additional site-specific requirements when it reviews a specific re-development application. 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of--way at the intersection of Central Drive and Locust Grove Road to accommodate the multi-lane roundabout consistent the illustration on attachment 3. The applicant will not be compensated for this right-of--way dedication, as the Locust Grove/Central roundabout project is not listed in ACRD CIP. 7.1.2 Payment of impacts fees are due prior to issuance of a building permit. 7.1.3 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD 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. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Thompson Farm AZ-13-004 PAGE 12 EXHIBIT A 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Thompson Fann AZ-13-004 PAGE 13 EXHIBIT A Exhibit C: Annexation Legal Description & Exhibit Map Legal Description Parcel S 1 1 18417401 -Annexation A parcel located in the SE %. of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of said SE'/., from which a brass cap monument marking the southeast comer of said SE '/. bears S 0°30'34" W a distance of 2659.40 feet; Thence S 0°30'34° W along the easterly boundary of said SE %4 a distance of 485.26 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing S 0°30'34" W along said easterly boundary a distance of 630.39 feet to a point; Thence leaving said easterly boundary N 45°46'26" W along the centerline of the Hunter Lateral a distance of 64.27 feet to a point; Thence continuing along said centerline N 36°29'46" W a distance of 171.89 feet to a point; Thence continuing along said centerline N 33°44'46" W a distance of 392.37 feet to a point; Thence continuing along said centerline N 23°30'26" W a distance of 128.83 feet to a point on the centerline of Central Drive; Thence along said centerline a distance of 16.88 feet along the arc of a 300.00 foot radius non- tangent curare left, said curare having a central angle of 3°13'22° and a long chord bearing S 88°51'14° E a distance of 16.87 feet to a point; Thence continuing along said centerline N 89°32'05" E a distance of 406.39 feet to the POINT OF BEGINNING; This parcel contains 3.37 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS oNp~ LAN Land Solutions, PC 5~ s February 22, 2013 ~~ ~ a 11118 RE A PROVAL ~ `~~` 2~2Z~i2s° 2 !~ 9TF U F SOP ~~ BY MAR 0 1 2013 roN w . ~Pa MERIDIAN PUBLIC WORKS DEPT. L.al'~~~~~11'1S LG Farm P-'cPe-hr ~~ Job No.13-02 um ar Cos"sy Thompson Farm AZ-13-004 PAGE 14 EXHIBIT A PARCELS 1 1 18417401 -ANNEXATION EXHIBIT LOCATED IN THESE 1/4 OF SECTION 18, T3N, R 1 E, BM, ADA COUNTY, IDAHO 1~' 1aP~n Ct CENTRAL DRIVE POINT OF N 89'32'05" E 406.39' BEGINNING Z ~a ~ - - w a~ 3 o._ ~~; ~9L i ANNEXATION AREA = 3.37 ACRES yG ~~` 7~ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING C1 1 37 1 T '14' 0 60 120 240 RE PPRaVAL >tsAS ~ BY , ?sy MAR 0 1 2013 ~ ;~ MERIDIAN PUBLIC ~ WORKS DEPT. N N J 18 17 19 20 Lan olutions Land Surveying and Consulting 231 E. 5TH Sf„ STE. A MERIDIAN, ID 83642 Izoal zae-zoao Izoel zes-zss~ rax www.landsdutiansbk Thompson Farm AZ-13-004 PAGE 15 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the recommended map amendment to R-2 is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the recommended map amendment to the R-2 zoning district is generally consistent with the purpose statement of the residential districts in that it contributes to the range of housing opportunities available in the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the recommended zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the recommended zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds annexing this property with a R-2 zoning district is in the best interest of the City as the property will be able to utilize available City services and it will reduce the enclave areas in this area of the City. Thompson Farm AZ-13-004 PAGE 16