Thompson Farm AZ 13-004ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 31
BOISE IDAHO 06!19!13 02:49 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF
Meridian City 113E+~~4~7
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. R. Orville and Heidi Thompson, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this
day of=~ur;e. iX'~ 2013, by and the City of Meridian, a municipal Corporation and
government subdivision of the state of Idaho, organized and existing by virtue of law of the State
of Idaho, hereinafter called "City" whose address is 33 East Broadway Avenue, Meridian, Idaho
83642 and R. Orville and Heidi Thompson, whose address is 3045 W. Sugar Crest, Eagle, ID
83616, hereinafter called "Owners/Developers".
L RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law
and/or equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property";
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,
by ordinance, require or permit as a condition of annexation and re-
zoning that the Owners/Developers made a written commitment
concerning the use or development of the 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, Owners/Developers have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and have
requested a designation of R-2 (Low Density Residential District),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developers made representations at the
public hearings both before the Meridian Planning 8z Zoning
Commission and before the Meridian City Council, as to how the
Property will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE l OF 9
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the Property held before the 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 7th day of May, 2013, has approved
Findings of Fact and Conclusions of Law, set forth in Exhibit "B",
which are attached hereto and by this reference incorporated herein as if
set forth in full, hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owners/ Developers to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER/DEVELOPERleem it to be in their 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 OwnerslDevelopers 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 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 on April 19, 2011,
Resolution No. 11-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title 11.
NOW, T H E RE F 0 RE, 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, USES PERMITTED BY THIS AGREEMENT:
3.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code.
3.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 2 OF 9
4. CONDITIONS GOVERNING DEVELOPMENT OF
PROPERTY:
4.1. Owner/Developer shall develop the Pro ert in accordan '
p y ce with the
following special conditions:
a. The existing house shall hook-up to Ci water and sewer servi '
tY ce within sixty (60)
days of the annexation ordinance approval b Ci Council as '
Y t3' set forth m MCC 9-1-
4A.
b. Upon redevelopment of the site, the develo er shall i
. p p pe the Hunter Lateral as set
forth in Unified Development Code 11-3A-6A unless oth '
Coun i ~ erwise waived by City
cl.
c. Access for the Property shall be provided via Central Drive• th '
e curb cut via Locust
Grove may only be used for access to the asture on an in '
• p frequent basis. Upon
redevelopment or a change in use of the site access via L
ro ' ' ~ ocust Grove shall be
p hibited in accord with UDC 11-3A-3A, unless otherwise wai '
ved by City Council
and approved by Ada County Highway District.
d. 100 Watt and 250 Watt, high-pressure sodium street li '
ghts shall be required on all
public roadways per the City of Meridian Im rovement
p Standards for Street
Lighting (the "Standards"). All street li hts shall be in
g stalled at developer s
expense upon redevelopment of the site. Final desi n shall be submit
art of th g ted as
p e development plan set for approval. Street li htin is re ui
intersection g g q red at
s, comers, 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 Idaho
Standards Public Works Construction and the Cit of M ' '
y eridian Supplemental
Specifications to the ISPWC. Contact the Cit of Meridian Tr ' '
Y ansportatlon and Utility
Coordinator at 898-5500 for information on the locations of exi '
sting street lighting.
5 • 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 Owners/Develo ers or Owners/D '
p evelopers heirs,
successors, assigns, to comply with Section 4 entitled "Conditions Governi
ng Development of
Property" of this agreement within two ears of the date this '
Y Agreement is effective, and after
the City has complied with the notice and hearin rocedur '
6 g p es as outlined in Idaho Code§ 67-
509, or any subsequent amendments or recodificationstherenf.
6. DEFAULT/CONSENT TO DE-ANNEXATIO
N AND REVERSAL 0 F
ZONING DESIGNATION:
6.1 Acts of Default. Either party's failure to faithful) com '
y ply with all of
the terms and conditions included in this A reement shall '
d g constitute
efault under this Agreement.
6.2 Notice and Cure Period. In the event of Owners/Develo er '
p s default of
this Agreement, Owners/Developers shall have thirt 30 da
y ( ) ys from
receipt of written notice from City to initiate commencement of acti
on to
correct the breach and cure the default, which action must be rosecut
. .. p ed
with diligence and completed within one hundred ei ht 180 '
g y ( )days,
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 3 OF 9
provided, however, that in the case of an such d •
. , y efault that cannot with
reasonable diligence be cured within such one hun
d Bred eighty (180)
ay period, then the time allowed to cure such failure sh
for su all be extended
ch period as necessary to com lete the curin
. , p g of the same with
reasonable diligence and continuity.
6.3 Remedies. In the event of default b
y Owners/Developers that is not
cured after notice as described in Section 6.2 Own
d ers/Developers shall be
eemed to have consented to modification of thi
s Agreement and
de-annexation and reversal of the zonin desi
sol g gnations described herein,
ely against the offending portion of Pro e
p rty and upon City s
compliance with all applicable laws, ordinances an '
. , d rules, Including any
applicable provisions of Idaho Code 67_
§ § 6509 and 67-6511.
Owners/Developers reserve all ri hts to contest
g whether a default has
occurred. This Agreement shall be enforceable in th
e Fourth Judicial
District Court in Ada County b either Cit or 0
Y y wners/Developers, or by
any successor or successors in title or by the assi ns of the
hereto. Enforcement g parties
may be sought by an appropriate action at law or in
equity to secure the specific performance of the
covenants, agreements,
conditions, and obligations contained herein.
6.4 Delay. In the event the erformance of
p any covenant to be performed
hereunder by either Owners/Develo ers or Ci
p ty is delayed for causes
that are beyond the reasonable control of the
party responsible for such
performance, which shall include, without limi • •
. tation, acts of civil
disobedience, strikes or similar causes the time
for such performance
shall be extended by the amount of time of such Bela
Y•
6.5 waiver. A waiver by City of an default b 0
Y y wners/Developers of any
one or more of the covenants or conditions hereof shall a 1 sole/
the default and def pp Y y to
aults waived and shall neither bar an other ri hts or
remedies of Cit Y g
y nor apply to any subsequent default of an such or
other covenants and con ' ' Y
ditions.
7• INSPECTION: Owners/Develo ers shall im
. p mediately upon completion of
any portion or the entirety of said development of the Pro ert as re uured b th'
b Cit ordin p Y q y is Agreement or
y y ance or policy, notify the City Engineer and request the Cit En ineer's ins
and written a royal of su Y g pections
pp ch completed improvements or portion thereof in accordance with th
terms and conditions of this A reement and e
g all other ordinances of the City that apply to said
Property.
8. REQUIREMENT FOR RECORDATION: Cit shall r
y ecord either a
memorandum of this Agreement or this Agreement, includin all of the Exhi
. g bits, at
Owners/Developers cost, and submit proof of such recordin to Owners/Develo r '
thir • ~ g pe s, prior to the
d reading of the Meridian Zoning Ordinance in connection with the re-z
oning of the
Property by the City Council. If for any reason after such recordation the Cit C
. y ouncil fails to
adopt the ordinance in connection with the annexation and zonin of the Pro ert
g p y contemplated
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 4 OF 9
hereby, the City, at City's cost, shall execute and recor '
d an appropriate instrument of release of
this Agreement.
9• ZONING: Cit shall followin '
A Y ~ g recordation of the duly approved
greement, enact a valid and binding ordinance zoning the Pro ert as s ecified h '
p Y p ereln.
10. SURETY OF PERFORMANCE: '
The City may also require surety
bonds, irrevocable letters of credit, cash de ossts ce i
. , p rt fied check or negotiable bonds, as
allowed under Meridian City Code § 11-5-C with res ect t
p o improvements required by the City.
11. CERTIFICATE OF OCCUPANCY: Unl '
ess otherwise agreed by the
City in writing, no Certificates of Occu anc shall be is •
p y sued in any phase in which the
improvements have not been installed, completed, and acce ted b the Cit .
p Y Y
12. ABIDE BY ALL CITY ORDINANCE
S . That Owners/Developers agree
to abide by all City ordinances.
13. NOTICES: Any notice desired b the •
y parties and/or required by this
Agreement shall be deemed delivered if and when ersonall d 1'
p y e ivered or three (3) days after
deposit in the United States Mail, registered or certified m i •
a 1, postage prepaid, return receipt
requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83 642
OwNER/DEVELOPER
R. Orville and Heidi Thompson
3045 W. Sugar Crest
Eagle, Idaho 83616
13.1 A party shall have the right to change its address b deliveren t
y g o the other
party a written notification thereof in accordance with the re uirements of this sec i
q ton.
14. ATTORNEY FEES: Should an liti ation be commen
Y g ced between the
parties hereto concerning this Agreement, the prevailin shall be '
.. g party entitled, m
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 rovision shall be
p deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of
this Agreement.
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 5 OF 9
15. TIME IS OF TIC 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.
16. 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 Owners/Developers of the Property, each subsequent
owner and any other person acquiring an interest in the Property. Nothing herein shall in
any way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Owners/Developers, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Owners/Developers have fully performed their obligations
under this Agreement.
17. 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.
18. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners/Developers and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owners/Developers 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.
18.1 No condition governing the uses and/or conditions governing re-zoning of the
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.
19. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk. '
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 6 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
. Orville Thompson
CITY OF MERIDIAN
Mayor T
~b~_
Heidi Thompson
ATTEST:
~+u~~\
de Weerd Lary o~
~F, IDIAN~
IDAHO
s
F S~~T
~C J~!'1-L, `~'
$•, v~
~F9 4Q'
ofrL: Tn@3511Q-E
L. Holman, City Clerk
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 1 OF 2
STATE OF IDAHO, )
ss
County of Ada )
On this ~-da of ~ ~ , 2013, before me, the undersigned, a
Y
Notary Public in and for said State, personally appeared R. Orville Thompson known or
identified to me to be the person who executed the agreement and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
`,~~~tlifl~i~~~/
(SEAL) ~~` l.~~C/ ~~i
.~ ~~`' ~.
.~ ~~-
~'
t ~
~ My ~
~r~~r-
~i~ ~ ~~
• ~- ~-
i ~ 1~ ~
,~ Ct~ ~~
~~~~~~~t~~~~
STATE OF IDAHO, )
ss
County of Ada )
Notary P Idaho
Residing at: ~L~ , ~~
My Commission Expires: ~a ~ ~D/
On this ~~- da of ~~ 2013 before me the undersi ned a
y g
Notary Public in and for said State, personally appeared Heidi Thompson known or identified
to me to be the person who executed the agreement and acknowledged to me that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
`~~~~`~ ~LEB~ jar,
(SEAL) ~. ~ ~
~pjMy
~~
~t~t,~-
','•~,~~l~` CAF ~~h
Notary Publi aho
Residing at: ~~
My Commission Expires: ~~ ~ ~/
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004)
PAGE 8 OF 9
i
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~ y ~ , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L . Holman, know or identified to me to
be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument
of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL) ; °,1Cp'- Jp~~••
. ~, O~ AR.A ~ ~ •
.,~,,$ ~,
...,
• ,' ~ ~
. ~ .
• `~
••.;fE OF ;~••
•.....
ary Public for daho
Residing at: ~~rt ~ o~,+rl _ ~
Commission expires: ~~,.n ~ .JCKy
DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 9 OF 9
Exhibit A
Exhibit A: Annexation Legal Description
l.eaal Descriation
.~
Parcel S 1118417401- Annexation
A parcel located in the SE % of Section 18, Township 3 North, Range 1 East, Boise INeridian,
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 f bears S 0°30'34 1N a
distance of 2fi59.40 feet;
Thence S 0°x'34° 1N along the easterly boundary of said SE '~~ a distance of 485.26 feet to a
5I8 inch diameter iron pin and the POINT OF BEGINNING;
Thence continuing S 4°30'341111 along said easterly boundary a distance of 6.39 feet to a
point;
Thence leaving said easterly boundary N 45°46'26 W along the centerline of the Hunter lateral
a distance of fi4.27 feet to a point;
Thence continuing along said centerline N 3fi°29'4fi~ UV a distance of 171.8~9 feet to a mint;
Thence can~nuing along said centerline N 33°44'46 W a distance of 392.37 feet to a point;
Thence continuing along said centerline N 23°30'2fi» 1N 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 304.00 foot radius non-
tanger~t curve left, said curare having a central angle a# 3°13'22' and a chord bearing S
88°51' 14 E a d~tance of 16.87 feet to a point;
Thence c~tinuing along said centerline N 89°32'05" E a distance of 406.39 feet to the POINT
OF BEGINNING;
This parcel contains 3.31 acres and is subject to any easements existing or in use.
Clinton U11. Hansen, PLS
Land Solutions, PC
February 22, 2013
RE A PROVAL
BY.
MAR 0 1 2013
o~,pt ~Aa
°~~ 3
~r4 L
a 11118
~, ~~ 2/2Z~i?s° 2
!,'lE pF ~p~' ~<4
~bT~k W NPR
l'~ER1DlAN PUBLIC
WORKS DEPT.
~~~~~
LG Famt Pro~cty
.lob No,13-02
Thompson Farm (AZ 13-004)
Exhibit B
CITY OF MERIDIAN
FINDINGS QF FACT, CQNCLUSIQNS OF LAW
AND
DECISIQN & QRDER
~~Vl E IDIAN~--
IDAHO
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. Qrville & Heidi L. Thompson.
Case No(s}. AZ-13-004
For the City Council Hearing Date of; April 23, 2013 (Findings on May 7, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 23, 2013, incorporated by
reference}
2. Process Facts (see attached Staff Report for the hearing date of April 23, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 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 19?5," codified at Chapter b5, 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, l 1-784 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.
b. 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
-I-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 23, 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 April 23, 2413, 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 April 23, 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 Councilgranting annex.ationand/or rezone (UDC 11-SB-3D).
A modification to the development agreement maybe 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 morethantwenty-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 property 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 April 23, 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 an the
201.3.
COUNCIL, PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~~
day of ,
I
Attest:
aaycee lman, City Clerk
Mayor Tames
R
~~~~d~;1' ;~~ ~ Lr~~~;
~ ~~
..~~
~~
~~
fE ~AN'~-.
~~~wo
~~ S
~r ~~
~~ ~f r ~ ~ r R ~ ~ct1~`~'
Weerd
Copy served upon Applicant, The Planni ent, Public Works Department and City Attorney.
By: Dated.
Citj~Cl k's
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-I3.004
.3.
EXHIBIT A
STAFF REPORT
HEARING DATE: April 23, 2013 ''
IDAHO
Toy Mayor & City Council
FRGM: Sonya V4~atters, Associate Ci Planner
208-884-SS33
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ-13-004 -Thompson Farm
I. SUMMARY DESCRIPTION OF APPLICANT'S RE VEST
Q
The applicants, R. Orville & Heidi Thompson, have submitted an a lira i '
zoning (AZ of 2.38 acres of PP ton for annexation and
land with a C-C (Community Business zonin district. '
Anal sis or more in or ~ g See Section IX
Y f f matron.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ a lication with an R- '
Findin s of Fact and ~ . pA 2 zoning district, based on the
g Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Plannin & Zonin Commission heard these items on M
arch 21 2013. At the
ublic hearin the Commission moved to recommend a royal of the s '
ub ect AZ re uest.
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 resentin a lication: Son a Watters
vi. Other staff commentin on a lication: None
b. Key Issue(s) of Discussion by Commi~cinn;
i. None
c. Kew Commission Change(s) to Staff Recommendation:
i. Based on the a licant's re nest & staff's reco mm endation the Commission
recommends comment #2.21 ertainin to street li hts is included as a DA royision for
re uirement u n redevelo ment of the site see DA rovision #l.ld .
d. Outstandin Issues for Ci Council:
~. None
,.
..
' iect A . reaue~t.
8~ rv Of itV Cnilnril Pnhlin ueQ; ;p¢.
-~-~
L In favor: am Tnhnrn~
_
,
1L ' 'on: Non
lily Commentin~_None
lY~ ~ ~ ' onv: Non
~ '.
_ - onus
Yi, ther staff commenting on anolication;
Thompson Farm AZ-13-004 PAGE 1
EXHIBIT A
..
~ •
III. PROPQSED MQTIQN
Approval
After considering all staff, applicant and ublic testimon I
004 as resented in th p Y~ move to approve File Number AZ-13-
p, a staff report for the hearing date of April 23, 2013 with the '
modifications: (Add any proposed modification following
s.)
Denial
After considering all staff, applicant and public testimon Imo '
presented in the staffre ort ~ Y~ ve to deny File Number AZ-13-004 as
p for the hearing date of Apri123, 2013, for the followin reasons: Y
should state specific reasons for denial. g (ou
}
Continuance
I move to continue File Number AZ-13-004 to the hearing date of (insert continued heazing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATIQN 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 Tow '
nsh~p 3 North, Range 1 East.
B. Owner{s):
R. Orville & Heidi L. Thompson
3 045 W. Sugar Crest
Eagle, ID 8361 b
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. PRQCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is re uired before the
q
Planning & Zoning Commission and City Council on this matter, consistent with Meridian Ci
Code Title 11 Cha ter 5. ~
p
$. Newspaper notifications published on: March 4, and 18, 2013; April 1, and 15, 2013 (,City
Council
C. Radius notices mailed to properties within 300 feet on: February 28, 2013 (Commission); March
28, 2013 (Ci , Council
D. Applicant posted notice on site by: March 11, 2013 {Commission); Apri112, 2013 (Gifu 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 Zonin :
g
l , North: E, Central Drive and rural residential property, zoned R6 in Ada Coun
2, East: Locust Grove Road and single-family residential pro e , zoned Rl in Ada Coun
p ~Y ty
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-o04 PAGE 3
EXHIBIT A
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer is available to serve the subject ' '
stubs in E. Central Drive. J parcel from existing
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 alon the sout •
g hwest boundary of this site
on and off the site.
2. Hazards: Staff is not aware of any hazards that exist on this site e
which ma re resent a xcept for the Hunter Lateral
Y P danger to small children.
3. Flood Plain: This site does not lie within a flood lain or floodw
P ay.
VII. COMPREHENSIVE PLAN POLICIES AND GUALS
This property is designated Commercial on the Com rehensive Plan F
The Commercial desi ation P uture Land Use Map (FLUM}.
gn provides a full range of commercial and retail to serve area residents
and visitors. Uses may include retail, wholesale, service and office use
well as a ro riate ublic , s, multi-family residential, as
PPP p uses such as government offices. Within this land use sate o s ecific
zones maybe created to focus commercial activities uni u g ~~ P
q e to their locations. These zones may
include neighborhood commercial uses focusin on s ecialized servic •
to that zone. g P e for residential areas adjacent
This site is not proposed to redevelop in the foreseeable future' the use is int n '
residential. Therefore altho ~ e ded to remain
ugh the site is designated for commercial use, staff is recommendin the
property be annexed with an R-2 zoning district to remain consistent ' ' g
with the existing and continued
residential use of the property. At such time as a change in use and/or redevelo men '
applicant should rezone the roe p t is proposed, the
p p rty to a commercial zoning district consistent with the FLUM.
Staff finds the following Comprehensive Plan policies to be a licable to this ro e
the ro osed use staff anal si ' PP P P rtY and apply to
P P ( y s in atalics}:
• "Require that development projects have planned for the provision of all ublic services."
(6.oz.olB} P
When the City established its Area of City Impact, it planned to provide Ci services to the
subject ro er .The Ci o ' ' ~
J p p tY ty f 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 b the Ada
v
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 YYater Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanit
Services Company.
• "Explore options to annex County parcels that are contiguous with City limits to allow for more
efficient provision of City services." (3.04.01 F}
The property owner has requested annexatian 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 e~cient 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 I 1-2A-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 2.3 8 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 tohook-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 inthe C-C district. Rather than create
Thompson Farm AZ-13-004 PAGE S
EXHIBIT A
anon-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 asingle-
familydwelling isproposed to remain; the applicant has no plans to re-develop the site in the
foreseeable future.
City water & sewer service: The existing house isrequired tohook-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 ACRD.
Development Agreement: The City may require a development agreement (DA} in conjunction
with an annexation pursuant to Idaho Code section b7-6511A. 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
EXHIBYT A
Exhibit A.2: Conceptual Development Plans
~~.
EXHIBIT A
,. _
Y ;:~
1"hompson I~'arm AL-13-00~ PAGEa 9
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 {b0) 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-bA, 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 Lighting. All street
lights shall be installed at developer's expense upon redevelopment of the site. Final designn
shall be submitted as part of the development plan set for approval. Street li_~htin 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
existin street li htin~. ~~-~-~
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 berequired. If asingle-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 Ci 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 com 1 with
PY
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.
2.1 b 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 buildin
g
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 andlor
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. PQLICE 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 Faun AZ-13.004 PAGE 11
EXHIBIT A
6. PARKS DEPARTMENT
6.1 There are no pathways designated for this site. Therefore the Park' D
s epartment has no
comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are site-s eci ac conditions o
the District m ~ p f f approval Hurt
ay requrre when rt reviews a future development application for this site. The
District may add additional site-specafic requirements when it reviews a s eci rc -
application. p f re development
7.1 Site Specif c Conditions of Approval
7.1.1 Dedicate additional right-of-way at the intersection of Central Drive and Loc
accommodate the multi-la ust Grove Road to
ne roundabout consistent the illustration on attachment 3. The
applicant will not be compensated for this right-of-way dedication as the Locust
roundabout ro'ect is no li ~ Grove/Central
p ~ t sted in ACID CIP.
7.1.2 Payment of impacts fees are due prior to issuance of a buildin ermit.
gp
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 ri
ght-of-way.
7.2.2 Private sewer or water systems are prohibited from bein located within the '
g ACRD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the a licant ma be re uired to ' '
pP Y q update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should rovide docum '
ADA compliance to District Develo p entation of
pment Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and an that ma be d m '
construction of the ro osed Y Y a aged during the
p p 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 olio is re it
landsca in ro osed w' P Y qu ed for all
p g p p ithin ACRD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street fronta es abuttin the site shall
borne b the develo er. g g be
Y p
7.2.7 It is the responsibility of the applicant to verify all existin utilities within the ri ht-of-wa .
g g y The
applicant at no cost to AChID shall repair existing utilities damaged by the a licant. The
applicant shall be re uired to call pp
q DIGLINE (1-811-342-1585) at least two full business days
prior to breakrng ground within AC~-ID right-of way. The applicant shall contact ACRD Traffic
Operations 3 87-6190 in the event any ACRD conduits (spare or filled) are compromised Burin
any phase of construction. g
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in wrhin
by the District. Contact the District's Utili Cori g
ty o d nator 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 Farm AZ-13-004
PAGE 13
EXHIBIT A
Exhibit C: Annexation Legal Description & Exhibit Map
Legal Destriotion
Pane! S 11 i 84 f 7401- Annexation
A parcel located in the SE %4 of Se~ion 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 corner of said SE'/~, from which
a brass cap monument marking the southeast comer of said SE '/4 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
518 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 fit to a
point;
Thence leaving said easterly boundary N 45°46'2fi" W along the centerline of the Hunter Lateral
a distance of 64.27 feet to a point;
Thence continuir~ along said centerline N 3fi°29'46" W a distance of 171.89 feet to a post;
Thence continuing along said centerline N 33°44'46" Vv a distance of 392.37 feet to a pout;
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-
#angent curve left, said curve having a central angle of 3°13'22' and a long d~ord bearing S
88°51'14" E a d~tance 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 e~asting or in use.
Clinton W. Hansen, PLS o~t-~ ~A k
Land Solutions, PC 5` s
February 22, 2013 ~~ ~
RE A PROVAL
BY
MAR 01 2013
d 11118
~`"~z/2Z~i3~°2
!~ 9~'F OF SOP 5~
yr~k W .NPR
MERIDIAN PUBLIC
WORKS DEPT.
~ ~~~~
~+w sum r~.R c..w~
Thompson Farm AZ-13 -a04
LG Farm PtgpertY
.bb No.13-0Z
PAGE 14
EXHIBIT A
PARCELS 1 1 18417401 -ANNEXATION EXHIBIT
LOCATED IN THE SE 1/4 OF SECTION 18, ~~4
T3N, R1 E, BM, ADA COUNTY, IDAHO t8~,~
N
C1 ~~' ~~
N 89'32'05" E 406.39'
Z ....
-~., a~-1 a~ -
. ,
~~
''~,,
ANNExAT10N AREA ~ 3.37 ACRES
ti
~~-.
~,~~ ~-,,
,~~ ~,
~ ~
~o
ti~
7 I
~~
CURVE TA6LE ~~i `~;~
. ~
CURVE LENGTH RADIUS DELTA CHORD BEARING ~ '
C' 1 1 ~ I y 1 1, ~
PPROVAL ~s~~~r ~~
RE
BY ~sy
•
~~ o f 203
w
MERIDIAN PUBLIC ~
WORKS DEPT.
3
0
N
0{
n
~°
POINT OF
BEGINNING
fa ~~
19 20
~~
n
Land Surveying and Consulting '~
23! E, 5TH STM STE. A
MERIDIAN, ~ 83642
{208 28&2040 {208 288-2557 I~t
www,landsdutlontbiz
Thom son Farm AZ-13-004 PAGE 15
P
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 f nds 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 11-5&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