HomeMy WebLinkAboutJabil Circuit
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PARTIES: 1.
2.
A~.O.U' . .~. R.ECORDED'REOUESTOF
DEVELOPM~ t-C{?
. . .' ~ \~ FEE
City of MeriddR99HY 20 PM I: 28
WILLIAM A. HON, a married man, as his separat~ ~,ll.~,O 962
ROLAND L. HON, a married man, as his separate estate,
WILLIAM E. NORRIS, a married man, as his separate
estate
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this G~ day of ~ ,1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and WILLIAM A. HON, a married man, as his
separate estate, and ROLAND L. HON, a married man, as his separate estate,
and WILLIAM E. NORRIS, a married man, as his separate estate, hereinafter
called "DEVELOPER", whose address is P.O. Box 828, Boise, Idaho 83701.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
1.
RECITALS:
1.1 WHEREAS, 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, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.c. S67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or developer make a written
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 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, DEVELOPER has submitted an application
for annexation and zoning of the Property's described in
DEVELOPMENT AGREEMENT - 1
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Exhibit A, and requested a designation of (I-Ll Light
Industrial, (Municipai Code of the City of Meridian); and
1.5 WHEREAS, DEVELOPER made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the SUBJECT PROPERTY will be developed
and what improvements will be made; and
1.6 WHEREAS, record ofthe proceedings request for
annexation and zoning designation of the SUBJECT
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 6th day of April, 1999, has
approved certain Findings of Fact and Conclusions of Law
in decision and order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated as if set
forth in full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the DEVELOPER
enter into a development agreement before the City
Council takes final action on annexation and zoning
designation; and
1.9 DEVELOPER deems it to be in its best interest to be able
to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging
and requests; and
1.10 WHEREAS, CITY requires the DEVELOPER to enter into
a development agreement for the purpose 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 been established as
a result of evidence received by the City in the proceedings
for annexation and zoning designation from government
subdivisions providing services within the planning
jurisdiction and from affected property owners and to
DEVELOPMENT AGREEMENT - 2
,
ensure annexation and zoning designation is in accordance
with the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance #629, January 4,
1994, and the Zoning and Development Ordinance
codified in Title 11, Municipal Code of the City of
Meridian.
2.
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:
2.1 "City": means and refers to the City of Meridian, County
of Ada, State of Idaho.
2.2 "Developer": means and refers to the person(s) developing
the SUBJECT PROPERTY.
2.3 "Subject Property": means and refers to a certain tract of
land in the County of Ada, City of Meridian, State of
Idaho, as described in Exhibit "An, attached hereto and by
this reference incorporated herein as if set forth at length
together with improvements thereon.
3. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are those
uses allowed under CITY's Zoning Ordinance codified at
Section Municipal Code of the City of Meridian.
4.2 DEVELOPER agrees that this Agreement specifically
allows only the uses and/or conditional uses described in
the above referenced Zoning Ordinance on the date thereof
and which uses are specifically incorporated herein.
4.3 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT - 3
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPER shall develop SUBJECT PROPERTY including the
obtainment of the appropriate permits and compliance with CITY ordinances
regarding the building permits and other life safety codes applicable to such
development in accordance with the following special conditions:
5.1 The legal description supplied in the application describes
a parcel that is 55.953 acres. In order to prepare an
ordinance for annexation, a separate description will be
required for the 0.53 acres. Said description should
include V2 of the adjacent 1-84 right-of-way. Applicant
shall submit a description for the 0.53 acres. The new
description shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation
must place the subject parcel contiguous to the existing
city limit boundary.
5.2 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605.M. The ditches to be piped
should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches
crossing this project.
5.3 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape
irrigation.
5.4 Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the
City of Meridian.
DEVELOPMENT AGREEMENT - 4
5.5 That the Applicant provide all the needed information
required by the Meridian Wastewater Department, and
that the Developer comply with all pretreatment
requirements of the City's ordinance in order to discharge
into its system.
5.6 That the Applicant require all contractors to minimize, as
is reasonably possible, the use of Locust Grove street as an
access to the site and to instruct all drivers to observe the
speed laws, and the Applicant is to work with ACHD on
appropriate maintenance of said road required by the roads
usage for access for construction of the development.
Adopt the Nampa & Meridian Irrigation District Requirements as follows:
5.7 The Developer must contact the Nampa & Meridian
Irrigation District for approval before any encroachment or
change of right-of-way occurs.
5.8 A Land Use Change Cite Development Application must
be filed for review prior to final platting.
5.9 All laterals and wasteways must be protected.
5.10 All municipal surface drainage must be retained on site.
5.11 If any drainage leaves the site, the Nampa & Meridian
Irrigation District must review drainage plans.
5.12 The Developer must comply with Idaho Code S 31-3805.
5.13 It is recommended that irrigation water be made available
to all developments within the Nampa & Meridian
Irrigation District.
5.14 The Applicant and the City will provide that the berming
along the Locust Grove side abutting the adjacent
neighbors be 3' to 6' in height and 25' in addition to the
canal easement.
6. INSPECTION: DEVELOPER shall, immediately upon
completion of any portion or the entirety of said development of the Property,
notify the City Engineer and request the City Engineer's inspections and
DEVELOPMENTAGREEMENT-5
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement
and all other ordinances of the City that apply to said Development.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the commitments
contained herein within two (2) years, and after complying with the notice and
hearing procedures as outlined in S 67-6509, Idaho Code, or any subsequent
amendments or recodifications thereof. Provided, however, no such consent to
rezone shall occur unless CITY provides written notice of any failure to comply
with this Agreement to DEVELOPER and DEVELOPER fails to cure such
failure within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon notification
for such by DEVELOPER, and after complying with the notice and hearing
procedures as outlined in S 67-6509, Idaho Code, or any subsequent
amendments or recodifications thereof.
8. REQUIREMENT FOR RECORDATION: CITY shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and 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.
9. ZONING: CITY shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the Property
as specified herein.
10. DEFAULT
10.1 In the event DEVELOPER, 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 connections with
the Property, this Agreement may be modified or
terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
DEVELOPMENT AGREEMENT - 6
10.2 A waiver by CITY of any default by 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.
11. REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
11.1 In the event of a material breach of this Agreement, the
parties agree that CITY and DEVELOPER shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time within
such failure may be cured shall be extended for such period
as may be necessary to complete the curing of the same
with diligence and continuity.
11.2 In the event the performance of any covenant to be
performed hereunder by either 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.
12. SURETY OF PERFORMANCE: The CITY may also require
surety bonds, irrevocable lettt:rs of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled
Ordinances of the CITY of Meridian, to insure that installation of the
improvements, and the DEVELOPER agrees to provide such, if required by the
CITY.
DEVELOPMENT AGREEMENT - 7
13. CERTIFICATE OF OCCUPANCY: The DEVELOPER agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and 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.
14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER
agrees 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.
15. 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:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
WILLIAM A. HON, a married man, as
his separate estate, and ROLAND L.
HON, a marriedman, as his separate
estate, and WILLIAM E. NORRIS, a
married man, as his separate estate
P.O. Box 828
Boise, ID 83701
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPMENTAGREEMENT-8
15.1 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.
16. 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.
17. 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.
IS. 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 of the Property, each subsequent owner and each 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 benefitted and bound by the conditions and restrictions
herein expressed. CITY agrees, upon written request of DEVELOPER, to
execute appropriate and recordable evidence of termination of this Agreement
if CITY, in its sole and reasonable discretion, had determined that
DEVELOPER has fully performed its obligations under this Agreement.
19. 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 therefrom and the invalidity thereof shall not affect any
of the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all parties
from any obligations hereunder.
20. FINAL AGREEMENT. This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
DEVELOPER and CITY relative to the subject matter hereof, and there are no
DEVELOPMENT AGREEMENT - 9
promises, agreements, conditions or understanding, either oral or written,
express or implied, between 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.
20.1 No condition herein provided can be modified or
amended in connection other than as provided for herein
and after public hearing by the City Council, in accordance
with the notice provisions provided for zoning designation
or amendment under enforcement at the time.
21. 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 - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
BY: r-J~~ G.~
William A. Hon
BY: .e~ <- ~
Roland L. Hon
BY: ~ [.~
William E. Norris
CITY OF MERIDIAN
BY:
"'
Attest:
BY RESOLUTION NO.
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DEVELOPMENT AGREEMENT - 11
STATE OF IDAHO )
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COUNTY OF ADA)
On thi~5~ay of ~~ , in the year 1999, before
me, ~fleRI /b:I.€-I2d a Notary Public, personally appeared WILLIAM A.
HON, a married man, as his separate estate, known or identified to me to be the
person who executed the instrument and acknowledge to me having executed the
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On thi~ay Of~~. , in the year 1999, before
me, (liteRA /4J.~ a Notary Public, personally appeared ROLAND L.
HON, a married man, as his separate estate, known or identified to me to be the
person who executed the instrument and acknowledge to me having executed the
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DEVELOPMENT AGREEMENT - 12
STATE OF IDAHO )
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COUNTY OF ADA)
On this3t7~ay of LtrJ~ , in the year 1999, before
me, MERI k4RPE:N a Notary Public, personally appeared WILLIAM E.
NORRIS, a married man, as his separate estate, known or identified to me to be
the person who executed the instrument and aclcnowledge to me having executed
the same.
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STATE OF IDAHO )
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County of Ada )
On this ;Z~ day of tr; I . ,in the year Wi 'l,
before me, a Notary Public, personally appear ti Robert D. Corrie and WIlham
G. Berg, lcnow or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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mswZ:\WorklMlMeridian 15360M\Jabil CircuitsIDevAmgmt
DEVELOPMENT AGREEMENT - 13
Legal Description Of Property
DEVELOPMENT AGREEMENT - 14
EXHIBIT A
JABIL CIRCUIT ANNEXATION AND ZONING PARCEL
OF 1.49 ACRES
A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the center of Section 18, T.3N., R.IE., thence S 00027'58" W
1325.36 feet along the west line of the SE 1/4 of above said Section 18 to the
northwest corner of the SW 1/4 of the SE 1/4 of said Section 18; thence N 89038' 18"
E 860.84 feet along the north line of the SW 1/4 of the SE 1/4 of said Section 18 to
the Real Point of Beginning of this description;
Thence continuing N 89038' 18" E 464.45 feet along the north line of the SW 1/4 of
the SE 1/4 of said Section 18 to the northeast corner of the SW 1/4 of the SE 1/4 of
said Section 18;
Thence S 00029'41" W 49.74 feet along the east boundary of said SW 1/4 of the SE
1/4 of said Section 18 to a point on the north right-of-way of Interstate 84;
Thence S 00026'42" W 100.00 feet along the east boundary of said SW 1/4 of the SE
1/4 of said Section 18 to a point on the centerline of the Interstate 84 right-of-way;
Thence N 89033' 18" W 440.26 feet along the centerline of the Interstate 84 right-of-
way to a point;
Thence N 00026'42" E 100.00 feet to a point on the north right-of-way of Interstate
84;
Thence N 28043'02" W 49.47 feet to the Real Point of Beginning of this
description.
This parcel contains 1.49 acres, more or less.
JABIL CIRCUIT REZONE PARCEL
OF 55.79 ACRES
A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the center of Section 18, T. 3N., R. IE., thence S 00027'58" W.
386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real
Point of Beginning of this description;
Thence continuing S 00027'58" W 939.34 feet along the west line of the SE 1/4 to
the northwest corner of the SW 1/4 of the SE 1/4;
Thence N 89038'18" E 1325.29 feet along the north line of the SW 1/4 of the SE 1/4
to the northeast corner of the SW 1/4 of the SE 1/4;
Thence S 00029'41" W 49.74 feet along the east boundary of the SW 1/4 of the SE
1/4 to a point on the north right of way ofInterstate 84;
Thence S 89033'18" E 214.01 feet along the north right of way ofInterstate 84 to a
point;
Thence N 84033'33" E 200.89 feet along the north right of way of Interstate 84 to a
point;
Thence S 89032'33" E 911.28 feet along the north right of way of Interstate 84 to a
point on the east line of said SE 1/4, said east line being the centerline of South
Locust Grove Road;
Thence N 00031'12" E 264.80 feet along said east line to a point on the centerline of
Hunter Lateral;
Thence N 52044'13" W 26.00 feet along the centerline of the Hunter Lateral to a
point;
Thence N 42026' 19" W 88.60 feet continuing along the centerline of the Hunter
Lateral to a point;
Thence N 35"10'55" W 277.80 feet continuing along the centerline of the Hunter
Lateral to a point;
Thence N 32026'13" W 227.50 feet continuing along the centerline ofthe Hunter
Lateral to a point;
Thence N 23044'13" W 113.07 feet continuing along the centerline of the Hunter
Lateral to a point;
Thence N 89011'28" E 413.65 feet to a point on said east line of the SE 1/4;
Thence N 00031'12" E 50.01 feet along said east line to a point;
Thence S 89011'28" W 435.96 feet to a point on the centerline of the Hunter Lateral;
Thence N 23044'13" W 100.50 feet along the centerline of the Hunter Lateral to a
point;
Leaving the centerline of the Hunter Lateral, thence S 89039'33" W 2116.27 feet to a
point;
Thence S 00020'27" E 54.54 feet to a point on a curve;
Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet,
tangents of 34.40, central angel of 39048'41", and a long chord bearing N 64048'36"
W 64.69 feet to the Real Point of Beginning of this description.
This parcel contains 55.79 acres, more or less.
msgJZ:\Work\M\Meridian I 5360M\Jabil Circuits\ReZonLegal
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 15
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR ANNEXATION OF .53 ACRES AND )
REZONING OF 55.79 ACRES BY )
WILLIAM A. HON )
)
)
)
)
)
File No. AZ- 99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND
ORDER GRANTING
APPLICATION FOR
ANNEXATION AND
REZONING
The above entitled matters of annexation and zoning application of .53
acres and rezoning of 55.79 acres having come on for public hearing on March 16,
1999, at the hour of 7:30 o'clock p.m., and Council having received the report of
Shari Stiles, Planning and Zoning Administrator, and written comment from the
Public Works Director, Gary Smith, and Mr. Bill Andre' having appeared for the
applicant, and appearing and testifying in opposition, or with concerns, were persons
who reside in the vicinity, including Mr. Roger Osterhues, Robert R. Smith, Reese
Mc Mullian, Randy Walters, Norm Markem, Archy Robinson, and John Secamp,
and the Council having received the record of this matter made before the Planning
and Zoning Commission, and having received their Recommendation to the City
Council, and the City Council having duly considered the evidence and the record in
this matter therefore makes the following Findings of Fact and Conclusions of Law,
Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC) - I
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation
and zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for March 16, 1999, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the March 16,
1999, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code SS 67-6509 and 67-6511, and SS 11-2-416E
and 11-2-417 A, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC) .2
City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4. Facts appertaining to the re-zone application:
4.1 The property is approximately 55.79 acres in size. The
propeny is located to the north of 1-84 and south of the
State of Idaho Department of Law Enforcement facility
between Statford Drive and Locust Grove. The property
is designated as the Jabil Circuits development.
4.2 The owners of record of the subject property are William
A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box
828, Boise, Idaho 83701.
4.3 Applicant is William A. Hon, of P.O. Box 828, Boise,
Idaho 83701.
4.4 The property is presently zoned by Ada County as General
Retail and Service Commercial (C~G), and consists of
undeveloped agricultural land.
4.5 The Applicant requested the property be zoned as Light
Industrial (I-L).
4.6 The proposed site of the subject property is surrounded by
residential, commercial, office and light industrial
development .
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. BON (JABIL CIRCUIT, INc.) - 3
4.7 The subject property is within the City limits of the City
of Meridian.
4.8 The entire parcel of the property is included within the
Meridian Urban Service Planning Area as the Urban
Service Planning Area is defined in the Meridian
Comprehensive Plan.
4.9 The Applicant proposes to develop the subject property in
the following manner: Construct and operate a high-tech
manufacturing facility.
4.10 The Applicant's requested zoning of the subject real
property as Light Industrial (I-L) is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Existing Urban
Development.
4.11 There are no significant or scenic features of major
importance that affect the consideration of this
application.
5. Facts appertaining to the annexation and zoning designation
application:
5.1 The property is approximately .53 acres in size. The
property is generally located to the north of 1-84 and south
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC) - 4
of the State of Idaho Department of Law Enforcement
facility between Statford Drive and Locust Grove. The
property is designated as the Jabil Circuits development.
5.2 The owners of record of the subject property are William
A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box
828, Boise, Idaho 83701.
5.3 Applicant is William A. Hon, of P.O. Box 828, Boise,
Idaho 83701.
5.4 The property is presently zoned by Ada County as Rural
Transition (RT), and consists of undeveloped agricultural
land.
5.5 The Applicant requests the property be zoned Light
Industrial (I-L).
5.6 The City limits of the City of Meridian are adjacent and
abut to the north, east and west of the subject property.
5.7 The entire parcel of the property is included within the
Meridian Urban Service Planning Area as the Urban
Service Planning Area is defined in the Meridian
Comprehensive Plan.
5.8 The Applicant proposes to develop the subject property in
the following manner:. Construct and operate a high-tech
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 5
manufacturing facility.
5.9 The Applicant's requested zoning of the subject real
property as Light Industrial (I-L) is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Existing Urban
Development.
5.10 There are no significant or scenic features of major
importance that affect the consideration of this
application.
6. The property owners who testified expressed concern over the
ability of Locust Grove to handle additional traffic generated by the construction of
the project and use thereafter. There was also concern by some with the view from
their property of a parking lot, although the Applicant's proposed berm was well
received as a buffer to neighboring properties of the project.
7. Gary Smith, City Engineer and Public Works Director, was
concerned about the quality of the effluent to be discharged into the City's sewer
system and requested that the development agreement include pretreatment
requirements.
8. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 6
not impose expense upon the public if the following conditions of development are
imposed:
8.1 Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
8.1.1 The legal description supplied in the application describes a
parcel that is 55.953 acres. In order to prepare an ordinance for
annexation, a separate description will be required for the 0.53
acres. Said description should include Yz of the adjacent 1-84
right-of-way. Applicant shall submit a description for the 0.53
acres. The new description shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The
legal description for annexation must place the subject parcel
contiguous to the existing city limit boundary.
8.1.2 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
8.1.3 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
8.1.4 Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the City of
Meridian.
8.1.5 The Applicant shall enter into a Development Agreement with
the City, the content of which should be negotiated and
determined between staff and the Applicant. Based upon
preliminary review of the Jabil site plan and the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 7
landscaping, parking design, building location and other zoning
issues, staff anticipate no significant design changes to land use.
8.1.6 That the Applicant provide all the needed information required
by the Meridian Wastewater Department, and that the Developer
comply with all pretreatment requirements of the City's
ordinance in order to discharge into its system.
Adopt the Nampa & Meridian Irrigation District Requirements as follows:
8.1. 7 The Developer must contact the Nampa & Meridian Irrigation
District for approval before any encroachment or change of right-
of-way occurs.
8.1.8 A Land Use Change Cite Development Application must be filed
for review prior to final platting.
8.1.9 All laterals and wasteways must be protected.
8 .1.IOAll municipal surface drainage must be retained on site.
8.1.11lf any drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
8.1.12The Developer must comply with Idaho Code S 31-3805.
8.1.131t is recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
The Planning and Zoning Commission recommends:
8.1.14 The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including,
but not limited to:
Section 11-9-616 which pertains to development time schedules
and requirements; Section 11-9-605 M, which pertains to the
piping of ditches; and Section 11-9-606 B 14., which pertains to
pressurized irrigation systems.
9. It is found that if the developer pays for the requested
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 8
improvements and complies with the conditions set forth in these Findings of Fact
No.8, and all subparts, the economic welfare of the City and its residents and tax
and rate payers will be protected, which requirement shall be included in a
development agreement, a condition of annexation and zoning designation.
10. It is found that the following are development considerations
which must be taken into account, in order to assure the proposed development is
designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general
vicinity; in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
hazardous or disturbing to the existing, or future neighboring uses, particularly
considering the impact of proposed development on potential to produce excessive
traffic, noise, smoke, fumes, glare and odors:
10.1 Any development agreement between the Applicant and the City
will provide that the berming along the Locust Grove side
abutting the adjacent neighbors be 3' to 6' in height and 25' in
addition to the canal easement.
10.2 That the Applicant require all contractors to minimize, as is
reasonably possible, the use of Locust Grove street as an access to
the site and to instruct all drivers to observe the speed laws, and
the Applicant is to work with ACHD on appropriate maintenance
of said road required by the roads usage for access for
construction of the development.
11. The development of the property as a (I-L) Light Industrial, as
requested by the Applicant, will be compatible to the development in the surrounding
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXA nON AND REZONE WILLIAM A. RON (JABIL CIRCUIT, INc.) - 9
area subject to the conditions of development herein found to be reasonable in
relation to the requested zone (I-L) Light Industrial District and is in accordance with
the adoptive Comprehensive Plan of the City of Meridian.
12. There are no major or scenic features of major importance that
affect the consideration of this application.
13. The proposed development and zoning request is consistent with
the Comprehensive Plan of the City of Meridian adopted December 21, 1993
Ordinance #629 - January 4, 1994 as follows:
13.1 Basis of the plan has six key community values and this project
complies with the following listed values:
13.1.1 Manage growth to achieve high-quality development.
13.1.2 Enhance Meridian's quality of life for all residents.
13.1.3 New growth should finance public service expansion.
13.1.4 Expand commercial and industrial development.
13.1.5 Protect Meridian's self-identity.
13.2 Economic Development at Page 15 ofthe Comprehensive Plan:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnership plus the recommended employment
forecast, additional land for employment-related land uses will be
required in the community. Community actions other than land
use will also be required to meet the employment needs of the
City.
Economic Development Goal Statement at Page 18 of the
Comprehensive Plan: Meridian seeks to stimulate, encourage and
give preference to those types of economic activities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - [0
developments which provide for the employment of Meridian
citizens and area residents, and reduce the need for people to
commute to neighboring cities for work.
1. Policies:
1.1 The City of Meridian shall make every effort to create a
positive atmosphere which encourages industrial and
commercial enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas
where commercial and industrial interest and activities are
to dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect the
unique needs and features of each area.
1.4 Positive programs should be undertaken to support existing
industrial and commercial areas to ensure their continued
vitality, such as:
a. Detail design studies to address development
criteria, definition of adjoining uses compatibility,
bulk and development intensity.
b. Economic feasibility studies to include analysis of
economic development needs and problems,
potentials for economic development, strategy for
implementing economic development programs,
development of an implementation strategy.
c. Zoning changes to assure desired economic
development.
1.12U Actively recruit low infrastructure impact industries to
locate in Meridian.
13.3 Employment Goal Statement at Page 19 of the Comprehensive
Plan: Meridian will achieve and support a business climate that
will offer diverse employment opportunities to satisfy personal
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - II
goals and economic needs.
2. Policies:
2.1 U Encourage and support a technology business park located
near the Idaho Foreign Trade Zone.
2.2U Encourage and support job market expansion that provides
for mid-and upper-range wage scale and benefits.
2.3U Take necessary actions to maintain low unemployment.
13.4 Land Use at Page 210f the Comprehensive Plan:
Industrial land uses, including warehousing, general
manufacturing, railroad, and industrial business parks, constitute
the majority of uses in this category.
Land Use Goal Statement at Page 22 of the Comprehensive Plan:
All land use development in the Meridian area will be considered
an asset to the community and not detract from our quality of
life.
1. GENERAL POLICIES
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
3. INDUSTRIAL POLICIES
3.1 Industrial development within the urban service planning
area should receive the highest priority.
3.4 Industrial uses adjacent to residential areas should not
create noise, odor, air pollution, and visual pollution
greater than levels normally associated with surrounding
residential activities.
3.5 Industrial development should be encouraged to locate
adjacent to existing industrial uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 12
3.6 Industrial areas should be located within proximity to
major utility, transportation and service facilities.
3.9 Industrial uses should be located where discharge water
can be properly treated or pre-treated to eliminate adverse
impacts upon the City sewer treatment facility and
irrigated lands that receive industrial runoff water.
3.10 Industrial uses should be located where adequate water
supply and water pressure are available for fire protection.
14. The area included in the zoning amendment is not intended to be
rezoned in the future.
15. The area to the west of the subject property has continued to
develop as a mixed commercial, office and other compatible uses to the subject
development.
16. The area will have vehicular approaches to the subject property
which shall be so designated as not to create an interference with traffic on
surrounding public streets.
17. The rezone of the subject property, and the basis upon which the
Council finds that this application is in conformance with the Comprehensive Plan, is
that the proposed development of the subject property is to construct and operate a
high-tech manufacturing facility, and associated uses, include the recreational fields
and landscaping, and the Council finds that any other use of the subject property
shall require a conditional use permit to assure the compatibility of such development
with the Comprehensive Plan and with the surrounding area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 13
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon
written request for annexation and the real property being contiguous or adjacent to
city boundaries and that said property lies within the area of city impact as provided
by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section
11-2-417 provides the City may annex real property that is within the Meridian
Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", codified at
Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of
Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1 Basis of the plan has six key community values and this project
complies with the following listed values:
4.1.1 Manage growth to achieve high-quality development.
4.1.2 Enhance Meridian's quality of life for all residents.
4.1.3 New growth should finance public service expansion.
4.1.4 Expand commercial and industrial development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 14
4.1.5 Protect Meridian's self-identity.
4.2 Economic Development at Page 15 of the Comprehensive Plan:
Forecast Needs: With the City's growing population and
job base comes the need for increased municipal services
and the necessity to improve existing service delivery
systems. The cost of providing these services presents a fiscal
challenge to the City. Meridian can meet this challenge in part
by continuing to expand its economic base and creating new job
opportunities for citizens.
Economic Development Goal Statement at Page 18 of the
Comprehensive Plan: Meridian seeks to stimulate, encourage and
give preference to those types of economic activities and
developments which provide for the employment of Meridian
citizens and area residents, and reduce the need for people to
commute to neighboring cities for work.
1. Policies:
1.1 The City of Meridian shall make every effort to create a
positive atmosphere which encourages industrial and
commercial enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas
where comm~rcial and industrial interest and activities are
to dominate.
1.3 The character, site improvements and type of n~w
commercial or industrial developments should be
harmonized with the natural environment and respect the
unique needs and features of each area.
1.4 Positive programs should be undertaken to support existing
industrial and commercial areas to ensure their continued
vitality, such as:
a. Detail design studies to address development
criteria, definition of adjoining uses compatibility,
bulk and development intensity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAMA. HON (JABIL CIRCUIT, INc.). 15
b. Economic feasibility studies to include analysis of
economic development needs and problems,
potentials for economic development, strategy for
implementing economic development programs,
development of an implementation strategy.
c. Zoning changes to assure desired economic
development.
1.12U Actively recruit low infrastructure impact industries to
locate in Meridian.
4.3 Employment Goal Statement at Page 19 of the Comprehensive
Plan: Meridian will achieve and support a business climate that
will offer diverse employment opportunities to satisfy personal
goals and economic needs.
2. Policies:
2.1 U Encourage and support a technology business park located
near the Idaho Foreign Trade Zone.
2.2U Encourage and support job market expansion that provides
for mid-and upper-range wage scale and benefits.
2.3U Take necessary actions to maintain low unemployment.
4.4 Land Use at Page 210f the Comprehensive Plan:
Industrial land uses, including warehousing, general
manufacturing, railroad, and industrial business parks, constitute
the majority of uses in this category.
Land Use Goal Statement at Page 22 of the Comprehensive Plan:
All land use development in the Meridian area will be considered
an asset to the community and not detract from our quality of
life.
1. GENERAL POLICIES
1.5U Encourage a balance of land uses to ensure that Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLLAMA. HON (JABIL CIRCUIT, INc.) - 16
remains a desirable, stable and self-sufficient community.
3. INDUSTRIAL POLICIES
3.1 Industrial development within the urban service planning
area should receive the highest priority:
3.4 Industrial uses adjacent to residential areas should not
create noise, odor, air pollution, and visual pollution
greater than levels normally associated with surrounding
residential activities.
3.5 Industrial development should be encouraged to locate
adjacent to existing industrial uses.
3.6 Industrial areas should be located within proximity to
major utility, transportation and service facilities.
3.9 Industrial uses should be located where discharge water
can be properly treated or pre-treated to eliminate adverse
impacts upon the City sewer treatment facility and
irrigated lands that receive industrial runoff water.
3.10 Industrial uses should be located where adequate water
supply and water pressure are available for fire protection.
5. The requested zoning of Light Industrial, (I-L) is defined in the
Zoning Ordinance at 11-2-408B(14) as follows:
14. (I-L) Light Industrial: The purpose of the (I-L) Light
Industrial District is to provide for light industrial development
and opportunities for employment of Meridian citizens and area
residents and reduce the need to commute to neighboring cities;
to encourage the development of manufacturing and wholesale
establishments which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke or glare
and that are operated entirely or almost entirely within enclosed
structures; to delineate areas best suited for industrial
development because of location, topography, existing facilities
and relationship to other land uses. This district must also be in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON OABIL CIRCUIT, INC) - 17
such proximity to insure connection to the Municipal Water and
Sewer systems of the City of Meridian. Uses incompatible with
light industry are not permitted, and strip development is
prohibited.
6. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district
of the City which provides that small machinery and component parts, electronic
equipment & products are permitted uses in the Industrial (I-L) zone.
7. That Idaho Code S 67 -6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
8. S 11-2-407 A ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
8.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 18
8.2 Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
8.3 Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
9. That S 11-2-416 K GENERAL STANDARDS APPLICABLE TO
ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
1. Will the new zoning be harmonious with and in accordance with
the Comprehensive Plan and, if not, has there been an
application for a Comprehensive Plan amendment;
2. Is the area included in the zoning amendment intended to be
rezoned in the future;
3. Is the area included in the zoning amendment intended to be
developed in the fashion that would be allowed under the new
zoning - for example, a residential area turning into commercial
area by means of conditional use permits;
4. Has there been a change in the area or adjacent areas which may
dictate that the area should be rezoned. For example, have the
streets been widened, new railroad access been developed or
planned or adjacent area being developed in a fashion similar to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 19
the proposed rezone area;
5. Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
6. Will the proposed uses not be hazardous or disturbing to existing
or future neighboring uses;
7. Will the area be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able for the establishment of proposed
zoning amendment shall be able to provide adequately any of
such services;
8. Will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
9. Will the proposed uses not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
10. Will the area have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
11. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
12. Is the proposed zoning amendment in the best interest of the
City of Meridian.
10. That at S 11-2-417 A and C it states in part as follows:
2-417 A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC) - 20
Prior to annexation of an unincorporated area, the Council shall request
and receive a recommendation from the Planning and Zoning
Commission on the proposed annexation and the proposed zoning for
the annexed area. The Commission, the City, the applicant, and the
Council shall follow the notice and hearing procedures provided in
Section 11-2-416, Zoning Amendment Procedures. Provided, however,
that the final decision of the Council shall not be appealable since such
decision is a legislative function even though the procedure is designed
to be quasi-judicial in nature and provides due process to the applicant.
The application for annexation shall include arequest for a zoning
designation and, upon annexation, the property shall be zoned;
however, procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there can be no
appeal from the zoning decision if the property is not first annexed. If
the annexation shall necessitate an amendment to the Comprehensive
Plan, the Commission shall advise the applicant to request a
Comprehensive Plan Amendment prior to further consideration of the
annexation. If the Commission and Council approve an annexation
request, the Commission and Council shall insure that said annexation.
is in accord with this Ordinance and the Comprehensive Plan.
2-417 C
No property shall be annexed and zoned if it is not within the Meridian
Urban Service Planning Area as set forth in the Meridian
Comprehensive Plan. An application for annexation and zoning of land
not within the Meridian Urban Service Planning Area may be submitted
to the City if it is accompanied by an application to amend the
Meridian Comprehensive Plan to change the Meridian urban Service
Planning Area to have the land for which annexation has been applied
for included in the Meridian Urban Service Planning Area. The
application to amend the Comprehensive Plan and Meridian Urban
Service Planning Area must be processed and granted either
simultaneously or prior to the annexation application. If the application
to amend the Comprehensive Plan and the Urban Service Planning Area
is not granted, the annexation application shall not be granted.
11. That S 11-2-416 L it states in part as follows:
2-416 L DEVELOPMENT AGREEMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 21
If property is rezoned, the City may require or permit, as a condition of
the rezoning, that an owner or developer make a written commitment
concerning the use or development of the subject property. If the
commitment is required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall tal,e effect upon the adoption of
the ordinance rezoning the property, or prior if agreed to by the owner
of the parcel. Unless the commitment is modified or terminated by the
City Council, the commitment shall be binding on the owner of his
parcel, each subsequent owner, and each other person acquiring an
interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment
is binding on subsequent owners and each other person acquiring an
interest in the property only if the subsequent owner and each other
person acquiring an interest in the property has actual notice of the
commitment. The City Council is hereby authorized to adopt, by
resolution, rules governing the creation, form, recording, modification,
enforcement and termination of commitments.
12. Since the annexation and zoning of land is a legislative function,
the City has authority to place conditions upon the annexation of land. See Burt vs.
The City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
13. Section 11-2-417 D of the Zoning and Development Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property.
If a commitment is required or permitted, it shall be recorded in the
office of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the property, or prior if
agreed to by the owner of the parcel.
FINDINGS OF FACT AND CONCLUSIONS OF lAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) . 22
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1. The legal description supplied in the application describes a
parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a
separate description will be required for the 0.53 acres. Said description should
include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for
the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor,
Licensed by the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. 158. The legal description for annexation must place the
subject parcel contiguous to the existing city limit boundary.
2. That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the annexation and zoning designation of
the .53 acres and for the re-designation of the zoning of 55.79 acres for the real
Property included in the application to (I-L) Light Industrial District. The (I-L)
Light Industrial Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
3. Developer enter into a Development Agreement, that provides in
the event the conditions therein are not met by the Developer that the property shall
be subject to de-annexation, with the City of Meridian which provides for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 23
following conditions of development to-wit:
3.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
3.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
3.3 Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the City of
Meridian.
3.4 That the Applicant provide all the needed information required
by the Meridian Wastewater Department, and that the Developer
comply with all pretreatment requirements of the City's
ordinance in order to discharge into its system.
3.5 That the Applicant require all contractors to minimize, as is
reasonably possible, the use of Locust Grove street as an access to
the site and to instruct all drivers to observe the speed laws, and
the Applicant is to work with ACHD on appropriate maintenance
of said road required by the roads usage for access for
construction of the development.
Adopt the Nampa & Meridian Irrigation District Requirements as follows:
3.6 The Developer must contact the Nampa & Meridian Irrigation
District for approval before any encroachment or change of right-
of-way occurs.
3.7 A Land Use Change Cite Development Application must be filed
for review prior to final platting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 24
3.8 All laterals and wasteways must be protected.
3.9 All municipal surface drainage must be retained on site.
3.10 If any drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
3.11 The Developer must comply with Idaho Code S 31-3805.
3.12 It is recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
3.13 The Applicant and the City will provide that the berming along
the Locust Grove side abutting the adjacent neighbors be 3' to 6'
in height and 25' in addition to the canal easement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 25
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the annexation and zoning 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.
By action of the City Council at its regular meeting held on March 16,
1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
VOTED~
VOTED~
VOTE~
VOTED
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: I- -t-ff
MOTION: APPROVED:~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INc.) - 26
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
B)' ~d~C)
City Clerk
Dated:
1----6-11
msgJZ:\Work\Ivl\Meridian 15360M\Jabil Circuits\JabilAZRZ.Fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 27