HomeMy WebLinkAboutOlsen Bush Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05/07/04 02:45 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian Cily
AMOUNT .00
36
111111111I11111I1 J 1111111111111111111
104056166
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
R2 Development, Inc., Developer/Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this (ttl!!: day of 6; M ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the . tate ofIdaho, hereafter called "CITY", and
R2 DEVELOPMENT, INC., hereinafter called "DEVELOPER"/"OWNER", whose
address is 3084 East Lanark, Meridian, Idaho 83642.
1.
RECIT ALS:
1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law
and/or equity, of certain tract ofland 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. ~67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition ofre-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 Meridian City Code H 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the annexation
and/or re-zoning ofland; and
1.4 WHEREAS, "Developer"/"Owner" has submitted an application
for annexation and zoning ofthe "Property's" described in Exhibit
A, and has requested a designation of Light Industrial District (1-
L), Meridian City Code ~ 11-7-2 N; and
1.5 WHEREAS, "Developer"/"Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 1 OF 13
subject "Property" will be developed according to the Concept
Plan and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the 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 18th day of June, 1996, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, 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 "Developer"/"Owner"
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "DEVELOPER"/"OWNER" 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"/"Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to 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 Meridian City Code Titles 11 and 12.
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 2 OF 13
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to R2
Development, Inc., whose address is 3084 East Lanark, Meridian,
Idaho 83642, the party who owns and is developing said
"Property" and shall include any subsequent owner(s)/developer(s)
of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at Meridian
City Code ~ 11-7-2 N which are herein specified as follows:
Development of uses allowed in the (I-L) Light Industrial zone.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 3 OF 13
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1 "DeveIoper"rOwner" shall develop the "Property" in accordance
with the following special conditions:
5.1.A The property should be zoned I-L, Light Industrial District,
and the Applicant shall use the subject property to develop
limited office uses with any other uses permitted in the
subject zone only as a conditional use.
5.1.1 That the Applicant shall be required to comply with all of
the conditions pertaining to the variance, preliminary plat
and final plat; and
5.1.2 That the Applicant shall be required to comply with all of
the conditions stated within the Annexation and Zoning
Findings of Fact and Conclusions of Law for R2
Development, Inc. approved by the Meridian City Council
on June 18, 1996, of which said Findings are attached
hereto as Exhibit "B" and incorporated herein as if set forth
in full hereat.
6. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default ofthe "Developer"/"Owner" or "Developer"'s/"Owner's" heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of subject "Property" of this agreement, and after the "City" has complied
with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Developer"/"Owne(' and if the
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 4 OF 13
"Developer"/"Owner" fails to cure such failure within six (6)
months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notifY the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
9.
DEFAULT:
9.1 In the event "Developer"/"Owner", "Developer"'sI"Owner's"
heirs, successors, assigns, or subsequent owners of the "Property"
or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance
with the requirements ofthe Zoning Ordinance, which will include,
at a minimum, notice of the noncompliance, and an opportunity to
be heard by the City Council before modification or termination.
9.2 A waiver by "City" of any default by "Developer"I"Owner" of any
one or more ofthe covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer"'s/"Owner's" cost, and submit proof of such recording to
"Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council. Iffor
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.
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 5 OF 13
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer"rOwner", 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.
12.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" 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 allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer"rOwner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~ 12-5-3, to insure that installation of the
improvements, which the "Developer"rOwner" agrees to provide, if required by the
"City" .
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be iss~ed until all infrastructure and other
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 6 OF 13
improvements which are imposed by the terms of this agreement, the annexation
ordinance, and the final plat conditions, are completed, unless the "City" and
"Developer"I"Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased development; and in any event, no
Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"I"Owner"
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.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
DEVELOPER/O\VNER:
c/o City Engineer
City of Meridian
660 E. Watertower Lane
Meridian, Idaho 83642
R2 Development, Inc.
3084 East Lanark
Meridian, Idaho 83642
wi th copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 7 OF 13
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any ofthe obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and
personal representatives, including "Cityms corporate authorities and their successors in
office. This Agreement shall be binding on the owner 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 benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer"/"Owner" has fully performed
its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any ofthe other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"/"Owner"
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
"Developer"/"Owner" 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".
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRlAL PARK NO.2
PAGE 8 OF 13
21.1 No condition governing the uses and/or conditions governing
development ofthe subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 9 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER/OWNER:
R2 DEVELOPMENT, INC., AN IDAHO
CORPORATION
CITY OF MERIDIAN
Attest:
de WEERD
(Jtf:J Ccu-n c:rJ: 4- {; - 01-
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN
AND BUSH INDUSTRIAL P ARl( NO.2
PAGE 10 OF 13
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this I~rh day of Vbvu~ , in the year 2004, before . .
me a Notary Public, personally appeared Ronald w)van Auker and Richard D. Ht:aluTI, fud kj r;, Nt!
known or identified to me to be the President and Secretary ofR2 Development, Inc., the
persons who executed the instrument on behalf of said corporation, and acknowledged to me
having executed the same.
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STATE OF IDA:ft0."t'~t'l,'
:ss
County of Ada )
o ary Public for Idaho
mission expires: 1-.,).1-0 if
On this fcfh day of Ift?,'/ , in the year 2004, before me,
a Notary Public, personally appeared Tammy d Weerd and WIlham G. Berg, known 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.
(SEAL)
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DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 11 OF 13
CORPORATE RESOLUTION
R~2 OEVELOF'MENT, tNO
RESOLveD. that R~~ DEVELOPMENT, INC., lnltl!l corpol'Wr csplilcity hurwby
iIIUthCr1zm5, Ronald W. Van Auker, as President of R-2 Dl3wlopmenllnv., to execute the
Dsvalopmenl Agreemtnt with the Clty of Meridian for the prop@tty knoWr1 as OlsEiln Bt.JGh
Indu$trial Park No.2. It is furthir resolved' that Bradley E. Mm~r shall eXElCl.1t, the same
agreeOlent in behalf of th.Et corporate S&.;retary.
r:URTHIiR f(ESOL~D, tMt the ProSidoot is authoriz;eCl aod empowered to do or cause
to be done aU acts or ttiings and to sIgn and daliver, or cause 10 ~ 'Ilgnud Iilnd deliveroo,
all sueh documents, in6trumants and certificates, including, but not limited to the final
plat, improvement bond, building permit applications and othQr $l.iCh item&., in me name
and on behalf of the corpol"8ltlon In or<Ief to &ffect the development ot the Ollian SUliIh
lndu$trial Subdivision No.2.
EXHIBIT A
Legal Description Of Property
A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at the Southeast corner of said Section 8, thence along the southerly line of
said Section 8 South 89032'00" West a distance of 871. 18 feet to a point, thence leaving
said southerly line North 00028'00" West a distance of520.14 feet, to the Southwesterly
comer of Olson and Bush Industrial Park, said corner being the POINT OF
BEGINNING.
Thence North 89002'00" West a distance of 1015.07 feet to a point;
Thence North 06008'31" West a distance of 806.01 feet to a point on the northerly right-
of-way of the Union Pacific Railroad;
Thence along said northerly right-of-way South 89002'00" East a distance of 1094.80 feet
to a point;
Thence leaving said northerly right-of-way and along the westerly boundary of said
Olson and Bush Industrial Park and the northerly extension thereof South 00028'00" East
a distance of 800.06 feet to the POINT OF BEGINNING.
DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 12 OF 13
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN
AND BUSH INDUSTRIAL PARK NO.2
PAGE 13 OF 13
... .... _..... , '. _ _ ., ...... . '_. _ ~..... ... .1~ ~
___ ._ ___.':_.... ...-. '-';'-.'+'0-.11 ,..w........~
ORIGINAL
BEFORE THE MERIDIAN CITY COUl.'llCIL
OF THE CITY OF MERIDDUl
R,-2 DEVELOPMENT
OLSON AND BUSH INDUSTRIAL PARK NO. 2
ANNEX..~T:ION AND ZONING .
A PORTION OF THE SE 1/4 OF SECTION 8 p
T. 3.B'.. R. 1.E. p BOISE. MERIDDUl~ ADA COU!lTY~ IDAHO
MERIDIAN. IDAHO
FINDDlGS aT? FACT AND: CONCLUSIONS OF LAW
The above entitled matter having come on for consideration on
June 4, 1996, and the city'Council hav~ng considered this matter
during the public heari~g on May 7,. 1996, Brad Miller, the
Petitioners r.epresentative, appearing and testifying, and the
Council having adopted and approved the Findings of Fact and
Conclusions of Law of ~~e Planning and Zoning commission, but at
the City Conncil meeting of June 4, 19961 the Council having
requested amended Findi."lgs of Fact and Conclusions of Law, and the
City Council presents the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT
la That a notice of a public hearlng on the Annexation and
Zoning request was published for two (2) consecutive weeks prior to
the said public hearing scheduled before the Planning and Zoning
commission for March 12 r 1996; that notice of public hearmg on the
Annexation and Zoning request was published for two (2) consecutive
weeks prior to the public hearing scheduled before the City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
11 I~ pt /'[
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on May 7, 1996; that the matter was duly considered by the city
Council at the May 7, 1996 hearingj that the' public was given full
opportunity to express comments and submit' evidence; that copies of
all notices were available to newspal?er, radio and television
stations; that the City council, after the May 7, 1996 hearing
adopted and approved the Findings of Fact and Conclusions of Law of
the Planning and Zoning Commission; that the City Council
reconsidered the Findings and Conclusions of the Planning and
Zoning commission at the June 4, 1996, meeting and requested
amended Findings.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
< ,
reference
is
incorporated herein;
that
the
property
is
approximately 14 acres in size; that the property is situated
within the city o~ Mer~dianrs Area of Impact and Urban Services
Planning Are.a.
3. That the property is presently zoned by Ada County as RT
rural Transition; that the Applicant requests I-L Light Industrial
zoning for the property T that currently the property is being used
as pasture land.
4. The general area surrounding the property is used for
light. industrial. That to the north is the u.nion Pacific Railroad
and on the other side of the railroad is the Elixir Industries
property which is a light industrial use; that to the west is
pasture and the school district bus facility and to the south and
west is the light industrial use of YMC and Van Auker.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 2
5. That the property is now adjacent and abutting to the
present City limits.
6. That R-2 Development/Ronald Van Auker is the Applicant;
that the App~icant does own the land and has consented to this
annexation a~d zoning and the application is not at the request of
the City of Meridian.
7. That the requested zoning of Light Industrial. District
(I-I.) is defined in the Zoning Ordinance at 11-2-408 B. as follows:
(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 MeridLan
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of manufacturing and wholesale 'iastabli'sh:rn.ents
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
relationsh.ip to other land uses _ This dist.rict must also
be in 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.
8. That the Applicant's representative, Mr.. David Roylance
testified at the Planning and Zoning hearing, March 12, 1996, that
this project it located north and west bf the intersection of
Franklin ~~d. Eagle Road; that to the north is the Union Pacific
Railroad tracks; that the project contains 14.4 acres and has nine
(9) lots; that the Applicant proposes central sewer and central
water and ACHD approved public streets.
9. That the ApplicantTs representative, Brad Miller,
testified at the City Council hearing, May 7, 1996; that Mr. Miller
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 3
.... ,-", _.....;:... ....JtJ... ~. _..... . ,.~ .... __ .. ......'
, 'c,-.....;,J..IoI.nl'
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referred to a memo from Shari Stiles,. ci.ty Planning Director,
1
stating that there be a requirement for the conditional use
procedure for each of the nine (9) lots I not be made a requirement;
that it is the preference of the Applicant that the buildings being
built within the light industrial zoning being requested, not be
subject to the conditional use permit precess; that the requirement
that sidewalks be on both sides or the 5treet be waived and that
the Applicant just put sidewalks on one (1) side of the street
since it is an industrial development.
10 ~ That comments were submitted by the Assistant to the City
Engineer, Bruce Freckleton, the Planning and Zoning Administrator,
Shari Stiles, the Meridian Police and Fire Departments, the Ada
County Street Name CoDlI!littee, and the Central District Health
Department, and are incorporated herein as if set forth in full.
11 ~ That Bruce Freckleton submitted comments and they are
incorporated herein as if set forth in full; that any existing
irrigation/drainage ditches crossing the property, to be included
in this project, shall be tiled per City Ordinance 11-9-605 M; that
any existing domestic wells and/or septic systems with this project
shall be removed from their domestic service per City Ordinance
except wells may be used for non-domestic purposes such as
landscape irrigation; that a master street drainage plan be
submLtted, including the method of disposal & approval from the
afrected irrigation/drainage district i that a profile of the
subsurface soil condi tions shall be submitted to deteDIIine the
seasonal high groundwater elevation and prepared by a soil
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 4
..............\..._ ,_H.... _...:,.....--. , "'"'. ......... -,..), ..l...,...o..........:.:-:.t
---'"'- --.. ... ~ .. ,,_. ~~" ,. ~ W"-"~ _--'
scientist with the street development plans; that a copy of the
proposed restrictive covenants and/or deed restrictions be
submitted for re.view; that 5 foot wide sidewalks be provided
according to City Ordinance Section 11-9-606 EM; that a letter from
the Ada County Street Name Committee, approving the subdivision and
street names, be submitted making any necessary corrections to the
preliminary Plat map prior to re-submittal to the City; that the
fire hydrant placement, with the City of Meridian's Water Works
Superintendent assistance, be coordinated; and .that response in.
~ting to each of the comments on the revised Preliminary Plat Map
be made to the City Clerkis office prior to the scheduled hearinq
dateM
12. That the specific site comments from the Assistant to the
City Engineer, Bruce Freckleton were the following;
a. That the legal description contained in the application
for Annexation and zoning describes' more property than what is
shown on the Pre~iminary Plat map, however the legal
description submitted with the Preliminary Plat application,
by Roylance & Associated and titled nLegal Description for R2
DevGlopment - Olson and Bush Industrial Park No _ 2 Preliminary
Plat - 14.39 Acre Tract" appears to describe what is shown on
the Preliminary Plat; that if it is the intention to request
Annexation and Zoning for more properly than what is shown on
the Preliminary Plat map, a new legal description must be
prepared to include all the intended property including those
portions or adjacent Rights-ox-way and shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and
shall con:form to all provisions of the City of Meridian
Resolution No. 158.
b. Wat.er service to this development shall be from. an
existing main installed along the westerly side of Eagle Road
and all water mains shall be installed, at subdivider's
expense and locations shall be coordinated through the Public
Works Department.
c. Sewer service to this development shall be from a main
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 5
- _.. __ ,_......., _OOJ' _--,. " ." _.. I .
1.--="'-,.... ....r;'"1
-~~ .....,~-- - ,'- -.................... .........:..-..'""l:l\.. I....:.. II i.... ~ <-J~. ...."...J
that ~s cux=ently beinq designed by Paci:E~c Land Surveyor as
part of the "Ronald W.~Van Auker, Inc. - Sewer Project".
d. When sewer and water mains are installed to service this
subdivision, access to sewer. and water will be di.rectly
adjacent to the twelve Lots in Olson and Bush Industrial Park
No.1, an Ada County Subdivision.
e. Show-, labe~ and dimension, ~ existing easements and/or
right-o~-way within or adjacent to the subject parcel, i.e.
"Union Pacific Railroad", "EVans Drain", "Snyder Lateral", and
the 60 foot wide easement going to Franklin Road and any other
easement3 of record.
f. A 60 foot wide stub street needs to he extended toward
. Franklin Road, adjacent to the easterly subdivision boundary.
This stub street would align with the existing 60 foot wide
easement across the parcel .south. of this development. Sewer
and water mains shall be extended to the south boundary of
this development within the stub street. These mains shall be
installed, at subdivider"s expense. and locations shall be
coordinated thr,?ugh the public Works Department.
g. The ~ocation of the proposed sewer main exi. ting the
development appears to be in error. Coordinate with Pacific
Land Surveyors for the actual design location. A 20 foot wide
common. area Lot needs to be centered over the proposed sewer
main between the right of way of Lanark Street and the north
boundary of this development. Ownership and maintenance
responsibility of the common area. Lot shall remain with the
owners association. A blanket easement shall be granted to
the City of Meridian for the operation and maintenance of the
sewer main.
h. That 250 watt high pressure sodium street lights will be
required at locations designated by the Meridian Public Works
Department.. All street lights shall be installed, at
subdivider" s expanse; that typi.cal locations are at street
intersections and/or fire hydrants.
i.. The len~h of the cul-de-sac exceeds the maximum allowed
per Ci.ty Ordlnance; that no variances have been requested for
the excessive length.
j. That the treatment capacity of the City of Meridian's
Wastewater Treat.1l1ent plant is currently being evaluated; that
approval. of this application needs to be contingent upon our'
ability to accept the additi.onal sanitary sewage generated by
this proposed development.
13. That Shari Stiles, Planning and Zoning j),rlu611istrator,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 6
'.....-. j ,,,,:.;-""...\.......; ". \
--_..:..- .....L::.,~~....,-..,~I...;..;.lj j....(.,J,~.l.U
submitted comments and they include the following:
a. All parking areas shall be la~dscaped and provided with
underground sprinkler systems to meet the requirements or 11-
2-414.D.
b. That a detailed site plan review wiJ.l be required at the
time of the building permit application; that this si.te plan
review will ensure compliance with all City Ordinanc€s~
c. That the seven (7) lots in Olson Bush subdivision No.1,
by owner Ron Yanke, should be annexed to the City of Meridian r
that not having this entire area annexed a1ang the :f.rontage of
Lanark Street can create problems. for the Meridian Police
Department, and any development of these additional lots
should take place under the requirements of Meridian city
Ordinance.
d.. Provide a 60 foot wide stub street to the south at the
lcc.ation of the existing 60 "foQt wide easement, that no
additional access will be granted to the property south of
this development from Eagle Road.
e. Provide' a letter of approval from the appropriate
irrigation district (s) for tiling of existing laterals I drains.
f.. Provide per.manent non-combustible fencing adjacent to
union Pacific Railroad right-af-way prior to obtaining
building permits. No encroachment of this right-of-way is
permitted. In addition, at minimu.ml' temporary fencing to
contain construction debris will be required for all
development.
g. Since the Applicant has indicated this is a
commercial/ .industrial development but has requested Industrial
Zoning, a conditional use permit application for a planned
development shall he submitted and approved if it is to be
considered as a mixed-use development.
h. Sixty :foot wide proposed Lanark Street should be
readjusted to provide a better transition from the existing 50
foot wide secti.on.
i. That streetlights are to be in place prior to obtaining
building permits on any parcel..
j. Applicant shall
incorporating required
all existing easements
City Council hearing.
submit a revised preli.minary plat
stafr and agency changes and showing
a minimum of two (2) weeks prior to
FINDINGS OF PP-"cT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 7
........ "'......... '-'-' -""" ---- ' '. ... - .' _, ,j-=;'.-~.L ~ j. r-'ll l
..........J"-' ~"-'-. ~..:.;..-/_.., I....... _"':"__(""";t.". ....~~-..I~. I I ....:.. ~ I .~ ~ <.oJ...:,. _-LJ
k. Ail sewer/water line locations should be located in
pu~lic right-of~way or within a common lot.
14. There were property owners in the area of the proposed
annexation that appeared and testi.:fied at the Planning and Zoning
hearing on March 12, 1996, to make comments on the application and
the following is a summary of their testimony:
a. Guy Valentine testified, bringing visual aids to show his
concerns regarding this development ~ that with respect to
Olson Bush No. 1 development, there has been absolutely
no screening and no landscaping done; that his concern is
this will be the case with this application; that storage
yards not screened, parking lots not paved or screened;
that representing some concerned citizens and residents
in the area, they want their right protected to the sa:me
level of qualities or higher qualities that the
environment affords; that this is a thriving area of
connnunity and. single family residences and the residents
would like to keep it that way; the visual po~lution is
degrading to the neighborhood and the comxnnnity; that the
protective covenants will. not give the community the kind
of assurances that must be gi~en concerning the
residents' vested rights; that written guarantee~ from
the developers and owners committin~this development to
provide a clean, noise-free environment, free of
pollution and hazardous elements which are objectionable
to the residents and property owners that 'are direct~y
affected.
'Mr. Valentine swmnarized in saying that the residents
believe that the subdivision is arbitrarily or
artificially laid out to, avoid being adjacent to the
Snyder Lateral. and well as to avoid being adjacent to the
seven single family dwellings between which a transition
yard would be necessary for protection and
beautification; that a buffer strip would help with the
aesthetics of Franklin Road and Eagle road entryway
corridors; that this Co:mm.ission require Olson Bush No_. 1
developer and owners to clean up and screen their junky
development to demonstrate they deserve to expand before
any other development applications are appr~ed and to
require conditional use permits for all the lots; that
the residents, including -himself, are not against
developing the area.
b. Brad Miller, representing R2 development, testified that
the .information presented by MJ:. Valentine is about the
FINDINGS OF FAC'l' AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 8
_...:......."""T .-,~ -__.1 "-"~..... II;:;''-~.....L.'J..--:l'
.....:..'::J...... ...;:...~., -'--=-'_"'" '...... _.......... '..... ....0..:.. -.....~ '-". ,~. 1 I
Olson Bush No. 1 development, of which, R2 development
had nothing to do with; that on the north side of Lanark,
R2 development has e a fine looking building and fine
looking property; that R2 has other developments of
equally fine looking character that Mr. Valentine would
be proud to have in his backyard; that C C & R'g have
been submitted in this phase; that s ned
b the con . as 0 ; that all
parkLng areas W~ e paved, ~nc u g the yard
themsel.ves;. that e~~r:' ItQr~e area ~h;Ch "Q? ~~:
-cu,,.-o:an1-1y livn<<::;i::Tl1ct___ _IT _ '\Ted 1lI an th::o+- u---
nQve~ent would be t~e a~~; that ~2 deve-opm~t ~oe5
not ow wno u.LtJ..mate y w~ll move Ulto the bUJ..ld3.ngs
being constructed in this project, but. the ant~cipation
is that the property will be subdivided, buildings built
and leased out; that at' some point the Applicant may sell
one or two of the buildings, but keeping the area looking
nice is would be an incentive since the Applicant is the
property owner.
c. That Bill Tonkin, testified, affirming the earlier
testimony of. .Mr. Valentine; that the property owners that
overlook this property, are merely reacting to somethi.ng
that has occurred and don't want to see it repeated.
d. Carl Schnebly, offered testimony that he does not agree
with this proposal as stated and reiteratQs that same
expressions as that of Mr. Valentine.
e. Dale Fletcher test.:iried thai: he too, is in agreement with
what Mr. Valentine had to say.
f. That Mr. Oren Mayes testified, stating that some 30 odd
years ago when most of- the property along the rim at
Franklin was developed and subdivided,. . there was no
que~tion to whether this was going to be industria~ in
light of the railroad; that folks are complaining about
an industrial park development taking place below them
when they kne~ an industrial park was going to happen
someday.
15. There was public testimony at the City Council hearing on
May 7, 1996 and the following is a Sllmnl::olry of that testimony:
a. Guy Valentine testified that he would like the
conditional use process enforced; that the residents in
the' area of this project would like some guarantees from
the City in protecting the.ir view; concerned with
screening, storage areas and parking; also concerned with
any future de>telopment of extending these lots and if so
FINDINGS OF PACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 9
_......, 1 _...:,..
- ,j"':'''~\____.LJ'':'
-, _.
-----, '- - -... . "' ~ . \ .- , .
what;s to protect thsresidents; that he would like the
full Snyder lateral to remain in the open r that Eagle
Road is a designated entryway corridor and the area
should be given 60me consideration. .
b. Dave Roylance testified that the conditional use permit
process in an unnecessary burden; that within a certain
zone there are principle permitted uses and that it is
burdensome and unfair to the developer to make this
requirement; that one protection to the City would be a
development agreement which would require a ~taff level
design review process as part of ilie building per:mit
process; that the developer intends to tile every ditch
in the project.
c. That Janette Fletcher testified regarding the cleaning up
of the garhage and getting that cleaned up and rei.terated
what Mr. Valentine testified to.
16. That Councilman Morrow commented that ,there are county
uses with.in the Applicant I s ground that are not zoned and annexed
within the City and obviously subject to ,the conditional use
process; that IIlost everything west of Eagle Road is not subject to
the conditional use process; that under our economic development
goal statement policy that the City of Meridian shall make every
exfort to create a positive atmo6phere which encourages industrial
and cOIIllIl.ercial enterprise; that the policy of the City of Meridian
is to set aside areas for commercial and industrial interest and
activities to be harmonious with natural development and respect
the needs or features of the area; that this can be accomplished by
having covenants and restrictions within the subdivision; so from
a practical standpoint he has a problem with with the conditional
use process requirement.
17. That Shari. Stiles commented that although the conditional
use process is very cumbersome and time' consuming, it does give the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPME:NT
PAGE 10
** TOTR- PRGE.10 **
__., _....... ......e,... _........__ I"~ ....... ........ .iC.-~..W":':-;.t,
_~..;:... ....J......"'"":' ........:........=
_..:.......f"""::..... ......:.:-.-:-r-~.. ..,:.. t. ,-. U..l..... ....:.
City more control; that in a light industrial zone there are
i
recycling plants, solid waste transfer stations, any number of
things that are not going to fit with what the ne~gp~ors think and
that this kind of development is going to be there for a long time
to come; that it is going to set a precedent and going to remain in
that charac~er for years and years, that there is nothing wring
with requiring conditional use permits and expecting a little
higher class than has been expected in the past.
18. That Councilman Tolsma made comments that the conclitional
use process has yalidity in that it allows the City Council to see
what is going to happen to the ..cLevelopment and that if the
developer does not con:forJll. to the conditional uses, they are out of
business.
19. After additional discussion between Councilmen Morrow,
Tolsma and Rountree, a motion was made to accept the Planning and
Zoning!indings of Fact and Conclusions of Law which was adopted on
a three (3) to one (1) vote.
'20. That the property can be physically serviced with City
water and sewer, but the sewer and water Ii.nes will have to be
extended to the property by the Applicant.
21. . That Meridian has, and is I experiencing a substantial
amount of growth; that there are pressures on land previously used
for agricultural Uses to be developed into residential subdivision
lots, commercial and industrial nses.
22. That the following pertinent statements are made .l.n the
Meridian Comprehensive Plan:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 11
... ......~ I -. _ '...I...... _ "" . ...."'" . . ~
IIC:-:'...U.l.nl'
-:..,;- '-'';;'~ ....".::.......-
-___"_ .......;..'.~1'~.,....:.. ~.I; ,-. .;..J.:;..... .......:...
A. ~nder the LANDT GENERAL POLICIES, section commencing at
page 22, it states: Encourage a balance of land uses to
ensure that M.eridian remains a desirable and self-
sufficient community; and under the INDUS~-L POLICIES,
it states in part as follows:
3.1 Industrial development within the urban. service
planning area should receive tne highest priority.
3.4 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
3 .5 Industrial areas should be located wi thin proximi. ty
to major utility, transportation and services
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.
3.10 Indust"rial uses should be located where adequate
water supply and water pressure are available for
fire protection..
and under the Eastern-Eagle Road Light Industrial Revis....
arsa is stated as follows:
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone~
3.17 It is the policy of the City of Meridian to
encourage and promote light industrial development
in the Eastern Light Industrial Review Area~
B. Under ECONOMIC. DEVELOPMENT r Economic Development Goal
statement
Policies, Page 19
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 commercia.l and industrial.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 12
.. _. ~......... ....._ _ __ _ _ >'. _ _ . I --"." . h...... , ... _ .. ~.... .
interests 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.
1.5 Strip industrial. and commercial uses are not in
compliance with the Comprehensive Plan.
23. That the property is included near an area designated in
the Meridian Comprehensive Plan as being in a Mixed/Planned Use
Development area, but it is not shown as an orange Mixed/Planned
Use Development area on ~he Generalized Land Use Map~
24. That in 1992 the Idaho State LegLslature passed
amendments to the Local Planning Act,. which in 67-6513 Idaho Coder
relating to subdivision ordinances,. states as follows:
"Each such ordinance may provide for mitigati.on of the effects
of subdivision development on the ability of political
subdivisions of the state,. including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs UDon current residents to accommodate the
snhdivision. "; -
that the City of Meridian is concerned with the increase in
development that is occurring and with its impact on the City being
able to provide fire, police, emergency health care t water, sewer,
parks and recreation services to its current residents and business
and to those moving into the City; the City is also concerned that
the increase in commercial and industrial development is bringing
in .more population and is burdening the schools of the Meridian
School District which provide school service to current. and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DE"IlELOPMENT
PAGE 13
- ..........- -:...> -- .....- . . ~ ........,. -. ....:."'~...... ~.,"
--'-' '_"_"""T -~....,. ..... ..............-,-._ __. ."';. .,. ....:.. Il .~. ....;....... __
sufficiently increase the tax base to offset the cost of providing
j
fire, police, emergency health care, water, sewer, parks and
recreation services; and ~he City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the increase
in commercial and industrial which might locate in this annexati.on
would be helpful.
25. That pursuant to' the instruction r guidance, and direction
of the Idaho State Legislature, the City may impose. either a
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all lots in the
City, because of the iJnperilment to the health, welfare, and safety
of the citizens of the City or Meridian.
26. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the midclle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks'or shopping areas;
the pedestrian easement shall be at least ten feet (10' )
wide."
I
27. That Section 11-9-605 G 1. states as follows;
"Planting strips shall be required to be placed next to
incompatible features such as highways t railroads t commercial
or industrial uses to screen the view from. residential
properties. Such screening shall be a min; l1Tmn of twenty feet
(20') wide,. and shal.l not be a part of the norma.l stteet right
of way or utility easement."
28. That Section 11-9-605 H 2. states as follows;
"Existing natural features which add value to. resi.dential
development and enhance the attractiveness of the community
(such as trees, watercourses r historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivisionr"
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 14
""__, __ ......I..J __,. __ . .. '-'..., y.- . .~-...._ ~.r""11 ~
"':"':..1- -_'-~
,-.....'-
29. That Section 11-9-605 K states as follows:
DThe extent and location of lands designed for linear open
space corridors should be determined. by natural features and,
to lesser extent, by man-made features such as uti.lity
easements, transportation rights of.way or water r~ghta of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights o:f
way or other features.. As improved areas (l.andscaped) I semi-
improved areas ( a landscaped pathway only), or unimproved
areas (leIt in a natural. state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3.
To play a major role in com5erving area scenic
natural valuer especially waterways, drainages
natural habitat;
and
and
4. To burIer more intensive adjacent urban land uses;
5. To enhance local identixication within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities.~
30. That Section 11-9-605 L states as follows:
WBicycle and pedestrian pathways shall be encouraged within
new deve1.opments as part of the public right. of way or as
separate easements so that an aJ.ternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle-Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District} when reviewing bicycle and pedestrian
pathway provisions within developments6n
.31. That 11.-9-607 Ar of the Subdivision ordinance, states in
part as follows:
UThe City's policy is to encourage developers of
development and construction projects to uti~ize
provisions of this Section to achieve the following:
land
the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 15
... _" __ :"';i"..J _.... __ . ~._~ ..._.. '.,.".I. . .':".~~_.;..,t'..;.f11 ~
;: . . . .--. " . . ,--~. --
L A development pattern in accord with the goals r
objectives and policies of the Comprehensive Plan;
5. A more convenient patt.ern of commercial, residential and
industrial uses as well as public services wPich support
such uses."
32. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIomS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant' s
p:r:ope::rty.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 o:f the Revised
and Compiled Ordinances of the City of Meridian: that "exerci.se of
the City'S annexation authority is a legislative function.
3. That the City Council has judged these annexationr zoning
and conditional use applications under Idaho Code~ Section 50-222,
Title 67, Chapter 65 r Idaho Code, Meridian City Ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEV'"ELOPMENT
PAGE 16
....... ....:;... -~ . -.0" ... [""1j .
_-=-_......a,..... "'~'-"I-..II'~ l l ,-. U I." .......;:.
ordinancEs, and policies r and of actual conditions existing within
the City and State.
6~ That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation~
7. That the annexation application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8 ~ That since the annexation and zoning or land i.s a
legislative function, the City has authority to place conditions
upon the annexation of land~ ~ VEi. The Ci.ty of Idaho Falls.. 105
Idaho 65, 665 P~D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616,. which pertains to development time schedules and
requirement5 r and Section 11-9-605 M.. r which pertains to the tiling
of ditches and waterways and 11-9-606 14_~ which requires
pressurized irrigation.
10~ That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan~ and therefore the
annexation and zoning Application is in confo:onance with the
Comprehensive Plan.
11. That the City adopted the Compreh.ensive Plan at its
meeting on January 4 r 1994 r and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 17
""......l __ ....Ju _...... _....... +... ...... I .... ..,:,;-"...__."'1-1\
'-'I....-"'""! -,.__ _ ."_ ___."1-.
but the Zoning Ordinance may not address provisions for the stated
uses; it is concluded that upon annexation, as conditions of
annexation, the City may impose restri.ctions that are not otherwise
contained in the current Zoning and Subdivision and Development
Ordinances.
12. The Applicant has not stated or represented its
intentions for development, which was of concern to the Planning
and Zoning eoinmission and is also of concern to the: City Counci.l.
13. That it is concluded that the Ci.ty could annex the
property and zone it as requested but the Applicant should be
~.I'l;r;;,a.,.j9' ,#~..
r.equired to _aEP.Eovt:.!."~. adc;re:t-. ~d record co~enaitts r con~ tions and
<..-=e::.... . .. i ,__ -----::;...:..
. . ('
restrict.iona {CC&R} which 5e1:; .t.Q.Jj:h ~a raqu:irement~ of t~~ City as
set forth in Conc:lusion 1~ ",and ent~!:' in:t.o ~_=~evelopm.ent agreement
in wh.ich the Ci.ty should set forth the same development and
buildings restrictions.
14. That it is concluded that since the COll1prehensive Plant
under LAND USE, Mixed-Use Area at Eagle Road and Franklin Road, in
S. 16U, states that all development requests will be subject to
development revi.ew processing to insure neighborhood ccmpatibili ty,
that such limitati.on should apply to the Applicant and the land
involved in this Application; that it is further concluded that
such restrictions can, and should be, structured and laid out in
the CC&R's and the development agreement.
It is therefore
concluded that the annexation and development of the parcel of land
should be subject to being de-annexed if the CC&R' s and development
agreement are not entered into by the city and the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 18
15. Therefore, it is concluded that the. property should be
,
annexed and zoned Light Industrial {I':'L}, as requested in the
Application, but shall be subject to de-annexation if the CC&R's
and development agreement are not agreed upon and executed by the
Applicant and the City.
16. That r as a condition of annexation and the zoning the
Applicant shall be required to meet all Ordinances of the City and
specifically the below stated Ordinance requ.i:re.ments and shall also
enter into a development agreement as authorized by 11-2-416 L and
11-2-417 Dr -that:. the development agreement shall address, among
other things, the following:
1. Inclusi.on into the development of the requirements o:E 11-
9-605
a~ c, Pedestrian Walkways..
b. G 1, Planti.ng Stri.ps.
c.. B.. Public Sites and Open Spac6\s_
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. M, Piping of Ditches
2. Payment by the. Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
buffering, transitional land uses, traffic study and
recreation services.
4 . An i1llpact fee to help acquire a future school or park
sites to serve the area.
5. An impact fee, or fees, for park, police 1 and fire
services as determined by the city.
6 .. Appropriate be:r::ming and landscaping.
7. Submission and approval of any required plats..
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 19
. .-. -..... ....~. \
- ---' '- ........ ... -. '_. ~. . . _ :...h __
8. submission and approval of individual building, drainage 1
lighting, parking I and other development plana under the
Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
the e~isting development.
10. Eatablishi.ng a landscaped setback area all along the
properties southern border and plant trees that will grow
to a height in excess of the twenty (20) feet; but not
hi.gher than forty (40) feet and which shall be not more
than twenty-five (25) feet apart at the time of planting,
shall be six (6)' feet in height when planted, and an
irrigation system shall be constructed, water and
fertili.zer supplied to the trees to allow adequate
growth.
11. Addressing the comments from the City Staff, applicable
at the time of annexation and zoning or at the time of
development.
12 - The sewer and water requirements.
13. Traf:fic plans and access into and out of any development.
14. Meeting all parking and paving ordinances.
15. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing.
17. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
~If property is annexed and zoned~the City may require or
permit, as a conciition 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 per.mitted, 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. .. .";
that the above section states' that the -development agreement shall
take effect upon the adoption of the ordinance annexing and zoning
the parcel, but no development agreement has been agreed on, or
even discus.!?ed. The land couJ.d be :subject to de-annexation if an
FINDINGS OJ:' FACT llliD CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 20
acceptable development agreement is not ultimately agreed upon
i
afts.r the annexation ordinance is passed& It is concluded that the
land should be annexed and zoned, but subject to de-annexation if
a development agreement is not entered into.
18. That it is concluded that the annex.ing and zoning of the
property would be in the best ,interests or the City of Meridian,
but it is
concluded that the property may be de-annexed
. .;::
l.,,!,..
appropriate development agreement and CC&R's are not entered and
a9=eed upon and executed by the City and the Applicant.
19. That the requirements of the Meridian Police Department
Meridian City Engineer's office, Ada County Highway District,
Meridian Pl~nT'd ng Director, Central District Health Department, and
the applicable irrigation district, shall be. met and shall be
addressed in a development agreement.
20 _ That a;Ll ditches, canals, and waterways shal~ he tiled as
a condition OI annexation and if not so tiledT the property shall
be subject to de-annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de-annexation.
21. That the Applicant shall be required to connect to
Meridian- water and sewer, at its expense, and resal ve how the water
and sewer mains will serve the land; ~hat the development of the
property shall be subject to and controlled by the subdivision and
Development Ordinance and the development agreement entered into.
22. That these conditions shall run with the land and bind
the applicant and its assigns.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 21
23. with c.ompliance or the conditions contained herein, the
annexation and zoning as requested in the Application would be in
the best interest of the city of Meridian~
24. That if these conditions of approval are not met, the
property shall be de-annexed.
APPRomu. OF FINDINGS OF FACT .AND CONCI,USIOlIrS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
DECISION
The Meridian City Council of the City of Meridian hereby
decide~ that the property set forth in the application shouLd he
approved for annexation and zoning under the conditions set forth
in_ these Findings of Fact and Conclusions of Law; that if the
Applicant is not agreeable with thesQ. Findings of Fact and
Conclusions and is not agreeable with entering into a development
agreement and adopting covenants, conditions and restrictions r the
property should not be annexed.
MOTION:
APPROVED: ~
DISAPPROVED:
FINDINGS OF FACT. AND CONCLUSIONS OF LAW
R2 DEVELOPMENT
PAGE 22
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