McNelis Subdivision AZ 04-004
./
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/23104 02:59 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Meridian Cirv
AMOUNT .00
43
1111111111111111111111111111111111111
104093293
DEVELOPMENT AGREEMENT
I.
2.
City of Meridian
Falcon Creek, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this .3tJl:!- day of tT ~ ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
FALCON CREEK., LLC, whose address is 621 N. Robinson Road, Nampa, Idaho 83687,
hereinafter called "OWNER/DEVELOPER".
1.
1.3
1.4
1.5
RECITALS:
I.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "OwnerlDeveloper" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance I 1-15-12 and I 1-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (L-O) Limited Office District,
(C-G) General Retail and Service Commercial District, and (I-L)
Light Industrial District (Municipal Code of the City of Meridian);
and
WHEREAS, "Owner/Developer" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 1 OF 20
1.9
1.9
subject "Property" will be developed and what improvements will
be made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the 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 ß~ day of .g¿{11~ 2004, 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 "OwnerlDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER/DEVELOPER" deem 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
WHEREAS, "City" requires the "OwnerlDeveloper" 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 amended Comprehensive Plan ofthe City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title Il and Title 12.
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 2 OF 20
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:
3.2
3.3
4.
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
ofIaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Falcon Creek,
LLC, whose address is 62 I N. Robinson Road, Nampa, Idaho
83687, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned L-O, C-G and I-L attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4. I The uses allowed pursuant to this Agreement, as listed herein below in
paragraph 6.A.D.8. are only those uses allowed, which are herein
specified as follows:
4.2
Construction and development of a commercial subdivision with
16 buildable lots and 5 other/common lots, in a proposed L-O, C-
G and I-L zones.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 3 OF 20
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not
presently submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City's" approval thereof if a conditional use permit is submitted,
in accordance to the City's Zoning & Development Ordinance criteria, therein, provided,
prior to, and as a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
A.
5.
6.A
"Developer" shall develop the "Property" in accordance with the
following special conditions:
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
I.
The submitted legal description appears to meet the requirements of the City
of Meridian and State Tax Commission and will place the parcel contiguous
to existing city limits.
2.
The subject property is within the Urban Services Planning Area.
3.
All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
4.
All proposed uses on future lots or parcels that abut Ustick Road and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 4 OF 20
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
6.
Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to 10 pm.
7.
The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
8.
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, when services are available from the City of Meridian. Wells maybe
used for non-domestic purposes such as landscape irrigation.
B. Adopt the Ada County Highway District's report dated April 2, 2004, which
report lists site-specific requirements, conditions of approval and street improvements.
c.
The applicant shall comply with the requirements and conditions in the
corresponding Preliminary Plat, Case No. PP-04-004.
D.
Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
I.
2.
The applicant shall work with the Nampa & Meridian Irrigation District to
make sure that the pump station is not located directly across from Mr.
Crane's bedroom window.
The applicant shall be allowed convenience stores and gas stations in the C-G
zone for consideration as conditional uses on the comer of Ten Mile and
Ustick Roads. A detailed conditional use permit application would be
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 5 OF 20
required for any uses in the proposed C-G zone. Through this process,
conditions can be placed on the facilities to minimize impacts on residential
properties.
3.
The applicant shall provide for the pathway easement for connectivity
between the north and south point of the pathway on the northern portion of
the property line.
4.
The access point onto Ten Mile which is proposed as a right in, right out, as
shown on the preliminary plat be eliminated.
5.
On the I-L portion of the project, if a contractor yard is constructed, any
company vehicles, equipment, and any and all materials, must be either in an
enclosed building or behind site obscuring fences during non-working hours,
and such shall be located at the rear of the property.
6.
A cross-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
7.
There is a widely recognized need for infrastructure improvements sooner,
rather than later, especially as it respects large developments, the
Owner/Developer, as condition of annexation and zoning, shall participate
in the negotiations with Ada County Highway District, and shall become a
party to any eventual agreements worked out by the developer/ACHD
Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
8.
Separate CUP approval for only the lots that are abutting Ustick Road, Ten
Mile Road and the Nine Mile Creek should be required. It is believed that
this modification will allow the City to control design and use issues
required by ordinance, while allowing the proposed uses to bypass the
public hearing process. This makes the process of pulling building permits
more efficient for the developer(s) and the City.
Below is the proposed list of allowed and prohibited uses for each zone*:
DEVELOPMENT AGREEMENT (AZ-04-O04)
PAGE 6 OF 20
I-L Zone:
Permitted Uses**
Animal Hospital/Kennel
Automobile Repair Shop/Garage/Wash
Automobile Service Station
Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop;
Sign Painting Shop; and Indoor/Outdoor Storage Yards
Crematorium * * *
Drive-in Theatres; Drive-in Establishrnents***
Dry Cleaning***
Flex Space: Office/W arehouse Mix
Greenhouses, nurseries
Laboratories (Medical, Dental, and Optical)
Laundries, commercial
Mausoleum***
Medical Research Facilities
Molded Plastic Products
Mortuary* * *
Newspaper and Printing Establishment
Parks and Plazas
Pharmacy (drive-thru requires CUP approval)
Printing, Lithography, Publishing and Associated Reproduction (exclusive of
Paper Manufacturing)
Public & Quasi-Public Uses (as defined in the Meridian Comprehensive Plan)
Radio and Television Stations (except exterior communications facilities districts)
Recycling Plants***
Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery
Seed and Garden Supply
All uses listed in MCC 11-8-1 as "Permitted Use" in the I-L zone, except:
Prohibited Uses
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
LumberYards
Mobile Home Manufacturing
Outdoor Entertainment Centers
Railroad Yards and Shops
Restaurants
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 7 OF 20
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
School - Private
Solid Waste Transfer Stations
Truck Stop
L-O Zone:
Permitted Uses**
Bakery Stores
Clubs and Lodges
Dry Cleaning***
Garage, public
Greenhouse, nursery
Laundromat (self-service)***
Nursing Home and Sanitariurns***
Public Parking Lot
Public and Quasi-public (as defined in the Comprehensive Plan)
Radio and T.V.
Research Facility
Technical School***
Veterinary Clinics and Hospitals
All uses listed in MCC 11-8-1 as "Permitted Use" in the L-O zone, except:
Prohibited Uses
Apartment Houses
Childcare Center
Convenience Store
Department Store
Drive-in Theatre, Drive-in Establishment
Family Childcare Home
Group Childcare Home
Hospitals
Hotels
Motels
Multi-family Dwellings
Nurseries and Daycare Centers
School - Private, Public
COG Zone****:
Permitted Uses**
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 8 OF 20
All uses listed in MCC 11-8-1 as "Permitted Use" in the C-G zone, except:
Prohibited Uses
Bars, Alcohol Establishments
Contractor's Yard
Entertainment Centers, Outdoor
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
*
This list is not an exhaustive inventory of all possible uses. When/if a use
is proposed that is not specifically listed, such use shall be hereby
expressly prohibited unless by application and authorization it is
determined by the Planning and Zoning Administrator that said use is
similar to and compatible with a listed permitted use. Such use(s) may
then only be permitted as a conditional use, regardless of the proposed site
location.
A use listed as a permitted use in any zone will require CUP approval if it
is proposed on Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1.
*** CUP approval is required, regardless of the proposed site location.
**** All uses within the C-G zone require CUP approval.
**
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "OwnerIDeveloper's" heirs, successors, assigns, to comply
with Section 6 entitled "Conditions Governing Development" of subject "Property" of
this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509,
or any subsequent amendments or recodifications thereof
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consent 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:
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE90F20
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner/Developer" and if the
"OwnerlDeveloper" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "OwnerlDeveioper" 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
thereofin accordance with the terms and conditions of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "OwnerlDeveloper'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 of the Zoning
Ordinance.
A waiver by "City" of any default by "OwnerlDeveloper" 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.
I 1. 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 "OwnerlDeveloper", 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.
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 10 OF 20
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "OwnerlDeveloper", 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.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "OwnerlDeveloper" 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.
In the event the performance of any covenant to be performed
hereunder by either "OwnerlDeveloper" 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.
14. 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 "OwnerlDeveloper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "OwnerlDeveloper" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 11 OF 20
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".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/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.
17. 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Falcon Creek, LLC
621 N. Robinson Road
Nampa, Idaho 83687
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
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.
18. 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.
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 12 OF 20
19. 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.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner/Developer" of the "Property",
each subsequent owner and any other person acquiring an interest in the "Property".
Nothing herein shall in any way prevent sale or alienation of the "Property", or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owner /Developer",
to execute appropriate and recordable evidence of termination of this Agreement if
"City", in its sole and reasonable discretion, had determined that "Owner/Developer" has
fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" 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
"Owner/Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to
"City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the 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.
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 13 OF 20
23. 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 (AZ-04-004)
PAGE 14 OF 20
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
Attest:
~I
BY:
Edward J. elis
BY~ ~~
CITY OF MERIDIAN
Attest:
7-13-tJ4-
DEVELOPMENT AGREEMENT (AZ-O4-004)
PAGE 15 OF 20
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this ~~ day of ~ , in the year
2004, before me, a Notary Public, personally~eared Edward J. McNelis and A. Leon
Blaser, known or identified to me to be the registered agent and member of FALCON
CREEK, LLC, and the persons who executed the instrument and acknowledged to me that
they having executed the same on behalf of said limited liability corporation.
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On this 13-tk day of J~ ' in the year 2004,
before me, a Notary Public, personally appeared T y de Weerd and Wilham G. Berg,
!mow 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 acknowl~ç¡: .tP.Æe that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 16 OF 20
EXHIBIT A
LEGAL DESCRIPTION
TEN MILE-USTICK BUSINESS PARK
TOTAL ACREAGE
A parcel ofIand located in the SE \4 of Section 34, TAN., R.lW., B.M., Ada
County, Idaho, more particularly described as follows: BEGINNING at the comer
common to Sections 2 and 3, T.3N., R.l W., and Sections 34 and 35, TAN., R.l W., B.M.;
thence along the South boundary of said Section 34 North 89°43'00" West,
934.94 feet;
thence North 37°25'41" West, 861.63 feet;
thence North 43°06'33" West, 45.13 feet;
thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92
feet, a central angle 0[30°05'54", and a long chord bearing North 58°09'30" West,
151.07 feet;
thence North 73°12'27" West, 105.95 feet;
thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50
feet, a central angle of 69950'36", and a long chord bearing North 38°17'09" West,
115.06 feet;
thence North 03°21 '51" West, 140.80 feet;
thence North 80°31 '41" East, 287040 feet;
thence South 86°51 '15" East, 701.30 feet;
thence North 64°14'16" East, 277.37 feet;
thence South 89°43'09" East, 303.80 feet;
thence South 00°17'35" West, 253.68 feet
thence South 89°42'25" East 267.53 feet to a point on the East boundary of said
Section 34;
thence South 00°17'35" West, 935.83 feet to the Point of Beginning. Containing
34.60 acres, more or less.
Subject to right-of-way for Ten Mile and Ustick Roads.
PROPOSED CoG ZONE
McNelis Subdivision
A parcel ofIand located in the SE \4 of Section 34, TAN., R.l W., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the comer
common to Sections 2 and 3, T.3N., R.IW., and Sections 34 and 35, TAN., RlW., B.M.;
thence along the south boundary of said Section 34 North 89°43'00" West, 25.00 feet to a
DEVELOPMENT AGREEMENT (AZ-O4-O04)
PAGE 17 OF 20
point on the west right ofwayofN. Ten Mile Road, the Real Point of Beginning of this
description;
Thence continuing along said south boundary North 89°43'00" West, 253.00 feet
to a point;
thence North 00°17'35" East, 475.00 feet to a point;
thence South 89°43'00" East 253.00 feet to a point on said right of way;
thence along said right of way South 00°17'35" West 475.00 feet to the Real
Point of Beginning of this description.
Containing 2.76 acres, more or less.
PROPOSED I-L ZONE
McNelis Subdivision
A parcel ofland located in the SE !4 of Section 34, TAN., R.l W., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the corner
common to Sections 2 and 3, T.3N., R.l W., and Sections 34 and 35, TAN., R. I W., B.M.;
thence along the east boundary of said Section 34 North 00°17'35" East, 935.83 feet to a
point; thence North 89°42'25" West 267.53 feet to a point of tangency being the Real
Point of Beginning of this description;
thence 126.99 feet along the arc of a curve to the left, having a radius of227.00
feet, a central angle of32°03'IO" and a long chord bearing South 74°16'00" West,
125.34 feet to a point of tangency;
thence South 58°14'25" West, 244.10 feet to a point of curvature;
thence 279.77 feet along the arc of a non-tangent curve to the left, having a radius
of 427.00 feet, a central angle of37°32'24" and a long chord bearing South 39°28'13"
West, 274.79 feet to a point;
thence North 89°43'00" West 598.62 feet to a point;
thence North 37°25'41" West, 155.28 feet to a point;
thence North 43°06'33" West, 45.13 feet;
thence 152.82 feet along the arc ofa curve to the left, having a radius of290.92
feet, a central angel of30005'54", and a long chord bearing North 58°09'30" West,
151.07 feet;
thence North 73°12'27" West, 105.95 feet;
thence 122.5 I feet along the arc of a curve to the right, having a radius of 100.50
feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West,
115.06 feet;
thence North 03°21 '51" west, 140.80 feet;
thence North 80°31 '41" East, 287040 feet;
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 18 OF 20
thence South 86°51 '15" East, 701.30 feet;
thence North 64°14'16" East, 277.37 feet;
thence South 89°43'09" East, 303.80 feet;
thence South 00°17'35" West, 253.68 feet to the Real Point of Beginning of this
description.
Containing 14.67 acres, more or less.
PROPOSED L-O ZONE
McNelis Subdivision
A parcel ofIand located in the SE \{ of Section 34, TAN., R.l W., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the comer
common to Sections 2 and 3, T.3N., R.lW., and Sections 34 and 35, T.4N., R.IW., B.M.;
thence along the South boundary of said Section 34 North 89°43 '00" West, 278.00 feet to
the Real Point of Beginning of this description;
Thence continuing along said South boundary North 89°43 '00" West, 656.94 feet
to a point;
thence North 37°25'41" West, 706.35 feet to a point;
thence South 89°43 '00" East 598.62 feet to a point on a curve;
thence 279.77 feet along the arc ofa non-tangent curve to the right, having a
radius of 427.00 feet, a central angle of37°32'24" and a long chord bearing North
39°28'13" East, 274.79 feetto a point of tangency;
thence North 58°14'25" East 244.10 feet to a point of curvature;
thence 126.99 feet along the arc ora curve to the right, having a radius of227.00
feet, a central angle of32°03'10" and a long chord bearing North 74°16'00" East, 125.34
feet to a point of tangency;
thence South 89°42'25" East 242.53 feet to a point on the west right of way ofN.
Ten Mile Road;
thence along said right of way South 00°17'35" West 460.84 feet to a point;
thence North 89°43 '00" West 253.00 feet to a point;
thence South 00°17'35" West 475.00 feet to the the Real Point of Beginning of
this description.
Containing 16.64 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 19 OF 20
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-04-004)
PAGE 20 OF 20
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 34.6 ACRES FOR
PROPOSED McNELIS
SUBDMSIONFROM RUT TO I-L,
L-O, AND G-C, LOCATED ON THE
NORTHWEST CORNER OF
USTICK ROAD AND TEN MILE
ROAD, WITHIN SECTION 34 OF
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
FALCON CREEK, LLC,
APPLICANT
C/C OS/25/04
Case No. AZ-O4-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on May 25,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, Becky McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist,
Janet Wilder, Steve Weber, and Bruce Mills, appeared and testified, 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, and Decision and Order:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 1 OF 23
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles I I and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately34.6 acres in size and is located on the
northwest comer of Us tick Road and Ten Mile Road, within Section 34 of Township 4 North,
Range I West, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the
Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4.
The owner of record of the subject property is Falcon Creek, LLC, and A. Leon
Blaser is an authorized agent for Falcon Creek, LLC, who has provided notarized consent for the
subject application. Applicant is Falcon Creek, LLC.
5.
The property is presently zoned RUT (Ada County), and there is an existing
residence with other outbuildings currently on the site.
6.
The Applicant requests the property be zoned as L-O, I-L, and C-G.
7.
The subject property is surrounded by the following properties and uses:
North: Waste Water Treatment PlantlIdaho Power transmission line/Mini-storage,
zoned I-L.
South: Single-family homes (Englewood Creek Estates), zoned R-4.
East: Single-family homes (Hartford Subdivision), zoned R-4/Single-family home
on 75-acres, zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE2 OF23
8.
West: Single-family homes on large parcels, zoned R-2, C-N, and RUT.
The Applicant proposes to develop the subject property in the following manner:
A commercial subdivision with 16 buildable lots and 5 other/common lots.
9.
The Applicant requests zoning ofthe subject real property to L-O (Limited
Office), I-L (Light Industrial), and C-G (General Retail and Service Commercial) which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use - Waste Water Treatment Plant.
10.
The Five Mile Creek and the Nine Mile Creek are significant natural features that
shOlùd be protected through standard stormwater and run-off management practices. There are
no other significant or scepic features ofrnajor importance that affect the consideration of this
application.
11.
The City Council recognizes the concerns of neighbors, and the neighboring
homeowners association contained in a petition submitted pertaining to this matter.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
I.
The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDNISION
(AZ-O4-004)
PAGE3 OF23
2.
3.
4.
5.
The subject property is within the Urban Services Planning Area.
All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
A Development Agreement (DA) shall be entered into between the City of Meridian
and the property owner(s). The DA shall require that:
.
All proposed uses on future lots or parcels that abut UstickRoad and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block I, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and II-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
.
Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to IO pm.
.
The pennitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
Any existing domestic wens and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE4 OF23
B.
c.
D.
Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site-
specific requirements, conditions of approval and street improvements.
The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
I.
The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2.
The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the comer ofTen Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
3.
The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
4.
The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5.
On the I-L portion of the project, if a contractor yard is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6.
A cross-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
7.
There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ACHD Group.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-04-O04)
PAGE5 OF23
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
13.
In Chapter VII of the Comprehensive Plan, the following standards apply to the
Mixed Use-Waste Water Treatment Plant (MD- WWTP):
.
Light, professional office uses
Flex space uses, including light warehousing
No new residential uses
Limited, small-scale retail uses
Mini-storage uses
Unless otherwise permitted by City-adopted incentives, all developments
within this designated area will require approval through the Conditional Use
Permit process.
.
.
.
.
.
The following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to the annexation and zoning application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal ill, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item 1 I
Chapter V, Goal I, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
It is found with an executed Development Agreement (DA) that restricts future uses
on this site, and separate Conditional Use Permit review for future buildings, the requested zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004 )
PAGE 6 OF 23
designations, I-L, L-O, and C-G, will be harmonious with and in accordance with the 2002
Comprehensive Plan and the MU-WWTP designation.
14.
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat proposing to subdivide the property into lots for future light-industrial, office, and
commercial/retail uses (PP-04-004). With the approval of this annexation and zoning, it is not
anticipated that the applicant would rezone the subject property in the future.
15.
The Comprehensive Plan requires all developments within the MU- WWTP area to
obtain Conditional Use Permit (CUP) approval. It is proposed that the City modify this requirement
for separate CUP approval for each lot and cover what uses will be allowed and prohibited using a
Development Agreement, with separate CUP approval for the lots that abut Ustick Road, Ten Mile
Road and the Nine Mile Drain.
16.
This area is changing from agriculture and low-density residential uses to more
commercial/industrial type uses. There are mini-storage units and an Idaho Power transmission
facility directly north of this site. There is a large parcel directly to the west of this site that recently
rezoned to C-N (Neighborhood Commercial). The wastewater treatment facility to the north has
created questions concerning what uses are appropriate adjacent to the facility. The City has
previously determined that limited light industrial uses may be appropriate adjacent to the
wastewater treatment facility. It is believed that the proposed zoning designations, and future uses on
this site will be developed in a fashion similar to what exists and anticipated for this area.
Neither Ustick Road nor Ten Mile Road abutting this site is currently within ACHD's
Five Year Work Program or Capital Improvements Plan (CIP). Other urban services, such as sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 7 OF 23
and water, have been brought near to this site and the applicant should be able to extend such
services to the site. There are properties that are currently within the City limits, abutting all four
sides of this site.
17.
The applicant has noted just one specific user for this site, a mini-storage facility.
Detailed development plans (site plan including elevations, landscaping, parking, etc.) have not been
submitted for this use, or any other use, at this time. The Development Agreement shall address the
appropriate and harmonious uses that would be allowed for the site so that they would be
harmonious with the existing and intended character of the area.
The existing character of the area will, and is, currently changing, especially upon build-out
of the proposed project and other similar projects in the general vicinity of the wastewater facility. It
is not found that the proposed zoning/uses will adversely change the essential character of area. It is
found that the proposed I-L, L-O, and C-G zones, and subsequent uses allowed with a Development
Agreement that are designed, constructed, operated and maintained in accordance with city
ordinances and future CUP applications, should be harmonious and appropriate in appearance with
the existing character of the vicinity.
18.
The Council has received letters, and listened to testimony from near-by property
owners, on how the development of this site is critical to the existing quality ofIife in the area. It is
believed that the uses listed within the Special Consideration "A" of the staff report table are not
hazardous and will not be disturbing to existing or future neighboring uses.
19.
This site has approximately 900 feet of frontage on Ustick Road, and approximately
900 feet of frontage on Ten Mile Road, which are both currently 2-lane arterial roadways. Neither
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 8 OF 23
Ustick Road, nor Ten Mile Road is in the ACHD's Five Year Work Plan or CIP for roadway
widening. The applicant will be required to make improvements (landscaping, sidewalk, auxiliary
lanes, etc.) adjacent to Ustick Road and Ten Mile Road. The ACHD Commissioners reviewed and
approved this application on March 24, 2003. As part of the ACHD approval, site-specific and
standard conditions for development were imposed on the applicant. NOTE: ACHD is allowing two
driveways, a right-in/right-out and a full-access, on Ten Mile Road. It is recommended that the
development construct one driveway to Ten Mile Road.
On February 27,2004, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire and Police Departments
have submitted a list of conditions and needs in order to adequately serve the project. The applicant
shonld coordinate the location and design of refuse container(s) with Sanitary Services Company
(SSC). Trash enclosures must be built in the location and to the size approved by SSC. All
dumpster(s) must be screened in accordance with MCC I 1-12-1.C. All of the detailed conditions
from the Fire and Police Departments and other agencies/departments are listed within the
corresponding application conditions, Preliminary Plat, PP-Q4-004.
Water and sanitary sewer service to this development is proposed to be extended from
existing/or mains being installed in adjacent subdivisions.
It is found that the property proposed for annexation and zoning can be served
adequately by essential public facilities and services.
20.
The applicant will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE9 OF23
the development area will be fIre and police services. It is found that there will not be excessive
additional requirements at public cost and that the annexation and zoning will not be detrimental to
the community's economic welfare.
21.
It is recognized that traffic and noise will increase with the development of this site;
however, it is not believed that the amount generated will be detrimental to the general welfare of the
public. It is found that the proposed zoning and subsequent uses allowed with the Development
Agreement and, if applicable, a Conditional Use Pennit should not be detrimental to people, property
or the general welfare of the area. It is not anticipated that the proposed annexation and subsequent
uses will create excessive noise, smoke, fumes, glare, or odors.
22.
Traffic will increase in this area when the site develops. The applicant is proposing
two vehicular approaches to Ustick Road and three vehicle approaches to Ten Mile Road to the
property. Review of the ACHD report for this project will provide additional information.
23.
The Five Mile Creek and Nine Mile Creek are immediately adjacent to the site.
The applicant is proposing to leave both the Five Mile Creek and the Nine Mile Creek open and
construct a 10-foot wide multi-use path along both creeks. It is found that the Five Mile Creek
and the Nine Mile Creek are significant natura1 features that should be protected through
standard stormwater and rilll-off management practices. Staff is not aware of any other natural or
scenic feature(s) of major importance in the area that may be affected by the proposed
development. Any existing trees larger than 4" caliper that are removed shall be mitigated for,
per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 10 OF 23
24.
It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
.
increased commercial land base available to fUture developers;
increased property tax revenue;
municipal services are available to the area; and
application substantially complies with the Comprehensive Plan.
.
.
.
It is also found that, based upon the fact that specific uses are not proposed at this
time, it is difficult to fully determine "best interest" factors. However, the CUP process does
grant the City a fairly high degree of design and use review authority when specific uses are
proposed.
ANNEXATION & ZONING SPECIAL CONSIDERATIONS
A.
DeveloDment Agreement:
According to the current Comprehensive Plan, all developments within the MU-WWTP
area require approval through the Conditional Use Permit (CUP) process. Staff is
proposing that the City modify this requirement for separate CUP approval for all uses in
this development, and cover what uses will be allowed and prohibited using a
Development Agreement. Separate CUP approval for only the lots that abutting Ustick
Road, Ten Mile Road and the Nine Mile Creek should be required. Staff believes that this
modification will allow the City to control design and use issues required by ordinance,
while allowing the proposed uses to bypass the public hearing process. This makes the
process of pulling building permits more efficient for the developer(s) and the City.
Below is the proposed list of allowed and prohibited uses for each zone*:
I-L Zone:
Permitted Uses**
Anima1 Hospital/Kennel
Automobile Repair Shop/Garage/Wash
Automobile Service Station
Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign
Painting Shop; and Indoor/Outdoor Storage Yards
Crematorium * * *
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE II OF 23
Drive-in Theatres; Drive-in Establishments***
Dry Cleaning***
Flex Space: Office/Warehouse Mix
Greenhouses, nurseries
Laboratories (Medical, Dental, and Optical)
Laundries, commercial
Mausoleum***
Medical Research Facilities
Molded Plastic Products
Mor1:uary***
Newspaper and PrlTIting Establishment
Parks and Plazas
Pharmacy (drive-thru requires CUP approval)
Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper
Manufacturing)
Public & Quasi-Public Uses (as defined in the Meridian Comprehensive Plan)
Radio and Television Stations (except exterior communications facilities districts)
Recycling Plants***
Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery
Seed and Garden Supply
All uses listed in MCC 11-8-1 as "Permitted Use" in the I-L zone, except:
Prohibited Uses
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Ma."1ufacturing
Outdoor Entertaimnent Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
School - Private
Solid Waste Transfer Stations
Truck Stop
L-O Zone:
Permitted Uses**
Bakery Stores
Clubs and Lodges
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 12 OF 23
Dry Cleaning***
Garage, public
Greenhouse, nursery
Laundromat (self-service)***
Nursing Home and Sanitariums***
Public Parking Lot
Public and Quasi-public (as defined in the Comprehensive Plan)
Radio and T.V.
Research Facility
Technical School***
Veterinary Clinics and Hospitals
All uses listed in MCC 11-8-1 as "Permitted Use" in the L-O zone, except:
Prohibited Uses
Apartment Houses
Childcare Center
Convenience Store
Department Store
Drive-in Theatre, Drive-in Establishment
Family Childcare Home
Group Childcare Home
Hospitals
Hotels
Motels
Multi-family Dwellings
Nurseries and Daycare Centers
School - Private, Public
CoG Zone****:
Permitted Uses**
All uses listed in MCC 11-8-1 as "Permitted Use" in the C-G zone, except:
Prohibited Uses
Bars, Alcohol Establishments
Contractor's Yard
Entertainment Centers, Outdoor
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
*
This list is not an exhaustive inventory of all possible uses. When/if a use is
proposed that is not specifically listed, such use shall be hereby expressly
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 13 OF 23
prohibited unless by application and authorization it is determined by the Planning
and Zoning Administrator that said use is similar to and compatible with a listed
permitted use. Such use(s) may then only be permitted as a conditional use,
regardless of the proposed site location.
A use listed as a permitted use in any zone will require CUP approval if it is
proposed on Lots 2,3, and 4, Block 2, and Lots 1-5, and 7, Block 1.
*** CUP approval is required, regardless of the proposed site location.
**** All uses within the CoG zone require CUP approval.
**
In August of 2002, the City Council adopted the current Comprehensive Plan and Future
Land Use Map, which created the MU- WWTP designation for the area around the wastewater
treatment facility. The primary reason for creating the MD- WWTP designation was to minimize
any possible negative impacts the wastewater facility may create upon residents and businesses in
the area. The City does receive complaints from residents about odors, especially during sludge
transport. This is the only planned treatment facility in the city and its operations are expected to
expand in the future. Historically, the question of "compatible" uses in this area has been a
difficult one to determine. The term "compatible" is not defined in the Zoning Ordinance and is
usually determined largely through the public hearing process. Ultimately the Commission and
Council must establish the parameters for compatibility with zoning and comprehensive plan
designations.
On August 6, 2002, the City Council denied a request for annexation and zoning to I-L
for this site. Concurrent with the annexation and zoning request, the applicant was proposing to
subdivide the property into 12 buildable lots (Utility Subdivision). This project was denied
because the anticipated uses proposed for that site, a school bus facility and a solid waste transfer
station were not found to be light industrial uses and the development had too much potential to
negatively impact the surrounding neighbors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004 )
PAGE 14 OF 23
Following is a general breakdown of the acreage and current uses within the MU-WWTP
area:
Use / Owner Acreage
WWTP / City of Meridian 46.5
Existing Low Density Residential / Various 4604
Irrigation & Drainage / Bureau of Rec/NMID 17.62
Mini Storage / Bilmar Inc. 11.75
Drawbridge Subdivision 5.01
Idaho Power Substation / Idaho Power 1.03
Vacant/Undeveloped Land / Various 292.1
TOTAL WWTP AREA 420.43
Of the 292 acres available for development, approximately 40 acres is tentatively
designated as future school district property (Quenzer property), leaving a balance of
approximately 250 acres available for non-residential uses. Most warehousing, light
industrial and flex-building uses are more land-intensive than retail and office and
typically have lower floor-to-area ratios. Meaning that these uses, as well as the
anticipated uses that will be allowed on this site, will not have as many buildings/users as
other people-intense uses. Based on previous City action in this area, it is important to not
compromise the ability of future development to comply with the existing Comprehensive
Plan; reducing human exposure to odors and discouraging new residential in close
proximity to the WWTF.
25. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 15 OF 23
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearlUlce 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.
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
Meridian City Code § 11-16 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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA DON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 16 OF 23
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item I
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item I I
Chapter V, Goal I, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
5.
The zoning of (L-O) Limited Office, (C-G) General Retail and Service Commercial,
(I-L) Light Industrial are defined in the Zoning Ordinance at § 11-7-2 G, K, and N as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
(C-G) General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
(I-L) Lililit Industrial District: 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 17 OF 23
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 such proximity to
ensure connection to the Municipal water and sewer systems of the City. Uses incompatible
with light industry are not permitted, and strip development is prohibited.
6.
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).
7.
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 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
I.
The applicant's request for annexation and zoning of approximately 34.6 acres to
Limited Office (L-O), General Retail and Service Commercial (C-G), and Limited Office (L-O) are
granted subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 34.6 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 18 OF 23
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
1.
The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
2.
The subject property is within the Urban Services Planning Area.
3.
All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4.
A Development Agreement (DA) shall be entered into between the City of Meridian
and the property owner(s). The DA shall require that:
. All proposed uses on future lots or parcels that abutUstickRoad andiorTen
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Roadandlor Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE 19 OF 23
B.
c.
D.
3.
.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC II-19-1).
.
Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to IO pm.
.
The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
5.
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, when
services are available from the City of Meridian. Wells rnay be used for non-domestic
purposes such as landscape irrigation.
Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site-
specific requirements, conditions of approval and street improvements.
The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
Adopt the action of the City Council taken at their May 25,2004 meeting as follows:
For clarification:
1.
The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2.
The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the corner ofTen Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE20 OF 23
4.
4.
The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5.
On the 1-1 portion of the project, if a contractor yard is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6.
A cross-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
7.
There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (L-O) Limited Office, (C-G) General Retail and Service Commercial, and (I-L) Light
Industrial Districts, and Meridian City Code § I 1-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § I 1-2 I - I in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE2!OF23
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory talcing analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the fina! decision conceming the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seekajudicialreview as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
¿J/..'. day of
J~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~'!-
COUNCILMAN CHARLIE ROUNTREE
VOTED #--~
COUNCILMAN KEITH BIRD
VOTED $--
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE22 OF23
DATED:
MOTION:
APPROVED:~ DISAPPROVED:-
¿:-ß-O4-
Attest:
By~(l ~
City Clerk
Dated:
10-115- 04
Z:\WorkIM\MeridianlMeridian I 5360M'McNelis AZ-04.Q04 PP.04-o04\AZFtCl&Order.doc
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING McNELIS SUBDIVISION
(AZ-O4-004)
PAGE23 OF23