Stow-It Storage Facility DA AZ 04-013
PARTIES:
1.
2.
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 30
BOISE IDAHO 10/22104 01:32 PM
~~~~~~E~i:~:ÓI~~ST OF 1111111111111111111111111111111111111
CITYCFMERIDIAN 1134134972
DEVELOPMENT AGREEMENT
City of Meridian
Lyons Development, LLC, Developer & Owner
TIllS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ! Ø? day of p~ ~ ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
LYONS DEVELOPMENT, LLC, whose address is 15205 N. McFarland Creek Road,
Boise 83714, and hereinafter called "OWNER" and "DEVELOPER".
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "OWNER" 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 the CoG zoning, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" 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 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District, (Municipal Code of the City of Meridian);
and
1.5
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
A'1. 04-013
DEVELOPMENT AGREEMENT (CtJf'-IM-ðt1)
PAGE 1 OF 19
1.6
1.7
1.8
1.9
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and be-
WHEREAS, City Council, the 7~ day of SèP,'";O04, 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
WHEREAS, the Findings require the "Owner" to enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"OWNER" 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 "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 fÌ'om government subdivisions providing
services within the planning jurisdiction and fÌ'om affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title II and Title 12.
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
contractua1 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
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 2 OF 19
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
4.
"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 of Idaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to LYONS DEVELOPMENT,
LLC, whose address is 15205 N. McFarland Creek Road, Boise
83714, the party owning said "Property" being developed and shall
include any subsequent owner(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 CoG attached hereto and by this reference incorporated
herein as ifset forth at length.
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 Section
11-7-2 (K) which are herein specified as follows:
Construction of a storage facility with caretaker residence and future
off/retail development for the remainder of the property. Detailed planned
development for the storage facility and conceptual planned development is
requested for the remainder of the property. Detailed approval for this acre
shall occur under the planned development process, consistent with the
revised Plat of July 30, 2004 and Conditional Use Permit.
Development shall be consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the property CoG.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 3 OF 19
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A
"Owner" shall develop the "Property" in accordance with the following
special conditions:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1.
Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a
minimum 25-feet landscape buffer along the west property line. Materials used in
the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be
coordinated with the property owners to the west, with the final result being that no
trees shall be added in the area of the power lines that have a mature height greater
than 25 feet."
2.
Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented
by the applicant at the Planning and Zoning Commission hearing will be required."
3.
Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The
applicant may be allowed to utilize a temporary septic system for the
office/apartment use ouly."
4.
Delete Site Specific Condition #12 on page 16
5.
Add Site Specific Condition #22 which reads: "The hours of operation of the
storage facility shall be contained between +6:00 a.m. and 10:00 p.m. on all days."
B.
Adopt the Conditions and Recommendations of the Meridian Planning and Zoning
and Public Works Departments, as modified by the Planning & Zoning
Commission, as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PO)
1. All conditions of the accompanying AnnexationlRezone application shall also be
considered conditions of the Conditional UseIPD application.
2
All building construction within this detailed phase of Stow-It, shall substantially
comply with the elevations prepared by Moore Design Associates on 5-5-04.
Construction materials used on the structures shall be approved by City of Meridian
Building Department and be in accordance with the most recent International
Building Code. If any significant modification(s) to the approved architectural
design features and/or materials, as determined by the Planning Director, are
requested for building(s) in the future, the property owner shall submit a CUP
modification. Said modification will require City Council approval.
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 4 OF 19
3.
The submitted landscape plan, prepared by Moore Design Associates, and dated 5-
11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning
Compliance (CZC) permit, the applicant shall submit a revised landscape plan with
the following changes/additions/notes:
. Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road,
located entirely outside of the right-of-way. All trees shall be located beyond
the required street right-of-way. Prior to occupancy, said landscape buffer
shall be installed along Stoddard Road, abutting the entire site. The buffer
shown on the submitted Landscape Plan is approximately 25-feet wide. Staff
is supportive of this increased width as it provides additional buffering for
the residents in the Bear Creek Subdivision.
. Provide a 25-foot wide (minimum) landscape buffer along Overland Road.
All trees shall be located beyond the required street right-of-way.
. Provide landscape materials within the street buffers per MCC 12-13-10.
. Conifer trees are not allowed within any required street buffer area.
. Provide a minimum 25-foot wide landscape buffer along the west property
line. Materials used in the buffer shall be in accordance with MCC 12-13-12-
3~, and these materials will be coordinated with the property owners to
the west, with the final result being that no trees shall be added in the
area of the power lines that have a mature height greater than 25 feet.
. Any tree over 4" in caliper that is removed ftom the property shall be replaced
by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed (MCC 12-13-13-3).
Ten (10) copies of are vised landscape plan shall be submitted to the City Clerk's office
at least ten (10) days prior to the City Council hearing.
4.
Pre'¡ide tv/a ameMies, as aWFElved 9Y the PlwmiBg & Zeffiag CelÐHlÎsaiea, fer the
Plamled De'fele¡IIBeftt. .A.t least 1 g days Iffier ta the City CeÐBeil liear'.ng, the
applialHit shall salmrit 19 sepias ef a re'.4sed site pllHi she'¡/ing hew the amenities
will Be afÎeBted aD the sHe. Two amenities as presented by the applicant at the
Planning and Zoning Commission hearing will be required.
5.
Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the
City of Meridian Zoning and Development Ordinance. All vehicular use areas shall
be paved in accordance with Meridian City Code.
6.
An underground, pressurized irrigation system shall be installed to all landscape
areas per the approved specifications and in accordance with MCC 12-13-8 and
MCC 9-1-2.
7.
Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals
or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent
and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 5 OF 19
8.
9.
10.
11.
12.
13.
14.
association, with written confirmation of said approval submitted to the Public
Works Department.
All fencing shall be installed in accordance with MCC 12-4-10. If no permanent
fencing is provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit.
A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
The applicant shaJ.l may be allowed to utilize a temporary septic system for the
officelapartment uses ÎR Phase I 2!!!y. The applicant shall enter into a non-
development agreement for the balance of the property until proper sewer service is
available in conformance with the City's facility plan (see AZ-04-013). The
arrangement for a septic system connection for the proposed office/apartment use is
temporary and shall be abandoned, and connection made to City sewer, once the
sewer is within 300 feet of the subject property. The applicant shall coordinate the
design and location of "dry line" sewer line(s) to be installed to facilitate the future
connection to City sewer. The applicant shall coordinate with the Public Works
Department, the provisions for any required sewer easements adjacent to the Hardin
Drain.
The applicant will be responsible to construct the water mains to and through this
proposed development (looped). Project designer to coordinate main sizing and
routing with the Public Works Department. Please provide the Public Works
Department with information on anticipated fire flow and domestic water
requirements for the proposed site. Flow and pressure fÌ'om the existing mains
should be monitored with the Meridian Water Department.
The Itlah.e Pe'.-:er subatatieR shall Be BfÐagÐ.t iRte eeHlflliaaee ....41l1 the appre'ied
lanElsellpe plaa at .'<1111 Ce- prier te eeGUpatley ef aay ef the stemge, effiee, er
IIpartæBftt l:ISeB.
All mini-storage units shall have a 20-foot clear minimum separation between
buildings, and between fences and buildings, for circulation and emergency access.
No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb
DEVELOPMENT AGREEMENT (CUP-04-Ot7)
PAGE 6 OF 19
15.
16.
17.
18.
19.
20.
21.
22.
red and provide signage "No Parking Fire Lane".
Provide a Knoxbox entry system for the complex.
Commercial and office occupancies will require a fire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of300' apart.
A revised site plan and landscaping plan reflecting all the required modifications to
the site plan and landscaping shall be submitted to the City Clerk's office at least ten
(10) days prior to the next public hearing.
The applicant shall coordinate the location and design of trash dumpsters with
Sanitary Services Company (SSC) staff. Trash enclosures must be built in the
location and to the size approved by SSC. Prior to Certificate of Zoning Compliance
(CZC) submittal, the applicant shall submit a revised site plan, stamped approved by
SSC, for the proposed trash enclosure location and design. All dumpster(s) must be
screened in accordance with MCC l1-12-1.C.
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) fÌ'om the
Meridian Planning and Zoning Department (MCC 11-19-1).
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeftame, a new conditional use permit must
be obtained prior to the start of development.
The hours of operation of the storage facility shall be contained between 6:00
3.m. and 10:00 p.m. on all days.
DEVELOPMENT AGREEMENT (CUP-04-017)
PAGE 7 OF 19
GENERAL REOUIREMENTS
I. Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City
Ordinance Section 11-13-4.C.
2.
All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance.
3.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
4.
Applicant's (or successor's) failure to comply with any of the terms of approval of the
conditional use permit shall be cause for revocation of the conditional use permit.
C.
Adopt the Recommendations of ACHD as follows:
1.
Site SDecific Conditions of ADDrovai
The Board of Commissioners authorize the expenditure of other District funds
(approximately $30,000.00), if available, for the purchase of right-of-way on Overland
Road dedicated by the applicant, with the applicant constructing a sidewalk as
described below. However, if funds cannot be secured, the applicant shall do one of the
following:
a.
Dedicate by donation an additional 23-feet of right-of-way along Overland
Road, and construct a minimum 5- foot wide concrete sidewalk along Overland
Road, located a minimum of 41- feet fÌ'om the centerline of the right-of-way.
b.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41- feet fÌ'om
the centerline of the right-of-way, in an easement provided to the District.
c.
Provide a road trust depositin the amount of$12,900.00, to be used for future
sidewalk construction along the applicant's property.
2.
Dedicate 35-feet ofright-of-wayfÌ'om the centerline of Stoddard abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will not be compensated for this additional right-of-way
because Stoddard Road is classified as a collector roadway and is to be brought to
adopted standards by the developers of abutting properties.
3.
Construct Stoddard as one-half of a 46-foot street section with vertical curb, gutter and
5-foot detached (or 7-foot attached) coOncrete sidewalk within the 35-feet of right- of-
way fÌ'om the centerline of Stoddard Road that will be dedicated with this application.
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 8 OF 19
OR
Provide the District with a Public Right's of-Way Road Trust deposit in the amount of
$35,200.00 for the first 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement
widening to one-half ofa 46-foot street section for the 500-foot offtontage on Stoddard
Road that is included in the District's Five Year Work Program.
4.
Provide the District with a Public Rights-of-Way Road Trust Fund deposit in the
amount of $2,000.00 for the construction of a median to be installed as a part of the
Overland Road project in 2007.
Construct a 20-foot wide full-access driveway that intersects Stoddard Road
approximately 445-feet south of Overland Road.
5.
6.
Pave the driveways their full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers. with 15-foot radii abutting the
existing roadway edge.
7.
Other than the access points that have been approved with this application, direct lot
access to Overland Road and Stoddard Road is prohibited unless otherwise approved by
the District.
8.
Comply with all Standard conditions of Approval.
1.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street fÌ'ontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
5.
All design and construction sha11 be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 9 OF 19
D.
2.
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by
applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change fÌ'om the Ada County
Highway District.
11.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other r¡;:gulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows
1.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
Fire Hydrants shall be placed on comers.
b.
c.
d.
e.
DEVELOPMENT AGREEMENT (CUP-04-Ol7)
PAGE 10 OF 19
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
E.
1.
2.
3.
f.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
All entrance and internal roads shall have a turning radius öf28' inside and 48'
outside.
Insure that all yet undeveloped parcels are maintained ftee of combustible
vegetation.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
All driveways shall have a clear driving surface, available at all times, which is 20'
wide.
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature
landscaping.
Commercial and office occupancies will require a fire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 300' apart.
Provide a Knoxbox entry system for the complex.
The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. This cost of
this installation is to be borne by the developer.
No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb
red and provide signage "No Parking Fire Lane".
Building setbacks shall be per the Building Code for one and two story construction.
Please contact the Fire Marshal at 888-1234 to work specific issues associated with
this project.
Adopt the Recommendations of the Central District Health Department as follows:
Specific knowledge as to the exact type of use must be provided before we can comment
on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can
comment, if on-site sewage disposal is proposed.
Before we can comment concerning individual sewage disposal, we will require more
DEVELOPMENT AGREEMENT (CUP-04-017)
PAGE 11 OF 19
data concerning the depth of: high seasonal ground water, waste flow characteristics, or
bedrock :&om original grade.
4.
This office will require a study to assess the impact of nutrients and pathogens to
receiving ground waters and/or surface waters if more than 600 gallons a day are
proposed.
5.
CHDH has not received any correspondence or inquiries fÌ'om Lyons Development
regarding on-site sewage disposal.
F.
Adopt the Recommendations of Sanitary Services Company as follows:
1.
Design the enc1osure(s) per the standard recommendations of SSC for access, gates,
floor/pad, container stopslbumpers, and dimensions. Coordinate the design with
S SC. Approval of the trash enclosure design will be required prior to issuance of a
Certificate of Zoning Compliance for the project.
G.
Adopt the action of the City Council taken at their August 10, 2004 meeting as
follows:
For clarification:
1.
Modification of the CUP conditions made by the Planning and Zoning
Commission, to include:
a. Requiring a 25-foot wide landscape buffer to the west;
b. Coordinating materials to be used with the adjacent property owner;
c. Approving amenities presented by applicant at the public hearing;
and
Limiting hours of operation within the development to be fÌ'om +
6:00 a.m. to 10:00 p.m.
Applicant is granted a waiver of the standard tiling of the Hardin Drain
located on the southerly boundary of the property.
d.
2.
3.
Applicant shall be required to complete its offer to donate a sewer easement
to the City to facilitate the sewer extension through the property in the future.
Applicant shall coordinate with the Public Works Department and the
Nampa-Meridian Irrigation District the provisions for any required sewer
easement adjacent to the Hardin Drain.
4.
No RV dump shall be activated until the Black Cat sewer trunk is activated
and connected to the property.
5.
Applicant has submitted copies of a revised site plan and landscape plan
reflecting the changes required by the Commission, dated July 30, 2004.
Therefore, the preliminary plat date shall be July 30, 2004.
DEVELOPMENT AGREEMENT (CUP-04-017)
PAGE 12 OF 19
6.
Applicant agrees to limit development of this property to what has been
approved to date, and shall not intensify the development, or develop new
uses on the property, until the Black Cat Sewer Trunk has been extended
south of Interstate 84 and is available for connection to the property covered
by this Development Agreement.
H.
Comply with all the conditions, recommendations and requirements of the
corresponding order fÌ'om application of Annexation and Zoning, , Case No. AZ-04-
013 and the Conditional Use Permit, Case No. CUP-04-017, which orders are
hereby incorporated herein by this reference as though fully set forth.
6. 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 "Owner" or "Owner's" heirs, successors, assigns, to comply
with Section 5 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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" 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:
7.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
8. INSPECTION: "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 "Owner" or "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
DEVELOPMENT AGREEMENT (CUP-Q4-017)
PAGE 13 OF 19
9.2
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 "Owner" of anyone 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "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. 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.
II. 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 "Owner", 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
12.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "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.
In the event the performance of any covenant to be performed
hereunder by either "Owner" 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
DEVELOPMENT AGREEMENT (CUP-O4-017)
PAGE 14 OF 19
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 "Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; 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 "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:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Lyons Development, LLC
15205 N. McFarland Creek Road
Boise, ID 83714
with 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.
DEVELOPMENT AGREEMENT (CUP-04-017)
PAGE 15 OF 19
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
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 of the 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 of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" of the "Property", each
subsequent owner and 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", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "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
fÌ'om this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "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 "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 (CUP-04-017)
PAGE 16 OF 19
21.1
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.
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
OWNER and DEVELOPER:
LYONS DEVELOPMENT, LLC
~
B.
Its. .
DEVELOPMENT AGREEMENT (AZ-04-013)
PAGE 17 OF 19
CITY OF MERIDIAN
Attest:
BY~
eWEERD
~'\".'II/ / I .6 ~í...cP~ t'P-/2-P'¡-
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STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this I ~ day of Oc.Jo b-e r ,intheyear2004,before
me,aNotaryPublic,personallyappeared Do. Ip, çV""/Ä"1...e II "knownoridentified
to me to be the person who executed the instrwnent on behalf of Lyons Development, LLC,
as its 1\'11>1"" S" 0(" , and acknowledged to me that he executed the same.
~'I ^^Jv1,STOOr ~
N pUbli~r Idaho
Residing at: D ì :'\e.. "Ld
Commission expires: en'l 2.,0 110
DEVELOPMENT AGREEMENT (AZ-O4-013)
PAGE 18 OF 19
STATEOFIDAHO )
:ss
County of Ada
On this I)"~ dayof Odolou" ,intheyear2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know 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 (AZ-O4-013)
PAGE 19 OF 19
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/10/04
IN THE MATTER OF THE
REQUEST FOR ANNEXATION &
ZONING OF 13.5 ACRES TO C-G
FORSTOW~TSELFSTORAGE
)
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
Case No. AZ-O4-013
LYONS DEVELOPMENT, LLC
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on August 10, 2004, at the hour of 7:00 p.m., and Anna Canning, Becky McKay and Bruce
:Freckleton, 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
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, 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 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCWSIONS OF lAW
AND DECISION AND ORDER DRANrlNG APPLICATION
FOR ANNExATION AND ZONING - STOW.IT SElF STORAGE
(AZ-II4'() 13)
PAGE 1 OF 11
and the Amended Comprehensive Plan of the Cíty of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property is approximately 13.5 acres in size and is located on the southwest
comer of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3
North, Range I West.
4.
Idaho Power Company is the current owner, and David L. Hogg has provided
notarized consent for the subject application.
5.
The Applicant is Lyons Development, LLC.
FINDINGS Of F ACJ' AND CONCUJSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING- sTOw-rrsELF STORAGE
(AZ-04-013)
PAGE20F II
6.
The subject property is currently zoned RUT (Ada County) and is vacant.
7.
The Applicant requests the property be zoned CoG.
8.
The property which is the subject of this application is within the Are of Impact of
the City of Meridian.
9.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
10.
The Applicant proposes to develop the subject property in the following manner:
A storage unit complex with commercia1!office uses and a caretaker's apartment.
11.
The Applicant Requests zoning of the subject real property to CoG (General Retail
and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future
Land Use Map, which designates the subject property as Mixed Use - Neighborhood.
12.
There are no significant or scenic features of major importance that affect the
consideration of this application.
13.
The concerns of Jackie Reinhart, Shane Hodgekíss and Garrett Harwell,
expressed at the July 15, 2004 hearing of the Planning and Zoning Commission are recognized.
The City Council of the City of Meridian hereby approves the requested Annexation and
Zoning as requested by the Applicant for the property described in the application, subject to the
following:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
FINDINGS OF FACT ANDCONCWSIONS OF u.w
AND DECISION AND ORam. GRANTING APPUCATION
FOR ANNEXATION AND ZONING - STOW-IT SBU' STORAGE
(AZ<J4-013)
PAGE30Fll
4.
5.
ANNEXATION AND ZONING CONDITIONS
1.
The legal description submit1ed with the application appears to meet the
requirements of the City of Meridian and State Tax Commission and places the
parcel contiguous to existing city limits.
2.
Prior to the annexation ordinance approval, the owner shall be required to enter
into a Development Agreement (DA) with the City as a condition of annexation.
The DA shall req\1Îre that:
Uses shall be restricted to those depicted on the accompanying Conditional
Use Permit (CUP) Site Plan.
Non-development of the 2.5 acres shown as Future Development
(OfficelRetail) on the accompanying CUP Site Plan, until City sewer is
available to the subject property in compliance with the City's facility
plans.
The arrangement for a septic system connection for the proposed
apartment/caretakers unit and commercial/office for the storage units is
temporary and shall be abandoned, and connection made to City sewer,
once the sewer is within 300 feet of the subject property. The applicant
shall coordinate the design and location of "dry line" sewer line(s) to be
installed to facilitate the future connection to City sewer.
All future uses within the 2.5 acres shown as Future Development on the
accompanying CUP Site Plan shall be required to obtain detailed
conditional use permit approval.
3.
Any existing domestic wells will have to be removed :&om their domestic service
per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be
removed fÌ'om their domestic service per City Ordinance Section 9-1-4 and 9-4-8,
when service becomes available to this site. Wells maybe used for non-domestic
purposes such as landscape ilTigation.
All ilTigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
ilTigationfdrainagedistrict, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
Any future subdivision, uses and construction on this property shall comply with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FORANNEXATJON AND ZONING-SroW-IT SEU STORAGE
(AMWLJ)
PAGE 4 OF 1)
the City of Meridian ordinances in effect at the time.
B.
The Applicant shall also comply with the conditions and requirements of the corresponding
application for this project, which is Conditional Use Permit - CUP-04-01 7.
c.
Adopt the action of the City Council taken at their August 10, 2004 meeting as follows:
For clarification:
I. Applicant will tile all ditches pursuant to Paragraph 4 above, with the exception of
the Hardin Drain located on the sou1herly boundary of the property.
2. Applicant shall, consistent with the commitment made by its representative at the
City Council hearing, donate to the City a sewer easement adjacent to the Hardin
Drain.
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPlICATION
FOR ANNEXATION AND ZONING- STOw.rr SEll' STORAGE
(~+OI3)
PAGE 5 OF 11
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 project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Application.
5.
The zoning of (C-G) (General Retail and Service Commercial) is defined in the
Zoning Ordinance at § 11-7-2 K as follows:
(CoG) General RetaU and Service Commercial Distri£t: 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.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexationofland. See Burtvs. The Citv ofIdaho Falls, 105
FINDINGS OF FACT AND CONCIlISIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING-STOW-rr SELFSTORAOE
(AZ-04-0¡3¡
PAGE 6 OF II
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 doe5
Order:
1.
The applicant's request for annexation and zoning of approximately 13.5 acres to CoG
(General Retail and Service Commercial) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 13.5 acres. The legal description
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:
FINDINGS OF fACT AND CONCWSIONS OF LAW
AND DECISION AND ORDERORANTING APPLICATION
fOR ANNEXATION AND ZONING - STOW-IT SELF STORAGE
(AZ-04-013)
PAGE 70F 11
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION AND ZONING CONDITIONS
3.
4.
1.
2.
The legal description submitted with the application appears to meet the
requirements of the City of Meridian and State Tax Commission and places the
parcel contiguous to existing city limits.
Prior to the anneKation ordinance approval, the owner shall be required to enter
into a Development Agreement (DA) with the City Wi a condition of annexation.
The DA shall require that:
.
Uses shall be restricted to those depicted on the accompanying Conditional
Use Permit (CUP) Site Plan.
.
Non-development of the 2.5 acres shown as Future Development
(OfficelRetai1) on the acoompanying CUP Site Plan, until City sewer is
available to the subject property in compliance with the City's facility
plans.
.
The 8.1Tangement for a septic system connection for the proposed
apartment/caretakers unit and commercial/office for the storage units is
temporary and shall be abandoned, and connection made to City sewer,
once the sewer is within 300 feet of the subject property. The applicant
shall coordinate the design and location of "dry line" sewer line( s) to be
installed to facilitate the future connection to City sewer.
.
AU future uses within the 2.5 acres shown as Future Development on the
accompanying CUP Site Plan sha11 be required to obtain detailed
conditional use pennie approval.
Any existing domestic wells will have to be removed :&om their domestic service
per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be
removed :&om their domestic service per City Ordinance Section 9-1-4 and 9-4-8,
when service becomes available to this site. Wells may be used for non-domestic
purposes such as landscape irrigation.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Warks Department. If lateral
FINDINGS Of FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TlON
FOR ANNEXATION AND ZONING - STOW.IT SELF STORAGE
(AZ-O4-013)
PAGE 8 OF 11
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
s.
Any future subdivision, uses and cons1ruction on this property shall comply with
the City of Meridian ordinances in effect at the time.
4.
The Applicant shall also comply with the conditions and requirements of the
colTesponding application for this project, which is Conditional Use Permit - CUP-O4-0 17.
5.
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 (C-G) (General Retail and Service Commercial), and Meridian City Code § 11-7-2.
6.
Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
th,e official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
7.
Adopt the action of the Cily Council taken at their August 10,2004 meeting as
follows:
For clarification:
1.
Applicant will tile all ditches pnrsuant to Paragraph 4 of the Annexation
and Zoning Conditions above, with the exception of tile Hardin Drain located on the
southerly boundary ofthe property.
2.
Applicant shall, consistent with the commitment made by its
representative at the City Council hearing, donate to the City a sewer easement adjacent
to the Hardin Drain.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDERGRANTINO APPLICATION
FOR ANNEXATION AND ZONING - sroW-IT SELP SroRAGE
(AZ-IJ4.<J13)
PAGE90F 11
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003; the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
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, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
7..e~
day of
~~
.2004.
ROLLCALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED ~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: t:;-7-O4-
VOTED -
FINDINGS OF FACT AND CONCWSIONS OF lAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING-STOw.rr SELF STORAGE
(AZ-04.(J13)
PAGE 10 OF 11
MOTION:
APPROVED:+ DlSAPPROVED:-
M'~~
Attest:
By:~Q¡ "'(~J\ Q 0 MJ
City Clerk's Office
Dated:-.9 . C . 04
Z:I WorkIMIMoridiJmIMeridillll I 5360MB...-n StDI1I¡e AZ 04-013 CUP Q4.0] 7lAZFFCLORD AZ4I-OI3.doo
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING- STOW-IT SEl.F STORAOE
(AZ-O4-0I3)
PAGE 11 OF 11