Matthew & Danita Hartz
PARTIES: 1.
2.
NnIA. - - .. RECORDED.R~Q TO"
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CityofMeridianlS,9JL22 PM I: 1699072881
Matthew and Danita Hartz
THIS DEVELOP~NT AGREEMENT (this Î~4rqement"), is
made and entered into this~ day of LJ , , by and
between CITY OF MERIDIAN, a municipal co oration of the State of Idaho,
hereafter called "CITY", and MATTHEW and DANITA HARTZ, husband
and wife, hereinafter called "DEVELOPER", whose address is 1990 N.
Meridian Road, Meridian, Idaho 83642.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
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 or "Developer" 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 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Limited
Office Ii-Oj, (Municipal Code of the City of Meridian);
and
1.5
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT - 1
~
1.6
1.7
1.8
1.9
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
WHEREAS, City Council, the ~-}l dayof:JtJ\.f ,1999,
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 "Developer" enter
into a development agreement before the City Council
takes final action on zoning designation; and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT - 2
2, INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"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 of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Matthew and Danita
Hartz, husband and wife, whose address is 1990 N.
Meridian Road, Meridian, Idaho 83642 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", attached hereto and
by this reference incorporated herein as if set forth at
length,
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4,2
If rezoned to L-O, use of the property for residential use
will no longer be a conforming use. Prior to use of the
property for office use, residential use will need to be
discontinued or a conditional use permit will need to be
applied for and granted by the Meridian City Council. Use
of the building exclusively as a retail or commercial site is
not permitted within the L-O zone.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
DEVELOPMENT AGREEMENT - 3
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:
6.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
6,1,1 Applicants shall upgrade the building to satisfy all
code requirements, both Fire and Electric.
6.1.2 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
per City Ordinance 11-9-605 .M. Plans will need to
be approved by the appropriate irrigation/drainage
district, or lateral users association, with written
confirmation of said approval submitted to the
Public Works Department. No variances have been
requested for tiling of any ditches crossing this
project.
6.1.3 Any existing domestic wells and/or septic systems
within this project will have to be removed from
their domestic service per City Ordinance Section 5-
7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
6.1.4 Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
6,1.5 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and
11-2-414.0.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA)
requirements.
DEVELOPMENT AGREEMENT - 4
6,1,6 A drainage plan designed by a State of Idaho
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. All site drainage
shall be contained and disposed of on-site.
6.1. 7 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance
Section 11-2-14.D.3.
6,1,8 All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance, No
temporary signage or flashing signs will be
permitted.
6.1. 9 Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-
606.B.
6.1.lOAlI construction shall conform to the requirements
of the Americans with Disabilities Act.
6.1.11 Provide site plan detailing parking, landscaping,
trash enclosures, etc" for review to ensure zoning
compliance prior to applying for Certificate of
Occupancy,
6.1. 12Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
6. 1. 13Applicant shall provide calculation of asphalt area
with future site plans, A minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of
asphalt are required per Ordinance.
6.1.14As Meridian Road is an entryway corridor,
Applicant shall install and maintain a minimum 20-
foot-wide landscape strip beyond required right-of-
way adjacent to Meridian Road.
DEVELOPMENT AGREEMENT - 5
6.1. 15Applicant shall coordinate locations and
construction requirements of trash enclosure with
Sanitary Services, Inc" and provide a letter of
approval from their office prior to applying for
occupancy,
6.1, 16Applicant shall provide letter of approval from Ada
County Highway District with submittal of site plan
prior to issuance of Certificate of Zoning
Compliance.
6.1.17 Applicant shall provide handicapped accessible
parking spaces and associated signage in accordance
with the Americans with Disabilities Act. All
building and parking lot construction needs to meet
the requirements of the Americans with Disabilities
Act,
6,1.18All Uniform Codes need to be met.
6,1.19 Five Mile Creek is adjacent to the easterly boundary
of the property, This area is designated as a multiple
use pathway in the Meridian Comprehensive Plan.
Fish, wildlife and vegetation species and habitat
should be protected and maintained, provided it is
in the best interests of the City of Meridian.
Consideration shall be made for the land uses in
these areas to minimize the risk of pollution and to
preserve the natural beauty of Five Mile Creek.
6.1.20 Signage should be limited to one low-profile
monument type sign, Detailed signage plans will be
subject to design review.
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 "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) 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.
DEVELOPMENT AGREEMENT - 6
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Developer" 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.
10.
DEFAULT:
10.1 In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
DEVELOPMENT AGREEMENT - 7
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
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 "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
13,1 In the event of a material breach ofthis Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time 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,
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
DEVELOPMENT AGREEMENT - 8
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 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and 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".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
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:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Matthew and Danita Hartz
1990 N. Meridian Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E, Idaho Ave.
Meridian, ID 83642
DEVELOPMENT AGREEMENT - 9
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.
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 of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
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 "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
DEVELOPMENT AGREEMENT - 10
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
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,
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 - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
'gre=ffit IDd Mad, ;t ,ffective ~ h~:b;;~tJ- tb5
MATTHEW C. HARTZ,
Attest:
JI~ß&_4Q
CITY CLERIC !57 7 ~ .....
BY RESOLUTION NO. 24-4--
ey/Z:\Work\M\Meridian 153601vN-!artz CUPIDevelopAgr
DEVELOPMENT AGREEMENT - 12
Byb~ G.~
DANITA G. HARTZ,
CITY OF MERIDIAN
STATE OF IDAHO
:ss
COUNTY OF ADA
~ 'ì ¡hi,L dAy of . m ,¡" y= 1999. befo«
me, I, nIl> a Nota Pu ic, personally appeared MATTHEW C.
HART d DANITA G. HARTZ, husband and WIfe, known or Identified to me
to be the persons who executed the instrument and acknowledge to me having
executed the same.
On
(SEAL)
STATE OF IDAHO
:ss
County of Ad~n this ,:,Jd day of ~{~1 ' in the year tflj,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Oerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT - 13
EXHIBIT "A"
Legal Description Of Property
A tract of land in Lot 6 of J .E. Pfost's Subdivision in Lot 6 of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the West quarter section corner of Section 6, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho; thence
South along the section line 1323.98 feet to a railroad spike marking the
Southwest corner of Lot 6 of said Section 6; thence
North 89 degrees 18' East 30.00 feet to the Southwest corner of Lot 6 of J.E.
Pfost's Subdivision according to the official plat thereofon file in the Ada
County Recorder's Office, Boise, Idaho, the real point of beginning; thence
North 89 degrees 18' East along the South boundary line of said subdivision
170.00 feet to a point in 5-Mile Creek; thence
North along 5-Mile Creek, 85.00 feet to a point; thence
South 89 degrees 18' West 45.35 feet to a steel pin; thence
South 25.00 feet to a steel pin; thence
South 89 degrees 18' West 10,00 feet to a steel pin; thence
North 25.00 feet to a steel pin; thence
South 89 degrees 18' West 114.65 feet to a steel pin on the West line of said
Lot 6; thence
South 85.00 feet to the real point of beginning.
EXHIBIT "A" TO DEVELOPMENT AGREEMENT - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 15
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY .323 ACRES
FOR PROPOSED MUSIC
RETAIL STORE AND
INSTRUCTION FACILITY
Case No: RZ-99-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONING
The above entitled matter on the rezoning application of .323 acres
having come on for public hearing on June 15, 1999, at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and the Applicant, Matthew Hartz, having appeared, and both parties
agreed with the Recommendations of the Planning and Zoning Commission, and no
one appeared in opposition to the request, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 1
June 15, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred (300') feet of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 15, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E
and 11-2-417 A, Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately .323 acres in size. The property is
generally located at 1990 N. Meridian Road, in Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANlTA HARTZ - 2
5.
The owners of record of the subject property are Matthew and
Danita Hartz, Meridian, Idaho.
6.
7,
The Applicants are the owners of record.
The property is presently zoned as Medium High Density
Residential (R-15), and is being occupied as a residence.
8.
(L-O).
9.
The Applicant requests the property be rezoned to Limited Office
The proposed site is surrounded by the James Court apartment
complex to the north and east and an empty lot, zoned Limited Office (L-O) to the
west that is unoccupied, and property advertising the Evans Appaloosa Ranch to the
south. The site is located near the corner of Meridian Road and Ustick Road.
10.
Meridian.
11.
The subject property is within the city limits of the City of
The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the
following manner: to establish and operate a music instruction and small music retail
facility.
13.
The Applicant's requested rezoning of the subject real property as
Limited Office (L-O) is consistent with the commercial desig\ìation on the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 3
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban.
14.
The subject rezoning request designation and proposed
development relates to the goals and policies of the Comprehensive Plan of the City
as follows:
14.1 The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
14.1.1
14.1.2
14.1.3
14.1.4
14.1.5
To preserve Meridian's environmental quality and
to make provisions for and improve the total natural
environment by adopting City-wide and Urban
Service Planning Area policies, which deal with area-
specific policies and programs.
To ensure that growth and development occur in an
orderly fashion in accordance 'with adopted policies
and procedures governing the use of land, residential
development the provision of services and the
distribution of new housing units within the Urban
Service Planning Area.
To encourage the kind of economic growth and
development which supplies employment and
economic self-sufficiency for existing and future
residents, reduces the present reliance on Boise and
strengthens the City's ability to finance and
implement public improvements, services and its
open space character.
To preserve and improve the character and quality
of Meridian's man-made environment while
maintaining its identity as aself-sufficient
community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 4
the citizens of Meridian and to ensure that these
facilities are available to all residents of the City.
14.1.6
To provide community services to fit existing and
projected needs.
14.1.7
To establish compatible and efficient use of land
through the use of innovative and functional site
design.
14.1.8
To encourage a balance of land use patterns to
ensure that revenues pay for services.
14.1. 9
To create an Urban Service Planning Area which is
visually attractive, efficiently managed and clearly
identifiable.
14.2 Forecast Needs are set forth at page 16 and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses 'will
be required in the community, Community actions other than
land use will also be required to meet the employment needs of
the City.
14.3 Commercial Activity Centers are set forth at page 17 and states:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
14.4 The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 5
2.2U Encourage and support job markecexpansion that provides
for mid-and upper-range wage scale and benefits.
14.5 Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goal1.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
14.6 Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
14.7 Under Community Design at page 71 it states:
14.7.1
Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1.
Policies
1.1
All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2
Neighborhood areas should be identified for future
planning purposes to assure that development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANlTA HARTZ - 6
strengthen the community feeling of quality.
14.7 .2
Special Community Design Areas Goal Statement:
2.1 U Require businesses and government to install and
maintain landscaping.
14.7.3
Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
15.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Meridian Fire Department's Recommendations as follows:
15.1 Applicants shall upgrade the building to satisfy all code
requirements, both Fire and Electric.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
15.2 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
15.3 Any existing domestic wells and/or septic systems within this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 7
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
15.4 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
15.5 Paving and striping shall be in accordance vvith the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
15.6 A drainage plan designed by a State of Idaho 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. All site
drainage shall be contained and disposed of on-site.
15.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
15.8 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
15.9 Applicants shall provide five-foot-wide sidewalks in accordance
with City Ordinance Section 11-9-606.B.
15.10 All construction shall conform to the requirements of the
Americans with Disabilities Act.
15.11 Provide site plan detailing parking, landscaping, trash enclosures,
etc., for review to ensure zoning compliance prior to applying for
Certificate of Occupancy.
15.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian.
15.13 Applicant shall provide calculation of asphalt area with future site
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DAN ITA HARTZ - 8
plans. A minimum of one (1) three-inch (3") caliper tree per
1,500 square feet of asphalt are required per Ordinance.
15.14 As Meridian Road is an entryway corridor, Applicant shall install
and maintain a minimum 20-foot-wide landscape strip beyond
required right-of-way adjacent to Meridian Road.
15.15 Applicant shall coordinate locations and construction
requirements of trash enclosure with Sanitary Services, Inc., and
provide a letter of approval from their office prior to applying for
occupancy.
15.16 Applicant shall provide letter of approval from Ada County
Highway District 'with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
15.17 Applicant shall provide handicapped accessible parking spaces
and associated signage in accordance with the Americans with
Disabilities Act. All building and parking lot construction needs
to meet the requirements of the Americans with Disabilities Act.
15.18 If rezoned to L-O, use of the property forresidential use will no
longer be a conforming use. Prior to use of the property for office
use, residential use will need to be discontinued or a conditional
use permit will need to be applied for and granted by the
Meridian City Council. Use of the building exclusively as a retail
or commercial site is not permitted within the L-O zone.
15.19 All Uniform Codes need to be met.
15.20 Five Mile Creek is adjacent to the easterly boundary of the
property. This area is designated as a multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
shall be made for the land uses in these areas to minimize the risk
of pollution and to preserve the natural beauty of Five Mile
Creek.
15.21 Signage should be limited to one low-profile monument type sign.
Detailed signage plans will be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 9
16.
There are no significant or scenic features of major importance
that affect the consideration of this application.
17.
The proposed development will serve existing and growing needs
and will provide services to surrounding institutional, commercial and residential
development.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
2.
The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", codified at
Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of
Meridian adopted December 21,1993, Ord. No. 629, January 4,1994.
3.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
3.1
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
3.1.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DAN ITA HARTZ - 10
3.1.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
3.1.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
3.1.4 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
3.1.5 To encourage cultural, educational and recreational
facilities which 'Nill fill the needs and preferences of the
citizens of Meridian and to ensure that these facilities are
available to all residents of the City.
3.1.6 To provide community services to fit existing and projected
needs.
3.1. 7 To establish compatible and efficient use ofland through
the use of innovative and functional site design.
3.1.8 To encourage a balance ofland use patterns to ensure that
revenues pay for services.
3.1.9 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and dearly identifiable.
3.2
Forecast Needs. are set forth at page 16and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses '.vill
be required in the community. Community actions other than
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 11
land use will also be required to meet the employment needs of
the City.
3.3
Commercial Activity Centers are set forth at page] 7 and states:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercia] Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
3.4
The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
2.2U Encourage and support job market expansion that provides
for mid-and upper-range wage scale and benefits.
3.5
Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goal1.5U states at page 23:
1.5U Encourage a balance ofland uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
3.6
Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 12
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
3.7
Under Community Design at page 71 it states:
3.7.1 Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1.
Policies
1.1
All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2
Neighborhood areas should be identified for future
planning purposes to assure that development will
strengthen the community feeling of quality.
3.7.2 Special Community Design Areas Goal Statement:
2.1 U Require busineSses and government to install and
maintain landscaping.
3.7.3 Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
4.
The requested zoning of Limited Office, (L-O) is defined in the
Zoning Ordinance at 11-2-408B(7) as follows:
IL-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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 13
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 non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of Meridian is a
requirement in this district.
5.
That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, B, Commercial, lists commercial uses allowed in the various zoning
districts of the City which provides that public and quasi public uses are permitted
uses in the (L-O) Limited Office District zone.
6.
That Idaho Code § 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
7.
§ 11-2-407 A ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1
Where district boundaries are indicated as approximately
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANlTA HARTZ. 14
7.2
7.3
7.4
8.
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO
ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
8.1
8.2
8.3
Will the new zoning be harmonious with and in accordance with
the Comprehensive Plan and, if not, has there been an
application for a Comprehensive Plan amendment;
Is the area included in the zoning amendment intended to be
rezoned in the future;
Is the area included in the zoning amendment intended to be
developed in the fashion that would be allowed under the new
zoning - for example, a residential area turning into commercial
area by means of conditional use permits;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 15
8.4
8.5
8.6
8.7
8.8
8.9
Has there been a change in the area or adjacent areas which may
dictate that the area should be rezoned. For example, have the
streets been widened, new railroad access been developed or
planned or adjacent area being developed in a fashion similar to
the proposed rezone area;
Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
Will the proposed uses not be hazardous or disturbing to existing
or future neighboring uses;
Will the arèa be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able for the establishment of proposed
zoning amendment shall be able to provide adequately any of
such services;
Will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
Will the proposed uses not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
8.10 Will the area have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
8.11 Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
8.12 Is the proposed zoning amendment in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DAN ITA HARTZ - 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1.
That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the redesignation of the zoning for the
real Property included in the application to (L-O) Limited Office District.
2.
The Meridian City Council hereby approves the rezoning as
requested by the Applicant for the property described in the application subject to
the following:
2.1
2.2
2.3
2.4
2.5
Applicants shall upgrade the building to satisfy all code
requirements, both Fire and Electric.
Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 17
2.6
2.7
2.8
2.9
forth in Sections 11-2-414.0.4 and 11-2-414.D.5 of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho 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. All site
drainage shall be contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
Applicants shall provide five-foot-wide sidewalks in accordance
with City Ordinance Section 11-9-606.B.
2.10 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.11 Provide site plan detailing parking, landscaping, trash enclosures,
etc., for review to ensure zoning compliance prior to applying for
Certificate of Occupancy.
2.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian.
2.13 Applicant shall provide calculation of asphalt area with future site
plans. A minimum of one (l) three-inch (3") caliper tree per
1,500 square feet of asphalt are required per Ordinance.
2.14 As Meridian Road is an entryway corridor, Applicant shall install
and maintain a minimum 20-foot-wide landscape strip beyond
required right-of-way adjacent to Meridian Road.
2.15 Applicant shall coordinate locations and construction
requirements of trash enclosure with Sanitary Services, Inc., and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 18
provide a letter of approval from their office prior to applying for
occupancy.
2.16 Applicant shall provide letter of approval from Ada County
Highway District with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
2.17 Applicant shall provide handicapped accessible parking spaces
and associated signage in accordance with the Americans with
Disabilities Act. All building and parking lot construction needs
to meet the requirements of the Americans with Disabilities Act.
2.18 If rezoned to L-O, use of the property for residential use will no
longer be a conforming use. Prior to use of the property for office
use, residential use will need to be discontinued or a conditional
use permit will need to be applied for and granted by the
Meridian City Council. Use of the building exclusively as a retail
or commercial site is not permitted within the L-O zone.
2.19 All Uniform Codes need to be met.
2.20 Five Mile Creek is adjacent to the easterly boundary of the
property. This area is designated as a multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
shall be made for the land uses in these areas to minimize the risk
of pollution and to preserve the natural beauty of Five Mile
Creek.
2.21 Signage should be limited to one low-profile monument type sign.
Detailed signage plans will be subject to design review.
3.
That the City Attorney is directed to prepare a Development
Agreement with the subject conditions of rezone as set forth in Part 2 of this Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROV Ai OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 19
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning may, within twenty-eight (28) days after the date
of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on
~/q
a
f/^ ,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED -r=
VOTED~
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
VOTED ~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: 7- {; - qc¡
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 20
MOTION:
APPROVED~
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By ß dL: Þ-/l:;-' ~
è:ity Clerk
Dated:
'7 ~6 -tiC¡
msgiZ:\Work\M\1'vleridian I 5360MIHartz CUP\RZffcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 21