Elliott Industrial Park AZ 00-013
PARTIES: 1.
2.
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DEVELOPMENT AGREEMENT
City of Meridian
Elliott Group, L.L.c., Developer.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this :301:1. day of ¿?c/r;6.e+- ,2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and ELLIOTT GROUP, L.L.c., hereinafter called
"DEVELOPER", whose address is 2065 E. Fairview Ave., Meridian Idaho
83642.
1.
RECITALS:
1.2
1.3
1.4
l.l
WHEREAS, "Owner" is the sole owner, in law ancl/or
equity, of certain tract of land in the County of Ada, State
ofIdaho, 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, r.c. §67 -6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner/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 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation ancl/or fe-zoning of land; and
WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Light Industrial !I-L), (Meridian City Code §§ 11-7-2 C);
and
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 1
1.5
1.6
1.7
1.8
1.9
WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
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/1-!f;day of M/J.€r- ,2000,
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, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and 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 "Owner/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
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 2
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
ofthe City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, 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 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 Elliott Group,
L.L.c., whose address is 2065 E. Fairview Ave., Meridian,
Idaho 83642, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) ofthe
"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.
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 3
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 N which
are herein specified as follows:
(I-1) Light Industrial District: The purpose of the (I-L)
Light Industrial District is to provide for light industrial
development and opportunities for employment of
Meridian citizens and area residents and reduce the need
to commute to neighboring cities; to encourage the
development of manufacturing and wholesale
establishments which are clean, quiet and free of hazardous
or objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost entirely
within enclosed structures; to delineate areas best suited
for industrial development because of location,
topography, existing facilities and relationship to other
land uses. This district must also be in such proximity to
insure connection to the Municipal Water and Sewer
systems of the City of Meridian. Uses incompatible with
light industry are not permitted, and strip development is
prohibited.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5,A
"Developer"/"Owner" shall enter into a Development Agreement,
that provides in the event the conditions therein are not met by
the Developer that the property shall be subject to de-annexation,
with the City of Meridian which provides for the following
conditions of development to-wit:
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 4
5.1
5.2
5.3
5.4
5.5
5.6
In accordance with Comprehensive Plan policy 4.1, page
56, of the Transportation Chapter, a condition of
Annexation and the Development Agreement shall be to
construct a multiple use pathway along the Jad:son drain
on the southern boundary of the subject property. That
the pathway along Jaclçson Drain be addressed in the
Conditional Use Permit process for Lot 2.
In accordance with Comprehensive Plan policy 5.16U, pg.
28 of the Land Use chapter, a condition of annexation and
the Development Agreement shall be to submit a
Conditional Use Permit application for any future use and
development of Lot 2 as designated in the proposed
Preliminary Plat (even those uses permitted under the I-L
zone). That Lot 2 shall be part of a separate Conditional
Use Permit.
Applicant shall be required to enter into a Development
Agreement with the City as a condition of annexation.
Any existing irrigation/drainage ditches crossing the
property to be included in this project, except the Jackson
Drain, shall be tiled per City Ordinance. Plans shall be
approved by the appropriate irrigation/drainage district,
with written confirmation of said approval submitted to
the Public WorJçs Department. No variances have been
requested for tiling of any ditches crossing this project.
Any existing domestic wells ancl/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with City
of Meridian Zoning and Development Ordinance (Ord. 11-
13).
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 5
5.7
5.8
5.9
Paving and striping shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance (Ord. 11-13-4) 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 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 11-13-4.c. and
12-5-2.M.
5.10 All signage shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance
(Ord. 11-14). No temporary signage, flags, banners or
flashing signs shall be permitted.
5.II Provide five-foot-wide sidewalJçs in accordance with City
Ordinance (Ord. 12-5-2.K).
5.12 All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
5.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from
the centerline of Wilson Lane 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.
5.14 Construct curb, gutter, and 5-foot sidewalk and match
paving on Wilson Street abutting the site. Improvements
shall be constructed to one-half plus 12-feet of a 40-foot
street section,
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 6
5.15 Construct an ACHD approved temporary turnaround at
the end of Wilson Lane. Submit a design of the
turnaround for review and approval by District staff.
-~
5.16 ,.Þrovide a recorded cross access easement for the parcels to
the south to use this parcel for access to the public streets
prior to issuance of a building permit (or other required
permits). -
5.17 Utility street cuts in pavement less than five years old are
not allowed unless approved in writing by the District.
5.18 Construct a curb cut driveway at the west property line as
proposed.
5.19 Graveled driveways abutting public streets create
maintenance problems due to gravel being tracked onto the
roadway. The District requires driveways be paved to their
full-required width of 24 to 30-feet at least 30-feet beyond
the edge of pavement of Wilson Lane.
5.20 Other than the access point(s) specifically approved with
this application, direct lot or parcel access to Wilson Lane
is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Additional action of the City Council from their September 19, 2000
meeting are as follows:
5.21 The Jackson Drain is significant and shall be protected.
5.22 If the City's pathway plan shows a pathway on the north
side, then the developer shall construct a pathway along
the easement.
5.23 The following, which would be offensive in the I-L zone,
shall be prohibited as follows:
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 7
a. Dry cleaning establishment.
b. Truck stop.
e. Asphalt and concrete business.
d. Junl( yard.
e. Fuel yard.
f. Lumber yard.
g. Mobile Home manufacturer
h. Recycling plant.
i. Solid Waste transfer.
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 "Developer"/"Owner" or
"Developer"'s!"Owner's" heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
r.c. § 67-6509, or any subsequent amendments or recodifications thereof.
7.
CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION: "Developer"/"Owner" consents upon default to the
de-annexation ancl/or a reversal of the zoning designation of the
"Property" subject to and conditioned upon the following conditions
precedent to-wit:
7.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Developer"/"Owner" and if the
"Developer"/"Owner" fails to cure such failure within six (6)
months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 8
9.
DEFAULT:
9.1
9.2
In the event "Developer"/"Owner", "Developer"'s!"Owner's"
heirs, successors, assigns, or subsequent owners of the "Property"
or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City" upon
compliance with the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Developer"/"Owner" 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. 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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as
specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer"/"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.
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 9
12.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy
provided for herein; provided, however, that in the case of any
such default which cannot with diligence be cured within such
thirty (30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) day period and thereafter
shall prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the
same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer"/"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 disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of
time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer"/"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 "Developer"/"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
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 10
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 ancl/orrequired 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
Elliot Group, L.L.C.
2065 E. Fairview Ave.
Meridian, Idaho 83642
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.
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
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 11
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 "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.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect any
of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"OwnerlDeveloper" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner!Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
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
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 12
ancl!or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
ELLIOTT GROUP, L.L.c.. DEVELOPER
BY~~
Member -
Attest:
CITY OF MERIDIAN
2.
~'P~ 9-
City Clerk' .'
BY RESOLUTION NO.~
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 14
STATE OF IDAHO
:ss
COUNTY OF ADA
On this JQ day of Oc ,;--, , in the year 2000, before me,
~Nifu...J1:7.Qp.!~-,r- a Notary Public, personally appeared
?!];Ú~¡¿ ElI,'a.",... and--
known or identified to me to be the Members of Elliott Group, L.L.c., who
executed the instrument on behalf of said Limited Liability Corpora' d
acknowledged to me having executed the same.
(SEAL)
STATE OF IDAHO
:ss
County of Ada
On this
lb-rb
)
day of
Nov.el'Y\lotv
, in the year 2000, before
me, a Notary Public, personally appeared Robert D. Corrie 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 aclcnowledged to me that such City
executed the same.
......ü-.-.
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Commission expires: . tJ--1b-Ob
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 15
EXHIBIT A
Legal Description Of Property
A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section
8, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded in book 12 of
Plats at Page 665, records of Ada County, Idaho, more particularly described
as follows:
Commencing at the corner common to Sections 5, 6, 7 and the said Section 8,
from which the 1/4 corner common to said Sections 5 and 8 bears South
89°59'16" East, 2652.60 feet; thence South 89°59'16" East, 1284.09 feet;
thence South 00° 19' 14 West, 454.99 feet to the southeast corner of Econo
Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954,
records of Ada County, Idaho, said point being the REAL POINT OF
BEGINNING.
Thence South 89°59'19" East, 205.80 feet to a point on the West boundary of
Lot 6 of said Pleasant Valley Subdivision;
thence along said West boundary and said West boundary extended South
00°30'24" West, 21.03 feet;
thence continuing South 00°34'14" West, 1189.55 feet to a point on the South
boundary of said Lot 7
thence along said South boundary North 67"58'02" West, 195.96 feet thence
North 65"14'38" West, 21.31 feet;
thence departing said South boundary North 00°22'03" East, 1128.14 feet to
the Point of Beginning. Containing 5.47 acres more or less.
Also, this parcel is subject to all easements and rights-of-way of record or
implied.
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 16
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360MlEUio' Indus, Park Sub AZOl3PPOl5CUPO33IDevelovAI!r.wpd
DEVELOPMENT AGREEMENT (AZ-OO-O13) - 17
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CHUCK
ELLlOTffHE ELLIOT GROUP,
THE APPLICATION FOR
ANNEXATION AND ZONING
OF 5.4 ACRES FOR TWO NEW
INDUSTRIAL LOTS
DESIGNATED AS LOT 7 OF
PLEASANT VALLEY
SUBDIVISION, LOCATED ON
THE SOUTH SIDE OF WILSON
LANE, SOUTH OF FAIRVIEW
A VENUE AND EAST OF
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
ClC 09-19-00
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Case No. AZ-OO-O13
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
, The above entitled annexation and zoning application having come on for
public hearing on August 15,2000, and continued to September 5, 2000, and
continued again until September 19,2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-OI3)
of the Applicant was Shawn Nickel of Hubble Engineering, Inc., and no one appeared
in opposition, 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.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for August 15,2000, and continued to September 5,2000, and continued
again until September 19,2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') 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 August 15,
2000, and continued to September 5,2000, and continued again until September 19,
2000, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
evidence.
2.
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.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, 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 which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5.
The property is approximately 5.4 acres in size and is located on the
south side of Wilson Lane, south of Fairview Avenue and east of Locust Grove Road.
The property is designated as Lot 7 of Pleasant Valley Subdivision.
6.
The owner of record of the subject property is Tressie Snodgrass, of
Meridian, Idaho.
7.
Applicant is Elliott Group, LLC, of Meridian, Idaho.
8.
The property is presently zoned by Ada County as R-8, and consists of
pasture ground.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP- (AZ-00-013)
City limits.
9.
The Applicant requests the property be zoned as I-L Light Industrial. '
10.
The subject property is part of a large Ada County enclave bounded by
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
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.
13.
The Applicant proposes to develop the subject property in the following
manner: two new industrial lots.
14.
The Applicant requests zoning of the subject real property as Light
Industrial I-L which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Mixed Planned Use
Development.
15.
The Jackson Drain is a significant feature of major importance and it
should be protected.
16.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-OI3)
imposed:
Adopt the Recommendation of Planning and Zoning Staff as follows:
16.1 In accordance with Comprehensive Plan policy 4.1, page 56, of the
Transportation Chapter, a condition of Annexation and the
Development Agreement shall be to construct a multiple use pathway
along the JacJçson drain on the southern boundary of the subject
property. That the pathway along Jackson Drain be addressed in the
Conditional Use Permit process for Lot 2.
16.2 In accordance with Comprehensive Plan policy 5 .16U, pg. 28 ofthe
Land Use chapter, a condition of annexation and the Development
Agreement shall be to submit a Conditional Use Permit application for
any future use and development of Lot 2 as designated in the proposed
Preliminary Plat (even those uses permitted under the I-L zone). That
Lot 2 shall be part of a separate Conditional Use Permit.
16.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
16.4 Any existing irrigation/drainage ditches except the Jac1cson Drain
crossing the property to be included in this project shall be tiled per
City Ordinance. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of said approval
submitted to the Public WorJçs Department. No variances have been
requested for tiling of any ditches crossing this project.
16.5 Any existing domestic wells ancl/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.6 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 1I-l3).
16.7 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (Ord. 11-
13-4) and in accordance with Americans with Disabilities Act (ADA)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY CHUCK ELlIOT/
THE ELLIOT GROUP- (AZ-OO-013)
requirements.
16.8 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
16.9 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 11-13-4.c. and 12-5-2.M.
16.10 AIl signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs shall be permitted.
16.11 Provide five-foot-wide sidewalJçs in accordance with City Ordinance
COrd. 12-5-2.K).
16.12 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
16.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the
centerline of Wilson Lane 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.
16.14 Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feet of a 40-foot street section.
16.15 Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approval by District staff. .
16.16 Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER 'GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
building pem1it (or other required permits).
16.17 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
16.18 Construct a curb cut driveway at the west property line as proposed.
16.19 Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30-feet at least
3D-feet beyond the edge of pavement of Wilson Lane.
16.20 Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
Additional action of the City Council from their September 19, 2000 meeting
are as follows:
16.21 The Jackson Drain is significant and shall be protected.
16.22 If the City's pathway plan shows a pathway on the north side, then the
developer shall construct a pathway along the easement.
16.23 The following, which would be offensive in the I-L zone, shall be
prohibited as follows:
17.
a.
b.
c.
d.
Dry cleaning establishment.
Truck stop.
Asphalt and concrete business.
Junk yard.
Fuel yard.
Lumber yard.
Mobile Home manufacturer
Recycling plant.
Solid Waste transfer.
e.
f.
g.
h.
i.
It is found that if the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
and complies with the conditions set forth in these Findings of Fact No. 16, and aU
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18.
It is found mat the zoning of the subject real propeny as Light
Industrial District (I-L) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed/Planned
Use Development.
19.
The subject annexation request and zoning designation and proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
development relates and is compatible to the goals and policies of the Comprehensíve
Plan of the City as follows:
19.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter. '
19.3 The application is consistent with Meridian's self identity.
19.4 The preservation and improvement of me character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to me
subject application.
19.5 Compliance with .the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying me criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20.
The property can be physically serviced with City water and sewer, if
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-013)
applicant extends the lines.
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 òtyimpact 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 Servic~ Planning Area as set
forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of goverrunent ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
.4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4,A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-O13)
4.4
4.5
4.6
4.7
4.8
4.9
programs.
4.2
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.
4.3
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.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultUral educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use ofland through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services. .
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-OI3)
4.B
Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals:
Goal 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.
Goal 8:
To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
I.l
The City of Meridian shall make every effort to create a positive atmosphere
that encourages. . . commercial enterprises to locate in Meridian.
1.3
The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
1.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
3.4 - Industrial uses adjacent to residential areas should not create noise, odor, air
pollution, and visual pollution greater than levels normally associated with
surrounding residential activities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION ANDZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-013)
3.5
Industrial development should be encouraged to located adjacent to existing
industrial uses.
3.7
Industrial uses which require the storage or the production of explosive or
hazardous materials should not be located near residential areas, and should
conform to disposal, spill and storage measures as outlined by the U.S. EPA
5.16U - All development requests (in this M/PUD area) will be subject to
development review and conditional use permit processing to ensure
neighborhood compatibility.
5 .17U - A variety of coordinated, planned and compatible land uses are desirable for
this area, including. . .light industrial land uses.
5.18U - Existing residential properties will be protected from incompatible land-use
development in this area. Screening and buffers will be incorporated into all
development requests for this area.
Natural Resource & Hazardous Areas
2.1 U - Development along the major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
3.1 U - Manage and prevent unsuitable uses along drainageways and protect the flood
. plain of creeks and drains.
3.2U - Protect the potential beauty and recreational trail opportunities of all
Meridian waterways.
Open Spaces, Parks and Recreation
2.5U - New subdivision development. . . will be considered as opportunities to. . .
encourage the development of recreational open spaces and parJçs as part of new
planned developments.
3.1 - To establish a network of open space corridors that are either improved
(landscaped), semi-improved (landscaped pathway only), or unimproved (left normal),
which have the potential to: a) Playa major role in conserving area scenic and natural
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-OO-OI3)
values, especially waterways, drainageways, and natUrai habitat; b) Link residential
neighborhoods, park areas and recreation facilities.
3.4U - Through subdivision review, annexation, and zoning, emphasize the
establishment of connecting trails and open space networks.
5.
The zoning of Light Industrial District (I-L) is defined in the
Zoning Ordinance at § 11-7-2 N as follows:
(1.1) LÍI1:ht Industrial District: The purpose of the I-L Light Industrial
District is to provide for light industrial development and opportunities for
employment of Meridian citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the development of manufacturing
and wholesale establishments which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke or glare and that are
operated entirely or almost entirely within enclosed structures; to delineate
areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses. This District must also be
in such proximity to ensue connection to the Municipal water and sewer
systems of the City. Uses incompatible with light industry are not permitted,
and strip development is prohibited.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-O13)
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.
9.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or pennit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parceL Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment. .
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 5.4
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP- (AZ-00-O13)
acres to Light Industrial DistriCt (I-i) is granted subject to the tenns and conditions
of this Order hereinafter stated.
2.
The application is for annexation and zoning of 5.4 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall confonn 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 enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
3.1
3.2
3.3
In accordance with Comprehensive Plan policy 4.1, page 56, of the
Transportation Chapter, a condition of Annexation and the
Development Agreement shall be to construct a multiple use pathway
along the Jackson drain on the southern boundary of the subject
property. That the pathway along Jackson Drain be addressed in the
Conditional Use Permit process for Lot 2.
In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the
Land Use chapter, a condition of annexation and the Development
Agreement shall be to submit a Conditional Use Permit application for
any future use and development of Lot 2 as designated in the proposed
Preliminary Plat (even those uses permitted under the I-L zone). That
Lot 2 shall be part of a separate Conditional Use Permit.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
3.4
3.5
3.6
3.7
3.8
3.9
Any existing irrigation/drainage ditches except the Jackson Dràin
crossing the property to be included in this project shall be tiled per City
Ordinance. Plans shall be approved by the appropriate
irrigation/drainage district, 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 ancl/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (Ord. 11-
13-4) 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 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 ll-I3-4.c. and 12-5-2.M.
3.10 All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. II-l4). No
temporary signage, flags, banners or flashing signs shall be permitted.
3.11 Provide five-foot-wide sidewallcs in accordance with City Ordinance
(Ord. 12-5-2.K).
3.12 All construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY CHUCK ELLIOT/
THE ELLIOT GROUP- (AZ-00-013)
Adopt the Recommendations of the Ada County Highway District as follows:
3.13 Dedicate 29-feet of right-of-way (an additional 9-feet) from the
centerline of Wilson Lane 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 flTst.
3.14 Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feèt of a 40-foot street section.
3.15 Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approvai by District staff.
3.16 Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
building permit (or other required permits).
3.17 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
3.18 Construct a curb cut driveway at the west property line as proposed.
3.19 Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30-feet at least
30-feet beyond the edge of pavement of Wilson Lane.
3.20 Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
Additional action of the City Council from their September 19, 2000 meeting
are as. follows:
3.21 The Jackson Drain is significant and shall be protected.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
3.22 If the City's pathway plan shows a pathway on the north side, then the
developer shall construct a pathway along the easement.
3.23 The following, which would be offensive in the I-L zone, shall be
prohibited as follows:
a. Dry cleaning establishment.
b. Truck stop.
c. Asphalt and concrete business.
d. Junk yard.
e. Fuel yard.
f. Lumber yard.
g. Mobile Home manufacturer
h. Recycling plant.
i. Solid Waste transfer.
4.
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 (I-L) Light Industrial District, and
Meridian City Codé § 11-7-2 N.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engÌ11.eering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please taIœ 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 is a person who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY CHUCK ElliOT/
THE ELLIOT GROUP - (AZ-00-O13)
has an interest in real property which may be adversely affected by the issuance or .
denial of the annexation and zoning and who 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 the
I?-Æ
day of
tJ~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED-#-
COUNCILMAN KEITH BIRD
VOTED~
COUNCILMAN TAMMY deWEERD
VOTED ~
COUNCILMAN CHERIE McCANDLESS
VOTEDþ
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /0-/7-00
VOTED-
MOTION:
APPROVED:~ DISAPPROVED:
I -
Copy served upon Applicant, the Planning and Zoning Department, Public Worb
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
By, Jld4~ Þ ~ Q 0"""
City Oerk . '/~
/tl-17-,()O
msglZ:\ Work\M\Meridian I S360M\Elliot Indust Park Sub AZO 13 PPO I SCUPO33IAZFK:lsOrder. wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)