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Elliott Industrial Park AZ 00-013 PARTIES: 1. 2. AO~. g~y¡g.~~~~~8ER9;)~ 2002 HR II AI1 9: 36 ~ Ý\\ H : lUÃ4 ~ 4,A/ \1MG~ED" f([oUEST öl .' FEE~DEP~\')1~ 102028600 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-.-. .~~y--~---ç~.. .~,:;'OT"4"', .. :4i/"'" .A " . (S~( *.. * )!:~ . \ ' . . , ' . . cJ\\ ~JC / : ...~1if---'>~.. ..-.~æ... ~~ ", Notary Pu .~ 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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)