Franklin Mini Storage AZ 01-011
PARTIES: 1.
2.
ADA COUNT... Y .RECOROER~
J. \:IAYID NAVARRO
BOISE. :D!\HO
200211Y 16 AMII:22
RECOROEO-R~Q~f .. '.....
FEE.EP~ ~
102056127
MEHIDJAI"¡ CITY
DEVELOPMENT AGREEMENT
City of Meridian
Osborne Enterprises, LLC., an Idaho limited liability
company, Owner/Developer
THIS DEVELOPMENT AGREEME~T (this "Agreement"), is
made and entered into this f!(SJ; day of ~ ' :2t1tJ2, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereàfter called "CITY", and OSBORNE ENTERPRISES, LLc., an Idaho
limited liability company, hereinafter called "OWNER"/"DEVELOPER", whose
address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706.
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "Owner"/"Deve!oper" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
WHEREAS, I.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "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 and/or re-zoning of land; and
1.4
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
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 1
1.5
1.6
1.7
1.8
(C-G) General Retail And Service Commercial District,
(Municipal Code of the City of Meridian); and
WHEREAS, "Owner"/"Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the 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 IGIf: day of tJdfp6ek 2001,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the
"Owner"/"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9
"OWNER"/"DEVELOPER" deems it to be in its best
interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into a
. development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 2
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinances codified in Meridian City Code Title 11 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.
"OWNER"/"DEVELOPER": means and refers to Osborne
Enterprises, LL.c., an Idaho limited liability company,
whose address is 960 Broadway Avenue, Suite 505, Boise,
Idaho 83706, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property" .
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
DEVELOPMENT AGREEMENT-AZ-Ol-Oll - 3
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Section 11-7-2 (K) which
are herein specified as follows:
Construction and development of a mini-storage facility.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Owner"/"Developer" has submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional use
permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
"Owner"/"Developer" shall develop the "Property" in accordance
with the following special conditions:
6.1
Prior to annexation, the applicant shall provide documentation
that Ada County has approved a combination/split of the
properties to reflect the lots as proposed are legal lots. If such
documentation is not submitted, the applicant shall be required
to prepare a subdivision plat for recordation prior to obtaining
building permits. If annexed, all future uses shall be required to
be approved through the planned development process and as
conditional uses.
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 4
6.2
6.3
6.4
6.5
6.6
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous
to the parcel shall be tiled per City Ordinance 12-4-13. Plans
shall be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. The Five
Mile Drain is a natural waterway and will not be tiled.
Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
Two-hundred-fifty- and 1O0-watt, high-pressure sodium
streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at the
developer's expense. Typical locations are at street intersections
and/or fire hydrants.
Outside lighting shall be designed and placed so as not to directly
or indirectly illuminate any nearby residential areas or public
right-of-ways and shall be in accordance with City Ordinance
Sections 11-13-4.c. and 12-5-2.M.
Applicant shall comply with all of the General Requirements of
the Staff comments listed in their July 2, 2001 letter.
6.7
Dedicate 48 -feet of right-of-way from the centerline of Franklin
Road 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.
6.8
Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund
for the cost of constructing a 5-foot wide concrete sidewalk on
Franklin Road abutting the parcel (approximately 330-feet) prior
to issuance of a building permit, or District approval of a final
plat, whichever occurs first.
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 5
6.9
The proposed driveway located approximately 135-feet west of
the east property line is approved with this application, should
this site develop prior to driveway plans being submitted for the
Sparrowhawk Subdivision on the north side of Franklin Road.
Otherwise, the driveway shall align or offset a minimum of 1 85-
feet from any driveways within the Sparrowhawk Subdivision.
6.10 Pave the driveway its full width of 30 to 35-feet and at least 30-
feet into the site beyond the edge of pavement of Franklin Road
and install pavement tapers with IS-foot radii abutting the
existing roadway edge.
6.11 Only one driveway is approved with this application. Any existing
driveway(s) shall be closed using berming, landscaping, curbing,
or other method approved by the District.
6.12 Locate any proposed gated entry a minimum of 50-feet from the
new Franklin Road right-of-way. Coordinate the location of any
proposed gated entry with District staff.
6.13 Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
6.14 Any existing irrigation facilities shall be relocated outside of the
right-of-way.
6.15 Other than the access point specifically approved with this
application (as noted on the submitted site plan), direct lot or
parcel access to Franklin Road is prohibited.
6.16 Applicant shall additionally comply with all the Standard
Requirements listed in the ACHD's letter dated June 22 ,2001.
6.17 If a pressure urban irrigation system is planned that shall be
owned, operated and maintained by the Irrigation District, then
Applicant shall coordinate with the District concerning the
installation of the pressure system, and also fill out and return a
questionnaire of the pressure urban irrigation system.
DEVELOPMENT AGREEMENT-AZ-Ol-Oll- 6
6.18 Use of a portion of the property as a non-conforming use may
continue. However, there shall be no more than four adult horses
and one colt allowed to pasture as a non-conforming use.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner"/"Developer" or
"Owner's"/"Developer"'s heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.c. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consents upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner"/"Developer" and if
the "Owner"/"Developer" fails to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner"/"Developer" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/"Developer",- Owner"/"Developer"'s
heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 7
"Property", fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or
terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner"/"Developer"
of anyone or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or apply
to any subsequent breach of any such or other covenants
and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "OwnerJ"Developer's" cost, and submit proof of such recording to
Owner"/"Developer", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner"/"Developer", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner"/"Developer" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
DEVELOPMENT AGREEMENT-AZ-Ol-Oll- 8
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner"/"Developer" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Owner"/"Developer" agrees to
provide, if required by the "City".
15.. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Owner"/"Developer" have entered into an
addendum agreement stating when the improvements will be completed in a
phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Owner"/"Developer" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of
DEVELOPMENT AGREEMENT-AZ-Ol-Oll - 9
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Osborne Enterprises, LLc., an Idaho
limited liability company
960 Broadway Avenue, Suite 505
Boise, Idaho 83706
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT - AZ-0l-011 - 10
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner"/"Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner"/"Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner"/"Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner"/"Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
DEVELOPMENT AGREEMENT - AZ-01-011 - 11
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - AZ-0l-0l1 - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OSBORNE ENTERPRISES, 1.1.c.,
an Idaho limited liability company
By:j(j -f.~
Ronald 1. Osborne, Member
DEVELOPMENT AGREEMENT-AZ-01-Oll- 13
STATE OF IDAHO
:ss
COUNTY OF ADA
On this...<?/si day of ,in the year 2002, before
me, r,L;:f.fJlf"" t I a Nota Public, personally appeared Ronald 1.
Osborne, member, of Osborne Enterprises, 1.1.c., an Idaho limited liability
company, known or identified. to me to be the person who executed the
instrument, and acknowledged to me that he did execute the foregoing instrument
on behalf of said limited liability company.
(S
STATE OF IDAHO
:ss
County of Ada
On this 1 ~ day of '1rZ~ ' in the year 2002,
before me, a Notary Public, personally appeared ~ ert D. Come and WIlham
G. Berg, know or identified to me to be the Mayor and Oerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
....Q.N_~:t.:..
..~ 'fA ;:;~y.x
.~,~o -~¡;."..;'.
:"": 'Y \""~
: ¡ 1 :
. I , .
. , I .
. ' I .
.. .J.',,!."am.,\C,'Ã)...
..~.).;:,--_.~~..
... '" OF 1><..
......'
Z:\Work\M\MeridianlMeridian 15360M\Franklin Mini Storage AZOI-Oll CUPOI.O24\DevelopAgcleanr.doc
~h M'Yl srvu- Ytu
Notary Public for Idaho
Commission expires: OJ! -) ~-fJ5'
DEVELOPMENT AGREEMENT - AZ-OI-011 - 14
EXHIBIT A
Legal Description Of Property
A parcel of land located in the E. 1/2, E. V2, Northwest 1/4, Section 17,
Township 3 North, Range 1 East, Boise, Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the Northwest comer Section 17, T. 3N., R. lE.,
B.M., Idaho, thence N. 89°32'15" E along the north line of
Northwest V4 Section 17,992.28 feet to a point being the northwest
comer of E '12, E 1/2, NW 1/4 of said Section 17, the Real Point of
Beginning of this description
Thence S 00°02'16" E 40.00 feet to a point on the south right of
way of Franklin Road;
Thence continuing S 00°02' 16" E along the west line of the E V2 E
1/2 Northwest V4 said Section 17 1289.18 feet to a point on the
north line of Snorting Bull Subdivision, on record at the Ada
County Recorders Office in Book 81 of Plats, at Pages 8764 through
8772;
Thence N 89°30'50" E along said north line 330.99 feet to the
Southwest comer of said Greenhill Estates Subdivision, on record
at the Ada County Recorders Office in Book 35 of Plats, at Page
3000;
Thence N 00002'52" W along the west line of said Greenhill Estates
Subdivision 1289.05 feet to a point on the south right-of-way of
Franklin Road;
Thence continuing N 00°02'52" W 40.00 feet to the N 1/4 comer of
said Section 17;
Thence S 89°32'15" W 330.76 feet along the north line ofNW 1/4,
to the Point of Beginning of this description.
Said parcel contains 10.09 acres, more or less.
DEVELOPMENT AGREEMENT - AZ-Ol-Oll - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Ap¡Jroval
DEVELOPMENT AGREEMENT - AZ-01-Oll - 16
( .
/ '.
t.
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF RON
OSBORNE, THE APPLICATION
FOR ANNEXATION AND ZONING OF
9.79 ACRES FOR FRANKLIN MINI
STORAGE, LOCATED AT 1975 E.
FRANKLIN ROAD, MERIDIAN, IDAHO
ac 09-18-01
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-OI-01l
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 September 18, 2001, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, app~ared and testified, and appearing and
testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified
on behalf of the Applicant, and appearing with comments and/or concerns was Scott
Beecham, 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 AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 1
(. "
(" '.~
FINDINGS OF FACT
l.
The notice of public hearing on the application for anne..xation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for September 18, 200 I, 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 e.."{ternal 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 September
18,2001, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full' opportunity to express comments and
submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 2
i.
í";.
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 whiQ1 is the subject of the application for anne..xation 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 9.79 acres in size and is located at 19ï5
E. Franklin Road. The property is designated as Franklin Mini Storage.
6.
The owner of record of the subject property is Ron and Carla Osborne
of Meridian, Idaho.
7.
Applicant is Ron Osborne of Meridian, Idaho.
8.
The property is presently zoned by Ada County as RUT, and consists of
vacant land and 1 single family dwel!ing.
9.
The Applicant requests the property be zoned as CoG.
IO.
The subject property is bordered to the north by the proposed
Sparrowhawk Subdivision, zoned CoG, to the south by Woodbridge Subdivision,
zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-l, and a single-
family dwelling and agricultural land. zoned RUT, and city limits of the City of
Meridian are adjacent and abut to the north and south of the subject property.
11.
The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 3
I,: ;
\. .,
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: develop a mini-storage facility.
14.
The Applicant requests zoning of the subject real property as CoG which
is consistent \vith the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as MLxed Planned Use Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
The Gty Council recognizes the concerns of Derrick O'Neill on behalf
of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association,
Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and
Robin Paulson.
17.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBYRON OSBORNE/
FRANKLIN MINI STORAGE (AZ-O1-011)
Page 4
í'
Adopt tile Recommendations of the Planning and Zoning and Engineering staff
as follows:
I ï.l Applicant shall be required to enter into a Development Agreement with
the City as a condition of anne.xation. The Development Agreement
shall address, among other things, specific landscape! common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Co una!. Prior to annexation,
the applicant shall provide documentation that Ada County has
approved a combination/split of the propenies to reflect the lots as
proposed are legal lots. If such documentation is not submitted, the
applicant shall be required to prepare a subdivision plat for recordation
prior to obtaining building permitS. If anne.xed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
17.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users assoaation, with
written confirmation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
17.3 Any existing domestic wells and/or septic systems within this projeCt
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
17.4 Two-hundred-fifty- and 1 DO-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
17.5 Outside lighting shall be designed and placed so as not to directly or
indirecùy illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections 11-13-4.c. and
12-5-2.M.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 5
Î' ':
(-- ,>
1 i.6 Applicant shall comply with all of the General Requirements of the Staff
comments listed in their July 2, 2001 letter.
Adopt the Recommendations of the Ada County Highway District as follows:
I i.i Dedicate 43 .feet of right-of-way from the centerline of F"ranklin Road
abutting the parcel by means of recordation of a final subdivision plat or
e;'(ecution of a warranty deed prior to issuance of a building pennit (or
other required pennits), whichever occurs first.
1 i.8 Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot ,vide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
17.9 The proposed driveway located approximately 135.feet west of the east
property line is approved with this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Franklin Road. Otherwise, the
driveway shall align or offset a minimum of 185-feet from any
driveways within the Sparrowhawk Subdivision.
17.10 Pave the driveway its full width of 30 to 35-feet and at least 30-feet into
the site beyond the edge of pavement of Franklin Road and install
pavement tapers with 15-fo?t radii abutting the existing roadway edge.
17.11 Only one driveway is approved with this application. Any existing
driveway(s) shall be dosed using berming, landscaping, curbing, or other
method approved by the District.
17.12 Locate any proposed gated entry a minimum of 50-feet from the new
Franklin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff. .
17.13 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. '
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE/
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 6
17.14 Any e:dsting irrigation facilities shall be relocated outside of the right-of-
way.
1 i.15 Other than the access point specifically approved with this application
(as noted on the submitted site plan), direct lot or parcel access to
Franklin Road is prohibited.
1 i.16 Applicant shall additionally comply with all the Standard Requirements
listed in the ACHD's letter dated June 22,2001.
Adopt the Recommendations of the Nampa & Meridian Irrigation
DistriCt as follows:
17.17 If a pressure urban irrigation system is planned that shall be owned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
. system, and also ftll out and return a questionnaire of the pressure
urban irrigation system.
Additionally. the Applicant shall comply with the City Council's action
from their meeting held on Tuesday. September 18,2001, as follows:
17.18 Use of a portion of the property as a non-conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
allowed to pasture as a non-conforming use.
18.
It is found that if the develôper pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-pans, 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.
19.
It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-01I)
Page 7
::' ,
1-.' "
assure the proposed development is designed, cOnstructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
imended character of the general vicinity, in order to assure that the proposed use
\\ill not change the essential character of the affected vicinity and will insure that the
proposed uses \vill not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce e."(cessive traffic, noise, smoke, fumes, glare and odors.
20.
It is found that the zoning of the subject real property as General Retail
And Service Commercial District (C-G) 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.
21.
The subject anne.'<ation reqúest and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 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 ordinance of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 8
I,
i "
21.2 This proposed new growth development will tìnance public service
e:<pansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridial1 Urban Service Planning Area submitted in the record of this
matter.
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the 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 ordinance of the City to the subject
application.
21.5 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
dearly identifiable.
21.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22.
The property can be physicå1ly serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to anne:< real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 9
(:'
i '
anne.\: real property that is within the Meridian Urban Ser;;ce Planning Area as set
forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing wiÙlin the City and State.
3.
The City of Meridian has e.xercised 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:
4A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
4.3
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, whi,di deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing unitS within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O1-011)
Page 10
4.4
4.5
4.6
4.7
4.8
4.9
\.:
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 wttile 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 of land through
the use of innovative and functionai site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Plarlning Area which is visually
attractive, effiéiently managed and clearly identifiable.
4.B
Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fit existing and projected needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW .
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-Ol-OII)
Page 11
( .
(::,
Economic Development Chapter
1.2-- . . .set aside areas where commercial interest and activities are to dominate.
l.+-Positive programs should be undertaken to suPPOrt existing commercial areas to
ensure their continued vitaiity. . .
Land Use Chapter
4.3U-Encourage "new commercial development within under-utilized existing
commercial areas.
4.8U-Encourage commercial uses...to locate in the Old Town district, business parks,
shopping centers and near high-intensity activity areas, such as freeway interchanges.
Community Design Chapter
2.2U-Encourage area beautification through uniform sign design that enhances the
community.
4.4U-Encourage landscaped setbacks for new development.
5.
The zoning of General Retail And Service Commercial District (C-G) is
defined in the Zoning Ordinance at § I 1- 7 -2 K as follows:
(CoG) General Retail And Service Commercial District: The purpose of the
CoG District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a mixed
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-Ol-Oll)
Page 12
(-;
('
planned use development on this parcel of land.
ï.
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 of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the anne.xed land, if anne.xed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances 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 permit, 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
pennitted, 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 commiunent is
modified or terminated by the City Council, the commiunent 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 commiunent is binding
on subsequent owners and each other person acquiring.an interest in the propeny
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 13
( .'
,,'
i .
\'. "
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:
The applicant's request for anne.'l:ation and zoning of approximately
9.ï9 acres to General Retail and Service Commercial District (C-G) is granted subjeCt
to the tenns and conditions of this Order hereinafter stated.
2.
The application is for anne.xation and zoning of 9.79 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 anne.xation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Dev~lopment 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape! common area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 14
3.3
3.4
3.5
3.6
i..
(.'.',
requirements. phasing timeframes. any building height limitations,
signage, pathways, lighting and noise, hours of operation. and otl:ter
items as required by the Commission or Council. Prior to annexation.
the applicant shall provide documentation that Ada County has
approved a combinatiorv'split of the properties to reflect the lots as
proposed are legalloì:s. If such documentation is not submitted, the
applicant shail be required to prepare a subdivision plat for recordation
prior to obtaining building permits. If annexed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
3.2
All irrigation ditches, laterals or canals, f.xclusive of natural waterways,
intersecting. crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigatioIl/drainage district. or lateral users association, with
written confinnation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Two-hundred-fifty- and laO-watt, high-pressure sodium streetlightS shall
be required at locations designated by the Public Works Department.
All streetlights shall be instålled at the developer's expense. Typical
locations are at street intersections anci/or fire hydrants.
OutSide lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections Il-13-4.c. and
12-5-2.M.
Applicant shall comply with all of the General Requirements of the Staff
commentS listed in their July 2, 2001 letter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 15
(;'
( ;,
Adopt the Recommendations of the Ada County Highway District as follows:
3.ï
3.8
3.9
Dedicate 48 -feet of right-of-way from the centerline of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
e.xecution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330.feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
The proposed driveway located approximately 1 35-feet west of the east
property line is approved ~vith this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Fracldm Road. Otherwise, the
driveway shall align or offset a minimum of 1 85-feet from any
driveways within the Sparrowhawk Subdivision.
3.10 Pave the driveway itS full width of 30 to 35-feet and at least 30-feet into
the site beyond the edge of pavement of Franklin Road and install
pavement tapers with IS-foot radü abutting the existing roadway edge.
3.11 Only one driveway is approved with this application. Any existing
driveway(s) shall be closed using berming, landscaping, curbing. or other
method approved by the District.
3.12 Locate any proposed gated entry a minimum of 50-feet from the new
Franklin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff.
3.13 Utility street cutS in pavement less than five years old are not allowed
unless approved in writing by the District.
3.14 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
3.15 Other than the access point specifically approved with this application
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE /
FRANIQIN MINI STORAGE (AZ-Ol.0II)
Page 16
('<
'. '
(:".r
(as noted on the submitted site plan), direct lot or parcel access to
Franklin Road is prohibited.
3.16 Applicant shall additionally comply with all the Standard Requirements
listed in the ACHD's letter dated June 22 ,2001.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
3.1 ï If a pressure urban irrigation system is planned that shall be owned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
system, and also fill out and return a questionnaire of the pressure
urban irrigation system.
Additionally, the Applicant shall comply with the City Council's action
from their meeting held on Tuesday. September 18, 2001, as follows:
3.18 Use of a portion of the property as a non-conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
allowed to pasture as a non-conforming use.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoIÚng designation of the real property
which is the subject of the application to (C-G) General Retail And Service Commeråal
District, and Meridian City Code § 11-7-2 K
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the offiåal boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE/
FRANKLIN MINI STORAGE (AZ-OI-01I)
Page 17
(: .','
NOTICE OF FINAL ACTION
Please tal<enotice that this is a final action of the governing body of the City of
Meridian. Pl,lrsuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or derual of
the arme.'<3.tion and zorung 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 16 .,e~ day
of
& c;~ ~.
.2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED a6.fh.;t-
COUNCILMAN KEITH BIRD
VOTED $..~
COUNCILMAN TAMMY deWEERD
VOTED $p..--
COUNCILMAN CHERIE McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF IAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 18
(
("
wlAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /tl-/,6-¿)j .
VOTED-=-
MOTION:
APPROVE~ DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
B¿Æf J:ß<1' fl-
Dated:
- -
- -
., -
~ "4. , .¡;'r ii
%. ~~":"" ~ ',0 .J
"'", "'-'.' . 1::.' .¡!"f'.
Z;\ Workljl,lIMoridian\Meridian 15360M\Franldin Mini Storage AZO 1-0 11 CUPO l-o24\AZFfCIsOrde'*9.#~"'c.t':'., H . ~,..->'"
, . "":,..,-:",,;!I'.."
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-O11)
Page 19