John Goade
, QQO3Q30 ~
~¡~~ & .~ RECORDED-ftE.QU£ST of
~'_. 1.B~l.. EVELOP~'...... ..~N. .'~
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fmW0Z E,NTAG .." .' . Ajeement"), is made
and entered into~ day o~ . . , 1999, by and between
CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter
called "CITY", and JOHN GOADE, hereinafter called "DEVELOPER", whose
address is 5855 Becky Drive, Meridian, Idaho 83642,
1.
RECITALS:
l.l
1.2
1.3
1.4
1.5
WHEREAS, DEVELOPER is the sole owner, in law and/or
equity, of certain tract of land in'the County of Ada, State of
Idaho, described in Exhibit A, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein
after referred to as the "Property"; and
WHEREAS, I.C. §67-65IIA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or developer make a written commitment
concerning the use or development of the subject property; and
WHEREAS, CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-4170, which
authorizes development agreements upon the annexation and/or
re-zoning of land; and
WHEREAS, DEVELOPER has submitted an application for
annexation and zoning of the Property's described in Exhibit A,
and requested a designation of General Retail and Service
Commercial IC-G) and Limited Office District (L-O), 11-2-408
(B) (II) and 11-2-408 (B) (7) (Municipal Code of the City of
Meridian), and has submitted a site plan in connection with the
development of the property, which site plan is subject to
specified terms and conditions, has been recommended for
approval by the Meridian Planning & Zoning Commission to the
Meridian City Council; and
WHEREAS, DEVELOPER made representations at the public
hearings both before the Meridian Planning s,. Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
~
1.6
1.7
1.8
1.9
subject Property will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings request for 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 2nd day of March, 1999, has
approved certain Findings of Fact and Conclusions of Law of the
Planning and Zoning Commission and Decision and Order, set
forth in Exhibit B, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter referred to
as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
WHEREAS, 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 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 been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
PAGE
DEVELOPMENT AGREEMENT - JOHN GOADE
2
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
2.
3.
USES PERMITTED BY THIS AGREEMENT:
3,1
3.2
3,3
4,
The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance General Retail and
Service Commercial (CoG) and Limited Office District (L-o)
codified at section II-2-408 (B) (II) and II-2-408 (B) (7)
Municipal Code of the City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only
the uses and/or conditional uses described in the above referenced
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
4.1
DEVELOPER shall develop subject Property including the
obtainance of the appropriate permits and compliance with CITY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
4.1.1 That DEVELOPER, in accordance with its representations before
the CITY, shall, on the land described in Exhibit A, develop the
subject property commercially for office complexes.
4.1.2 Applicant prepare the legal description for the annexation
included in the application with legal description which
references the recognized government corners. The legal
description shall be prepared by a Registered Land Surveyor,
Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 158. The legal
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
description for annexation must place this parcel contiguous to
the Corporate City Limits per Ordinance No. 686.
4.1.3 This application is for a parcel of land north of Waltman Lane
and south of the Troutner Business Park. It is unclear from the
application where the requested L-O and CoG zones are proposed
for the property. Applicant shall provide a map delineating the
requested zone.
4.1.4, That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the annexation and
zoning designation. (C-G) General Retail and Service
Commercial and (L-O) Limited Office District Ordinance shall
not be finally approved by the City Council until provisions of
parts I, 2 and 4 of this order have been met; and
4.1.5 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:
4.1.5 The legal descriptions submitted with the application
annexation don't include 1/2 of the adjacent Ten Mile
Creek nor Waltman Lane. Applicant shall submit new
legals that include the above mentioned areas, and include
a map that shows the annexation boundaries with the
corresponding bearing and distance calls. The legal
description shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian
Resolution No. 1598. The legal description for annexation
must place this parcel contiguous to the existing city limit
boundary.
4.1.2 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinances 11-9-605.M. The ditches to be piped
should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
4
variances have been requested for tiling of any ditches
crossing this project.
4.1.3 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape
irrigation.
4.1.4 A development agreement is required as a condition of
annexation.
4.1.5 Prior to any development on the property the applicant
must submit for approval to the City Public Works
Director a plan for the serviceability of the site for sewer
and water. The City owns and maintains an 18-inch
diameter sanitary service trunk line along the Ten Mile
Creek and water and sewer are existing in SW Fifth
Avenue. The City currently does not have any water
service in Waltman Lane.
4.1.6 Assessment fees for water and sewer service are determined
during the building plan review process, Applicant shall be
required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, water
and sewer "Late Comers" fees will also be charged against
this parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current
points.
4.1. 7 This property will be bisected by the proposed extension of
E, Corporate Drive through the property, The public
roadway will likely be extended through to W. Greenhead
Street in the Landing Subdivision. Future development in
this area will need to have proper access and resultant
frontage on public roadways.
4,1.8 Ten Mile Creek is designated as a multiple use pathway in
the Meridian Comprehensive Plan. Preservation of this
corridor is mandatory, Detailed plans for the pathway area
will need to be reviewed as part of any development plans,
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
4.1,9 As no plat or development plans are proposed at this time,
drafting of a development agreement will be difficult. For
this reason, all uses within the proposed annexation shall
be developed under the conditional use permit process,
4, 1. 10 There is an existing home on the site that was, at one time,
being used as a weddinlifbanquetlreception hall. In order
for this use to continue, all city ordinances need to be met
in regard to paved parking areas, occupancy requirements,
etc.
4, 1.11 Applicant shall extend a water supply system to the
proposed site.
4. 1. l2Applicant shall install a hydrant at the proposed site,
4.1.13 The right-of-way of Ten Mile Drain must be addressed
before the land is developed.
6.
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, 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,
7.
COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
6
8.
9.
10,
REOUIREMENT FOR RECORDATION: CITY shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the
Property by the City CounciL If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein,.
DEFAULT
10.1 In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections with the Property, this Agreement may be
modified or terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by CITY of any default by DEVELOPER of 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.
REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title or by the assigns of the parties hereto,
Enforcement may be sought by an appropriate action at law or in equity
to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the parties
agree that CITY and DEVELOPER shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
7
12.
13,
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
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
11.2 In the event the performance of any covenant to be performed
hereunder by either DEVELOPER or CITY is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
14.
ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to
abide by all ordinances of the CITY of Meridian and the property shall
be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian,
15.
Notices: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
16,
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 City
200 E. Carlton, Suite 10 1
Meridian, ID 83642
John Goade
5855 Becky Drive
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15,1 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.
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.
17.
Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
18.
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 each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
9
19,
20,
21.
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.
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 therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and
CITY relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express
or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, 'with respect to
CITY, to a duly adopted ordinance or resolution of CITY.
20.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
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.
PAGE
10
DEVELOPMENT AGREEMENT - JOHN GOADE
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
JI~p~~-Q
City Clerk '.::...-7/w
BY RESOLUTION NO.
BY:~~
¡fohn Goade
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
11
STATE OF IDAHO)
day of
Apr,' I , in the year 1999, before me,
, a Notary Public, personally appeared
, known or identified to me, to be the
instrument, and acknowledged to me that he
individ I w 0 executed the
executed the same.
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STATE OF IDAHO)
:ss
County of Ada
a. On this';',J.. day of ~A~ j/ , in the year 1999, before me,
,rJA..; ÆZlEAI A.1.........:- , 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 acknowledged to me that
such City executed the same.
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
12
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
13
Exhibit "A"
CoG ZONING PARCEL
A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N"
R. lW" B.M., Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at the East 1/4 corner of Section 13, T.3N" R.l W" B,M., Ada
County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal
Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of
said Section 13; thence, N. 00°13'15" E. 230.00 feet along the East 1/16 Line
to the POINT OF BEGINNING;
Thence, N, 00°00'00" W. 231.03 feet to the POINT OF BEGINNING;
Thence, N. 55°08'27" W, 284.18 feet to a point of beginning of curve;
Thence along a curve to the left 66.07 feet, said curve having a delta of
63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of
62,78 feet which bears N. 03°18'53" E. to a point of ending of curve;
Thence N. 61°46'13" E. 83.51 feet;
Thence N.00o13'15" E. 191.00 feet;
Thence, S. 89°46'45" E. 157,00 feet to said East 1/16 Line;
Thence, S. 00°13'15" W, 455,00 feet to the POINT OF BEGINNING,
said parcel containing 1.62 acres.
L-O ZONING PARCEL
A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N.,
R.l W., B.M., Ada County, Idaho, said parcel being more particularly described
as follows:
Commencing at the East 1/4 corner of Section 13, T,3N., R.IW" B.M" Ada
County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal
Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of
said Section 13, said point being the POINT OF BEGINNING;
Thence, N, 89°52'22" W. 143,09 feet to the centerline ofthe Ten Mile Drain;
Thence along said centerline the following courses and distances:
N, 30°08'45" W, 335.35 feet;
Thence, N. 62°02'20" W. 797.87 feet to the south line of Franldin Square
Subdivision, records of the Ada County Recorder, Boise, Idaho;
Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast
corner of Lot 18, Blocl<. 3, said Franldin Square Subdivision;
Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner
Business Park, records of the Ada County Recorder, Boise, Idaho;
Thence along the south line of said subdivision the following courses and
distances:
S. 8SO4l'16" E. 147.43 feet;
Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said
subdivision and the East 1/16 Line of said Section 13;
Thence leaving said south line and along said East 1/16 Line, S. 00°13'15" W,
166.93 feet;
Thence, N. 89°46'45" W. 157.00 feet;
Thence, S. 00°13'15" W. 191.00 feet;
Thence, S. 61 °46'13" W. 83.51 feet to a point of beginning of curve;
Thence along a curve to the right 66.07 feet, said curve having a delta of
63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of
62.78 feet which bears S. 03°18'53" W. to a point of ending of curve;
Thence, S. 55°08'27" E. 284.18 feet to said East 1/16 Line;
Thence, S, 00°13'15" W. 230,00 feet to the REAL POINT OF BEGINNING,
said parcel containing7.63 acres,
MswZ,\Work\M\Meridian 15360M\GoadelExhibitA
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - JOHN GOADE
PAGE
14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION)
OF JOHN GOADE, SOUTH OF TROUTNER)
BUSINESS PARK, BETWEEN WALTMAN)
LANE & TEN MILE, THE APPLICATION)
FOR ANNEXATION AND ZONING OF 8.51 )
ACRES, MERIDIAN, IDAHO )
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 February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been
received from Shari Stiles, Planning and Zoning Administrator, and the Applicant, Jim
Howard of J.J. Howard Engineering appearing on behalf of John Goade, having appeared
and testified, and no other persons having appeared and testifying in objection to the
application, and the City Council having duly considered the evidence and the record in this
mattertherefore 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 February
16,1999. before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred (300') feet of
the external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
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
February 16, 1999, public hearing, and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set forth
in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code
of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary,
4.
The property 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 8.51 acres in size. The property is located
north of Waltman Lane and south of the Troutner Business Park.
6.
The applicant and owner of record of the subject property is John Goade, of
5855 Becky Drive, Meridian, Idaho, and has filed a written request for annexation and
zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
7.
The subject property is presently zoned by Ada County as Rural Transition
(RT), and contains a dwelling commonly referred to as the "Waltman House",
8.
The Applicant requests the property be zoned (C-G), General Retail and
Service Commercial, and (L-O) Limited Office District.
9.
The Applicant has requested the annexation and zoning, and the application
was not initiated at the request of the City of Meridian.
10.
The proposed site of the subject property is south of Troutner Business
Park between Waltman Lane and Ten Mile, at the southwest corner of Ustick and Meridian
Roads.
11.
Storage facilities abut to the east of the subject property. The property to the
north of the proposed site is zoned (L -0) Limited Office District. The property to the east of
the proposed site is zoned (C-G) General Retail and Service Commercial.
12.
The city limits of the City of Meridian are adjacent and abut on the north and
east of the subject property.
13.
The land within the proposed annexation is contiguous to the present city
limits of the City of Meridian, and the annexation would not be a shoestring annexation.
14.
The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
15.
The entire parcel ofthe property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
16.
The Applicant proposes to develop the subject property in the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
manner: extend the existing L-O District into the north and south of the subject property and
extend the existing CoG District into the east of the subject property. Develop the subject
property commercially for office complexes.
17.
The applicant's requested zoning of the subject property as (C-G) General
Retail and Service Commercial and (L-O) Limited Office is consistent with the commercial
designation on the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Mixed Planned Use Development.
18.
Giving due consideration to the comments 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:
18.1
This application is fora parcel of land north of Waltman Lane and south of the
Troutner Business Park. It is unclear from the application where the
requested L-O and CoG zones are proposed for the property. Applicant shall
provide a map delineating the requested zone.
18.2 The legal descriptions submitted with the application annexation don't include
% of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit
new legals that include the above mentioned areas, and include a map that
shows the annexation boundaries with the corresponding bearing and
distance calls. The legal description shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 1598. The legal description
for annexation must place this parcel contiguous to the existing city limit
boundary.
18.3 Any existing irrigation/drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be
piped should be shown on the site plans. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
Department. No variances have been requested for tiling of any ditches
crossing this project.
18.4 Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
18.5 A development agreement is required as a condition of annexation.
18.6 Prior to any development on the property the applicant must submit for
approval to the City Public Works Director a plan for the serviceability of the
site for sewer and water. The City owns and maintains an 18-inch diameter
sanitary service trunk line along the Ten Mile Creek and water and sewer are
existing in SW Fifth Avenue. The City currently does not have any water
service in Waltman Lane.
18.7 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
18.8 This property will be bisected by the proposed extension of E. Corporate
Drive through the property. The public roadway will likely be extended
through to W. Greenhead Street in the Landing Subdivision. Future
development in this area will need to have proper access and resultant
frontage on public roadways.
18.9 Ten Mile Creek is designated as a multiple use pathway in the Meridian
Comprehensive Plan. Preservation of this corridor is mandatory. Detailed
plans for the pathway area will need to be reviewed as part of any
development plans.
18.10 As no plat or development plans are proposed at this time, drafting of a
development agreement will be difficult. For this reason, all uses within the
proposed annexation shall be developed under the conditional use permit
process.
18.11 There is an existing home on the site that was, at one time, being used as a
wedding/banquet/reception hall. In order for this use to continue, all city
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
ordinances need to be met in regard to paved parking areas, occupancy
requirements, etc.
18.12 Applicant shall extend a water supply system to the proposed site.
18.13 Applicant shall install a hydrant at the proposed site.
18.14 The right-of-way of Ten Mile Drain must be addressed before the land is
developed.
18.15 Applicant shall enter into a Development Agreement that provides in the event
the conditions herein are not met by the developer that the property be
subject to de-annexation, with the City of Meridian, which provides the
conditions of the development as set forth hereinabove.
19.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 18, and all subparts,
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.
20.
It is found that Findings numbers 18.3, 18.8, 18.9, 18.10 and 18.15
hereinabove set forth are development considerations which 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
21.
It is the policy of the City Council that agreements are difficult to enter into
prior to annexation ordinances being passed; as such the Planning and Zoning
Commission recommends that if the City Council deems a development agreement
necessary such agreement should be entered into prior to the passage of an annexation
and ordinance of zoning designation and prior to issuance of any building permits.
21.
The Applicant's requested zoning of the subject real property as (C-G)
General Retail and Service Commercial, and (L-O) Limited Office District is consistent with
the Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as General Retail and Service Commercial and Limited Office District.
22.
The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
23.
The development of the property as (C-G) General Retail and Service
Commercial and (L-O) Limited Office District, as requested by the Applicant, will be
compatible to the development in the surrounding area subject to the conditions of
development herein found to be reasonable in relation to the requested zone (C-G)
General Retail and Service Commercial and (L-O) Limited Office District and is
accordance with the adoptive Comprehensive Plan of the City of Meridian.
25.
There are no major or scenic features of major importance that affect the
consideration of this application.
26.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
follows:
26.1
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.
26.2 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.
26.3 The expansion of commercial development is facilitated by the granting of this
application subject to the conditions herein set forth,
26.4 The application is consistent with Meridian's self identity.
26.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
26.6 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 ordinances of the City to the subject application.
26.7 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,
26.8 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria ofthe Comprehensive plan and the
Zoning ordinances of the City to the subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
27.
The property can be physically serviced with City water if the Applicant
extends the line.
28.
Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into commercial
uses and other uses.
29.
Applicant shall submit an annexation perimeter legal description for the
proposed site. The legal description shall include all those portions of adjacent public rights-
of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94),
and Y. of all other adjacent Public right-of-ways. The legal description shall be prepared by
a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No, 158.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request
for annexation and the real property being contiguous or adjacent to city boundaries and
that said property lies within the area of city impact as provided by Idaho Code Section 50-
222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set forth in
the City's Comprehensive Plan.
2.
The Commission may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
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:
1.
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
1.1
1.2
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
goveming the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
1.3
To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
1.4
To provide housing opportunities for all economic groups within
the community.
1.5
To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
1.6
To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
Meridian and to insure that these facilities are available to all
residents of the City.
1.7
To provide community services to fit existing and projected
needs.
1.8
To establish compatible and efficient use of land through the use
of innovative and functional site design.
1.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
1.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
2.
Under ECONOMIC DEVELOPMENT
COMMERCIAL ACTIVITY CENTERS at page 17
Retail, commercial and office development are frequent partners within
Commercial Activity Centers. In order to support residential and
industrial developments, areas should be set aside as Commercial
Activity Centers and their development carefully guided.
Various commercial activity centers are designated on the
generalized land use map. Planning policies pertaining to commercial
activity centers are presented in the land use chapter of the plan,
MIXED-PLANNED USE DEVELOPMENT AREAS at page 17
Mixed use is a planning category which refers to the coordinated
development of several major uses as part of a single project, such as
specialty retail/commercial, varìable density residential, offices, motels,
industrial, service, commercial, and public and semi-public uses.
Certain areas have been designated for mixed-planned uses. The
development of mixed and planned compatible land uses should be
carefully guided through specific project plans, in accordance with the
mixed-use policies contained in the Land Use chapter of the Plan.
Economic Development Goal Statement
Policies, Page 18
1,1 The City of Meridian shall make every effort to create a positive
atmosphere which encourages industrial and commercial
enterprises to locate in Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
1.2
1.3
1.5
1.6
It is the policy of the City of Meridian to set aside areas where
commercial and industrial interests and activities are to
dominate.
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.
Strip industrial and commercial uses are not
in compliance with the Comprehensive Plan.
It is the policy of the City of Meridian to support shopping
facilities which are effectively integrated into new or existing
residential areas, and plan for new shopping centers as growth
and development warrant. (Emphasis added.)
3.
Under LAND USE
EXISTING CONDITIONS, Page 21
Commercial and retail areas are established along major arterials, and
include small commercial center and individual businesses. Uses
include retail, wholesale, service, office, and limited manufacturing.
Area of Impact, Page 22
Comprehensive Plan Map
The proposed future land use delineation's for the impact area are
shown on the Comprehensive Plan Map - Generalized Land Uses, . .
. The land use element is based upon these objectives:
4. Planned mixed uses along 1-84, Franklin Road, U,P. Railroad, and
Fairview Avenue corridors. (Emphasis added.)
COMMERCIAL ACTIVITY CENTERS, Page 25
In all cases, the locations of Commercial Activity Centers should be
guided by performance and developments standards. These
standards consider, among other aspects:
1.
2.
Traffic Volume and Type
Trip Generation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13,
Impacts on Arterial Street System
Proximity to Other Commercial Development
Impacts on Neighborhood Residential Areas
Accessibility of Site
Parking Demands
Pedestrian Circulation
Available Utility Systems
Aesthetics (Design Considerations)
Use Impacts Upon Other Adjacent Uses
Internal Circulation Design
Drainage
COMMERCIAL POLICIES, Page 26
4.6U Community shopping centers will be encouraged to
locate at arterial intersections and near high-traffic intensity
areas. (Emphasis added.)
5.
Under COMMUNITY DESIGN, at Page 71
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
Soecial Community Desian Areas Goal Statement
2.1 U Require businesses and government to install and
maintain landscaping.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
2.2U Encourage area beautification through uniform sign
design that enhances the community.
2.3U Encourage the beautification of streets, parking lots,
public lands, and state highways.
2.5U Encourage the use of attractive open space, landscaping,
lighting, and street furniture for the benefit of the public.
Qualitv of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances rather than detracts
from the visual quality of its surroundings, especially in areas of
prominent visibility.
5.
The requested zoning of General Retail and Service Commercial (C-G) and
Limited Office District (L-O), are defined in the Zoning Ordinance at 11-2-408 B. 11. and 11-
2-408 B. 7. as follows:
(C-G) General Retail and Service Commercial: The purpose ofthe (C-G) District is to
provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All
such districts shall be connected to the Municipal Water and Sewer systems of the
City of Meridian, and shall not constitute strip commercial development and
encourage clustering of commercial development.
(L-O1 Limited Office District: The purpose of the (L-O) District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses
shall not involve heavy testing operations of any kind or product manufacturing of
such a nature to create noise, vibration or emissions of a nature offensive to the
overall purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density residential uses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
and is thus a transitional use. Connection to the Municipal Water and Sewer System
of the City of Meridian is a requirement in this district.
6.
That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides
as follows:
Each such ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision.
7.
That pursuant to the authority of the Idaho State Legislature, the City may
impose either a development fee or a transfer fee on residential property, which, if possible,
would be retroactive and apply to all lots in the City, because of the imperilment to the
health, welfare, and safety of the citizens of the City of Meridian.
B.
That Section 11-9-605 G 1. states as follows:
Planting strips shall be required to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet (20') wide, and shall
not be a part of the normal street right of way or utility easement.
9.
That Section 11-9-605 L states, in part, as follows:
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch
either or both sides of the area being subdivided, shall be covered and enclosed with
tiling or other covering equivalent in ability to detour access to said ditch, lateral or
canal.
10.
That 11-9-607 A, of the Subdivision Ordinance, states in part as follows:
The City's policy is to encourage developers of land development and construction
projects to utilize the provisions of this Section to achieve the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
1.
A development pattern in accord with the goals, objectives and policies
of the Comprehensive Plan. . . .;
5.
A more convenient pattern of commercial, residential and industrial
uses as well as public services which support such uses.
Since the annexation and zoning of land is a legislative function, the City has
11.
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho
Falls, 105 Idaho 65, 665 P2d 1075 (1983).
12.
The development ofthe annexed land, if annexed, shall meet and comply with
the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which
pertains to development time schedules and requirements; Section 11-9-605 M, which
pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized
irrigation systems.
13.
The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
14.
Section 11-2-417 D 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 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.
15.
As a condition of annexation and the zoning of (C-G) General Retail and
Service Commercial and (L-O) Limited Office District, the Applicant may be required to
enter into a development agreement as authorized by Sections 11-2-416 Land 11-2-417 D
FINDINGS OF FACT AND CONCLUSIONS OF LAW -16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
of the real property, which is the subject of this application, prior to the passage of an
annexation and ordinance of zoning designation; that the Applicant enter into a
development agreement for the development of the subject property, condition of
annexation, a condition of zoning (C-G) General Retail and Service Commercial and (L-O)
Limited Office District, authorized by Sections 11-2-416 Land 11-2-417 D, Municipal Code
of the City of Meridian.
As an altemative to entering into a development agreement
Applicant may be required to submit detailed site plans for review by the Planning and
Zoning Commission or City Council for approval.
16.
Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
16.1
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
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. Applicant prepare the legal description for the annexation included in the
application with legal description which references the recognized government corners. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by the State
of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158.
The legal description for annexation must place this parcel contiguous to the Corporate City
Limits per Ordinance No. 686.
2. This application is for a parcel of land north of Waltman Lane and south of the
Troutner Business Park. It is unclear from the application where the requested L-O and CoG
zones are proposed for the property. Applicant shall provide a map delineating the
requested zone.
3. That the City Attorney shall prepare for consideration by the City Council the
appropriate ordinance forthe annexation and zoning designation. (C-G) General Retail and
Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved
by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and
4. Developer enter into a DevelopmentAgreement, 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:
4.1
The legal descriptions submitted with the application annexation don't include
% of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit
new legals that include the above mentioned areas, and include a map that
shows the annexation boundaries with the corresponding bearing and
distance calls. The legal description shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 1598. The legal description
for annexation must place this parcel contiguous to the existing city limit
boundary.
4.2
Any existing irrigation/drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be
piped should be shown on the site plans. Plans will need to be approved by
FINDINGS OF FACT AND CONCLUSIONS OF LAW -18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
4.3
4.4
4.5
4.6
4.7
4.8
4.9
the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
A development agreement is required as a condition of annexation.
Prior to any development on the property the applicant must submit for
approval to the City Public Works Director a plan for the serviceability of the
site for sewer and water. The City owns and maintains an 18-inch diameter
sanitary service trunk line along the Ten Mile Creek and water and sewer are
existing in SW Fifth Avenue. The City currently does not have any water
service in Waltman Lane.
Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
This property will be bisected by the proposed extension of E. Corporate
Drive through the property. The public roadway will likely be extended
through to W. Greenhead Street in the Landing Subdivision. Future
development in this area will need to have proper access and resultant
frontage on public roadways.
Ten Mile Creek is designated as a multiple use pathway in the Meridian
Comprehensive Plan. Preservation of this corridor is mandatory. Detailed
plans for the pathway area will need to be reviewed as part of any
development plans.
As no plat or development plans are proposed at this time, drafting of a
development agreement will be difficult. For this reason, all uses within the
proposed annexation shall be developed under the conditional use permit
process.
4.10 There is an existing home on the site that was, at one time, being used as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
wedding/banquet/reception hall. In order for this use to continue, all city
ordinances need to be met in regard to paved parking areas, occupancy
requirements, etc.
4.11 Applicant shall extend a water supply system to the proposed site.
4.12 Applicant shall install a hydrant at the proposed site.
4.13 The right-of-way of Ten Mile Drain must be addressed before the land is
developed.
4.14 Applicant shall enter into a Development Agreement that provides in the event
the conditions herein are not met by the developer that the property be
subject to de-annexation, with the City of Meridian, which provides the
conditions of the development as set forth hereinabove.
It is therefore concluded that the annexing and zoning of the property is in the best
interest of the City of Meridian, and it is concluded that the annexation shall be conditioned
upon meeting the requirements of this Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / JOHN GOADE
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning 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 ofthe City Council at its regular meeting held February 16,1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTED ~
COUNCILMAN BIRD
VOTED~
~~
COUNCILMAN ANDCI1S0N
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: $-2 -99
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE
KECElVEÐ
MAR - 2 1999
an Of Mf.IIDIAM
MOTION:
APPROVE~-
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
BJ~~tf
City Clerk
Dated:
fl-2-~qr
msg\D:IMyFilesIMertdian City FilelGOADE Al)AZ FFCL.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I JOHN GOADE