Carol Office Complex AZ 00-007
PARTIES:
1.
2.
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DEVELOPMENT AGREEMENT
City of Meridian
Properties West, Inc., an Idaho corporation, Developer/Owner
THJS PßVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~ day of J WYVL- , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
PROPERTIES WEST, INC., an Idaho corporation, hereinafter called
"DEVELOPER"/"OWNER", whose address is 1401 Shoreline Drive, P.O. Box 2797,
Boise, Idaho 83702.
1. RECITALS:
1.2
1.3
1.4
1.5
1.1
WHEREAS, "Developer"/"Owner" 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. §67-651 lA, 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 Meridian City Code §§ 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the annexation
and/or re-zoning of land; and
WHEREAS, "Developer"/"Owner" has submitted an application
for annexation and zoning of the "Property"s described in Exhibit
A, and has requested a designation of Limited Office District (L-
0), Meridian City Code § 11-7-2 G; and
WHEREAS, "Developer"/"Owner" 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 according to the Concept
Plan and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 1
1.7
1.8
1.9
1.10
1.6
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 ~i:!J. day of ~, 2000, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Developer"/"Owner"
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"DEVELOPER"/"OWNER" 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
WHEREAS, "City" requires the "Developer"/"Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation ITom government subdivisions providing
services within the planning jurisdiction and ITom 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 Meridian City Code Titles 1 I and 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 2
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
4.
"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 ofIdaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"DEVELOPER"!"OWNER": means and refers to Properties
West, Inc., an Idaho corporation, whose address is 1401 Shoreline
Drive, PO Box 2797, Boise, Idaho 83702, the party who owns and
is developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY TillS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at Meridian
City Code § 11-7-2 G which are herein specified as follows:
Development of Limited Office.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 3
5.1
"Developer"/"Owner" shall develop the "Property" in accordance
with the following special conditions:
5.I.A The property should be zoned L-O, Limited Office District,
and the Applicant shall use the subject property to develop
professional office uses with any other uses permitted in the
subject zone only as a conditional use.
5.1.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 12-4-13. The ditches to be piped shall be
shown on the site plans. 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. No variances
have been requested for tiling of any ditches crossing this
project.
5.1.2 Any existing domestic wells and/or septic systems within this
project shall have to be removed ITom their domestic
service per City Ordinance Section 9-1-4. Wells may be
used for non-domestic purposes such as landscape
irrigation.
5. 1.3 Off-street parking shall be provided in accordance with
Section 11-13-4 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
5. 1.4 Paving and striping shall be in accordance with the
standards set forth in Sections I 1-13-4D and I 1-13-4E of
the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act
(ADA) requirements.
5.1.5 A drainage plan designed by a State ofIdaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and
disposed of on-site.
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 4
5.1.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section I 1-13-4C.
5.1.7 All signage shall be in accordance with the standards set
forth in Section I I - I 4 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
5.1.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.
5.1.9 All construction shall conform to the requirements ofthe
Americans with Disabilities Act.
5.1.10 A minimum 35-foot landscape buffer shall be required
along the east property boundary and a minimum 20-foot
landscape buffer shall be required along the north property
boundary of site.
5.1.11
Applicant shall be required to dedicate all right-of-way for
the future east-west collector street and the north-south cul-
de-sac as required by ACHD prior to the issuance of any
building permits.
5.1.12 The Applicant shall pay for the opticom traffic signal for
the future intersection on Eagle Road/SH 55, and shall be
proportionally reimbursed for the total cost once the
Kleiner property to the south develops.
5.1.13
That the Meridian School District shall be added to the Plat
which proposes to construct a new, public cul-de-sac and
which shall connect the office complex to the 66-foot
collector road serving River Valley Elementary School.
The first 250 feet of the cul-de-sac is not located within the
Applicant's property and that 250 feet lies within the
Meridian School District's property boundaries. Therefore,
the Meridian School District shall be added to the
Preliminary Plat as a signatory on the plat, providing their
consent as property owner to this 60 feet of public right-of-
way dedication.
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 5
5.1.14 The total project has 87 more parking stalls than required
by ordinance, and therefore the Applicant shall be allowed
to eliminate the compact parking spaces.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of subject "Property" of this agreement, 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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"Owner" 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:
7.1
That the "City" provide written notice of any failure to comply with this
Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails
to cure such failure within six (6) months of such notice.
8. INSPECTION: "Developer"f'Owner" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notifY the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs,
successors, assigns, or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property", fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the "Property", this Agreement may be modified or
terminated by the "City" upon compliance with the requirements of the
Zoning Ordinance, which will include, at a minimum, notice of the
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 6
9.2
noncompliance, and an opportunity to be heard by the City Council before
modification or termination.
A waiver by "City" of any default by "Developer" /"Owner" 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer'" sf'Owner' s" cost, and submit proof of such recording to
"Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning ofthe "Property" by the City Council. Iffor
any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the "Property" contemplated hereby, the
"City" shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1
In the event of a material breach of this Agreement, the parties agree that
"City" and "Developer"/"Owner" shall have thirty (30) days after delivery
of notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall commence
to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 7
12.2
In the event the performance of any covenant to be performed hereunder
by either "Developer"/"Owner" or "City" is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 12-5-3, to insure that installation of the improvements, which
the "Developer"/"Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no
Certificates of Occupancy will be issued until all inftastructure and other improvements
which are imposed by the terms of this agreement, the annexation ordinance, and the
conditional use permit are completed, unless the "City" and "Developer"/"Owner" have
entered into an addendum agreement stating when the improvements will be completed in
a phased development; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and accepted
by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to
abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement,
and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties 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/OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Properties West, Inc., an Idaho
Corporation
1401 Shoreline Drive
PO Box 2797
Boise, ID 83702
with copy to:
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 8
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1
A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
17. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorney's fees as determined
by a Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City"'s corporate authorities and their successors in office.
This Agreement shall be binding on the owner of the "Property", each subsequent owner
and any other person acquiring an interest in the "Property". Nothing herein shall in any
way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefitted and bound by the conditions and restrictions herein expressed.
"City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and
recordable evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Developer"/"Owner" has fully performed its obligations
under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised ITom this
Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ-OO-OO7) - 9
2 I. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "Developer"/"Owner" 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"/"Owner"
and "City", other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the ""City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-00-007) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
DEVELOPER/OWNER:
PROPERTIES WEST, INC., AN IDAHO
CORPORATION
BY\
CITY OF MERIDIAN
BY:
",,'1111111"'"//1//1
"", -.( OF ~~/I/
J/dL-:~ &~ (9- l"'à~'Pf'd>~~~ "'\~
CITY CLERK ~ é1: 7 " :::
BY RESOLUTION NO. 32- ~ E
Z:\Work\M\Meridian I 5360M\Carol Off~ , ¥ fit\, ~),r
STATE OF IDAHO) -=:"1-' <:'0 'f)'f- ",-t
:ss '1"111 lJN":'í. """
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Attest:
DEVELOPMENT AGREEMENT (AZ-00-007) - 1]
COUNTY OF ADA
On this-t4- day of J/~""c- , in the year 2000, before me,
Lrh>' "b~' ÚJ;s ...~ a Notary Public, personally appeared Jon L. Barnes and Marilyn M.
Barnes, own or id ntIfied to me to be the President and Secretary of Properties West, Inc.,
the persons who executed the instrument on behalf of said corporation, and acknowledged to
me having executed the same.
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Commission expires: z/Ie/;,¡'
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STATE OF IDAHO)
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County of Ada
On this ~ day of ~ ' in the year 2000, before me, a
Notary Public, personally appeared Ro ert D. Come and Wilham 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.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-00-007) - 12
EXHIBIT A
Le231 Description Of Property
A parcel ofland being a portion ofthe Southeast 1/4 ofthe Northeast 1/4 of
Section 5, T.3N., R.1E., B.M., Ada County, Idaho, and more particularly
described as follows:
Commencing at a point marking the Northeast corner of Section 5, T.3N.,
R.1E., B.M., Ada County, Idaho; thence South 00°36'05" West along the
Easterly boundary of said Section 5, 2,611.52 feet to a point marking the
Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL
POINT OF BEGINNING;
thence leaving said Easterly line North 89°40'38" West, along the Southerly
boundary line of said NE 1/4, 372.00 feet to a point;
thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to
a point;
thence North 89°40'37" West, 143.00 feet to a point;
thence North 00°36'05" East, 50.00 feet to a point;
thence North 89°40'37" West, 105.00 feet to a point;
thence North 00°36'05" East, 354.16 feet to a point on the Southerly
boundary of Carol's Subdivision as shown on the Official Plat thereof
recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada
County, Idaho;
thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a
point on the Easterly boundary of said Section 5;
thence South 00°36'05" West along said boundary 648.63 feet to the REAL
POINT OF BEGINNING.
Said parcel contains 7.73 acres, more or less.
EXHIBIT B
DEVELOPMENT AGREEMENT (AZ-00-007) - 13
FindinŒs of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-00-007) - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF I-U-B
ENGINEERS, INc., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 6.68 ACRES LOCATED AT
THE WEST SIDE OF EAGLE
ROAD BETWEEN FAIRVIEW
AND EAGLE ROAD FOR
CAROL OFFICE COMPLEX
FROM R-TTO L-O
05-22-00
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-00-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXA TI 0 NAND
ZONING
The above entitled annexation and zoning application having corne on for
public hearing on May 16,2000, at the hour of 7:30 o'clock p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of I-U-B ENGINEERS, INC. was Nancy Taylor, and no one
appeared in opposition, and having received the Recornmendation to City Council of
the Planning and Zoning Commission on this matter, 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 - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX! BY: I-U-B ENGINEERS, INc. / AZ-OO-OO7
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF U\W
Judicial Notice:
The Council may talœ judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
Annexation:
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 Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area which is
designated in the Comprehensive Plan City of Meridian adopted December 21, 1993,
Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3.
2.
The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recommendation frorn the Planning and Zoning ComITÙssion of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
hearing procedures provided in Section 67-6509, Idaho Code and concurrently or
FINDINGS OF FACT AND CONCLUSIONS OF U\W - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-00-007
irnmediately following the adoption of an ordinance of annexation, the City Council
shall amend the Planning and Zoning Ordinance. [I.c. § 67-6525] [Meridian City
Code § 11-16-1.]
Zoning:
3.
The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Cornprehensive Plan. [I.c. § 67-6511].
4.
The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [Meridian City Code § 11-1-3.]
5.
. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Meridian City Code §§ 11-1 - 11-21.]
5.1
The "Zoning Ordinance" provides a zoning district (L-O) Lirnited
Office District which is defined as: [Meridian City Code § 11-7-2
G.]
(L-G) Limited Office District: The purpose of the L-O District
is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX; BY: J-U-B ENGINEERS, INc. / AZ-QO-OO7
5.2
5.3
5.4
5.5
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 nonresidential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirernent in
this District.
The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and pennitted accessory use.
[Meridian City Code § 11-6-1.]
The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [Meridian City Code § 11-6-1.]
The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [Meridian City Code.§
11-15-1 - 11-15-6.]
The General Standards Applicable To Zoning Amendments
include the following [Meridian City Code § 11-15-11]:
5.5.1 Will the new zoning be hannonious with and in
accordance with the Cornprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INC! ..~.'Z-OO-OO7
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning arnendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrirnental to the economic welfare of the comrnunity;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrirnental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.5.10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
CŒv!PLEX! BY: ]-U-B ENGINEERS, INc. / AZ-OO-OO7
5.5.11 Will not result in the destruction, loss or damage of a
natural or scenic feature of rnajor importance; and
5.5.12 Is the proposed zoning amendrnent in the best interest of
the City of Meridian.
6.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", 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.
Development Conditions:
7.
The City is authorized by r.c. § 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an Owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11-
16-4.
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall rneet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Meridian City Code § 11-2-4 which pertains to development time schedules and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-00-007
requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches;
and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems.
10.
The developrnent of the property shall be subject to and controlled by
the Zoning and Subdivision and Developrnent Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
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 May 16,2000, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration rnore than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcernents; and the
matter having been duly considered by the City Council at the May 16, 2000, public
hearing; and the applicant, affected property owners, and governrnent subdivisions
providing services wiÙ1in the planning jurisdiction of Ù1e City of Meridian, having
been given full opportunity to express comrnents and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-00-007
2.
There has been compliance with all notice and hearing requirernents 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
developrnent ordinances codified at Meridian City Code Titles 11 and 12, 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 Irnpact Area Boundary.
4.
The property is approxirnately 6.68 acres in size. The property is
located at the west side of Eagle Road between Fairview and Ustick Roads. The
property is designated as Carol Professional Center, and described as follows:
A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of
Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and rnore particularly
described as follows:
Comrnencing at a point marking the Northeast comer of Section 5, T.3N.,
R.IE., B.M., Ada County, Idaho; thence South 00°36'05" West along the
Easterly boundary of said Section 5, 2,611.52 feet to a point marking the
Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL
POINT OF BEGINNING;
thenèe leaving said Easterly line North 89°40'38" West, along the Southerly
boundary line of said NE 1/4,372.00 feet to a point;
thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a
point;
thence North 89°40'37" West, 143.00 feet to a point;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-00-007
thence North 00°36'05" East, 50.00 feet to a point;
thence North 89°40'37" West, 105.00 feet to a point;
thence North 00°36'05" East, 354.16 feet to a point on the Southerly
boundary of Carol's Subdivision as shown on the Official Plat thereof recorded
Book 38 of Plats at page 3164 in the office of the Recorder, Ada County,
Idaho;
thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a
point on the Easterly boundary of said Section 5;
thence South 00°36'05" West along said boundary 648.63 feet to the REAL
POINT OF BEGINNING.
Said parcel contains 7.73 acres, rnore or less.
5.
The owner of record of the subject property is Jon 1. Barnes, of 1401
Shoreline Drive, PO Box 97, Boise, Meridian, Idaho.
6.
Applicant is JUB Engineers, Ine., of Boise, Idaho.
7.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of vacant land.
8.
The Applicant requests the property be zoned as Limited Office (L-O).
9.
The subject property is bordered to the east and north by Ada County
and the west and south by the city limits of the City of Meridian.
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11.
The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX / BY: J-U-B ENGINEERS, INc. / AZ-00-007
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the following
manner: professional office complex.
13.
The Applicant requests zoning of the subject real property as L-O which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use.
14.
There are no significant or scenic features of rnajor irnportance that
affect the consideration of this application.
15.
The Applicant request zoning of the subject real property as Lirnited
Office (L-O). The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed/Planned
Use Development. Further, this application is consistent with the following
provisions of the Meridian Comprehensive Plan:
The subject property is located in an area designated as Mixed/Planned Use
Development in the Meridian Cornprehensive Plan. It is within the Meridian
Urban Service Planning Area.
COMPREHENSIVE PLAN POLICIES
Economic Developrnent Chapter
Policies 1.2, 1.3, and 1.9
Land Use Chapter
Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-OO-O07
Communitv Design Chapter
Policies 1.3, 1.4, 2.1 U, 2.2U, 2.3U and 2.5U
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development
will not impose expense upon the public if the following conditions of
development are imposed asa condition of Staff review and approval of
development permits, and which restrict the use and development of the
subject real property under the Limited Office Development procedures and
pursuant to the conditional use permit process, to-wit:
Adopt the Planning and Zoning and Engineering Recommendations as follows:
16.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. 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. No variances have been requested for tiling
of any ditches crossing this project.
16.2 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. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.3 Off-street parking shall be provided in accordance with Section 11-13-4
of the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc./ AZ-OO-OO7
16.4 Paving and striping shall be in accordance with the standards set forth in
Sections l1-13-4D and 11-13-4E of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirernents.
16.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
16.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4C.
16.7 All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Developrnent Ordinance. No
temporary signage, flags, banners or flashing signs shall be perrnitted.
Signage restrictions shall be induded in the development agreement.
16.8 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.
16.9 All construction shall conforrn to the requirements of the Americans
with Disabilities Act.
16.10 A minimum 35-foot landscape buffer shall be required along the east
property boundary and a minimurn 20-foot landscape buffer shall be
required along the north property boundary of site and shall be a
condition in the Development Agreement.
16.11 Applicant shall be required to dedicate all right-of-way for the future
east-west collector street and the north-south cul-de-sac as required by
ACHD prior to the issuance of any building permits.
16.12 A Development Agreement shall be required as a condition of
annexation.
16.13 The Applicant shall pay for the opticorn traffic signal for the future
intersection on Eagle Road/SH 55, and shall be proportionally
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX! BY: J-U-B ENGINEERS, INc. / AZ-OO-OO7
reimbursed for the total cost once the Kleiner property to the south
develops.
16.14 That the Meridian School District shall be added to the Plat which
proposes to construct a new, public cul-de-sac and which shall connect
the office complex to the 66-foot collector road serving River Valley
Elementary School. The first 250 feet of the cul-de-sac is not located
within the Applicant's property and that 250 feet lies within the
Meridian School District's property boundaries. Therefore, the
Meridian School District shall be added to the Preliminary Plat as a
signatory on the plat, providing their consent as property owner to this
60 feet of public right-of-way dedication.
16.15 The total project has 87 more parking stalls than required by ordinance,
and therefore the Applicant shall be allowed to eliminate the compact
parking spaces.
17.
It is found that if the developer pays for the requested improvernents
and complies with the conditions set forth in these findings of fact, and all sub-
parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a developrnent
agreernent, a condition of annexation and zoning designation.
18.
It is found that the development considerationswhich must be taken
into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a rnarmer 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX / BY: J-U-B ENGINEERS, INc. / AZ-00-007
uses will not be hazardous or disturbing to the existing, or future neighboring
uses, particularly considering the irnpact of proposed development on potential
to produce excessive traffic, noise, smoke, fumes, glare and odors.
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:
I. The applicant's request for annexation and zoning of
approximately 6.68 acres to Limited Office (L-O) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 6.68 acres. 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.
3. Developer enter into a Development Agreement that provides in
the event the conditions therein provided are not met by the Developer that
the property shall be subject to re-zone and de-annexation from the City of
Meridian, which Agreement shall provide for the following conditions of use
and development; to-wit:
3A
The Applicant shall use the subject property to develop, use and
maintain professional office with any other uses permitted in the
subject zone only as a conditional use.
3.B. The Applicant shall develop the subject property in accordance
with the following conditions:
3.B.I Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 12-4-13. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-OO-OO7
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.
3.B.2 Any existing domestic wells and/or septic systems within
this project shall have to be rernoved from their dornestic
service per City Ordinance Section 9-1-4. Wells rnay be
used for non-domestic purposes such as landscape
irrigation.
3.B.3 Off-street parking shall be provided in accordance with
Section 11-13-4 of the City of Meridian Zoning and
Developrnent Ordinance and/or as detailed in site-specific
requirernents.
3.B.4 Paving and striping shall be in accordance with the
standards set forth in Sections Il-13-4D and Il-I3-4E of
the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act
(ADA) requirernents.
3.B.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All site drainage shall be contained and
disposed of on-site.
3.5.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-13-4c.
3.B.7 All signage shall be in accordance with the standards set
forth in Section 11-14 of the City of Meridian Zoning and
Developrnent Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted. Signage
restrictions shall be included in the development
agreement.
iINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/BY: I-U-B ENGINEERS, INc./ AZ-OO-OO7
3.B.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.
3.B.9 All construction shall conforrn to the requirements of the
Americans with Disabilities Act.
3.B.lOA minimum 35-foot landscape buffer shall be required
along the east property boundary and a minimum 20-foot
landscape buffer shall be required along the north property
boundary of site and shall be a condition in the
Development Agreement.
3.B.lIApplicant shall be required to dedicate all right-of-way for
the future east-west collector street and the north-south
cul-de-sac as required by ACHD prior to the issuance of
any building pennits.
3.B.12A Development Agreement shall be required as a condition
of annexation.
3.B.13The Applicant shall pay for the opticom traffic signal for
the future intersection on Eagle Road/SH 55, and shall be
proportionally reirnbursed for the total cost once the
Kleiner property to the south develops.
3.B.I4That the Meridian School District shall be added to the
Plat which proposes to construct a new, public cul-de-sac
and which shall connect the office cornplex to the 66-foot
collector road serving River Valley Elementary School. The
first 250 feet of the cul-de-sac is not located within the
Applicant's property and that 250 feet lies within the
Meridian School District's property boundaries. Therefore,
the Meridian School District shall be added to the
Preliminary Plat as a signatory on the plat, providing their
consent as property owner to this 60 feet of public right-of-
way dedication.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX/ BY: J-U-B ENGINEERS, INc. / AZ-00-007
3.B.15The total project has 87 more parking stalls than required
by ordinance, and therefore the Applicant shall be allowed
to eliminate the cornpact parking spaces.
4. The City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation
of the real property which is the subject of the application to (L-O) Limited
Office District (Meridian City Code § 11-7-2 G).
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 official boundaries and
zoning maps as provided in Meridian City Code § 11-21-1 in accordance with
the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX! BY: J-U-B ENGINEERS, INc. / AZ-OO-OO7
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 is
a person who has an interest in real property which may be adversely affected
by the issuance or denial of the annexation and zoning and who may within
twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
6::3. day of J~ ,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED -*'--
COUNCILPERSON TAMMY deWEERD
VOTED~
VOTED ~^-'
COUNCILMAN KEITH BIRD
COUNCILPERSON CHERIE McCANDLESS
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6-6-00
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX / BY: J-U-B ENGINEERS, INc./ AZ-00-007
MOTION:
APPROVED:~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public
Works Department and the City Attorney.
ByJ~~¡
City Clerk
Dated: ¡f-/j-fJO
ms&,Z:\Work\M\Meridian 15360MlCarol Office AZ cUP PP\AZFfC1s
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/CAROL OFFICE
COMPLEX; BY: I-U-B ENGINEERS, INc. / AZ-OO-OO7