Ten Mile Mini Storage AZ 99-016
PARTIES: 1.
2.
VYI. t:f)Jj)/¡rÌJ. RECORDED' REQUEST OF
ADA COUNTY RÉCORÕEif . tf-
J, DAVID NAVARRO C.f .
lHJ,ISE.IDAHO '!J FEE..::e DEPUTY -
2030AP 13 PH 1:31 3'ß¡ 00028047
DEVELOPMENT AGREEMENT
City of Meridian
Edward L. Bews and Shirley G. Bews, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this~'~ement"), is
made and entered into this -L!i!..- day of ~ ' ~ by and
between CITY OF MERIDIAN, a municipal corporat n of the State of Idaho,
hereafter called "CITY", and Edward 1. Bews and Shirley G. Bews, husband
and wife, hereinafter called "DEVELOPER", whose address is 5204 Sorrento
Drive, Boise, Idaho 83704.
1.
RECITALS:
1.1
1.2
1.3
1.4
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. §67-6511A, 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 11-2-417D,
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 has requested a designation of Light
Industrial (I-L), (Municipal Code of the City of Meridian);
and
DEVELOPMENT AGREEMENT (AZ-99-016) - 1
1.5
1.6
1.7
1.8
1.9
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
WHEREAS, record of the proceedingsfor 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 fj/JÆ day of JÞv".1Jt-..., 1999,
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" enter
into a development agreement before the City Council
talœs final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
DEVELOPMENT AGREEMENT (AZ-99-016) - 2
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.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Edward 1. Bews and
Shirley G. Bews, husband and wife, whose address is 5204
Sorrento Drive, Boise, Idaho 83704, the party developing
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-99-016) - 3
4,
USES PERMITTED BY THIS AGREEMENT:
4.1
Due to the numerous uses that are currently permitted in
the I-L zone the use herein granted shall be restricted, as
the uses of the subject property allowed pursuant to this
Agreement are only mini storage and attendant uses,
4,2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as
a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance
with the following use conditions:
6.1.1 This parcel is shown on the Meridian
Comprehensive Plan as being AgriculturallRural
Residential. The property is adjacent to the
Meridian Wastewater Treatment Plant. Signage
may also be restricted via the development
agreement and should be limited to one 4' x 8'
monument sign as shown on the site plan.
6.2,1 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.
DEVELOPMENT AGREEMENT (AZ-99-016) - 4
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
9, INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "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 connection with the
"Property", this Agreement may be modified or terminated
DEVELOPMENT AGREEMENT (AZ-99-016) - 5
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT 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.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" 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
DEVELOPMENT AGREEMENT (AZ-99-016) - 6
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under §12-5-3 ofthe Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City",
15. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "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.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
DEVELOPMENT AGREEMENT (AZ-99-016) - 7
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Edward L. Bews and Shirley G, Bews
5204 Sorrento Drive
Boise, Idaho 83704
with copy to:
City Clerk
City of Meridian
33 E, Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements ofthis section.
18, ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as deterllÙned by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, terllÙnation or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
DEVELOPMENT AGREEMENT (AZ-99-016) - 8
authorities and their successors in office, This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "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",
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
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.
DEVELOPMENT AGREEMENT (AZ-99-016) - 9
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-99-016) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided,
~
BY:
. dwar L. ews
Developer
fr~
BY: ~~ Þ. g~
Shirle , Bews
Developer
CITY OF MERIDIAN
Attest:
ey/Z\Work\M\Meridian 15360MIBews\DeveiopAgr
DEVELOPMENT AGREEMENT (AZ-99-016) - 11
STATE OF IDAHO
:ss
COUNTY OF ADA
;J. CX1O ¡..$
On t~ day of , ,in the year J.-9.9.!,), before
me, fllal.l.ltfM) K.. a Notary Public, ersonally appeared Edward 1. Bews
and Shirley G. Bews, husband and wife, known or identified to me to be the
persons who executed the instrument and acknowledge to me having executed the
same.
d1;¡§
Notary Public for Idaho
Commission expires: Sh/o¿
STATE OF IDAHO
:ss
County of Ada
On this
¡?
day of
~
~o
, in the year 1-99'9,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
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Commission expires: Ct!Jb/tJO
DEVELOPMENT AGREEMENT (AZ-99-016) - 12
EXHIBIT A
Legal Description Of Property
A parcel of land lying in the SE 114 of Section 34, Township
4 North, Range I West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the southeast corner of Section 34, TAN.,
RIW., B.M., thence N 00°53'33" E 1208.45 feet along the
east line of the SE 114 to a point on the centerline of the
Creason Lateral; said point being the REAL POINT OF
BEGINNING of this description;
Along the centerline of the Creason Lateral;
Thence N 48°37'35" W 32.92 feet to a point on the westerly
right of way ofN. Ten Mile Road;
Thence N 48043'08" W 166.87 feet to a point of curvature;
Thence along a curve to the left 57.46 feet, said curve having
a radius of 305.00 feet, a central angel of 10°47'40", tangents
of 28.82 feet, and a long chord which bears N 54°06'58" W
57.38 feet to a point of tangency;
Thence N 59°30'48" W 41.06 feet to a point of curvature;
Thence along a curve to the left 167.00 feet, said curve
having a radius of 307.00 feet, a central angle of 31°10'00",
tangents of 85.62 feet, and a long chord which bears N
75"05'48" W 164.94 feet to a point ofreverse curvature;
Thence along a curve to the right 107.40 feet, said curve
having a radius of 607.25 feet, a central angle of 10°08'00",
tangents of 53.84 feet, and a long chord which bears N
85°36'48" W 107.26 feet to a point of tangency;
DEVELOPMENT AGREEMENT (AZ-99-016) - 13
Thence N 80°32'48" W 141.23 feet to a point of curvature;
Thence along a curve to the right 39.74 feet, said curve
having a radius of 66.00 feet, a central angle of 34°30'00",
tangents of 20.49 feet, and a long chord which bears N
63°17'48" W 39.14 feet to a point oftangency;
Thence N 46°02'48" W 96.38 feet to a point of curvature;
Thence along a curve to the left 57.08 feet, said curve having
a radius of 168.00 feet, a central angle of 19°28'00", tangents
of 28.82 feet, and a long chord which bears N 55°46'48" W
56.81 feet to a point of tangency;
Thence N 65"30'48" W 115.81 feet to a point of curvature;
Thence along a curve to the right 29.80 feet, said curve
having a radius of 119.00 feet, a central angle of 14°21 '00",
tangents of 14.98 feet, and a long chord which bears N
58°20'18" W 29.73 feet to a point of tangency;
Thence N 51°09'48" W 149.36 feet to a point of curvature;
Thence along a curve to the left 70.57 feet, said curve having
a radius of 257.00 feet, a central angle of 15"44'00", tangents
of 35.51 feet, and a long chord which bears N 59°01'48" W
70.35 feet to a point of tangency;
Thence N 66°53'48" W 146.38 feet to a point of curvature;
Thence along a curve to the right 34.62 feet, said curve
having a radius of 94.00 feet, a central angle of 21 °06'00",
tangents of 17.51 feet, and a long chord which bears N
56°20'48" W 34.42 feet to a point of tangency;
Thence N 45"47'48" W 125.65 feet to a point of curvature;
DEVELOPMENT AGREEMENT (AZ-99-016) - 14
Thence along a curve to the right 114.76 feet, said curve
having a radius of 176.28 feet, a central angle of 3r18'00",
tangents of 59.50 feet, and a long chord which bears N
27°08'48" W 112.74 feet to a point of reverse curvature;
Thence along a curve to the left 145.77 feet, said curve
having a radius of 180.00 feet, a central angle of 46°24'00",
tangents of 77.15 feet, and a long chord which bears N
31°41'48" W 141.82 feet to a point oftangency;
Thence N 54°53'48" W 98.65 feet to a point of curvature;
Thence along a curve to the right 31.65 feet, said curve
having a radius of 160.00 feet, a central angle of 1 1°20'00",
tangents of 15.88 feet, and a long chord which bears N
49°13'48" W 31.60 feet to a point of tangency;
Thence N 43°33'48" W 154.36 feet to a point of curvature;
Thence along a curve to the left 143.46 feet, said curve
having a radius of 563.00 feet, a cental angle of 14°36'00",
tangents of 72 .12 feet, and a long chord which bears N
50°51'48" W 143.07 feet to a point of tangency;
Thence N 58°09'48" W 138.17 feet to a point of curvature;
Thence along a curve to the right 28.43 feet, said curve
having a radius of 40.00 feet, a central angle of 40°43'00",
tangents of 14.84 feet, and a long chord which bears N
37°48'18" W 27.83 feet to a point of tangency;
Thence N 17°26'48" W 137.18 feet to a point on the north
line of the SE I!4;
Thence leaving the centerline of the Creason Lateral, S
89°15'57" E 21.05 feet along the north line of the SE I!4 to a
point;
DEVELOPMENT AGREEMENT (AZ-99-016) - 15
Thence S 17°26'48" E 130.61 feet to a point of curvature;
Thence along a curve to the left 14.21 feet, said curve having
a radius of 20.00 feet, a central angle of 40°43'00", tangents
of 7.42 feet, and a long chord which bears S 37"48'18" E
13.92 feet to a point of tangency;
Thence S 58°09'48" E 138.17 feet to a point of curvature;
Thence along a curve to the right 148.56 feet, said curve
having a radius of 583.00 feet, a central angle of 14°36'00",
tangents of 74.68 feet, and a long chord which bears S
50°51 '48" E 148.16 feet to a point of tangency;
Thence S 43°33'48" E 154.36 feet to a point of curvature;
Thence along a curve to the left 27.69 feet, said curve having
a radius of 140.00 feet, a central angle of II °20'00", tangents
of 13.89 feet, and a long chord which bears S 49°13'48" E
27.65 feet to a point of tangency;
Thence S 54°53'48" E 98.65 feet to a point of curvature;
Thence along a curve to the right 98.89 feet, said curve
having a radius of 200.00 feet, a cental angle of 28°19'49",
tangents of 50.48 feet, and a long chord which bears S
40°43'53" E 97.89 feet to a point;
Thence S 87°56'57" E 91.02 feet to a point;
Thence S 00°49'05" W 102.22 feet to a point;
Thence S 89°13'34" E 1297.90 feet to a point on the westerly
right of way of N. Ten Mile Road;
Thence continuing S 89°13'34" E 25.00 feet to a point on the
east line of the SE 1/4 of said Section 34;
DEVELOPMENT AGREEMENT (AZ-99-016) - 16
Thence S 00°53'33" W 774.06 feet along said east line to the
REAL POINT OF BEGINNING of this description;
Said parcel of land contains 14.237 acres, more or less.
Said parcel of land subject to right of ways or easements of
record or in use.
DEVELOPMENT AGREEMENT (AZ-99-0 16) - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-99-016) - 18
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF ED BEWS,
THE APPLICATION FOR
ANNEXATION AND ZONING
OF 13.79 ACRES FOR TEN MILE
MINI STORAGE, WEST OF TEN
MILE, NORTH OF ENGLEWOOD
CREEK ESTATES, MERIDIAN,
IDAHO
Case No. AZ-99-016
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 October 19, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Becky Bowcutt from Briggs Engineering, and
no one appeared in opposition, and the City Council having duly considered the
evidence and the record in this matter therefore malœs 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for October 19, 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 ofthe external boundaries ofthe property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the October 19,
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 talœs 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
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. The property is approximately 13.79 acres in size. The property
is located west of Ten Mile, north of Englewood Creek Estates. The property is
designated as Ten Mile Mini Storage,
5.
The owner ofrecord of the subject property is Mike King, of 3735 N.
Ten Mile Road, Meridian, Idaho.
6.
7,
Applicant is Ed Bews, of 5204 Sorrento Drive, Boise, Idaho.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of one single family dwelling and accessory buildings.
8.
9.
The Applicant requests the property be zoned as Light Industrial (I-L).
The proposed site of the subject property is located west of Ten Mile
Road, east of Englewood Creek Estates, directly east of the Creason Lateral.
10.
The subject property is bordered to the north, east and west by Ada
County agricultural uses and the city lillÙts of the City of Meridian are adjacent and
abut to the south and southwest of the subject property,
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan,
13.
The Applicant proposes to develop the subject property in the following
manner: by construction and development of a mini storage facility consisting of 9
buildings for a total storage square footage of 164,904 and one single fallÙly
residence/office.
14.
The Applicant request zoning of the subject real property as (Light
Industrial) 11 which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Agricultural/Rural
Residential.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
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:
Adopt the recommendations of the Engineering Department and the Planning and
Zoning Department as follows:
16.1 Applicant shall cause a new legal description to be prepared for the
annexation. The new legal descriptions shall be prepared to be adjacent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
and contiguous to the boundaries of the existing corporate city limits as
described in Ordinance 784(1-6-98). The legal descriptions 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.
16.2 This parcel is shown on the Meridian Comprehensive Plan as being
AgriculturaVRural Residential. The property is adjacent to the Meridian
Wastewater Treatment Plant, Due to the numerous uses that are
currently permitted in the 1-1 zone the use herein granted shall be
restricted to mini storage and attendant uses. Signage may also be
restricted via the development agreement and should be limited to one
4'x8' monument sign as shown on the site plan.
16.3 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.
17.
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. 16, 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 development agreement, a
condition of annexation and zoning designation.
18.
It is found that the 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGfTEN MILE MINI STORAGE
BY ED BEWS
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.
19.
The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
20.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 The consideration ofthe provisions ofthe 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.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests subllÙtted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth,
2004 The application is consistent with Meridian's self identity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
20.5 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,
20.6 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.
20.7 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.
20.8 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
21.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
Service Planning Area as set forth in the City's Comprehensive Plan,
2.
The Council may talœ judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State,
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
4.3
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, 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 governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
404
4,5
4.6
4.7
4.8
4.9
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use ofland through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
4,10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5.
The requested zoning of Light Industrial, (I-L) is defined in the Zoning
Ordinance at 11-2-408 B. 14. as follows:
(I-U Light Industrial: The purpose of the (I-L) Light Industrial District
is to provide for light industrial development and opportunities for
employment of Meridian citizens and area residents and reduce the
need to commute to neighboring cities; to encourage the development of
manufacturing and wholesale establishments which are clean, quiet and
free of hazardous or objectionable elements, such as noise, odor, dust,
smoke or glare and that are operated entirely or almost entirely within
enclosed structures; to delineate areas best suited for industrial
development because of location, topography, existing facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
relationship to other land uses, This district must also be in such
proximity to insure connection to the Municipal Water and Sewer
Systems of the City of Meridian. Uses incompatible with light industry
are not permitted, and strip development is prohibited.
6,
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
this Section lists the uses allowed in the various zoning districts of the City; that mini
storage is listed as permitted uses in the Light Industrial (I-L) District.
7,
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a mini
storage facility on this parcel of land,
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 meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Slõction 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.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
11.
Section 11-2417 D of the Zoning and Development Ordinance provides
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
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.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately
13.79 acres to Light Industrial Zone (I-L) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 13.79 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 are not met by the Developer that the property shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development to-wit:
3.1
3.2
4.
This parcel is shown on the Meridian Comprehensive Plan as being
AgriculturaVRural Residential. The property is adjacent to the Meridian
Wastewater Treatment Plant, Due to the numerous uses that are
currently permitted in the I-L zone the use herein granted shall be
restricted to mini storage and attendant uses. Signage may also be
restricted via the development agreement and should be limited to one
4'x8' monument sign as shown on the site plan.
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.
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 ofthe application to (I-L) Light Industrial (§ 11-2-408
B 14 of the Revised and Compiled Ordinances of the City of Meridian).
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 § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in
accordance with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
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
:l ¡¿IJ
day of
AIove~6.flr
,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED æbJ~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTEDp
COUNCILMAN CHARLIE ROUNTREE
VOTED -#!=-cc...
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 1/-J7-qr
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEWS
MOTION:
APPROVE~ DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney,
BY~~~c;
ty Clerk
Dated: / /--.J- tic¡
ms¡¡lZ:\Work\M\Meridian 15360MIBewslAZFfCis
FINDINGS OF FACT AND:CONCLUSIONS OF LAW - Page 14
AND DECISION ANpORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE
BY ED BEW8.
,_.............