Murasko, Michael & Michelle AZBEFORE THE MERIDIAN CITY COUNCIL
MICHAEL AND MICHELLE MURASKO
APPLICATION FOR ANNEXATION AND ZONING
A PORTION OF THE SE 1/4 OF SECTION 8, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO
NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing before the Meridian Planning and Zoning
Commission on January 16, 1997 at the hour of 7:00 o'clock p.m.,
and also for public hearing before the Meridian City Council on
March 18, 1997, both at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, a representative of the Applicants, Reith
Loveless, hereinafter referred to as the "Representative,"
appearing in person, the Planning and Zoning Commission and the
City Council of the City of Meridian both having duly considered
the evidence and the matter makes the following Findings of Fact
and Conclusions of Law:
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 both of said public hearings, the Planning and Zoning
hearing scheduled for January 16, 1997, and the City Council
hearing scheduled for March 18, 1997, the first publication of each
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notice being published for fifteen (15 ) days prior to said hearing;
that the matter was duly considered at the January 16, 1997, and
March 18, 1997, hearings; that the public was given full
opportunity to express comments and submit evidence; and that
copies of all notices were available to newspaper, radio and
television stations.
2. The property included in 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 5.46 acres in size.
3 The property is presently zoned by Ada County as RT,
Rural Transitional, and is vacant land. The Applicants request the
property be zoned I -L, Light Industrial. The Applicants have
requested the annexation and this zoning, and the application is
not at the request of the City of Meridian.
4. The property is presently vacant and the Applicants do
not presently propose a project with the property or propose a
change in the land use at this time.
5. The property is north of Franklin Road and west of Eagle
Road. The property is south of and borders an existing industrial
subdivision.
6. Ada County Highway District (ACHD) submitted comments and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full, and some of which are
more particularly set forth as follows. ACHD made a special
recommendation to ITD (Idaho Transportation Department) that the
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Applicants should not have any direct lot access to Eagle Road.
ACHD made several site specific requirements, which included that
there be compliance with requirements of ITD for State Highway 55
(Eagle Road) frontage; that a letter from ITD be submitted to ACHD
regarding said requirements prior to ACHD approval of the final
plat or issuance of a building permit (or other required permits),
whichever occurs first; that access to Franklin Road is restricted
within 440 -feet of Eagle Road; that a driveway located a minimum of
440 -feet from Eagle Road may be restricted to right turns in the
future if an interchange is constructed at the Franklin/Eagle Road
intersection.
7. Bruce Freckleton, Assistant to the City Engineer,
submitted comments which comments are incorporated herein as if set
forth in full. His comments included that the legal description
submitted with this application for Annexation and.Zoning appears
to meet all of the criteria required by Meridian City Resolution
#158, and the Idaho State Tax Commission; that sanitary sewer
service to this parcel is not available at this time; that plans
have been developed by Ron Van Auker for the extension of sewer
into the area, however easements have not been obtained nor have
they obtained full plan approval; that water service for this
parcel could be from an existing main adjacent to the east of the
site in Eagle Road; that the legal description submitted with this
application places this parcel adjacent to the south of Olson &
Bush Industrial Park, approximately 270 feet from the Lanark Street
right-of-way, and approximately 170 feet north of the Franklin Road
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right-of-way; that direct right-of-way access to the property from
North Eagle Road is prohibited according to Dan Cantrell, Right -Of -
Way agent with the Idaho Transportation Department; that the
Applicants have made a directive to their engineer in their
authorization to act on their behalf to "make sure that we shall
have a legal right of way off of Franklin and Lanark Street for
commercial use. There is no point in annexing if there are no
right of ways."; and that from the information provided in the
application, there does not appear to be any contiguous public
right-of-way other than North Eagle Road.
8. Shari Stiles, Planning and Zoning Administrator,
submitted comments which comments are incorporated herein as if set
forth in full. Her comments included that this annexation and
zoning request is in general compliance with the Meridian
Comprehensive Plan; that the parcel was part of an illegal lot
split that was made in Ada County; that the other portion of the
property was annexed as the Baskin/Green property; that the western
most parcel fronting Franklin Road was split off from this parcel,
which lies below the ridge adjacent to the Olson & Bush Industrial
Park; that an easement has been granted from Franklin Road to
access this property, and no direct access is allowed from Eagle
Road; that the site is shown on the Generalized Land Use Map of the
Meridian Comprehensive Plan as Commercial and Industrial; that this
may eventually be tied to the stub street being provided in Phase
2 of the Olson & Bush Industrial Park; that the intersection of
Eagle Road/Franklin is destined to be developed as an urban
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interchange with grade -separated approaches; that access on
Franklin Road will be limited to one access a minimum of 660 feet
west of the intersection; that all ditches are to be tiled in
accordance with Meridian City Ordinance unless a variance is
granted; that landscape setbacks are required on Eagle and Franklin
Roads; that a thirty-five feet (351) setback shall be provided on
Eagle Road; that the Applicants dedicate any additional right-of-
way on Eagle Road prior to obtaining building permits/certificates
of occupancy; that Applicants furnish a copy of recorded warranty
deed for dedication of additional right-of-way prior to obtaining
building permits; that, as no use is proposed, all uses shall be
governed under the conditional use permit process, which is
particularly important because of the problems of access to the
site and aesthetics of this entrance -corridor property; that
currently, there exists only an easement from Franklin Road, and an
easement from Lanark Street; that the easement from Eagle Road
through Lanark Street was granted to the previous owners; that the
previous owners executed a quit -claim deed to the present owner for
the Eagle Road access through property owned by Ted Sigmont; that
it is questionable whether this access is feasible for any use;
that storage units could possible be one of the few uses compatible
with such existing access; that the property will be extremely
limited in usability because of the restrictive access; that there
appears to be no legal frontage for the property; that the
application indicates the property is currently vacant, however,
there is a structure of some kind currently on the property; that
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the Applicants previously requested a building permit from Ada
County for construction of a residential unit on the property; that
it is assumed that the response to Item 15 of the application
refers to the Land Use section, pages 24 and 25, of the
Comprehensive Plan, although the intent of this response is
unclear; and that a development agreement shall be required as a
condition of annexation and additional site requirements will be
detailed during the conditional use review process.
9. The Meridian Police Department, the Meridian Fire
Department and the Central District Health Department submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full.
10. The Nampa & Meridian Irrigation District submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full. Its comments included that its Snyder
Lateral courses through the project; that the right-of-way of the
Snyder Lateral is 40 feet, 20 feet from the center facing
downstream; that the developer must contact John P. Anderson or
Bill Henson for approval before any encroachment or change of
right-of-way occurs; that it requires a Land Use Change/Site
Development application be filed for review prior to final
platting; that all lateral and waste ways must be protected; that
all municipal surface drainage must be retained on site; that if
any surface drainage leaves the site, it must review drainage
plans; that the developer must comply with Idaho Code Section 31-
3805; and that it recommends that irrigation water be made
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available to all developments with the Nampa & Meridian Irrigation
District.
11. The Representative stated that their is no project for
the property; it is strictly a bare land annexation. The
Representative further stated that they have no problems with the
comments submitted by the agencies.
12. There was a discussion between Commissioner Borup and the
Representative concerning a right-of-way access to Franklin Road.
The Representative stated that the right-of-way to Franklin Road is
a maybe dependent upon the neighbors, but he thinks in the long
term development such right-of-way access will occur. The
Representative stated that the Applicants want to proceed without
a right-of-way access to Franklin Road; that they have access to
Lanark Street via a permanent easement. The Representative
explained that the easement to Lanark Street was put together when
ITD (Idaho Transportation Department) widened Eagle Road and ITD
purchased the easement for the property. The Representative stated
that the right-of-way to Lanark Street is 50 to 60 feet in width,
but he would have to review his documents to recall the exact
width.
13. There was a discussion between Commissioner Oslund and
the Representative about ACHD's comments of a study for an
interchange location on Eagle Road, the Applicants' easement to
Franklin Road and the potential of the property being land locked
with access. The Representative stated that the Applicants are
not sure whether they have an access easement to Franklin, but they
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have access to Lanark Street, and Lanark Street will not be shut
off by an interchange or improvements.
14. Ted Sigmont stated to the Commission his opposition to
the annexation of the property based upon an inability to provide
utility services to the property.
15. Dale Ownby stated to the Commission that there is a
recorded easement for the property which runs from the property
south to Franklin Road. This easement allows for any type of
utility; sewer line, water line, telephone line, electric lines;
which are needed. Mr. Ownby further stated that Mr. Sigmont was
correct that their is the easement across his property; it is not
over property of the state of Idaho.
16. Brad Miller stated to the Commission his objection to the
annexation of the property based upon an inability to access the
sewer line. Mr. Miller stated that notwithstanding the easement to
which Mr. Ownby testified allows for sewer, the sewage cannot flow
up hill and the easement across Mr. Sigmont's property is for
ingress and egress only, not for utilities. Mr. Miller further
stated his objection based upon a lack of adequate access to the
property.
17. With regard to the availability of sewer to the property,
the Representative stated that once the sewer goes down Lanark
Street and crosses Eagle Road to Mr. Van Auker's proposed project
on the east side of Eagle Road, that the Applicants would have no
problem acquiring an easement from the state of Idaho to run sewer
within the Eagle Road right-of-way; that the Applicant's will not
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need to use Mr. Sigmont's property. The Representative
acknowledged that sewer service is a problem until it gets down
Lanark Street.
18. There were no other comments by the public regarding this
application.
19. The property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
20. The property requested to be annexed is presently
included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan and in the Meridian Area of Impact.
21. The property cannot presently be physically serviced with
City sewer, but water is available from an existing water main in
Eagle Road.
22. The following pertinent statements are made in the
Meridian. Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic
Development Goal Statement.
1. Policies
1.1 The City of Meridian shall make every effort
to create a positive atmosphere which
encourages industrial and commercial
enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to
set aside areas where commercial and
industrial interests and activities are to
dominate.
1.3 The character, site improvements and type of
new commercial or industrial developments
should be harmonized with the natural
environment and respect the unique needs and
features of each area.
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1.5 Strip industrial and commercial uses are not
in compliance with the Comprehensive Plan.
1.8 The City of Meridian intends to establish a
Design Review Ordinance which will foster
compatible land use and design within the
development, and with contiguous developments;
and encourage innovations in building
techniques, so that the growing demands of the
community are met, while at the same time
providing for the efficient use of such lands.
COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19.
23. The following pertinent statements are made in the
Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES.
3.1 Industrial development within the urban service
planning area should receive the highest priority.
3.3 Access to industrial areas from collector and local
streets will be discouraged.
3.4 Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
3.6 Industrial areas should be located within proximity
to major utility, transportation and services
facilities.
3.7 Industrial uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
should conform to disposal, spill and storage
measures as outlined by the U.S. Environmental
Protection Agency.
3.8 Industrial uses which require the storage or
production of explosive or toxic materials should
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be excluded from any area which has a potential of
flooding from natural runoff or canal breakage.
3.9 Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff water.
3.10 Industrial uses should be located where adequate
water supply and water pressure are available for
fire protection.
3.11 Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Council or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.
Eastern -Eagle Road Light Industrial Review Area.
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone.
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
3.17U It is the policy of the City of Meridian to
encourage and promote light industrial
development in the Eastern Light Industrial
Review Area.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25.
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24. In the Meridian Comprehensive Plan under TRANSPORTATION,
Franklin Road, East of Meridian Road, and Eagle Road, North of
Overland Road are designated as Principal Arterials. See
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43.
25. In the Meridian Comprehensive Plan under COMMUNITY
DESIGN, Entryway Corridor, Franklin Road (East and West entrances)
and Eagle Road (East and West entrances) are designated gateway
arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72.
The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following
statements under COMMUNITY DESIGN relative to entrance corridors:
Entrance Corridors Goal Statement
Promote, encourage, develop and maintain
aesthetically -pleasing entrances to the City of Meridian.
4. Policies
4:1U Jointly plan entryway corridors to Meridian
with Nampa and Boise.
4.2U Support ACHD corridor development standards
for the entryways to the City.
4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73.
26. The property is included within an area designated on the
Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY
OF MERIDIAN as a Light Industrial.
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27. The requested zoning of Light Industrial (I -L) is defined
in the Zoning Ordinance at 11-2-408 B. 14. as follows:
lI-L1 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
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.
28. That at the City Council hearing there was discussion
between the Mayor, City Councilmen, City Engineer, City Attorney,
and the Representative of the Applicant, Reith Loveless, that
pertained to annexation of land into the City and the requirements
of the City dealing with construction and placement of City sewer
and water facilities, when such facilities should be constructed,
that if such facilities are not constructed the land should not be
annexed, or if already annexed, it should be de -annexed, and which
entity, the annexation applicant, the person or entity that desired
the services, or the City, had the responsibility to pay the cost
of construction, gaining and/or paying for easements, and/or access
to and for the sewer and/or water lines.
29. That the Water and Sewer Ordinances of the City state, in
5-124, 5-124A, 5-124B, 5-140 and 7-527, 7-527A, and 7-527B, state
that it shall be the property's owner, or the owner's agent, who
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has the responsibility to pay for the cost of the extension of
water or sewer lines and facilities, whether the extension is on
the property or outside of the property.
30. That all owners, subdividers, and/or developers, of land
in the City of Meridian have been in the past, and are now,
required to construct and place sewer and/or water lines and
facilities to serve the land that they owned or were developing,
and pay for all cost of construction, permits, licensing, obtaining
access or easements, and any other cost; that such construction
and/or placement of sewer and/or water lines has been required to
be done at the time that the property is developed or a use is
desired to placed on the property.
31. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicants' property.
2. The City of Meridian has authority to annex land pursuant
to Idaho Code, Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian. The exercise of
the City's annexation authority is a legislative function.
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3. The Planning and Zoning commission has judged this
annexation and zoning application under Idaho Code Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4. All notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
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 of Idaho Falls, 105
Idaho 65, 665 Ptd. 1075 (1983).
9. The development of annexed land must meet and comply with
the Ordinances of the City of Meridian and in particular Section
11-9-616, which pertains to development time schedules and
requirements; Section 11-9-605 M., which pertains to the tiling of
ditches and waterways; and 11-9-606 14., which requires pressurized
irrigation.
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10. The Applicants stated no proposed use of the property;
therefore it cannot be determined if the use would be in compliance
with the Comprehensive Plan, however any uses would have to comply
with the Zoning Ordinance.
11. The City adopted the Comprehensive Plan at its meeting on
January 4, 1994, and has not amended the Zoning Ordinance to
reflect the changes made in the Comprehensive Plan. Thus, uses may
be called for or allowed in the Comprehensive Plan but the Zoning
Ordinance may not address provisions for the use. It is concluded
that upon annexation, as conditions of annexation, the City may
impose restrictions that are not otherwise contained in the current
Zoning and Subdivision and Development Ordinances.
12. The Applicants have not stated or represented their
intention as to development. It is therefore concluded, as a
condition of annexation and zoning, that any use or.development of
the property shall only be allowed under the conditional use
process.
13. It is concluded that the City could annex the property
and zone it (I -L) Light Industrial, but once the property was zoned
(I -L) Light Industrial, the Applicants could place many different
uses on the property without additional approval from the City
other than building permits, which limits the control that the City
should have over the development and the uses of the property due
to the mandates of the Comprehensive Plan.
14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under
LAND USE, Eastern -Eagle Road Light Industrial Review Area in 3.14
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and 3.16U, at page 25, that the character, site improvements and
type of light industrial developments should be harmonized with the
residential uses in the area; that land uses in the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; and that because the City should have
control over any uses that are to be placed on the land, it is
therefore concluded that development of the property shall be under
the conditional use permit process.
15. It is concluded that the property should be annexed and
zoned (I -L) Light Industrial, but only capable of being developed
under the conditional use permit process.
16. As a condition of annexation and the zoning of (I -L)
Light Industrial,. the Applicants shall be required to enter into a
development agreement as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address, among other things,
the following:
a. Inclusion into the development the requirements of
11-9-605;
b. Payment by the Applicants, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
C. Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d. An impact fee, or fees, for park, police, and fire
services as determined by the City;
e. Appropriate berming and landscaping;
f. Submission and approval of any required plats;
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g. Submission and approval of individual building,
drainage, lighting, parking, and other development
plans of the property;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Establishing the 35 foot landscaped setback
mentioned in the Comprehensive Plan and landscaping
the same;
j. Addressing the comments of the Planning Director,
Shari Stiles;
k. The sewer and water. requirements;
1. Traffic plans and access into and out of any
development; and
m. Any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing.
17. Section 11-2-417 D of the Meridian Zoning Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate for a
development agreement to be entered into when plans for development.
of the property are determined, and therefore as a condition of
annexation a development agreement must be entered into prior to
development of the property or issuance of final plat approval.
18. It is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
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is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de -annexed.
19. The requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Administrator, Central
District Health Department, and the Nampa & Meridian Irrigation
District, shall be met and addressed in a development agreement.
20. All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de -annexation.
21. Pressurized irrigation shall be installed and
constructed, and if not so done the property shall be subject to
de -annexation.
22. The Applicants shall be required to connect the property
to Meridian water and sewer, extend the water and sewer lines 'to
serve.the property, and resolve how the water and sewer mains will
serve the property, all such things at Applicant's, or their
successor's, or successors' cost; the previously- mentioned water
and sewer requirements shall be performed on or before the time
that the Applicants or their successor, or successors, desire to
use the property or place a user on the property.
23. The development of the property shall be subject to and
controlled by the Zoning and Development Ordinance and the
development agreement, and it shall only be developed under the
conditional use process.
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24. These conditions shall run with the land and bind the
Applicants and their successor or successors in interest, assigns,
heirs, executors or personal representatives.
25. With compliance of the conditions contained herein, the
annexation and zoning of the property as (I -L) Light Industrial
would be in the best interest of the City of Meridian.
26. If these conditions of approval are not met, the property
shall not be annexed, or if already annexed, it may be de -annexed
by the City.
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.. a.5 a -n ert de ilJ 6-t a -u a rE'.!'fi car 6x�
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED ;.
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
The Meridian City Council of the City of Meridian hereby
decides that the property set forth in the application should be
approved for annexation and zoning under the conditions set forth
in these. Findings of Fact and Conclusions of Law; that if the
Applicant is not agreeable with ,these Findings of Fact and
Conclusions and/or is not agreeable with entering into a
development agreement and adopting covenants, conditions and
restrictions, the property should not be annexed. There shall be
no development or use whatsoever of the property set forth in the
Application for anything other than, and a part of, a Mixed Planned
Development. All uses of the land must first be approved under the
conditional use process.
MOTION:
APPROVED J&�DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
MURASKO