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RC Willey Home Furnishing AO~ g~~"TY.RECORDER '3;J ~ ~ECORDED- REQUEST 0" 'ea¡~F.'ttx~§RO I{'-- /Î ' ZOO, DCJl / : 01'3 fELT-DEPUTY~ DEVELOPMENT AG E~Nj8 ~I 0 II 08537 . City of Meridian R.c. Willey Home Furnishings, R.c. Willey Home Furnishings, Inc., a Utah Corporation THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 'of!! day of ~r ,Zoo/ ,by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and R. C. WILLEY HOME FURNISHINGS, R. C. WILLEY HOME FURNISHINGS, INc., a Utah Corporation authorized to do business in Idaho as a foreign corporation, hereinafter called "DEVELOPER", whose address is 2301 S. 300 W., Salt Lake City, Utah 84115. PARTIES: I. 2. I. RECITALS: l.l 1.2 1.3 1.4 1.5 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, Lc. §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 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and zoning of land; and WHEREAS, "Developer's" predecessor in interest has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C- G), (Meridian City Code); and WHEREAS, "Developer's" predecessor made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 1 1.9 Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 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 1.7 WHEREAS, City Council, the 6th day of August, 1994, 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 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes 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 government subdivisions providing services ...vithin 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 2l, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 2 Ordinances codified in Meridian City Code Title Il and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractUal and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 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 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 R. C. Willey Home Furnishings, R. C. Willey Home Furnishings, Inc., a Utah Corporation authorized to do business in Idaho as a foreign corporation, whose address is 2301 S. 300 W., Salt Lake City, Utah 84115, 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. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 K which are herein specified as follows: DEVELOPMENT AGREEMENT Rc. WILLEY HOME FURNISHINGS, INc. (5.14.1) - 3 COG General Retail and Service Cornmercial: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are autO and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. Construction of a retail/warehouse at the northeast corner of Eagle and Franklin Roads. 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 "Propeny" in accordance with the following special conditions: 6.1.1 The Developer shall dedicate additional right-of-way on Eagle Road and Franklin Road. 6.1.2 A total of 180 three-inch caliper trees are required for the project for the paved areas shown on the "Site Plan", Staff additionally requests trees be placed along the frontages on Eagle Road and Franklin Road to provide a more aesthetically pleasing appearance along the entrance corridors. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INc. (5.14.1) - 4 6.1.3 Lighting shall not impact adjacent residential neighborhoods and traveling public. 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 "Propeny" 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 "Propeny" subject to and conditioned upon the following conditions precedent to-wit: 8.l 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: lO.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 by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT R.c. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 5 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. II. 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 "Propeny" 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 "Propeny" 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.l 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 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 R.C. WILLEY HOME FURNISHINGS, INc. (5.14.1) - 6 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 Meridian City Code §12-5-3, 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". l6. 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. l7. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 R. C. Willey Home Furnishings R. C. Willey Home Furnishings, Inc., a Utah Corporation authorized to do business in Idaho as a foreign corporation 230l S. 300 W. DEVELOPMENT AGREEMENT R.c. WILLEY HOME FURNISHINGS, INc. (5.14.1) - 7 Salt Lake City, Utah 84115 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written .notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including"City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had detennined that "Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INc. (5.14.1) - 8 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.l 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. 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 "Propeny" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) -9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. R. C. WILLEY HOME FURNISHINGS R. C. WILLEY HOME FURNISHINGS, INc., a Utah Corporation BY ~#~ . am Child,~ Developer ?t.Þ'fT' (... ~""'M e..£D Attest: Patricia Child, Secretary BY RESOLUTION NO.-,--- CITY OF MERIDIAN ~/m)ved-I;,'j Attest: DEVELOPMENT AGREEMENT R.e. WILLEY HOME FURNISHINGS, INe. (5.14.1) - 10 STATE OF UTAH ) :ss COUNTYOF~ ~@@m1 ~(QJ[P)W onthis2daYOf~. ,intheyearlmL,before M-L me, a Notary Public, personallyappe;:e81r;i~~~~:~:r:cl IGotfieia Cj;¡ilcl, . known or identified to me to be the . of R. C. Willev ~~ Home Furnishings, R. C. Willey Home Furnishings, Inc., who executed th~ instrument or the persons that executed the instrument on behalf of said corporation, and acknowledged to me having executed the same on behalf of said corporation. (S " PAMELA B. MOSER \ NOTARY PI1BUC . STATE 0/ UTAH I3ÐI SOU11f soo WEST IIAI.T lAKE em; UT 84118 COMM. EXP. JUlY 12, 2004 ~u~~ Commission expires: 1 ( 1-z1¿J'1 STATE OF IDAHO County of Ada On this :ss ) /; fit day of ðó-hbt."r , in the year ~OO/, 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. _.............~ ...~~c.ß L. 8~- i' ,..~ <or",;.. ~... ~ i 1\OTA-tJ- . ¡¡* -~*! (SEAL)\ tÞ. þ(f81.\(.~= '- ;; :--... +0 -";.."~ Of \1)-- "".......... ffisgiZ:\Work\M\Meridian 15360M\R.C. Willey\DevelopAgmt DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INc. (5.14.1) -II EXHIBIT A Legal Description Of Property Northeast comer of Eagle Road and Franklin Road, Meridian, Idaho. A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R I.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO ALSO KNOWN AS TAX PARCEL # S1109336340 WHICH IS ABOUT 20.443 ACRES DEVELOPMENT AGREEMENT R.e. WILLEY HOME FURNISHINGS, INe. (5.14.1) -12 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISlllNGS, INC. (5.14.1) - 13 Å@(Q)J BEFORE THE MERIDIAN CITY COUNCIL RONALD VAN AUCXER ANNEXATION AND ZONING A PORTION OF THE ~~ 1/4 AND THE SE 1/4 OF SECTION 9. T. 3.N.. R. I.E.. BOISE. MERIDIAN. ADA COUNTY. IDAHO MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above .entitled matter having come on for public hearing August 6, 1994, at the hour of 7:30 o'clock p.m., that James R. Jones representing the Petitioner appeared in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 6, 1994, hearing; 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. That the property included in the ap,::lication for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is Vþ~ AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 approximately 172 acres in size. That t~e property is presently zoned by Ada County as M-l Industrial and RT Rural Transition residential; that the Applicant requests that portions of the property be zone TE Technical District, I-L Light Industrial and C-G Ganeral Retail and Sa~vice Commercial; that no specific use for the property was presented but it was stated that it would be platted later. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 4. 5. That the property is now adjacent and abutting to the present City limits. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. 6. Mayes and Car:nen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin-Eagle Joint Venture, VJ Joint Venture, and G/D Partners, an Idaho Ganeral Partnership and they have consented to the application and have requested this annexation an¿ zoning an¿ the application is not at the request of the City of Meridian. 7. Ada County Highway District (ACED), Gary Smith, Meridian City Engineer, Meridian police and Fire Departments, Shari Stiles, Meridian planning Director, Central District Heal tn Department, Idaho power and the Nampa-Meridian Irrigation District submitted comments and such are incorporated herein asi£ set forth in full. 8. Chuck Leihe of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the A9plicant was also interested J..:J. a Vþ~ AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 . school in the area; that Mr. Jones had indicated that the Applicant had made arrangements with the School District that a middle school would be build in the area. 9. There were property owners in the area of the propcsed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application; that the testimony was basically as follows: a. b. c. d. Pat Nation was aaainst the annexation because it was adjacEnt to her farn and she likes her well and the se,.¡er facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she raises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. Rich Allison testified that Mr. VanAuker had .been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. Carl Hatvani testified concerning the ditch problems that he had had in the area. Mike Shrewsberrf testified that he wanted the Commission to know that this was only an annexation and that platting would be some time lãter and that there would be no interference with agricultural practices. that there was also testimony at the City Council hearing, which is basically as follows: 1. James Jones, the Applicant's representative testified about the property and showed pictures of developments that Ron VanAucker had develoced; that the land was not in a mixed planned use area as"stated in the Planning and Zonina Commission Findinas of Fact and therefore the conditions that are placë"d on land that is in a mixed planned use area should not apply to this lënd; he stated that it was in an Industrial Review ~Jea; that he was as concerned as the City was about serne things that have haccened in one of the areas zoned light industrial; he prë90sed that if there are uses that the City does not Vþ~ AUKER FINDINGS OF FACT & CONCLUSIONS OF ~Jfi PAGE 3 2. 3. want to see built the~e they would stinulate that those uses would not be built th;~e if it wås aGreeable with them; he offered a schedule of uses that h~ said listed the pe~itted and conditional uses in the Liaht Industrial zone from the c~~ent Me~idian zoninG Ordinance with a fe~v SUGGested chancres and asked the Cit"; Council to reyiew thisOand mark it as to how the Cit~T would like to limit the Applicant's uses. - Rich Allison testified basically the way that he did at the Plar.rlina 'and zoninG Bearina but-added that he suppcrted the Applicant ~ot havi~g to get conditional uses. Ron VanAuke~ testified that all of the property was not his; .that the Gene~al Se-rvice Administration was a proposed user; that he percei'Ted the conditional use requireJI\ent a::' unnecessary; that. the conditional use procP.dure adds '~ncertainty to developmeTIt, a lot of deiay in development, and t:he prospective tenants are not willing to wait: he stated that all of the 'lses would not necessarily be inside; that outside uses would be of concern to the City and that they may work with the City on the outside uses¡ that he would do conditions, covenants and restriction and would use them to protect the City. 4. JLm Kessle~ testified that he was a typical teTIant; that he wanted to avoid the conditional use process. .5 . Ca~en ~sves testified that the~e were too many requirements on the aDDlication¡ that: conditional uses we~e a scane do at for ~hat is not a listed use and it is usëd to discriminate; that she auestioned the tilinG of wëterways¡ and that she was in f~vor of the ~~plication. 6. Dwain Edmonds stated that he ha~ a l5,~OO souare foot machlne shop on five acres, that a conditional-use would bë a bad re~~irement. Î. John Jackson stated that he owned property to the north of the Applicant's property and was not part of the Applicant's development. 8. Corn~ll Larsen testified that he was a realtor; that he eTIcouraged that City not t:o use conditional uses; that Ada County ¿ces not reouire c::màiticnal uses; that the cos~ to the City to usë conditional uses would be verT high. . - 9. Mike Ford stated tiat he was a r~al estate manager for VF~ AGXER FINDINGS OF FACT & CONCLUSIONS OF L~W P_~GE 4 10. 10. Ron Yankee; that 1<1.:r. Yankee was not part of the 1 ï2 ac=es; that he was concer:¡¡ed that the conàitional use requirement would car=yover to Mr. Yankee's land. Chris Nelson stated that he represented "Canvass" which owns land on Commercial St=eet which is north of the subject property; that conditional use were not good. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. is That the parcel of ground requested to be annexed presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Se:!:"vice Planning jl.:rea is defined in the Meridian Comprehensive Plan. That the property can be physically serviced with City 12. water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. experiencing a substantial That Meridian has, and is, amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial, and industrial nses. 14. That the following pertinent statements are made in the Meridian Comprehensive plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRL~~ POLICIES, it states in part as follows: 3.1 Industrial develocment within the urban se:!:"vice planning area shouid receive the highest priority. 3.4 Industrial development should be encouraged locate adjacent to existing in¿us~rial uses; to 3.5 Indust=ial areas should be located within proxL~ity Vjl~ AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 3.9 to major utility, facilities. transportation and se~Tices Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse Uncacts ucon the Ci tv se~,¡er treatment facility and-irrigatèd lands that-receive industrial r~noff. 3.10 Industrial uses should be located '",here adequate water supply and water pressure are available for fire protection. and under the Eastern-Eaale Road Light Industrial Review area is stated as follow~: 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. 3.1 ï It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review p~ea- B. Under ECONOMIC DEVELOPMENT, Statement Economic Development Goal Policies, Page 19 1.1 1.2 1.3 1.5 of Meridian shall make e'1"ery effort to positive atmosphere which encourages and commercial enterprises to locate in The City create a industrial Meridian. It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. The character, site improvements and type of ne~'¡ commercial or industrial develocme!lts should be harmonized with the natural envirõnme!lt and rescect the unique needs and features of each area. - Strip industrial and commercial uses are compiiance with the Comprehensive Plan. in net 15. That the property is included within an area designated on the Generalized Land USE Map in the Meridian Comprehensive Plan VP~ AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6 well as retail sales for the transient and pe~ent motorincr public. All such districts shall be connected to th'; Municipal Water and Sewer Systems of ~~e city of Meridian, and shall - not constitute st-::'iD commercial - de'relocment and encourage ciustering of commërcial de~elopment- - (TE) Technical District: The purpose of the (TE) District is to penni t and encourage the development of a te<::!mological park, including research and de~elopment centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must .also be in such proximity to insure connection to the Municipal Water and Se~.¡er systems of the City of Meridian for domestic requirements. The district is further desianed to act as a buffer between i!lè.ustrial and highway uses ~d other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. ( I - L) Light Industrial: The purpose of the (I -I.) Light Industrial District is to provide for light L~àustrial de~elopment and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neiahborina cities; to encouracre the development of man~facturing and wholesale establi~hments 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 alJnost entirely within enclosed structures; to delineate areas best s~ited for industrial development because of location, topography, existing facili ties and relationshiD to other land uses. This district must also be in such proxbnity to insure connection to the Municipal Water and Sewer systems of the c~ty of Meridian. Uses incomDatible with liaht industr7 are net permitted, and strip development is prohibited: 1 ï . That in 1992 the Idaho State Legislature passed VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 amendments to the Local Planning Ac~, which in 6ï-6=~3 Iòaho Coåe, relating to subåivision oråinances, states as follows: "Each such ordinance mav crevi¿e for mitiGation of the effects of subåivisian develõp~en~. an the ability of political subài'Tisions of the state, incluàing school àistric~s, to àeliver services without comcromisina aualit7 of serJ"ice åelivery to current resiàeñts or - imposing- substantial adàitional costs liGOn current residents to accommoàate the subàivision."¡ - that the City of Meridian is concerned with the increase in development that is occurring anà with its impact on the City being able to proviàe fire, police, emergency health care, water, sewer, parks anà recreation services to its current resiàents anà business and to those moving into the city¡ the City is also concerned that the increase in commercial anà inàustrial àevelopment is bringing in more population anà is burdening the schools of the Meriàian School District which proviàe school serJ"ice to current anà future resiàents of the City; that the City knows that the increase in population, anà the housing for that ¡;Jopulation, åoes not sufficiently increase the tax base to offset the cost of proviàing fire, police, emergency health care, water, se,.¡er, parks anå recreation services; and the City knows that the increase in population àoes not provide sufficient tax base to proviàe for school services to current anà future stuàents; that the increase in commercial anà inàustrial which might locate in this annexation woulà be helpful. 18. That ¡;Jursuant to the instruction, guiåance, and direc~ion of the Iàaho State Legislature, the City m2.Y impose either a àevelopment fee or a transfer fee on residential property, which, VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF ~~ PAGE 9 if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-~05 C states as follows: "Right-of-',¡ay for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten fe<:t (10') wide." 20. That Section 11-9-~05 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial llses to screen the view from residential properties. Such scre<:ning shall be a minimum of twenty fe<:t (20') wide, and shall not be a part of the normal street right of way or lltility easement." 21. That Section 11-9-~05 H 2. states as follows: "Existina natural features which add value to residential developmént and enhance the attractiveness of the community (such as tre<:s, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-~û5 K states as follows: "The extent and location of lands desiGned for linear o"Cen space corridors should be determined by riatural features añd, to lesser extent, by man-made features such as utili ty easements, transportation rights of way or water rights of way, Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or 1lIlimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect par:-- and open stJace svstems ',¡ithin rights of way for trails, walkways, blcycl;ways; 3. To play a major role in conserving area scenic and VF~ AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10 4. 5. 6. 23. natural value, espeçially natural habitat; drainages and water-,.¡ays, To buffer more intensive adjacent ur~an land uses; To enhance local identification within the area due to the internal linkages; and To link residential neiahborhoods, recreation facilities." ~ park and areas That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within ne~Ÿ developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments," 24. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage de'7elopers of development and constr.lction projects to utilize provisions of this Seçtion to achieve the following: land the 1. 5. 25. A develoDment. pattern in accord with the goals, objective; and policies of the Comprehensive Plan; A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present which Zoning Ordinance provides for only industrial zone one is Light Industrial and which authorizes all Zone the industrial uses if allowed; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heavy industrial zone. VÞ-N AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 26. That proper notice was given as required by law and all procedures before the City Council and City Council were given and followed. CONc.USIONS L That all the procsdural require!llents of the Local Planning Act and of the Ordinancss of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the exte=al boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Re'TÍsed and Compiled Ordinances of the.City of Meridian; that ~~ercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65 r Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That 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. That the Council may take jUdicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City l~ts of the City of Meridian, and vp..N AUKER FINDINGS OF FACT & CONCLUSIONS OF UW PAGE 12 the annexation would not be a shoestring annexation. i. That the annexation application ha~ been initiated by the Applicant with the consent of the property ow~e~, anà is not upon the initiation of the City of Me~idian. 8. That since the annexation anà zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls. 105 Idaho 65, 665 P.D 1075 (1983). 9. Th;;.t the devalopment of annexed land must meet and comply wi th the Ordinances of the City of Me~idian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9~605 M., which pertains to the tiling of ditches and waterways anà 11-9-606 14. , which requires pressurized irrigation- That the Applicant shal~ be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and De'Telopment Oràinance; that, as a condition of annexation the Applic~~t shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-41i D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, and L.; that the development agreemen~ shall, as a conåition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any åe'Telopment fee or transfer fee adopted by the city; that there shall be no annexation u~til the requirements of this paragraph are met or, if VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 13 necessar], the prope~ty would be subject to de-annexation and loss of City services, if the requi~ements of this paragraph we~e not met. 10. That the Applicant's proposed use of the prope~y is in compliance with the Comprehensive Plan, and the~efore the annexation and zoning Application is in confo=ance with the Comprehensive Plan. 11. That 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 anne..""!:ation, the City may impose restrictions that are not otherÑise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for development, which is of c::mcern to the City council; that since the Comprehensive plan states that the specific policies for the Eastern-Eagle Road Light Industrial Review Fxea include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eaaie Road Liaht Industrial Review area must be cl~=n, quiet, ~nd free of hazardous or objectionable elements."; therefore, it is concluded, that some means needs to be required so that the City can insure that uses in the area are cle:n, quiet and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14 free from hazardous or objectionable elements and are in ha~ony with the residential uses in the area; that the ZOnL~g Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conàitional uses should not be required as a condition of annexation and zoning; that if the Applicant agrees to have all de'Telopment meet and comply with the amended Zoning Oràinance, even though it will not be adopted until later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G) , Light Industrial (I-L) or as Technological District (T-:::) , as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into development agreements as authorized by 11-2-416 Land 11-2-41ï D; that the development agreement shall address, among other things, the following: 1. Inclusion into the de'7elopment of the requ; ""'ements of 11- VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF L~W PAGE 15 2. 3. 4 ~ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 9-605 a- C, Pedestrian Walkways. b. G 1, Plantina Strips. c. E, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. Addressing the subdivision accsss linkaae, scrsening, buffering, transitional land uses, traffic study and recreation services. An impact fee to help acquixs a future school or park sitss to serve the area. An impact fee, or fees, for park, services as determined by the city. police, and fire Appropriate herming and landscaping. Submission and approval of any required plats. sQ.Òmission and approval of individual building, drainaae, lighting, parking, and other development plans under the. Planned Development guidelines. Harmonizing and integrating the site improvements with the existing development. Establishina the 35 foot landscaped setback recruired under the C~mprehensive plan and lãndscaping the šame. Addressina the comments from the City Staff, applicable at the tiÍÍ1e of annexation and zoning or at the time of development. The sewer and water reqtlÌre!l1ents- Traffic plans and access into and out of any development. ~~d any other items deemed necessary by the City Staff. That Section 11-2-417 D of ~~e Meridian Zoning Ordinance states in part as follows: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 16 "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an ol...iTIe:!:' or develope:!:' make a written commitnent concerning the use or de'7elopment of the subject property. If ac::Jmmit:nent is required or permitted, it shall be rec::Jråed in the office of the Ada Countv Recorder and shall take effect UDon the adoption of the- ordinance annexing and zoning the prop~rty r or prior if agreed to by the owner of the parcel. . " ; that since the above section states that the development agreements shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreements have been agreed on, or even discussed, it is concluded that the development agreements are information that the city Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance; however, it has been stated that platting may not be done for approximately eighteen months; therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de-annexation if acceptable development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Me:!:'idian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 1i. That the requirements of the Meridian Police Depa~~ent Me:!:'idian City Engineer, Ada County Highway Districtr Meridian Planning Director, Central District Heal th Depa~..:nent, and the Nampa & Meridian Irrigation District, shall be met and addressed in Vll..N AUKER FINDIEGS OF FACT & CONCLUSIONS OF LAW PAGE Ii development agreements. 18. That all ditches, canals, and waterÑays shall be tiled as a condition of annexation and if not so tiled, the prope~y shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. That the Applicant and property owners shall be required to connect to Meridian water and sewer, at their expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development ordinance and the development agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be 22. de-annexed. VÞ.N AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 18 APPROVAL OF FJ:NDJ:NGS OF FAC:r AND CONCL1JSJ:ONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN !ERRINGTON COUNCIL.'4AN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) =~ VOTED """Å. U VOTED- DECISION The City Council hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findinas of Fact and Conclusions of Law, including that the Applicant añd property owners enter into development agreements or that the land be de-annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into development agreements, the property shall not be annexed. MOTION: APPROVED: )\ )1;( DISAPPROVED: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19