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.
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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