LDS Church
PARTIES: 1.
2.
RECORDED-REQUEST OF
~DEPUTY ~
99060558
ADA COUNTY OER
J. CA. vm N 0
~,",1~t II
DEVELOP¡MENT AGREEME. NT
'99 IN /7 PM I: 25
City of Meridian
The Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter Day Saints
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this Is#-- day of J~ ,1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and THE CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS,
hereinafter called "DEVELOPER", whose address is 50 East North Temple
Street, 12th Floor East, Salt Lake City, Utah.
1.
RECITALS:
1.1
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, r.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of L-O Limited
Office, (Municipal Code of the City of Meridian); and
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
DEVELOPMENT AGREEMENT - 1
1.6
1.7
1.8
1.9
P~,i ~L\'(iy
as to how the subject "Property" will be developed and
what improvements will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the 1st day of June, 1999, has
approved certain Findings of Fact and Conclusions of Law
and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
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 within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
DEVELOPMENT AGREEMENT - 2
Ordinance codified in Title II, Municipal Code ofthe City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractUal and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to The Corporation of
the Presiding Bishop of the Church ofJesus Christ of
Latter Day Saints whose address is 50 East North Temple
Street, 12th Floor East, Salt Lalœ City, Utah the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certainparcel(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.
4.
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 Section 11-2-408 B.7. Meridian City Code
which are herein specified as follows:
(L-O) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
DEVELOPMENT AGREEMENT - 3
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration, or emissions of a nature
offensive to the overall purpose of this district. The L-O
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of
Meridian is a requirement in this district.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 Developer enter into a Development Agreement, that
provides in the event the conditions therein are not met by
the Developer that the property shall be subject to de-
annexation, with the City of Meridian which provides for
the following conditions of development to-wit:
5.1.1 Applicant shall comply with Ada County Highway
District requirements. A copy of ACHD approval
letter and copy of recorded warranty deed for
additional right-of-way shall be submitted prior to
applying for building permit.
5.1.2 Any existing irrigation/drainage ditches crossing the
property shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral
users' association, with written confirmation of said
approval submitted to the Public Works
Department.
DEVELOPMENT AGREEMENT - 4
5.1.3 Any existing domestic wells and/or septic systems
within this project shall be removed from their
domestic service per City Ordinance Section 5-7'5
17. Wells may be used for non-domestic purposes
such as landscape irrigation.
5.1.4 Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
5.1.5 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and
11-2-414.D.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA)
requirements.
5.1.6 A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557,10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
5.1. 7 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance
Section II-2-414.D.3.
5.1.8 Five-foot-wide sidewalks shall be provided and
constructed in accordance with City Ordinance
Section 11-9-606.B. Crossing of the existing ditches
with a continuous sidewalk along Black Cat Road
shall be provided in coordination with adjacent
property.
5.1.9 All construction shall conform to the requirements
of the Americans With Disabilities Act.
5 .I.1OThe Public Works Department shall be provided
with information on anticipated fire flow and
domestic water requirements for the proposed site.
Flow and pressure from the existing mains should be
DEVELOPMENT AGREEMENT - 5
monitored with the Meridian Water Department to
determine whether adequate fire protection exists.
5.l.llApplicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
5.1. 12 Handicapped accessible parking spaces shall be
provided in accordance with the Americans With
Disabilities Act. For the number of parking spaces
shown on the preliminary site plan, a minimum of
eight handicapped accessible stalls shall be provided.
All building and parking lot construction shall meet
the requirements of the Americans With Disabilities
Act.
5.1.13 No City water shall be allowed for landscape
irrigation.
5. I. 14Six-foot-high, permanent perimeter fencing and
buffering shall be provided adjacent to the existing
residential and agricultural uses.
5 .1.15A Certificate of Zoning Compliance shall be
required prior to applying for a building permit. A
detailed site plan showing landscaping, screened
trash enclosures, parking, etc., shall be provided for
approval. A minimum 20-foot-wide planting strip
beyond required right-of-way shall be provided.
Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary
Services, Inc., and Applicant shall provide a letter of
approval from their office prior to applying for
building permits.
5.1.16 Utility locations shall be coordinated with Meridian
Public Works Department. The Applicant shall
extend the City sewer line to the subject property
along the west side of Black Cat Road from the
Tumberry No. I Subdivision.
5.1.17The annexation shall limit the use of the property to
public and quasi-public uses.
DEVELOPMENTAGREEMENT-6
5 .1. 18Assessment fees for water and sewer service are
determined during the building plan review process.
Any applicable latecomer fees will also be
determined at that time.
5 .1.18All signage shall be subject to design review.
5 .1.19The Applicant shall obtain written approval for the
central sewage and central water prior to the
approval of the annexation and zoning.
5.1.2048-feet of right-of-way from the centerline of Black
Cat Road abutting the parcel shall be dedicated by
means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a
building permit (or other required permits),
whichever occurs first. The owner will be
compensated for all right-of-way dedicated as an
addition to existing right-of-way from available
impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact
fee administrator prior to breaking ground, in
accordance with Section IS of ACHD Ordinance
#188.
5.1.21 Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
5.1.22A 5-foot-wide detached concrete sidewalk shall be
constructed on Black Cat Road abutting the site.
The sidewalk shall be located within two-feet of the
right-of-way of Black Cat Road. The location,
elevation and grade of the sidewalk shall be
coordinated with the District staff.
5. I. 23All driveways shall be located a minimum of 220-
feet from the nearest existing/proposed driveway on
Black Cat Road. All driveways on Black Cat Road
shall be constructed as 24 to 30-foot wide curb
return driveways. The driveway shall be paved its
full required width and at least 30-feet beyond the
edge of pavement on Black Cat Road and pavement
DEVELOPMENT AGREEMENT - 7
POOR COfJf
tapers installed with IS-foot radii abutting the
existing roadway edge.
5 .1.24A site plan shall be submitted showing all existing
and proposed driveways on Black Cat Road located
within 200-feet either side of the north and south
property lines.
5.1.25As required by District policy, restrictions on the
width, number and locations of driveways, shall be
placed on future development of this parcel.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied ,vith the notice and hearing procedures as outlined in r.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. 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.
DEVELOPMENTAGREEMENT-8
9.
DEFAULT:
9.1
9.2
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.
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.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
II. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
DEVELOPMENTAGREEMENT-9
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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.
12.2 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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. 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".
IS. 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 dc-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
DEVELOPMENT AGREEMENT - 10
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
The Corporation of the Presiding
Bishop of the Church of Jesus Christ
of Latter Day Saints
50 East North Temple Street
12th Floor East
Salt Lake City, Utah
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
DEVELOPMENT AGREEMENT - 11
POOl cœv
any sale or àlienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. 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, beLween "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".
21.1
No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPM ENT AGREEMENT - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
~¡J~
T Corporation of the
Presiding Bishop of the Church
of Jesus Christ of Latter Day
Saints,
DEVELOPER
BY RESOLUTION NO.-
Attest:
J!~fl- Ap- ~ $1
CITY CLERK t::':"'r
BY RESOLUTION NO. 2- 5 6
CITY OF MERIDIAN
msg/Z,IWorkIMIMeridian 15360MILDSBIackCatIDevelopAgr
DEVELOPM ENT AGREEMENT - 13
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STATE OF ~
:ss
COUNTY OF CAN'IfJf'oI
On this-2...- day of --:f'(JIVE , in the year 1999, before
m~. '+<.::p, f2ÅD's LIAI.J""'" a Notary Public, personally appeared
,\ -:-, nlil\J kfx..-. DELk"'A-- , known or identified to me to be the
ÇfojEc.T 'fhA/'oJA.66/2 and of the corporation that
e.,'(ecuted the instrument or the persons who executed the instrument on behalf
and acknowledged to me that such corporation executed the
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Commission expires:
STATE OF IDAHO
County of Ada
On this
:ss
)
/5
day of .]:..tJff
, in the year 1999,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me t.o be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrul11entof behalf of said City, and acknowledged to me that such City
executed the same.
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Commission expires: / D) ISfdDD'd-
. DEVELOPMENT AGREEMENT - 14
Legal Description Of Property
DEVELOPMENT AGREEMENT - 15
EXHIBIT A
A tract of land in the SE 1/4 SE 1/4 of Section 4, T. 3 N., R. I W., B.M., Ada
County, Idaho, more particularly described as follows:
Beginning at a point on the section line which bears N. 0°17'10" E., 1064.62
feet from the section corner common to Sections 3, 4, 9 and 10, T. 3 N., R. I
W., B.M., thence N. 0°17'10" E. along the section line, 411.34 feet to a point;
thence N. 89°39'20" W., 529.54 feet to a steel pin; thence S. 0°17' 10" W.,
411.34 feet to a steel pin; thence S. 89°39'20" E., 529.54 feet to the point of
beginning. Said tract ofland contains 5.000 acres, more or less, subject to
easements of record or in use, and subject to an easement for ingress and egress
across the southerly 25 feet of the above-described tract, except ditch, road
and canal rights-of-way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or .in use.
EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF LOMBARD
CONRAD ARCHITECTS, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 5.0 ACRES FOR LDS
CHURCH AT 1985 BLACK CAT
ROAD, MERIDIAN, IDAHO
Case No. AZ-99-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on May 18, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, having
appeared and testified, and the Applicant's representative, Steve Simmons of
Lombard Conrad Architects, having appeared and testified and no one having
testified in opposition and the City Council having duly considered the evidence and
the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
I.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for May 18, 1999, before the City Council, the first publication appearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries ofthe property under
consideration more than fifteen (15) days prior to said hearing and "vith the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the May 18, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-65II, and §§ II-2-416E and II-2-417 A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
if set forth in full. The property is approximately 5.0 acres in size. The property is
located at 1985 Black Cat Road, Meridian, Idaho.
5.
The Applicant, Lombard Conrad Architects, is acting on behalf of the
record owner of the property, The Corporation of the Presiding Bishop of the Church
of Jesus Christ of Latter Day Saints, of 50 East North Temple Street, 12th Floor
East, Salt Lake City, Utah, and has filed a written request for annexation and zoning.
6.
The property is presently zoned by Ada County as Rural Transitional,
(R-T), and consists of a residential dwelling.
7.
8.
The Applicant requests the property be zoned Limited Office (L-O).
The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9.
The property is located on the west side of Black Cat Road
approximately 1,300 feet north of Cherry Lane, Meridian, Idaho.
10.
The proposed site of the subject property is located at 1985 Black Cat
Road, Meridian, Idaho.
11.
The city limits. of the City of Meridian are adjacent and abut on the east
side of the subject real property.
12.
The property which is the subject of this application is "vithin the Area
of Impact of the City of Meridian.
13.
The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
14.
The Applicant proposes to develop the subject property in the following
manner: construct a 26,000 square foot stake center.
15.
The Applicant's requested zoning of the subject real property as
Limited Office (L-O) is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Ada County
Single Family Residential, subject to quasi and public access.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 Applicant shall provide a legal description stamped by an Idaho
Registered Land Surveyor, which meets the requirements of the City of
Meridian and Idaho State Tax Commission.
16.2 Applicant shall comply with Ada County Highway District
requirements. A copy of ACHD approval letter and copy of recorded
warranty deed for additional right-of-way shall be submitted prior to
applying for building permit.
16.3 Any existing irrigation/drainage ditches crossing the property shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Works
Department.
16.4 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.5 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
16.6 Paving and striping shall be in accordance with the standards set forth
in Sections II-2-414.D.4 and 11-2-414.D.5 ofthe City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
16.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
16.8 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
16.9 Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
16.10 All construction shall conform to the requirements of the Americans
With Disabilities Act.
16.11 The Public Works Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains should be monitored
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
with the Meridian Water Department to determine whether adequate
fire protection exists.
16.12 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian.
16.13 Handicapped accessible parking spaces shall be provided in accordance
with the Americans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With
Disabilities Act.
16.14 No City water shall be allowed for landscape irrigation.
16.15 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
16.16 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan shmving landscaping,
screened trash enclosures, parking, etc., shall be provided and approved.
A minimum 20-foot-wide planting strip beyond required right-of-way
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
16.17 Utility locations shall be coordinated with Meridian Public Works
Department. The Applicant shall extend the City sewer line to the
subject property along the west side of Black Cat Road from the
Turnberry No.1 Subdivision.
16.18 The annexation shall limit the use of the property to public and quasi-
public uses.
16.19 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees will also be
determined at that time.
16.20 All signage shall be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Adopt the Central District Health Department's Recommendations as follows:
16.21 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
Adopt the Ada County Highway District's Recommendations as follows:
16.22 48-feet of right-of-way from the centerline of Black Cat Road abutting
the parcel shall be dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. The
owner "vill be compensated for all right-of-way dedicated as an addition
to existing right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the impact
fee administrator prior to brealdng ground, in accordance with Section
IS of ACHD Ordinance #188.
16.23 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
16.24 A 5-foot-wide detached concrete sidewall, shall be constructed on Black
Cat Road abutting the site. The sidewalk shall be located within two-
feet of the right-of-way of Blacl, Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
16.25 All driveways shall be located a minimum of 220-feet from the nearest
existing/proposed driveway on Black Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Black Cat Road and
pavement tapers installed with IS-foot radii abutting the existing
roadway edge.
16.26 A site plan shall be submitted showing all existing and proposed
driveways on Black Cat Road located within 200-feet either side of the
north and south property lines.
16.27 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is found that the development considerations which must be talcen
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors.
19.
The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
20.
The development of the property as an (L-O) Limited Office, as
requested by the Applicant, will be compatible to the development in the surrounding
area subject to the conditions of development herein found to be reasonable in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
relation to the requested zone (L-O) Limited Office District and is accordance with
the adoptive Comprehensive Plan of the City of Meridian.
21.
There are no major or scenic features of major importance that affect
the consideration of this application.
22.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
22.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
22.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
22.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
22.4 The application is consistent with Meridian's self identity.
22.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
22.6 The preservation and improvement of the character and quality of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
22.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
22.8 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
23.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
24.
Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into
commercial uses and other uses.
CONCLUSIONS OF LAW
I.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
4.2
4.3
4.4
4.5
The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
The application is consistent with Meridian's self identity.
The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
4.6
4.7
4.8
5.
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
The requested zoning of Limited Office, (L-O) is defined in the Zoning
Ordinance at 11-2-408 B. 7. as follows:
IL-O) Limited Office District: The purpose of the (L-O) District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, public
service and similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to
create noise, vibration, or emissions of a nature offensive to the overall
purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of Meridian is a
requirement in this district.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Commercial, lists commercial uses allowed in the various zoning districts of the City;
that churches are listed as permitted uses in the Limited Office (L-O) District.
7.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 11-2-417 D of the Zoning and Development Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning. that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
l. This application is for annexation and zoning of 5.0 acres located at
1985 Black Cat Road, Meridian, Idaho. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation, (L-O)
Limited Office Ordinance shall not be finally approved by the City Council until
provisions of parts I and 3 of this order have been met; and
3. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
3.1
3.2
3.3
Applicant shall comply with Ada County Highway District
requirements. A copy of ACHD approval letter and copy of recorded
warranty deed for additional right-of-way shall be submitted prior to
applying for building permit.
Any existing irrigation/drainage ditches crossing the property shall be
tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-517. Wells maybe used for non-domestic purposes such as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
3.4
3.5
3.6
3.7
3.8
3.9
landscape irrigation.
Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.0.4 and 11-2-414.D.5 of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
All construction shall conform to the requirements of the Americans
With Disabilities Act.
3.10 The Public Works Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains should be monitored
with the Meridian Water Department to determine whether adequate
fire protection exists.
3.11 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian.
3.12 Handicapped accessible parking spaces shall be provided in accordance
with the Americans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With
Disabilities Act.
3.13 No City water shall be allowed for landscape irrigation.
3.14 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
3.15 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan showing landscaping,
screened trash enclosures, parking, etc., shall be provided for approval.
A minimum 20-foot-wide planting strip beyond required right-of-way
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
3.16 Utility locations shall be coordinated with Meridian Public Works
Department. The Applicant shall extend the City sewer line to the
subject property along the west side of Black Cat Road from the
Turnberry No. I Subdivision.
3.17 The annexation shall limit the use of the property to public and quasi-
public uses.
3.18 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees will also be
determined at that time.
3.18 All signage shall be subject to design review.
3.19 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
3.20 48-feet of right-of-way from the centerline of Black Cat Road abutting
the parcel shall be dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. The
owner will be compensated for all right-of-way dedicated as an addition
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
to existing right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance #188.
3.21 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
3.22 A 5-foot-wide detached concrete sidewalk shall be constructed on Black
Cat Road abutting the site. The sidewall, shall be located within two-
feet of the right-of-way of Blacl, Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
3.23 All driveways shall be located a minimum of 220-feet from the nearest
existing/proposed driveway on Black Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Black Cat Road and
pavement tapers installed with IS-foot radii abutting the existing
roadway edge.
3.24 A site plan shall be submitted showing all existing and proposed
driveways on Black Cat Road located within 200-feet either side of the
north and south property lines.
3.25 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR At'\JNEXATION AND ZONING/LDS CHURCH
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held J WnL I ~ 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
(j
COUNCILMAN GLENN BENTLEY
VOTEDr
COUNCILMAN KEITH BIRD
VOTED¥
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAlŒR)
VOTED-
DATE:
6-(-99
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
MOTION:
APPROVE~SAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
A tract of land in the SE 114 SE 1/4 of Section 4, T. 3 N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows:
Beginning at a point on the section line which bears N. 0°17'10" E., 1064.62
feet from the section corner common to Sections 3, 4,9 and 10, T. 3 N., R. 1
W., B.M., thence N. 0°17'10" E. along the section line, 411.34 feet to a point;
thence N. 89°39'20" W., 529.54 feet to a steel pin; thence S. 0°17' 10" W.,
411.34 feet to a steel pin; thence S. 89°39'20" E., 529.54 feet to the point of
beginning. Said tract of land contains 5.000 acres, more or less, subject to
easements of record or in use, and subject to an easement for ingress and egress
across the southerly 25 feet of the above-described tract, except ditch, road
and canal rights-of-way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or in use.
EXHIBIT "An TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING/LDS CHURCH