Overland Mini Storage AZ 99-018
PARTIES:
1.
2.
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DEVELOPMENT AGREEMENT
City of Meridian
Overland Storage, L.L.C., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 77.f- day of 111 CV1-cJí.-' , 2000, by and between CITY
OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY",
and OVERLAND STORAGE, L.L.C., an Idaho Limited Liability Company, hereinafter
called "DEVELOPER", whose address is 1322 Torrey Lane, Nampa, Idaho 83686 and the
mailing address is 2825 Hillcrest Lane, Caldwell, Idaho 83605.
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, LC. §67-65 I lA, 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 General Retail and Service
Commercial (C-G), (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, 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
DEVELOPMENT AGREEMENT - I
1.7
1.8
1.9
1.10
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 1./!J. day of '.ik~, 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
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 Ordinance codified in Title 11,
Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
Development Agreement - Page 2 of 14
AZ-99-018
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:
4.
3.3
3.1
"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
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2
"DEVELOPER": means and refers to Overland Storage, L.L.C.
an Idaho Limited Liability Company, whose address is 1322 Torrey
Lane, Nampa, Idaho 83686 and the mailing address is 2825
Hillcrest Lane, Caldwell, Idaho 83605, 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 those uses
allowed under "City"'s Zoning Ordinance - codified at Section
11-2-408 B 11 Revised and Complied Ordinances of the City of
Meridian and further limited to:
The construction, development, use, and l1Ulintenance of a
ministorage facility consisting of eight buildings of various sizes
and one caretaker unit which development shall be pursuant to
the City's Planned Unit Development procedures and pursuant to
the conditional use permit process, in which process conditions
shall be provided for but are herein not limited to
landscape/common area requirements, right-of-way dedication
prior to submitting for building permits, signage restrictions, and
bike lanes.
Development Agreement - Page 3 of 14
AZ-99-018
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be required to
obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance with the
following special conditions:
6.1.1
The construction, development, use, and maintenance of a
ministorage facility consisting of ministorage buildings of
various sizes not to exceed 80,430 square feet in total of all
such buildings and one caretaker unit which development
shall be pursuant to the City's Planned Unit Development
procedures and pursuant to the conditional use permit
process, in which process conditions shall be provided for
but are herein not limited to landscape/common area
requirements, right-of-way dedication prior to submitting
for building permits, signage restrictions, and bike lanes.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of subject
"Property" of this agreement within two (2) years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in
LC. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Development Agreement - Page 4 of 14
AZ-99-018
"Developer" consents upon default to the de-annexation and/or a reversal
of the zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Developer" and if the "Developer" fails
to cure such failure within six (6) months of such notice.
9. INSPECTION: "Developer" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
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 anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such
or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer"'s cost, and submit proof of such recording to "Developer", prior to the third
reading of the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" by the City Council. Iffor 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.
Development Agreement - Page 5 of 14
AZ-99-018
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
13.1
13.2
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.
In the event the performance of any covenant to be performed
hereunder by either "Developer" or "City" is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under §12-5-3 of the Meridian City Code, to insure that installation ofthe
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
Development Agreement - Page 6 of 14
AZ-99-018
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to
abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement,
and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
Overland Storage, L.L.C.
1322 Torrey Lane
Nampa, Idaho 83686
mailing address of:
2825 Hillcrest Lane
Caldwell, Idaho 83605
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 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.
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
Development Agreement - Page 7 of 14
AZ-99-018
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 determined that "Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Developer" and
"City", other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23.
EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
Development Agreement - Page 8 of 14
AZ-99-018
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OVERLAND STORAGE, LLC
BY:
Attest:
BY RESOLUTION NO.
CITY OF MERIDIAN
By~J7D ca::,
R ROBERT D. CORRIE
Attest:
STATE OF IDAHO)
:ss
COUNTY OF ADA
c: ,. b f.°~ PJfs~ day of t'Ww.tU't ' in the year 2000, before me,
ðYl~ ~ . lAf}ard 2--ú a Notary Public, personally appeared Michael
Bledsoe, managing member of Overland Storage, L.L.C., known or identified to me to be one
of the members of the Limited Liability Company who executed the instrument and the
members who subscribed said Limited Liability Company name and acknowledged to me
that such Limited Liability Company had executed the same.
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STATE OF ~~.l
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County of Ada
On this 1-J-V'- day of Vl'\tJAC,tL- , in the year 2000, 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.N"!ft.lli9ty executed the same.
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.....i'ilft~ EXHIBIT A
LeeR. Description Of Property
(SEAL)
LOT 5 AND 6 TIMOTHY SUBDIVISION
Development Agreement - Page 10 of 14
AZ-99-018
A parcel of land for the purpose of annexation being Lot 5 and Lot 6
of Timothy Subdivision and the existing right-of-way adjoining said
Lots as shown on the Plat thereof as recorded in Book 31 at Page 1923
of Ada County Record's, said Lots being situated in a portion of the
SE 1/4 of Section 18, T.3N., R.1E., Ada County, Idaho and being more
particularly described as follows:
Commencing at the SE corner of said Section 18, thence along the
South tine of said SE 1/4 S 89°44'18" W a distance of 622.02 feet to
the POINT OF BEGINNING:
Thence continuing along said South line S 89°44'18" W a distance of
714.94 feet to a point;
Thence leaving said South line and along the Lot tine common to Lot
4 and said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance
of 700.00 feet to a point;
Thence along the Lot line common Lot 2 and said Lot 5 of said
Timothy Subdivision N 51 °26'32" E a distance of 21.83 feet to a 5/8
inch rebar;
Thence along the exterior boundary ofsaid Timothy Subdivision the
following courses;
S 68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar;
Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF
BEGINNING.
Said parcel contains 7.90 acres more or less and is subject to all
existing easements and rights-of-way of record or implied.
EXJßBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
Development Agreement - Page 11 of 14
AZ-99-018
12-01-99
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF OVERLAND
STORAGE, LLC, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 7.25 ACRES FOR OVERLAND
STORAGE SUBDIVISION, AT
1230 OVERLAND ROAD,
MERIDIAN, IDAHO
Case No. AZ-99-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on November 16, 1999, at the hour of 7 :00 0' clock p.m., and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Bob Unger of Pinnacle Engineers, Inc.., and
no one appeared in opposition, and having received the Recommendation to City
Council of the Planning and Zoning Commission on this matter, 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 AND CONCLUSIONS OF LAW - Page 1
At'\JD DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-0l8
STATEMENT OF LEGAL AUTHORITI AND JURISDICTION:
CONCLUSIONS OF LAW
Tudicial Notice:
The Council may tal<.e judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
Annexation:
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section
11-2-417 provides the City may annex real property that is within the Meridian
Urban Service Planning Area which is designated in the Comprehensive Plan City of
Meridian adopted December 21,1993, Ord. No. 629, January 4,1994, and as
provided in § 11-2-417 C Revised and Compiled Ordinances of the City of Meridian.
2.
The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (I983).
Prior to annexation the City Council shall request and receive a
recommendation from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
hearing procedures provided in Section 67-6509, Idaho Code and concurrently or
immediately following the adoption of an ordinance of annexation, the City Council
shall amend the Planning and Zoning Ordinance. [Lc. § 67-6525] [§11-2-417 A
Revised and Compiled Ordinances of the City of Meridian.]
Zoning:
3.
The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [Lc. § 67-6511].
4.
The "Zoning Ordinance" of the City of Meridian applies and regulates
all developrnent of land within the City limits and property outside the City limits
for which annexation has been requested. [§ 11-2-40 I C Revised and Compiled
Ordinances of the City of Meridian.]
5.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Title 11 Chapter 2 Section 400 et. seq. of the Revised and Compiled
Ordinances of the City of Meridian.
5.1
The "Zoning Ordinance" provides a zoning district (C-G) General
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
5.2
5.3
5.4
5.5
Retail and Service Commercial which is defined as: [§ 11-2-408 B
11 Revised and Compiled Ordinances of the City of Meridian.]
(C-G) General Retail and Service Commercial: 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
of Meridian, and shall not constitute strip commercial
development and encourage clustering of commercial
development.
The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and permitted accessory use. [§
11-2-407 A Revised and Compiled Ordinances of the City of
Meridian]
The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [§ 11-2-407 A Revised and Compiled Ordinances of the
City of Meridian.]
The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [§ 11-2-416 A-F
Revised and Compiled Ordinances ofthe City of Meridian.]
The General Standards Applicable To Zoning Amendments
include the following [§ 11-2-416 K Revised and Compiled
Ordinances of the City of Meridian]:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area induded in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
5.5.9 Will the proposed uses not involve uses, activities,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERlAND STORAGE, LLC
CASE NO. AZ-99-018
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.S.10Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
5.5.11 Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
5.S.12Is the proposed zoning amendment in the best interest of
the City of Meridian.
6.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", 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.
Development Conditions:
7.
The City is authorized by Lc. § 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at §§ 11-2-416 Land
if the property is annexed and zoned 11-2-417 D of the Revised and Compiled
Ordinances of the City of Meridian.
8.
Since the annexation and zoning of land is a legislative function, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian induding, 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.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for November 16, 1999, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the November 16,
1999, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3.
The City Council 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 is approximately 7.25 acres in size and is located at 1230
Overland Road. The property is designated as Overland Ministorage Subdivision,
and described as follows:
LOT 5 AND 6 TIMOTHY SUBDIVISION
A parcel of land for the purpose of annexation being Lot 5 and Lot 6 of
Timothy Subdivision and the existing right-of-way adjoining said Lots as
shown on the Plat thereof as recorded in Book 31 at Page 1923 of Ada County
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
Record's, said Lots being situated in a portion of the SE 1/4 of Section 18,
T.3N., R.1E., Ada County, Idaho and being more particularly described as
follows:
Commencing at the SE comer of said Section 18, thence along the South line
of said SE 1/4 S 89°44'18" W a distance of 622.02 feet to the POINT OF
BEGINNING:
Thence continuing along said South line S 89°44' 18" W a distance of 714.94
feet to a point;
Thence leaving said South line and along the Lot line common to Lot 4 and
said Lot 5 of said Timothy Subdivision N 0°28'51" E a distance of 700.00 feet
to a point;
Thence along the Lot line common Lot 2 and said Lot 5 of said Timothy
Subdivision N 51 °26'32" E a distance of 21.83 feet to a 5/8 inch rebar;
Thence along the exterior boundary of said Timothy Subdivision the following
courses;
S .68°22'27" E a distance of 410.39 feet to a 5/8 inch rebar;
Thence S 29°02'44" E a distance of 639.50 feet to the POINT OF
BEGINNING.
Said parcel contains 7.90 acres more or less and is subject to all existing
easements and rights-of-way of record or implied.
5.
The owner of record of the subject property is Hoyt C. Dobson, of 600
W. 76th Ave., Apt. 303, Anchorage, Alaska.
6.
Applicant is Overland Storage LLC, of 1322 Torrey Lane, Nampa,
Idaho.
7.
The property is presently zoned by Ada County as Limited Industrial
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
(M-1), and consists of a single family residence with acreage.
8.
The Applicant requests the property be zoned as Meridian General
Retail and Service Commercial (C-G).
9.
The proposed site of the subject property is located north of Overland
Road west of Locust Grove Road south of 1-84 at 1230 Overland Road.
10.
The subject property is bordered to the north and east by Ada County
Rural Transitional (R-T), to the south by Sportsman's Point subdivision, to the west
by the Timothy Subdivision, and city limits of the City of Meridian are adjacent and
abut to the northwest corner of the subject property.
II.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: construction and development of a ministorage facility consisting of eight
buildings of various sizes and one caretaker unit.
14.
The Applicant requests zoning of the subject real property as General
Retail and Service Commercial.
15.
The application is consistent ,vith the Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
Generalized Land Use Map which designates the subject property as Commercial.
Further, this application is consistent with the following provisions of the Meridian
Comprehensive Plan:
COMPREHENSIVE PLAN POLICIES
The subject property is located in an area deshroated as Mixed/Planned Use
Development in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan
contains a variety of !!oals and policies relevant to this application. The followin!!
sections most directlv applY to the proposed project and are repeated here for the
Council and Commission's consideration durin!! the hearin!! process.
Land Use Chapter
...OverlandJI-84 Mixed Use Policies
These areas are unique in that they are surrounded by arterials, immediately adjacent to
the freeway (1-84), are relatively level in topography, have a distinct linear shape, and
are greatly affected by contiguous industrial, residential and commercial land uses. In
order that compatible land uses and efficient use of the land might occur, this corridor is
anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for
the areas could be commercial, combined medium-to-high density residential, open
space uses (as a means to buffer highway noise), tourist lodging, industrial, office,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
medical, and related land uses.
5.6 The development of a variety of compatible land uses should be provided
in specific plans and proposals for future development.
5.7 Detailed market studies should be undertaken to explore and clarify the
issues that are related to mixed-use development in these areas.
5.8
Development in these areas should be based on functional plans and
proposals in order to ensure that the proposed uses conform to the
Comprehensive Plan policies and are compatible with the surrounding
neighborhoods.
5.9 The integrity and identity of any adjoining residential neighborhood
should be preserved through the use of buffering techniques, including
screen plantings, open space and other landscaping techniques.
5.10 Development should be conducted under Planned Unit Development
procedures and as conditional uses, especially when two or more
differing uses are proposed.
5.11 The character, site improvements, and type of development should be
harmonized with previously-developed land in the area, and where
located adjacent to or near any existing residence or residential area,
shall be harmonized with residential uses, and all reasonable efforts shall
be made to reduce the environmental impact on residential areas,
including noise and traffic reduction.
5.I2Strip development within this mixed-use area is not in compliance 'INith
the goals and policies of the Comprehensive Plan.
5.13 Clustering of uses and controlled access points along arterials and
collector streets will be required.
5.14U Because these areas are near I-84. ..and Overland Roads, high-quality visual
appearance is essential. All development proposals in this area will be subject
to development review guidelines and conditional use permitting procedures.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
5 .15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle
Road/I-84 interchange is a priority development area.
Natural Resources Chanter
Vegetation: Throughout the Meridian area are outstanding natural tree and shrub
corridors along the creeks and drains. These vegetation resources are critical to
wildlife and aesthetic values. It is essential that community leaders protect and
preserve natural vegetation along all creeks and drains within the Meridian area.
I. I U Identify and protect areas with special characteristics such as stream corridors,
canals, and wetlands.
2.1 U Development along major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
3.1 U Manage and prevent unsuitable uses along drainageways and protect the
flood plains of creeks and drains.
Trans{lortation Chapter
I AU Monitor and coordinate the compatibility of the land use and transportation
system.
l.SU Encourage clustering of uses and controlled access points along arterial,
collector and section line roads.
Community Design Chapter
l.l
All commercial and industrial developments should be reviewed by the
City for adequate site planning.
1.3
Open space areas within all development should be encouraged.
1.4
Major entrances to the City should be enhanced and emphasized. Unattractive
land uses along these entrances should be screened from view.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile
and South Slough) throughout commercial activity centers,
industrial review areas, residential areas and Old Town should be
improved and harmonized with adjoining land uses in order to
protect water quality of the streams for beneficial uses, as well as to
enhance their environmental amenities.
2.1 U Require businesses and government to install and maintain
landscaping.
2.2U Encourage area beautification through uniform sign design that
enhances the community.
Entryway Corridors-(Overland Road is identified as an entryway
corridor.)
Entryway corridors are a commlUÚty's "front door." It is acknowledged
that the corridor's trees (or lack thereof), commercial signage, and site
character provide the first, and oftentimes the most lasting, impression
of the entire community.
Strong messages are delivered to the traveling public and to local
citizens alike. The community's economic vitality, its willingness to
ensure the safety and well-being of its citizens, its degree of concern for
the natural environment, and the respect citizens have for one another
are but a few of the messages. Therefore, the entire commlUÚty and,
most specifically its governing bodies, have the right and the
responsibility to guide the development and redevelopment that occurs
along entryway corridors. Depending on the configuration of existing
streets, land uses and site configuration, more extensive landscaping and
more concern for site character may be required in Meridian.
Conversely, the design review process will afford the opportunity to
address the special features of each property and facility on a case-by-
case basis.
4.4U Encourage landscaped setbacks for new development on entrance corridors.
The City shall require, as a condition of development approval, landscaping along all
entrance corridors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
5.2 Ensure that all new development enhances rather than detracts
from the visual quality of its surroundings, especially in areas of
prominent visibility.
16.
There are no significant or scenic features of major importance
that affect the consideration of this application.
17.
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 and which restrict the use and
development of the subject real property under the Planned Unit Development
procedures and pursuant to the conditional use permit process, and that in
that process conditions be provided for that require, but are herein not limited
to, specific landscape/common area requirements, right-of-way dedication prior
to submitting for building permits, signage restrictions and bike lanes.
18.
It is found that if the developer pays for the requested
improvements and complies with the conditions set forth in these findings of
fact, and all sub-parts, the economic welfare of the City and its residents and
tax and rate payers will be protected, which requirement shall be included in a
developrnent agreement, a condition of annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-0I8
19.
It is found that the development considerations which must be
taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing, or intended character of the
general vicinity, in order to assure that the proposed use will not change the
essential character of the affected 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, and can best
be handled by requiring as a condition of development and use on said parcel
that all development and use on and of the subject real property will be subject
to a conditional use permit process which restrict the use and development of
the subject real property under the Planned Unit Development procedures and
pursuant to the conditional use permit process, and that in that process
conditions be provided for that require, but are herein not limited to, specific
landscape/common area requirements, right-of-way dedication prior to
submitting for building pennits, signage restrictions and bike lanes.
DECISION AND ORDER
. NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
City Council does hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of
approximately 7.25 acres to General Retail and Service Commercial (C-G) is
granted subject to the tenns and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 7.25 acres. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by
the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. I58. The legal description for annexation must place
this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement, and such
Development Agreement shall also include and contain the conditions of and
for the real property which is the subject of annexation and zoning application
for conditions of development which are imposed and which restrict the use
and development of the subject real property under the Planned Unit
Development procedures and pursuant to the conditional use permit process,
and that in that process conditions be provided for that require, but are herein
not limited to, specific landscape/common area requirements, right-of-way
dedication prior to submitting for building pennits, signage restrictions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
bike lanes.
4.
The City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation
of the real property which is the subject of the application to (C-G) General
Retail and Service Commercial District (§ 1 I-2-408 B 11 of the Revised and
Compiled Ordinances of the City of Meridian).
5.
Subsequent to the passage of the Ordinance provided for in
section 4 of this Order the engineering staff of the Public Works Department
shall prepare the appropriate mapping changes of the official boundaries and
zoning maps as provided in § I 1-2-425 of the Revised and Compiled
Ordinances of the City of Meridian in accordance with the provisions of the
annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is
a person who has an interest in real property which may be adversely affected
by the issuance or denial of the annexation and zoning and who may within
twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
7h--
be ce yYv Ire "'-
, 1999.
day of
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /2 - 7-C¡C¡
MOTION:
APPROVE~ DISAPPROVED:-
Dated:
/1-- 7-11
msg/Z:\ Work\M\Meridian IS360M\Overland MinistoragelAZFfC]s
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/OVERLAND STORAGE, LLC
CASE NO. AZ-99-018
VOTED a6J'.:¿J
VOTED ~L-
VOTED $C1..-
VOTED--#!'--'
VOTED