Queenland Acres/Meridian Storage AZ 01-016
PARTIES:
1.
2.
ADA CDUNTY RECOROER J. DAVID NAVARRO
BOISE IDAHO 05/30/03 02:4B PM
DEPUTY Bonnie Oberbillig
RECORDED -REQUEST OF
Meridian City
AMOUNT .00
29
1111111111111111111111111111111111111
103089185
DEVELOPMENT AGREEMENT
Revised ownership 05 06 03
City of Meridian
Queenland Acres, mc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 'LD*' day of \'Y\ cu,j , 'Lro'ò , by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
QUEENLAND ACRES, INC., hereinafter called "OWNERIDEVELOPER", whose
address is 24306 Rudd Road, Parma, Idaho 83660.
1.
RECITALS:
1.1
1.2
WHEREAS, "Owner/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, I.C. §67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition ofre-zoning
that the owner or "Owner/Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit
"A", and has requested a designation of
(C-G) General Retail And Service Commercial District,
(Municipal Code ofthe City of Meridian); and
DEVELOPMENT AGREEMENT -AZ-Ol-OI6 - 1
1.5
1.6
1.7
1.8
1.9
1.10
WHEREAS, "Owner/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
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 2. nJ day of J'CLhAA.t{Xt)
'2-002. , 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 "Owner/Developer" enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER/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 "Owner/Developer" to enter into
a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use ofthe "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
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 2
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation ofthe same requires
otherwise:
3.1
3.2
3.3
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER/DEVELOPER": means and refers to Queenland
Acres, mc., whose address is 24306 Rudd Road, Parma, Idaho
83660, the party developing said "Property" and shall include any
subsequent owner(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
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (K) which are herein specified as
follows:
Construction and development of a storage facility.
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 3
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/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:
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
6.1
6.2
6.3
6.4
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement shall
address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations, lighting
and noise, hours of operation, and other items as required by the
Commission or Council. If annexed, all future uses shall be required to be
approved through the planned development process and as conditional
uses.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confmnation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
A drainage plan designed by a State ofIdaho 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. Storm water treatment and disposal shall be
DEVELOPMENTAGREEMENT-AZ-Ol-OI6- 4
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow mjection Wells.
Adopt the Recommendations ofthe Ada County Highway District as follows:
6.5
Applicant shall comply with the 11 Site Specific Requirements and 8
Standard Requirements addressed in the District's October 17, 2001 Staff
Level Approval.
Adopt the Recommendations of the Meridian Police Department as follows:
6.6
6.7
The position of the facility does not lend itselfto significant observation
by patrolling officers, and therefore, the applicant shall address how the
project shall have perimeter monitoring, i.e. cameras or their own internal
patrol.
Strong lighting of the rear of the site would help to decrease potential theft
opportunity and provide a passive form of deterrence. However, this
might be a problem for the residents in the existing subdivision to the
southeast, and to those that will occupy the housing units currently being
developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
6.8
6.9
Applicant shall supply the District with the blueprint plans indicating the
grades, backfill and encroachments in order to make a final decision.
Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
Additionally, Applicant shall comply with the City Council's action from their
December 18,2001 meeting as follows:
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 5
6.10
The name of the present business name of Meridian Storage, shall be
changed to another name, as there is already a Meridian Storage in
Meridian.
6.11
The hours of operation shall be as follows:
Office hours: 8:00 a.m. to 6:00 p.m.; and
Storage hours: 6:00 a.m. to 12:00 p.m. midnight
6.12
On the east side of the graveled area of the single storage units, installation
ofbollards shall be installed at the southeast point to prevent vehicles, etc.
from entering behind the storage units.
7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner/Developer" or "Owner'slDeveloper's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development of Subject Property" of this agreement within two years ofthe date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/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 "OwnerlDeveloper" and if the
"Owner/Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "OwnerlDeveloper" 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.
DEVELOPMENT AGREEMENT-AZ-Ol-OI6 - 6
10.
DEFAULT:
10.1
10.2
ill the event "OwnerlDeveloper", "OwnerlDeveloper'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 "Owner/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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandwn of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeveloper",
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 instrwnent of release of this Agreement.
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 "OwnerlDeveloper", 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
In the event of a material breach of this Agreement, the parties
agree that "City" and "OwnerlDeveloper" 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
DEVELOPMENT AGREEMENT-AZ-Ol-OI6- 7
which cannot with diligence be cured within such thirty (30) day
period, ifthe 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.
13.2
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control ofthe party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation ofthe
improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the City" and "OwnerlDeveloper" have entered into an addendwn 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".
16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper"
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:
OWNERIDEVELOPER:
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 8
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Queenland Acres, Inc.
24306 Rudd Road
Panna, Idaho 83660
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 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 ofthis Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree thattime is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall
in any way prevent sale or alienation ofthe "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 "Owner /Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner/Developer" has fully performed
its obligations under this Agreement.
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 9
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 "OwnerlDeveloper" 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
"OwnerlDeveloper" 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 ofthe subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance with,
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT-AZ-Ol-OI6- 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
B~~
Theron Scott, President
Attest:
By: ~l ~
Carol Lotspeich, Secretary reasurer
CITY OF MERIDIAN
I
William G. Berg, If., City erk
BY RESOLUTION NO.-
Attest:
DEVELOPMENT AGREEMENT-AZ-Ol-OI6- 11
STATE OF IDAHO)
:ss
COUNTY OF ADA )
STATE OF IDAHO)
County of Ada :ss îOUWL~ck.\,¡urd
On this 2.~ Yl~ day of mOw¡ ~e year 2003,
before me, a Notary Public, personally appeared-Rob",l D. Cuute' and William G. Berg,
know or identified to me to be tþ~~ 1!£~ C1~trespectively, ofthe City of Meridian,
who executed the instrnment or 'Ûi~~per~tháißexecuted the instrwnent of behalf of said
City, and acknowledged to me that such City executed the same.
~N~~.
.{/~o't~;:"?/f.. alA ^ O' J-I.
: í \ : à y UtnYl òY'Yl..-l- ì Vl
. , I
(SEAL) ~ \ I : Notary Public for Idaho
... ~,ft1m.\<::..4>.'" Commission expires: 1-2$-05
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Z:\WorklMlMeridianlMeridi': r~,~.tan Storage AZ-Oi-O16 CUP01-O32lDevelopAgm1revisednewOwnership 05 06 03.doc
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 12
EXHIBIT A
Lel!a1 Description Of Proper tv
A parcel located in the NE Y. ofthe NE Y. of Section 24, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of
said NE Y. of the NE Y. (E 1/16 corner), from which a brass cap monument
marking the northeasterly corner of said NE Y. of the NE Y. (section corner) bears
N 89°21 '19" E a distance of 1309.40 feet;
Thence N 89°21' 19" E along the northerly boundary of said NE Y. of the NE Y. a
distance of 450.00 feet (of record as S 89°12' W a distance of 450.00 feet) to a 5/8
inch diameter iron pin;
Thence leaving said northerly boundary S 3°59'54" W a distance of755.96 feet (of
record as N 4°19' E a distance of758.35 feet) to a chiseled cross ill a concrete wall;
Thence S 89°21' 19" W a distance of395.78 feet (of record as N 89°12' E a distance
of393.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE Y.
of the NE y.;
Thence N 0°06'51" W along said westerly boundary a distance of753.51 feet (of
record as SOUTH a distance of753.50 feet) to the POINT OF BEGINNING.
This parcel contains 7.32 acres and is subject to any easements existing or in use.
DEVELOPMENTAGREEMENT-AZ-Ol-OI6- 13
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of ADPf(IVal
DEVELOPMENT AGREEMENT - AZ-Ol-OI6 - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF TOUCHSTONE )
CONSTRUCTION, INC., THE APPLICATION)
FOR ANNEXATION AND ZONING OF )
7.32 ACRES FOR MERIDIAN STORAGE, )
LOCATED SOUTH OF WEST OVERLAND)
ROAD AND WEST OF SOUTH MERIDIAN )
ROAD, MERIDIAN, IDAHO )
)
)
)
C/C 12-18-01
Case No. AZ-OI-OI6
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 December 18, 2001, at the hour of 6:30 p.rn., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was James Gibson, and no one appeared 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INC. / MERlDIAN STORAGE (AZ-OI-016)
Page 1
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 December 18, 2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') 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
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the December 18,
2001, 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 Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council talœs judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-016)
Page 2
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 of the application for annexation and
zoningis described in the application, and by this reference is incorporated herein as
ifset forth in full.
5.
The property is approximately 7.32 acres in size and is located south of
West Overland Road and west of South Meridian Road. The property is designated
as Meridian Storage.
6.
The owner of record of the subject property is the Queenland Acres, Inc.
of Meridian, Idaho.
7.
8.
Applicant is Touchstone Construction, Inc. of Meridian, Idaho.
The property is presently zoned by Ada County as R-U-T, and consists
of undeveloped land.
9.
The Applicant requests the property be zoned.as CoG.
10.
The subject property is bordered to the north by CoG zoning, to the
south by R-4, to the east by CoG and R-4 and to the west by Ada County R-l.
11.
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 the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
Page 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERlDIAN STORAGE (AZ-OI-016)
13.
The Applicant proposes to develop the subject property inthe following
manner: construct a storage facility.
14.
The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Commercial.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
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 Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
lighting and noise, hours of operation, and other items as required by
the Commission or Council. If annexed, all future uses shall be required
to be approved through the planned development process and as
conditional uses.
16.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYTOUCHSTONE
CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-O16)
Page 4
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
16.3 Any existing domestic wens and/or septic systems within this project
shaH have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wens may be used for non-domestic purposes
such as landscape irrigation.
16.4 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 aH off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
Adopt the Recommendations of the Ada County Highway District as foHows:
16.5 Applicant shaH comply with the 11 Site Speciftc Requirements and 8
Standard Requirements addressed in the District's October 17, 2001
Staff Level Approval.
Adopt the Recommendations of the Meridian Police Department as follows:
16.6 The position of the facility does not lend itself to significant observation
by patrolling officers, and therefore, the applicant shaH address how the
project shall have perimeter monitoring. Le. cameras or their own
internal patrol.
16.7 Strong lighting of the rear of the site would help to decrease potential
theft opportunity and provide a passive form of deterrence. However,
this might be a problem for the residents in the existing subdivision to
the southeast, and to those that will occupy the housing units currently
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016)
Page 5
being developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
16.8 Applicant shall supply the District with the blueprint plans indicating
the grades, backfill and encroachments in order to make a final decision.
16.9 Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
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
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 development agreement, a
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc./MERlDIAN STORAGE (AZ-OI-OI6)
Page 6
19.
It is found that the zoning of the subject real property as General Retail
And Service Commercial District (C-G) requires connection to the Municipal Water
and Sewer systems and will be compatible with the Applicant's development
intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Commercial.
20.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 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 ordinance of the City to all applications such as the
subject application.
20.2 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.
20.3 The application is consistent with Meridian's self identity.
20.4 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 ordinance of the City to the subject
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-016)
Page 7
20.5 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.
20.6 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 ordinance of the City to the subject application.
21.
The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
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 Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban 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.'
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIÀN STORAGE (AZ-OI-016)
Page 8
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
4.3
4.4
4.5
4.6
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYTOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-Ol-O16)
Page 9
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5.
The zoning of General Retail And Service Commercial District (C-G) is
defined in the Zoning Ordinance at § 11-7-2 K as follows:
(CoG) General Retail And Service Commercial District: The purpose of the
CoG District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use pennit is required for Applicant to construct and develop a commercial
use development on this parcel of land.
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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-OI6)
Page 10
8.
The development of the annexed land, if annexed, shall meet and cornply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, 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 Ordinances of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or pennit, 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
pennitted, it shall be recorded in the office of the Ada County Recorder and shall
tal<:e effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or tenninated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
orùy if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYTOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-016)
Page II
The applicant's request for annexation and zoning of approximately
7.32 acres to General Retail and Service Commercial District (C-G) is granted subject
to the tenns and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 7.32 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall confonn 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.
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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
3.2
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
lighting and noise, hours of operation, and other items as required by
the Commission or Council. If annexed, all future uses shall be required
to be approved through the planned development process and as
conditional uses.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-016)
Page 12
3.4
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
3.3
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
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. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
Adopt the Recommendations of the Ada County Highway District as follows:
3.5
Applicant shall comply with the 11 Site Specific Requirements and 8
Standard Requirements addressed in the District's October 17,2001
Staff Level Approval.
Adopt the Recommendations of the Meridian Police Department as follows:
3.6
3.7
The position of the facility does not lend itself to significant observation
by patrolling officers, and therefore, the applicant shall address how the
project shall have perimeter monitoring, Le. cameras or their own ,
internal patrol.
Strong lighting of the rear of the site woLÙd help to decrease potential
theft opportunity and provide a passive form of deterrence. However,
this might be a problem for the residents in the existing subdivision to
the southeast, and to those that will occupy the housing units currently
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHSTONE
CONSTRUCTION, INc. / MERIDIAN STORAGE (AZ-OI-016)
Page 13
being developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.8
Applicant shall supply the District with the blueprint plans indicating
the grades, backfill and encroachments in order to make a final decision.
3.9
Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
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, and Meridian City Code § 11-7-2 K.
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
Meridian City Code § 11-21-1 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY TOUCHSTONE
CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016)
Page 14
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 2 ,ÆI~
day
of
da-17.ALCl/¡ ?J.-.
(j
,-2OO1;2ooL
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED $~
COUNCILMAN KEITH BIRD
VOTED-P--
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERlE McCANDLESS
VOTEDþ-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: (-2-02-
VOTED -----
MOTION:
APPROVED:~ DISAPPROVED:
B
,'..,.,