Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
L & G Morgoitio, LLC MDA H-2018-0042
ADA COUNTY RECORDER Phil McGrane 2019-053058 BOISE IDAHO Pgs=173 HEATHER LUTHER 06119/2019 02:48 PM CITY OF MERIDIAN NO FEE Il I II I II 111111111111111 HE 111111111111111111111 00637476201900630581731736 MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this k k ! day of � in n P_,, , 2019, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called "Owner/ Developer." 1. RECITALS: 1.1 WHEREAS, the 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 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511 A and Meridian City Code § I l -5A -2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or -zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated t rms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho ("Original Agreement'); and 1.7 WHEREAS, the City, Owner/Developer and Timber Creek (as defined below) have negotiated terms and conditions into this Agreement to clarify MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - H-201$-0042 - Page 1 Meridian City Council Meeting Agenda June 11, 2019 - Page 158 of 396 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 5 9 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 0 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 1 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 2 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 3 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 4 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 5 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 6 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 7 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 8 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 6 9 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 0 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 1 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 2 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 3 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 4 o f 3 9 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 1 1 , 2 0 1 9 – P a g e 1 7 5 o f 3 9 6 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. Date: Date: l0 ^ � �- 2o1 OWNER/DEVELOPER: L & G Murgoitio, LLC CITY OF MERIDIAN: By: Mayor Tammy De Weerd Rp,TED AUG ATTEST: Qo CIO/� r E ' IDIAN*--- I NO City SEAL 1P� MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2018-0042 - Page 19 STATE OF IDAHO ) ss. County of Ada ) �QFl On this G-{ day of , 2019 before me a Notary Public in and for said State, personally appeared L_i h Q 0 known or identified to me to be the manager or a member of L & G Murgoitio, LL'C-, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �`\\0111II uY////,/ `A, MSI O%VO ii o�NOT-Ry��2 "IJBLIG ��i '•.49951,..•' � � �` OF STATE OF IDAHO ) ss. County of Ada ) Notary Pul 1 or I ' Residing at G My commission expires On this t \-�l day of �U Qe , 2019, before me, a Notary Public, personally appeared Tammy De Weerd and C hri 5 :Tohmon known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 Notary Public or Idaho, NOTARY PUBLIC Residing at STATE OF IDAHO My commission expires 3 - 23 -2b2 Z MY COMMISSION EXPIRES 3128/22 MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2018-0042 - Page 20 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL NO. 1 A parcel located in the E Y of the SE X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SEX, from which an aluminum cap monument marking the northeasterly corner of the SE X of said Section 6 bears N 004'44" W a distance of 2655.72 feet; Thence N 8921'59" W along the southerly boundary of said E % of the SE X a distance of 1323.88 feet to the southwesterly corner of said E X of the SE X; Thence N 002'17" W along the westerly boundary of said E % of the SE X a distance of 2655.45 feet to the northwesterly corner of said E % of the SE X; Thence S 8922'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E % of the SE %; Thence S 0°0444" E along the easterly boundary of said E % of the SE X a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Meridian City Council Meeting Agenda June 11, 2019 – Page 178 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC — PARCEL 2 A parcel located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NE %, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE % bears S 001'18" W a distance of 2674.72 feet; Thence S 001'19" W along the westerly boundary of said NE % a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 7830'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; Thence N 43000'20" E a distance of 108.41 feet to a 5/ 8 inch diameter iron pin; Thence N 68036'37" E a distance of 694.84 feet to a 5/ 8 inch diameter iron pin; Thence S 4602'31" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6459'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 022'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence N 49°5959" W a distance of 27.38 feet to a point; Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 2512'16" W a distance of 135.17 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve left, said curve having a central angle of 4400'19" and a long chord bearing N 47012'25" W a distance of 149.86 feet to a point; Page 1 of 2 Meridian City Council Meeting Agenda June 11, 2019 – Page 179 of 396 Thence N 69°12'35" W a distance of 194.76 feet to a point; Thence leaving said centerline N 000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NW %; Thence N 89°56'47" W along said northerly boundary a distance of 287.51 feet to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 Meridian City Council Meeting Agenda June 11, 2019 – Page 180 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE E 1/2 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CE 1/16 1/4 S 89 22'37" E 1321.98' Q SCALE: l`--400' C7 h VLBcGMURGOIT/O, LLC PARCEL 1 N h h N N SE 1/16 S 1/16 N O o O O Z COLUMBIA ROAD 6 5 E 1/16 N 89 21 '59" W 1323.88' 7 8 LA Np POINT OF BEGINNING ONPL G\ST ER G o -c a 5082 CIVIL SURVEY CONSULTANTS, INC. Io/Il f-o 2893 SOUTH MERIDIAN ROAD r£OF P FNHK. MERIDIAN, IDAHO 83642 BENNE 208)888-4312 Meridian City Council Meeting Agenda June 11, 2019 – Page 181 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 N 89 5647" W POINT OF 287.51 ' • 1110 E 1/16 BEGINNING SCALE- I" JOO' oL&G MURGOIT/O, LLC N N o ^ PARCEL 2 0 L NPL LAND ms G\ST,FR G k oma. 5082 0, "r£ of oP Al s \ lFNN K. BENNE 69. 84 N 68.36,3 0"' + \ L-5 L-4 C, • V N LINE DATA ro LINE BEARING DISTANCE L-1 S 78'30'02" E 191.66' CIVIL SURVEY CONSULTANTS, INC. L-2 N 43'0020" E 108.41' C 1/4 • 2893 SOUTH MERIDIAN ROAD L-3 S 645920" E 64.46' L-4 N 0'2235" W 32.24' MERIDIAN, IDAHO 83642 L-5 N 49'5959" W 27.38' 208)888-4312 L-6 N 25'12'16" W 135. 17' L-7 N 69'1235" W 1 194.76' L-8 N 0'00'01 " E I 104.32' CURVE DATA CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG. C-1 44'0019" 1 200.00 1 153.61 80.82 149.86 N 47'1225" WMeridian City Council Meeting Agenda June 11, 2019 – Page 182 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings of Fact and Conclusions of Law adopted on December 4, 2018; modified Findings of Fact and Conclusions of Law adopted on March 19, 2019) A. Findings of Fact 1. Hearing Facts: a. Following proper notice, on July 17, and September 18, 2018, the Meridian City Council held a public hearing on a request to modify the development agreement. Following the public hearing, giving consideration to public testimony, the Staff’s recommended denial of the application, and the record before it, the Council approved the request with one change to the provisions proposed by the Applicant (to section 6.8.2, Development of Adjacent Property, changing “grinding machine” to “processing area”) (see Exhibit A, Memorandum and Proposed Amended Development Agreement for the hearing date of September 18, 2018, incorporated by reference). b. Prior to the conclusion of the hearing on September 18, 2018, the Meridian City Council requested another public hearing be scheduled for Staff to prepare proposed conditions of approval and to allow Staff, the Applicant, and the public the opportunity to review and comment upon them. c. Following proper notice, on November 7 and 20, 2018, the Meridian City Council held a public hearing for the sole purpose of reviewing and considering Staff conditions of approval see Exhibit B, Memorandum and Staff recommended added/modified DA provisions for the hearing date of November 7, 2018, incorporated by reference). d. At the conclusion of the November 20, 2018 hearing, the Meridian City Council voted to close the public hearing and continue the matter to December 4, 2018, for the sole purpose of allowing the Meridian City Council to make sure the language of the conditions of approval as discussed during the public hearing were clear and understandable and met the Council’s intent. e. Following proper notice, on December 4, 2018, having heard public testimony and giving due consideration to the record before it, the Meridian City Council approved the Development Agreement Modification Provisions as presented and the Findings of Fact, Conclusions of Law for Timber Creek Recycling H-2018-0042 (see Exhibit C, Findings of Fact, Conclusions Meridian City Council Meeting Agenda March 19, 2019 – Page 418 of 652 EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 183 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 2 - of Law and Decision & Order and Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference). f. On December 18, 2018, pursuant to MCC 1-7-10, two Requests for Reconsideration were timely filed: (1) Request for Reconsideration by attorney Joshua Leonard on behalf of clients; and (2) Request for Reconsideration by attorney Mark Perison on behalf of clients. g. Following proper notice, on February 5, 2019, the Meridian City Council held a hearing on the two Requests for Reconsideration and ordered the Findings to be modified by Staff and scheduled for final review by City Council at a future date. h. Following proper notice, on March 19, 2019, the Meridian City Council reviewed and approved the Modified Findings of Fact, Conclusions of Law for Timber Creek Recycling H- 2018-0042 as presented. 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, and sheetrock, recycling business currently operates on this property in the R-4 zoning district; on-site recycled processed materials are applied to the farming and dairy operations on the property and/or sold wholesale as identified in the DA, as identified in the original development agreement DA”) as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, (see Exhibit D, January 26, 2016 DA, incorporated by reference). c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). The January 26, 2016 DA was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, Meridian City Council Meeting Agenda March 19, 2019 – Page 419 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 184 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 3 - the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the January 26, 2016 DA. No change in the uses specified in the DA are allowed without modification of the agreement (see Exhibit D, Section 4.2). e. Summary of MDA Request (H-2018-0042): To add a commercial composting component to Timber Creek Recycling’s current recycling business by adding food waste and garden waste to its allowed uses: recycled materials on site; marketing and sale of processed recycling materials, including by not limited to mulch, compost, bark, playground chips, sand, and stone; setting hours of operation, and other conditions relating to noise, odor, and dust abatement, landscaping, limiting truck deliveries and processing activities. f. Conditions of Approval: See Exhibit C, Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference. g. The Modified Development Agreement (see Exhibit E) incorporates all conditions of approval of MDA request H-2018-0042, and shall replace the January 26, 2016 DA in its entirety. h. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 i. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 j. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as specific conditions of approval. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. Meridian City Council Meeting Agenda March 19, 2019 – Page 420 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 185 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 4 - 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A and UDC section 11-5B-3(F), and based upon the above Modified Findings of Fact and Conclusions of Law which are herein adopted, it is hereby ordered that the request for a modification to the January 26, 2016 DA is hereby approved. D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. This is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 421 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 186 of 396 By action of the City Council at its regular meeting held on the day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \ f COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC4 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Zy,c Tam;my d O QORATEDq o M E I# 04 14N SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: j IM-IQW Dated: City Clerk's Office CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER — FILE NO(S). H-2018-0042 - 5 - Meridian City Council Meeting Agenda June 11, 2019 – Page 187 of 396 September 11, 2018 MEMORANDUM TO: Mayor and City Council CC: City Clerk, City Attorney FROM: Bill Parsons, Planning Supervisor RE: Timber Creek Recycling Update (H-2018-0042) September 18th, City Council Meeting On July 17th, City Council continued the Timber Creek Recycling development agreement modification MDA) application. The purpose of the continuance was to allow the applicant time to further refine their request based on items that were discussed during the public hearing. A comprehensive list of the items discussed was to be incorporated into a modified strike-through and underline format of the original development agreement for Council’s consideration. Items to be addressed are as follows: 1. Increase in the number of vehicle trips, specifically truck traffic; 2. Removal of the retail component (This was an item discussed during the hearing however; the applicant has included a request to keep the retail component with further parameters on the use); 3. Limit the size of the facility to a 39 acre site; 4. Limit the hours of operation; 5. Secure approvals from DEQ, CDHD and the applicable Irrigation District; 6. Submit a revised concept plan detailing the operations of the site which is incorporated into the amended development agreement; 7. Submit sound study, odor plan and fire/emergency plan; 8. Define term limits of the recycling use; 9. Further define the type of materials that are being exported, stored and composted on the site and stating the intended uses of said materials; and 10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment, installation of landscaping, restricting the height of the stored materials and monitoring complaints associated with the recycling activities). Meridian City Council Meeting Agenda September 18, 2018 – Page 308 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 423 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 188 of 396 On September 6, 2018, a revised amended development agreement was submitted for Council and the public to review as part of the public record. Because of the controversy surrounding this project, the City also sent notices to the property owners within 1000 feet of the property and those property owners that testified during the public hearing. This same list was sent to the applicant to use to schedule the neighborhood meeting so the applicant could discuss the proposed changes. Per the applicant’s representative, a new neighborhood meeting was held on September 5, 2018 and some minor revisions were incorporated in the draft document as a result of that meeting. In summary, staff believes the applicant has adequately captured the items that were discussed at the public hearing in the revised document. Although the applicant has further defined the operational characteristics if the use is to expand and proposed additional mitigating measures, staff still has concerns with the expansion of the recycling facility (industrial nature of the use) in a residential district. Therefore, staff recommends the Council deny the request for the reasons as previously stated in the staff report for the hearing date of July 17, 2018. Meridian City Council Meeting Agenda September 18, 2018 – Page 309 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 424 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 189 of 396 AMENDED DEVELOPMENT AGREEMENT -1 55663.0002.10635510.1 55663.0002.11338988.1 AMENDED DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2.L & G Murgoitio, LLC THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________,2018, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1.RECITALS: 1.1 WHEREAS, the 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 1.2 WHEREAS, Timber Creek Recycling, LLC (“ Timber Creek”) has operated, does operate, and will operate a processing facility on the Property;and 1.3 1.2WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E)provides that said written commitments may be modified with the permission of the governing board;and 1.5 1.3WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC”), 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 (“Application”)requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, Meridian City Council Meeting Agenda September 18, 2018 – Page 333 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 425 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 190 of 396 AMENDED DEVELOPMENT AGREEMENT -2 55663.0002.10635510.1 55663.0002.11338988.1 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.7 1.6WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to amend the Original Agreement to clarify the uses permitted under the Original Agreement, to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as and described the permitted future uses of the Property is developed or re- developed; and 1.8 1.7WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re-development and were not included in this Agreementexisted at the time the Original Agreement and this Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 1.8WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to thecurrent and proposed uses of the Property and how the Property may be developed, if any,at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning &Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City’s planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 20___2018, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B”and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and Meridian City Council Meeting Agenda September 18, 2018 – Page 334 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 426 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 191 of 396 AMENDED DEVELOPMENT AGREEMENT -3 55663.0002.10635510.1 55663.0002.11338988.1 1.12 WHEREAS, the 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 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. 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, unless the clear context of the presentation of the same requires otherwise: 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 of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L &G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/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”describing the parcels to be re-zoned R-4 (Medium-Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. Meridian City Council Meeting Agenda September 18, 2018 – Page 335 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 427 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 192 of 396 AMENDED DEVELOPMENT AGREEMENT -4 55663.0002.10635510.1 55663.0002.11338988.1 3.4 DEVELOPMENT/REDEVELOPMENT:means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4.USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments,until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the propertyProperty. Such items may include but not be limited to weed spray, gasoline, diesel, Meridian City Council Meeting Agenda September 18, 2018 – Page 336 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 428 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 193 of 396 AMENDED DEVELOPMENT AGREEMENT -5 55663.0002.10635510.1 55663.0002.11338988.1 wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation the adoption of this Agreement until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property portion of the Property Recycling Property”)outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C”and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity. The following outlines the primary activities, but not all activities, related to the operation or future operation of Timber Creek Recycling on the Property: 5. Operation of Timber Creek Recycling . As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operation s on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek Recycling receives or may receive the following materials (collectively “Recycled Materials”)for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill , Republic Services and other sources. 5.1.2 Grass. Grass clipping clippings are and will be delivered to the Recycling Property from Republic Services and other sources of grass clippings. Leaves. Leaves are and will be delivered to the Property from the Ada County Landfill and other sources of leaves. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock.Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources of sheetrock. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste.Food Garden waste will be delivered to the Recycling Property from Republic Services and other sourcesand other sources. Bio Solids. Bio solids will be delivered to the (f) Property from and other sources. Meridian City Council Meeting Agenda September 18, 2018 – Page 337 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 429 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 194 of 396 AMENDED DEVELOPMENT AGREEMENT -6 55663.0002.10635510.1 55663.0002.11338988.1 Demolition Debris. Demolition debris will be (g) delivered to the Property from and other sources. 5.1.7 Other Materials. Owner/Developer Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) 5. 1.1 through 4.8.1(g) 5. 1.6 or are intended for agricultural uses . 5.2 Recycling Activities. Owner/Developer Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: Wood. Wood is ground, screened and stored on the (a) Property until used for bedding. Grass. Grass is utilized as feed for livestock, as a (b) soil amendment, and for other agricultural use on the Property. Leaves. Leaves are processed and used on the (c) Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner /Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown off of the Property. Sheetrock. Sheetrock is ground with wood and (d) stored on the Property until used for bedding or soil amendment. Composting. Owner/Developer may utilize any or (e) all of the Recycling Materials for a commercial composting operation on the Property.In the composing process, Owner/Developer may utilize any equipment necessary for the composing process. Other Activities. Owner/Developer may engage in (f) other activities relating to the operation of Timber Creek Recycling and utilize any or all of the Recycling Materials as deemed appropriate by Owner/Developer, provided, however, that all any such use shall be in accordance with applicable laws and regulations. Said other activities include, but are not limit to: Meridian City Council Meeting Agenda September 18, 2018 – Page 338 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 430 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 195 of 396 AMENDED DEVELOPMENT AGREEMENT -7 55663.0002.10635510.1 55663.0002.11338988.1 5.2.1 Grinding. Grinding of any Recycled Materials and the use of The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties.In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding;. 5.2.2 Screeningb.Screening. Screening .The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials; c.Windrowing. Windrowing Recycled Materials and the use of windrow turns and other equipment necessary to windrow the Recycled Materials; d.Crushing. Crushing asphalt and concrete, including the use of a crusher and other equipment necessary to crush asphalt and concrete; and 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. e.MiscellaneousMiscellaneous. Engaging . Engage in any the following as part of the Recycling Activities: loading and unloading of trucks; use of watering truckson the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, Recycling Activities and preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner. Meridian City Council Meeting Agenda September 18, 2018 – Page 339 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 431 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 196 of 396 AMENDED DEVELOPMENT AGREEMENT -8 55663.0002.10635510.1 55663.0002.11338988.1 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Owner/Developer Timber Creek may engage in uses on the Recycling Property that are related to, support,or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 (a)Truck Parking. Owner/Developer Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Owner/Developer Timber Creek may place, operated, maintain, repair, relocate and remove any equipment, fixtures and personal prope rty onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance with DEQ, Department of Agriculture and Central District Health Department. Timber Creek may take any action to : Comply with conditions imposed on it by the Department (a) of Environmental Quality, the Department of Agriculture or the Central District Health Department relating to the Recycling Materials or the Recycling Activities ; Comply with the rules and regulations relating to the (b) Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or theCentral District Health Department ; and Cure or correct deficiencies or issues identified by the (c) Department of Environmental Quality, the Department of Agriculture or the Central District Health Department . 5.3.4 Marking Marketing and Sale of Processed Recycling (c) Materials. Owner/Developer Timber Creek may market and sale processed Recycling Materials in accordance with applicable laws and regulations. . Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand,stone, concrete, asphalt, etc.etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” Retail Area”),Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the Meridian City Council Meeting Agenda September 18, 2018 – Page 340 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 432 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 197 of 396 AMENDED DEVELOPMENT AGREEMENT -9 55663.0002.10635510.1 55663.0002.11338988.1 portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: April –October:(a) a.Monday –Saturday: 8:00 a.m. to 6:00 p.m. b.Sundays: Closed November –March:(b) a.Monday –Saturday: 9:00 a.m. to 4:00 p.m. b.Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: Commercial vehicles, as defined in Idaho Code §49 - 123(d).(a) Vehicles with more than two (2) axels; provided,however, (b) that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips , and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following : a) a scale house with approximate dimensions of forty five feet by fifteen feet (45’x15’); b) a restroom with approximate dimensions of twenty feet by eight feet 20’x8’) with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40’x8’); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute “development” as defined in Section 3.4. 6.Conditions and Limitations to Operation of Timber Creek Recycling . To mitigate or ameliorate any adverse effects from Timber Creek’s operation on the Property, Timber Creek shall comply with the following conditions on its operation: Meridian City Council Meeting Agenda September 18, 2018 – Page 341 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 433 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 198 of 396 AMENDED DEVELOPMENT AGREEMENT -10 55663.0002.10635510.1 55663.0002.11338988.1 6.1 Extent of Operations on Property. Timber Creek’s Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may store and use processed Recycling Materialson the balance of the Property . 6.2 Composting.Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Prior to composting in quantities which would require approval as a Tier 2 composting facility, Timber Creek shall satisfy all requirements imposed on Tier 2 composting facilities by the Idaho Department of Environmental Quality (“DEQ”). Timber Creek shall provide proof of satisfaction of DEQ’s requirements to the City prior to composting as a Tier 2 composting facility. In connection with the Tier 2 designation process and operating as a Tier 2 facility,Timber Creek shall: 6.2.1 Odor Management. Adopt an odor management plan as part of the Tier 2 approval process that satisfies DEQ. Upon being designated as a Tier 2 composting facility, Timber Creek will provide a copy of the odor management plan approved by DEQ to the City. 6.2.2 Compliance with DEQ and Central District Health . Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder . Timber Creek shall provide notice to the City upon the installation of the mufflers. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities . Said landscaping will be installed within one (1)year from the date of this Agreement. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: Monday –Friday: 7:00 a.m. to6:00 p.m.(a) Saturday: 8:00 a.m. to6:00 p.m.(b) Meridian City Council Meeting Agenda September 18, 2018 – Page 342 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 434 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 199 of 396 AMENDED DEVELOPMENT AGREEMENT -11 55663.0002.10635510.1 55663.0002.11338988.1 6.4 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will: 6.4.1 Landscaping. Timber Creek will comply with the requirements of Section 6.3.2; 6.4.2 Height of Recycling Materials. Timber Creek will keep the height of piles of Recycling Materials at the greater of : a) twenty-five (25) feet,and b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules. 6.5 Dust Abatement.Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follows: 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek t o minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses.Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 4.8.4 Traffic to Property. The following traffic to and from the Property is hereby permitted and shall not constitute a nuisance: Delivery of Recycled Materials . Delivery of (a) Recycled Materials to the Property may be made by consumer trucks, garbage trucks, semi -trailer trucks, and any other similarly sized trucks. The number of deliveries, on a daily basis, is capped at the number reasonably necessary for Timber Creek Recycling to satisfy its contracts and obligations for the acceptance of the Recycled Materials Meridian City Council Meeting Agenda September 18, 2018 – Page 343 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 435 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 200 of 396 AMENDED DEVELOPMENT AGREEMENT -12 55663.0002.10635510.1 55663.0002.11338988.1 Recycling Activities. Traffic to permit Timber (b) Creek Recycling to adequately Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including , but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composingcomposting, grinding and screening operations Removal of Compost / Other Products is (c) expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District . All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. Owner/Developer may remove as much compost or other products or byproducts of the Recycling Activities or Related Activities as is necessary to maintain the Property, comply with applicable laws and ordinances, and satisfy Timber Creek Recycling’s contracts and obligations relating to the Recycled Materials. Owner/Developer may remove the compost or other products or byproducts of the Recycling Activities by truck or any other means deemed appropriate or necessary, and in sufficient number so as to meet the above mentioned obligations. Other Traffic to Property. All other traffic to the (d) Property necessary for the operation of Timber Creek Recycling, including, but not limited to the sale of compost and other products sold by Timber Creek Recycling. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: Vehicular traffic associated with the agricultural use of the (a) Property such as delivery of feed , livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; Vehicles to and from the Retail Area;(b) Vehicular traffic to and from the Property not carrying (c) Recycling Materials;and Meridian City Council Meeting Agenda September 18, 2018 – Page 344 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 436 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 201 of 396 AMENDED DEVELOPMENT AGREEMENT -13 55663.0002.10635510.1 55663.0002.11338988.1 Vehicular traffic from the Property delivering Recycling (d) Materials for agricultural uses. 6.7 Agency Requirements/Recommendations . Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.7.1 Fire. Emergency Plan. Timber Creek shall prepare and deliver (a) a emergency plan to the Meridian Fire Code Official. Timber Creek shall notify the City upon approval of the emergency plan. Process Hazard Analysis. Timber Creek shall prepare a (b) process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11 - 17 (2015) and deliver to the Meridian Fire Code Official , if required by the Meridian Fire Code Official. 6.7.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.7.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services, upon advance notice. 6.7.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. 6.8 Termination of Recycling OperationsActivities. The above listed recycling activities Recycling Activities on the Recycling Property will cease, unless permitted in the UDC,upon the earliest of the following to occur: 6.8.1 Conveyance to Third Party(a). Upon the conveyance of the Recycling Property to a third party; provided, however, that the conveyance of the Recycling Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer or Timber Creek; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8.3Recycling Activities. For purposes of this Section 4.8.3, an “affiliated entity”is an entity: (a) which is a successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer’s or Timber Creek’s assets or membership Meridian City Council Meeting Agenda September 18, 2018 – Page 345 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 437 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 202 of 396 AMENDED DEVELOPMENT AGREEMENT -14 55663.0002.10635510.1 55663.0002.11338988.1 interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of the latter of: i) written notice that the City of Meridian granting has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the grinding machine located on the Recycling Property, as approximately depicted on the attached Exhibit C; or ii)notice of the granting of a Certificate of Occupancy to any “C”,being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development ” shall mean real property which has: Been annexed into the City;(a) Zoned either with a commercial designation or a residential (b) designation of R-4 or denser; Has been subdivided in accordance with Meridian City (c) Code, excepting however any real property subdivided by a short plat under Meridian City Code 11 -6B-6; and Receives water and sewer services from the City.(d) within 1000 feet of the grinding machine located on the Property being delivered to Owner/Developer.4.9Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by twenty feet (80’x20’) for a scale for the Recycling Activities and sixty feet by one hundred twenty feet 70’x160’). Both building will have a restroom. Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute development” as defined in Section 3.4. In no event will the issuance of a Certificate of Occupancy for any structure existing (b) as of the date of this Agreement,as may be expanded, modified or altered, or for any new accessory building,within 1000 feet of the grinding machine on the Recycling Property trigger Timber Creek’s obligation to cease operations under this Section 6.8.2. 6.9 Sunset on Composting . Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030 . As part of the review, City shall: a) consider the development of the property surrounding the Recycling Property, the benefits derived by the community by the compos ting,and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit composting on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the Meridian City Council Meeting Agenda September 18, 2018 – Page 346 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 438 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 203 of 396 AMENDED DEVELOPMENT AGREEMENT -15 55663.0002.10635510.1 55663.0002.11338988.1 terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). 6.10 Tolling of Deadlines. In the event the approval of this Agreement is challenged, contested or appealed, in any manner, the deadlines imposed on Timber Creek under this Section 6 shall be tolled until all challenges, contents and appeals have been completely and finally resolved. 7. 5.CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 5.1Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 5. 1.1Future Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 5. 1.2Future Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 5. 1.3Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 5. 1.4Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8.COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 6.1The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective,the Utility Extension will include, but is not limited to, the extension of: Meridian City Council Meeting Agenda September 18, 2018 – Page 347 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 439 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 204 of 396 AMENDED DEVELOPMENT AGREEMENT -16 55663.0002.10635510.1 55663.0002.11338988.1 Water Mains; and(a) Sewer Mains; and(b) Trunk Lines.(c) A complete description of the Utility Extension is set forth in Exhibit “C”, incorporated by reference to this Agreement. 8.2 6.2The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subjec t to the following conditions: Acts of God; or(a) Denial of the Application by the City or any other (b) governmental agency with authority to approve or deny the Application or Utility Extension ; or Any legal challenge to the annexation of the Property that (c) causes the delay of the annexation approval; or The inability of the City to acquire all the needed target (d) properties necessary to allow for the necessary expenditure of the Utility Extension; or Economic limitations, as prescribed by law; or(e) Permitting limitations or denials; or(f) The inability to acquire the necessary easements for the (g) Utility Extension; or Geology and/or geography of the area; or(h) Weather conditions that may cause delay; or(i) Unavailability or delay of materials for the Utility (j) Extension; or Meridian City Council Meeting Agenda September 18, 2018 – Page 348 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 440 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 205 of 396 AMENDED DEVELOPMENT AGREEMENT -17 55663.0002.10635510.1 55663.0002.11338988.1 Review or delay by other agencies needed for approvals of (k) the Application or Utility Extension; or Labor disputes, strikes, work stoppages; or (l) Limitations by other governmental, semi - governmental, or (m) private industry restrictions unanticipated at the time of execution of this Agreement; or Any and all contingencies, whether anticipated or not,that (n) are beyond the control of the City. 8.3 6.3In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections (a)to (n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 8.4 6.4This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 9.DEFAULT/CONSENT TO DE - ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner / Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period . In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section Meridian City Council Meeting Agenda September 18, 2018 – Page 349 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 441 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 206 of 396 AMENDED DEVELOPMENT AGREEMENT -18 55663.0002.10635510.1 55663.0002.11338988.1 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement 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 within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2,the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that 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. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10.INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property,as required 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 Agreement and all other ordinances of the City that apply to said Property. 11.REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense,either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of Meridian City Council Meeting Agenda September 18, 2018 – Page 350 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 442 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 207 of 396 AMENDED DEVELOPMENT AGREEMENT -19 55663.0002.10635510.1 55663.0002.11338988.1 the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10.ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12.SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13.CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14.ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement,and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15.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:City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to:City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER:L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 14.1A 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. Meridian City Council Meeting Agenda September 18, 2018 – Page 351 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 443 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 208 of 396 AMENDED DEVELOPMENT AGREEMENT -20 55663.0002.10635510.1 55663.0002.11338988.1 16.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. 17.TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18.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/Developer, 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 benefited 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. 19.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. 20.DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21.FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/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 Owner/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 and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 20.1No condition governing the uses and/or conditions governing re- zoning 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 Meridian City Council Meeting Agenda September 18, 2018 – Page 352 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 444 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 209 of 396 AMENDED DEVELOPMENT AGREEMENT -21 55663.0002.10635510.1 55663.0002.11338988.1 the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22.EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] Meridian City Council Meeting Agenda September 18, 2018 – Page 353 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 445 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 210 of 396 AMENDED DEVELOPMENT AGREEMENT -22 55663.0002.10635510.1 55663.0002.11338988.1 IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________By: Name: Title: CITY OF MERIDIAN: Date: __________________________By: Mayor Tammy De Weerd ATTEST: Jaycee L. Holman, City Clerk Meridian City Council Meeting Agenda September 18, 2018 – Page 354 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 446 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 211 of 396 AMENDED DEVELOPMENT AGREEMENT -23 55663.0002.10635510.1 55663.0002.11338988.1 STATE OF IDAHO ) ss. County of Ada ) On this _____ day of FebruarySeptember, 2018, before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this _____ day of ______________, 2018, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively,of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires Meridian City Council Meeting Agenda September 18, 2018 – Page 355 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 447 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 212 of 396 AMENDED DEVELOPMENT AGREEMENT -24 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Meridian City Council Meeting Agenda September 18, 2018 – Page 356 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 448 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 213 of 396 AMENDED DEVELOPMENT AGREEMENT -25 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBITB COPY OF FINDINGSOF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER Meridian City Council Meeting Agenda September 18, 2018 – Page 357 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 449 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 214 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 450 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 215 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 451 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 216 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 452 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 217 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 453 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 218 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 454 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 219 of 396 MeridianCityCouncilMeetingAgendaOctober162018Page393of419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 455 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 220 of 396 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of Council approval of the amended signed DA, after which all uses associated with the facility shall cease and all materials, equipment, structures, site modifications, etc. associated with the use shall be removed and the site reclaimed to its former agricultural use/condition. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials Property shall be screened sufficient to block the view of the processing facility, including materials stored on the site, from S. Locust Grove Rd. and W. Columbia Rd. prior to commencement of the proposed expanded use; the buffer area shall result in a barrier that allows trees to touch at the time of tree maturity and contain a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover;” 3. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10.” 4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4.” 5. Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 394 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 456 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 221 of 396 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of the proposed expanded use. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #5.2.2 Screening has been installed.” 7. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materialsto minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 8. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9. Add provision: “The leaching pond(s) and any other open water pond(s) on the site shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10. Add provision: “All mechanical equipment and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Property shall be located at least 300 feet from abutting residential districts.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” Meridian City Council Meeting Agenda October 16, 2018 – Page 395 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 457 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 222 of 396 12. Add provision: “Burning, incinerating, burying, or any other manner disposing of solid waste or recyclable materials is prohibited on Property as set forth in Meridian City Code 4-1-10.” 13. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6. 2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda October 16, 2018 – Page 396 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 458 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 223 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings on December 4, 2018) A. Findings of Fact 1. Hearing Facts: Following proper notice, on September 18 and November 7, 2018, the Meridian City Council held a public hearing on a request tomodify the development agreement. Following the public hearing, the Council approved the request with only one change to the provisions proposed by the applicant (to section 6.8.2, Development of Adjacent Property, changing grinding machine” to “processing area”). 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 Note: Because the Director deemed the proposed use to be heavy industrial and because of the potential impact on adjacent residential properties, radius notices were sent to property owners within 1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-5A-5E.2c. e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, sheetrock, food waste, and Meridian City Council Meeting Agenda December 4, 2018 – Page 350 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 459 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 224 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 2 - garden waste recycling business, as identified in the Original Development Agreement as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, currently operates on this property in the R-4 zoning district. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the DA – no change in the uses specified in the DA are allowed without modification of the agreement. e. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 f. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 g. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. Meridian City Council Meeting Agenda December 4, 2018 – Page 351 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 460 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 225 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 3 - C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A, nor UDC section 11-5B-3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant’s request for a modification to the existing development agreement is hereby approved. (See attached Development Agreement Modification Provisions). D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated priorto signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. This is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. Meridian City Council Meeting Agenda December 4, 2018 – Page 352 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 461 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 226 of 396 By action of the City Council at its regular meeting held on the day of ()P -CP -M bEK-- 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED —" COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED Yt MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tam de Weerd Attest: C y Cole City Clerk 0 of w C -/V[ E ..iDIAN!--- IDAHO z SEAL Zr_ 1P Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C)0w 5W rU/ -i Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 4 - EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 462 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 227 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of the City Council approvals of the amended signed DAAgreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) and the activity shall cease; provided, however, that Timber Creek may submit an application. If the applicant requests to the City Council to review the activityRecycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. before the ten (10) year time period for renewal for an additional time period as determined by the City Council at that time. Timber Creek shall submit theThe request for a review shall be no later than one (1) year priorto the expiration of the ten (10) year period use. Upon review, tThe City Council canmay, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activitiesat their discretion, if they allow the activity to continue. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property extend the use beyond the initial ten (10) year time period then, at their the City Council’s direction and by the date as determined by themthe City Council, after which all the Recycling Activities uses associated with the facility shall cease at a date to be determined and all materials, equipment, structures, site modifications, etc. associated with the use Recycling Activity shall be removed and the site Recycling Property reclaimed to its former agricultural use/condition. . In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, If the time period is extended to a future date certain then the City Council may review the activityRecycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. on or about that date certain and consider an additional extension with the same or modified conditions to the Agreement. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials. 3.2. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement.” 4.3. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as Meridian City Council Meeting Agenda December 4, 2018 – Page 354 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 463 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 228 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement” 5.4. Modify provision #5.3.3, Compliance with all federal, state, and locate local entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. 6.5. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Planin this Modified Agreement as required in provision #5.2.2 Screening has been installed.” 7.6. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. Meridian City Council Meeting Agenda December 4, 2018 – Page 355 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 464 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 229 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Surface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 8.7. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9.8. Add provision: “The leaching pond(s), if applicable and, and any other open water pond(s) for run off or drainage on the site Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10.9. Add provision: “All mechanical equipment, (excluding all private or commercial vehicles) and operations, power-driven processing equipment and operations on the Recycling Property shall be located at least 300 feet from abutting residential districts. All shipping and delivery areas, storage, and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” 10. Add provision: “Burning, Burning or incinerating, ,burying, or any other manner to disposing dispose of solid waste or recyclable materials is prohibited on Property. as set forth in Meridian City Code 4-1-10.” 11. The ApplicantTimber Creek shall provide a detailed site plan, as an Exhibit “B” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ing the area of the recycled property area; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to used for the Recycling Activities. The Recycling Property shall not , the location of the recycling equipment, the farming property, and the remainder of the property related to this Development Agreement. The Recycle property shall not exceed the identified thirty-six (36) acres in total. 12. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” Meridian City Council Meeting Agenda December 4, 2018 – Page 356 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 465 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 230 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda December 4, 2018 – Page 357 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 466 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 231 of 396 ADA COUNTY RECORDER Christopher D. Rich 2016_007075 BOISE IDAHO Pgs=69 BONNIE 01127/2016 11:26 AM MERIDIAN CITY NO FEE II'IIIIIIII'I' III'IIIIIII)III 11 1111 1111111111 00188018201600070750690696 DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2. L & G Murgoitio, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this a(o day of 20by and between the City of Meridian, a municipal corporation of the State of Idand, hereafter called "City", and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called "Owner/ Developer." 1. RECITALS: 1.1 WHEREAS, the 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 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC"), 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 ("Application") requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.6 WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as the Property is developed or re-developed; and DEVELOPMENT AGREEMENT - 1 02872.0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 467 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 232 of 396 1.7 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re -development and were not included in this Agreement; and 1.8 WHEREAS, the Owner/Developer, the City, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to the current uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City's planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the h J day of 2011 O , approved certain Findings of Fact and Conclusions of Law an Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and 1.12 WHEREAS, the 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 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. DEVELOPMENT AGREEMENT - 2 02872.0008. 7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 468 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 233 of 396 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, unless the clear context of the presentation of the same requires otherwise: 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 of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/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" describing the parcels to be re -zoned R-4 (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. DEVELOPMENT AGREEMENT - 3 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 469 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 234 of 396 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property as is currently conducted or may be conducted in the future. The following outlines the primary activities, but not all activities, related to the operation of Timber Creek Recycling on the Property: 4.8.1 Recycled Materials. Timber Creek Recycling receives the following materials (collectively "Recycled Materials"): a) Wood. Wood is delivered to the Property from the Ada County Landfill and Republic Services. Owner/Developer is allowed to have up to twenty (20) truckloads of wood delivered to the Property daily. b) Grass. Grass clipping are delivered to the Property from Republic Services. Owner/Developer is allowed to have up DEVELOPMENT AGREEMENT - 4 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 470 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 235 of 396 to five (5) truckloads of grass clippings delivered to the Property daily. c) Leaves. Leaves are delivered to the Property from the Ada County Landfill. Owner/Developer is allowed to have up to ten (10) truckloads of leaves delivered to the Property daily. d) Sheetrock. Sheetrock is delivered to the Property from Republic Services. Owner/Developer is allowed to have up to five (5) truckloads of sheetrock delivered to the Property daily. e) Other Materials. Owner/Developer is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) through4.8.1(d) or are intended for agricultural uses. Owner/Developer will be allowed a reasonable number of truckloads of these other materials per day, but in no event to increase the existing number of truckloads per day by forty percent 40%) for each new material. 4.8.2 Recycling Activities. Owner/Developer is entitled to continue to accept, process and utilize the Recycled Materials as is currently done on the Property. For purposes of clarity, but not limitation, the following are the primary uses of the Recycled Materials: a) Wood. Wood is ground, screened and stored on the Property until used for bedding. Excess ground wood may be sold following Owner/Developer's current business model and operations (wholesale without advertising signage) unless Owner/Developer complies with the applicable provisions of the Meridian City Code. Owner/Developer is not limited to the number of truckloads of ground wood from the Property per day. b) Grass. Grass is utilized as feed for livestock, as a soil amendment, and for other agricultural use on the Property. c) Leaves. Leaves are processed and used on the Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner/Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown offof the Property. DEVELOPMENT AGREEMENT - 5 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 471 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 236 of 396 d) Sheetrock. Sheetrock is ground with wood and stored on the Property until used for bedding or soil amendment. e) Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner, 4.8.3 Termination of Recycling Operations. The above listed recycling activities on the Property will cease, unless permitted in the UDC: a) Upon the conveyance of the Property to a third party; provided, however, that the conveyance of the Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8. 3. For purposes of this Section 4.8. 3, an "affiliated entity" is an entity: (a) which is a successor to Owner/Developer by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer's assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or b) Within thirty (30) days of the latter of: i) the City of Meridian granting a Certificate of Occupancy to any residential or commercial development within 1000 feet of the grinding machine located on the Property, as approximately depicted on the attached Exhibit C; or ii) notice of the granting of a Certificate of Occupancy being delivered to Owner/Developer. 4.9 Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by eighty feet (80'x80') and sixty feet by one hundred twenty feet (70'x160'). Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute " development" as defined in Section 3.4. 5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT - 6 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 472 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 237 of 396 5. 1.1 Future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 5.1.2 Future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 5.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 5.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 6. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 6.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: a) Water Mains; and b) Sewer Mains; and c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "C", incorporated by reference to this Agreement. 6.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder DEVELOPMENT AGREEMENT - 7 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 473 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 238 of 396 Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: a) Acts of God; or b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or e) Economic limitations, as prescribed by law; or f) Permitting limitations or denials; or g) The inability to acquire the necessary easements for the Utility Extension; or h) Geology and/or geography of the area; or i) Weather conditions that may cause delay; or j) Unavailability or delay of materials for the Utility Extension; or k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or 1) Labor disputes, strikes, work stoppages; or m) Limitations by other governmental, semi -governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 6.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 6.2 due DEVELOPMENT AGREEMENT - 8 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 474 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 239 of 396 to the occurrence of any of the conditions set forth in Sections 6.2(a) to 6.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 6.4 This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 7.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non -defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 7.3 Remedies. 7.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement 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 within this Agreement or to de -annex the Property. DEVELOPMENT AGREEMENT - 9 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 475 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 240 of 396 7.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2, the City shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that 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. 7.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required 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 Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re -zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. DEVELOPMENT AGREEMENT - 10 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 476 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 241 of 396 12. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de -annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 14. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 14.1 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. 15. 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. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. 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 DEVELOPMENT AGREEMENT - 11 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 477 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 242 of 396 Agreement shall be binding on the Owner/Developer, 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 benefited 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. 18. 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/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 Owner/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 and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning 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. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] DEVELOPMENT AGREEMENT - 12 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 478 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 243 of 396 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & urgoitio, LLC 7r.e41-4 7/ B B IJ%i12Date: Name: Title: me v -' CITY OF MERIDIAN: Date: 11 Zco frb By: Mayor Tier De Weers ATTEST: 41110 I J/-- Jaycee L. a lman, City Clerk at DEVELOPMENT AGREEMENT - 13 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 479 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 244 of 396 STATE OF IDAHO ss. County of Ada On this 1E1/46 day of August, 2015, before me, A(,!CA1i`k-1C1c rc_ ,-- a Notary Public in and for said State, personally appeared ba..r J - U. 1/V1 u f u( ` known or identified to me to be the manager or a member of L & G Murgoiti6, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ALliatu gliu2A4:(,) Notary Publ' for Idaho Residing at I SQ 1 o My commission expires STATE OF IDAHO ss. County of Ada On this R(O day of \\p.m..ko. ,-.2{3-1-5, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L olman, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ca ,% JO •'51111111..• '• Notar_Pub is orr • Residing at k o x' J AIMS)/My commission expires \\a r) LI , coo O 474`OF IDS'.•' DEVELOPMENT AGREEMENT - 14 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 480 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 245 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL NO. 1 A parcel located in the E Y of the SE X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SEX, from which an aluminum cap monument marking the northeasterly corner of the SE X of said Section 6 bears N 004'44" W a distance of 2655.72 feet; Thence N 8921'59" W along the southerly boundary of said E % of the SE X a distance of 1323.88 feet to the southwesterly corner of said E X of the SE X; Thence N 002'17" W along the westerly boundary of said E % of the SE X a distance of 2655.45 feet to the northwesterly corner of said E % of the SE X; Thence S 8922'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E % of the SE %; Thence S 0°0444" E along the easterly boundary of said E % of the SE X a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 481 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 246 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC — PARCEL 2 A parcel located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NE %, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE % bears S 001'18" W a distance of 2674.72 feet; Thence S 001'19" W along the westerly boundary of said NE % a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 7830'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; Thence N 43000'20" E a distance of 108.41 feet to a 5/ 8 inch diameter iron pin; Thence N 68036'37" E a distance of 694.84 feet to a 5/ 8 inch diameter iron pin; Thence S 4602'31" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6459'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 022'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence N 49°5959" W a distance of 27.38 feet to a point; Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 2512'16" W a distance of 135.17 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve left, said curve having a central angle of 4400'19" and a long chord bearing N 47012'25" W a distance of 149.86 feet to a point; Page 1 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 482 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 247 of 396 Thence N 69°12'35" W a distance of 194.76 feet to a point; Thence leaving said centerline N 000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NW %; Thence N 89°56'47" W along said northerly boundary a distance of 287.51 feet to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 483 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 248 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE E 1/2 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CE 1/16 1/4 S 89 22'37" E 1321.98' Q SCALE: l`--400' C7 h VLBcGMURGOIT/O, LLC PARCEL 1 N h h N N SE 1/16 S 1/16 N O o O O Z COLUMBIA ROAD 6 5 E 1/16 N 89 21 '59" W 1323.88' 7 8 LA Np POINT OF BEGINNING ONPL G\ST ER G o -c a 5082 CIVIL SURVEY CONSULTANTS, INC. Io/Il f-o 2893 SOUTH MERIDIAN ROAD r£OF P FNHK. MERIDIAN, IDAHO 83642 BENNE 208)888-4312 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 484 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 249 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 N 89 5647" W POINT OF 287.51 ' • 1110 E 1/16 BEGINNING SCALE- I" JOO' oL&G MURGOIT/O, LLC N N o ^ PARCEL 2 0 L NPL LAND ms G\ST,FR G k oma. 5082 0, "r£ of oP Al s \ lFNN K. BENNE 69. 84 N 68.36, 3 0"' + \ L-5 L-4 C, • V N LINE DATA ro LINE BEARING DISTANCE L-1 S 78'30'02" E 191.66' CIVIL SURVEY CONSULTANTS, INC. L-2 N 43'0020" E 108.41' C 1/4 • 2893 SOUTH MERIDIAN ROAD L-3 S 645920" E 64.46' L-4 N 0'2235" W 32.24' MERIDIAN, IDAHO 83642 L-5 N 49'5959" W 27.38' 208)888-4312 L-6 N 25'12'16" W 135. 17' L-7 N 69'1235" W 1 194.76' L-8 N 0'00'01 " E I 104.32' CURVE DATA CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG. C-1 44'0019" 1 200.00 1 153.61 80.82 149.86 N 47'1225" W EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 485 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 250 of 396 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 486 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 251 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C WEgIDIANI", In the Matter of the Request for Annexation of Approximately 1322.14 Acres from RUT in Ada County to the R-4 (Medium Low-density Residential) (1241.10 Acres), R-8 (Medium Density Residential) (10.37 Acres), R-15 (Medium High-density Residential) (30.10 Acres) and C -G General Retail and Service) (40.57 Acres) zoning districts, for South Meridian, by City of Meridian Planning Division. Case No(s). H-2015-0019 For the City Council Hearing Date of. December 15, 2015 (Findings on January 5, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 1- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 487 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 252 of 396 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Agency Comments all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. These are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation is hereby approved per the Agency Comments in the attached Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. E. Attached: Staff Report for the hearing date of December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015- 0019 2- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 488 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 253 of 396 By action of the City Council at its regular meeting held on theday of , 2016. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED j COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD - VOTED TIE BREAKER) G¢ Qo' CUD ar my de Weerd Attest: " City of aw tiP e Ho a , Clerk re: rne s Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: / Z' City C erk's Of Ic CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 3- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 489 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 254 of 396 EXHIBIT A STAFF REPORT w T Hearing Date: December 15, 2015 L, 1 I-- TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: South Meridian — H-2015-0019 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 1322.14 acres of land from the RUT zoning district in Ada County to the R-4 (Medium -low density residential) (1241.10 acres); R-8 (Medium -density residential) (10.37 acres); R-15 (Medium high-density residential) (30.10 acres) and C -G (General retail and service) (40.57 acres) zoning districts. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on November 19. 2015. At the Dublic hearing. the Commission voted to recommend aDDroval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division (Caleb Hood). Mari Taysom. Robin Willeman. Brian White(neutral); Carl and Bonnie Reiterman, Susan Blomberg, Kurin Ramis and Cynthia Davis ii. In opposition: Ronald Galloway iii. Commenting: Kent Mills, Gary Hanson (opposition), Jay Christensen, Dave Taysom, Gordon Hamilton and Aaron Raay iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. District boundaries between the established Fire Districts, the Kuna School District and West Ada School District and how/if those are affected with the proposed annexation boundary. ii. Future development of the City park site. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian Citv Council heard this item on December 15. 2015. At the public hearing. the ncil approved the subject AZ r South Meridian AZ — H-2015-0019 PAGE- 1 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 490 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 255 of 396 EXHIBIT A a. Summary of City Council Public Hearing: i In favor: Planning Division (Caleb Hoodl jj. In opposition: None iii. Commenting: Kent Brown iv. Written testimony: None Y, Staff presenting application: Caleb Hood vi. Other staff commenting on application: Warren Stewart and Bill Nary b. Key Issues of Discussion by Council: L Execution of sewer easements on private properties that are within the first phase utility extension. ii. The language of the default clause in the development agreement and how that affects the annexation of subject properties if the public infrastructure is not extended within established tjme perjods. iii. Ability to rezone some of the subject properties in the future. jv. Using the Comprehensive Plan to inform residents of the future development potential f the properties requesting annexation. r,, Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0019, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0019, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject properties are generally located along W. Amity Road, east of S. Linder Road, west of S. Eagle Road and north of E. Columbia Road in Section 25, Township 3 North, Range 1 West; Section 36, Township 3 North, Range 1 West; Section 1, Township 2 North, Range 1 West; Section 6, Township 2 North, Range 1 East; Section 31, Township 3 North, Range 1 East; Section 32, Township 3 North, Range 1 East and Section 5, Township 2 North, Range 1 East. B. Owner(s): The proposed annexation is comprised of 42 parcels owned by 22 different property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 South Meridian AZ — H-2015-0019 PAGE 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 491 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 256 of 396 EXHIBIT A D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2, and November 16, 2015 (Commission); November 23, and December 7, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (Council) D. The properties were posted on: November 6, 2015 (Commission); December 2, 2015 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally rural residential in nature. Some are developed with residences or are being farmed; several of the properties have commercial/industrial type uses operating from them. All properties are currently zoned RUT Ada County. B. History of Previous Actions: NA C. Utilities: There are two phases in which the infrastructure will be extended. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. These commitments are memorialized in the development agreements signed by the property owners. D. Physical Features: Canals/Ditches Irrigation: The Rawson Canal, Farr Lateral, Calkins Lateral, Carlson Lateral, Beckdolt Lateral, McBirney Lateral and various other irrigation ditches transverse the subject properties. Hazards: A 75 -foot easement for the Williams -Northwest Pipeline Corporation transverses through a portion of the properties west of S. Meridian Road proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are 1,322 acres on 42 parcels included with the annexation request. While a majority of the properties are planned for residential, there are seven (7) distinct land use designations shown on the Future Land Use Map. The subject properties have the following land use designations: 1) "Low Density Residential" (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) "Medium Density Residential" (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. South Meridian AZ — H-2015-0019 PAGE 3 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 492 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 257 of 396 EXHIBIT A 3) "Medium High Density Residential" (MHDR) - The MHDR designation envisions residential developments consisting of townhomes, condominiums, and apartments at anticipated densities of 8 to 15 dwelling units per acre. 4) "Mixed-use Community (MU -C) and Mixed-use Regional" (MU -R) - In the broader content of these mixed use areas, the Comprehensive Plan envisions these areas to develop, including but not limited to, the following characteristics: Residential densities at a minimum of 6 dwelling units to the acre; Where feasible higher density along SH 69 to serve employment destination centers; A conceptual site plan; Provide community serving facilities such as hospitals, schools, parks, public safety facilities and churches; Provide some form of common, usable area, such as a plaza or green space; Landscape buffering between commercial and existing low or medium density residential; Three different types of land uses and; Be accessible to neighborhoods by both vehicles and pedestrians. Provide street sections consistent with the Ada County Highway District's Master Street Map. 5) "Mixed-use Non-residential" (MU -NR) — The MU -NR designation envisions areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned/or existing uses in these areas. Sample uses include a mix of employment, professional offices, warehousing, flex buildings and storage uses.. 6) "Civic" — The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. The City, at the request/consent of the property owners, is proposing to annex approximately 1,322 acres of land with the R-4, R-8, R-1 5 and C -G zoning districts. It is envisioned that some of the subject properties will seek re -zoning consistent with the Future Land Use Map (FLUM) designations in the future. At this time, no development is proposed with the subject annexation request and therefore a vast majority of the property (1,241 acres) is proposed to be annexed as R-4. All of the subject property owners have signed a Development Agreement (DA) that will be executed if the subject annexation is approved. Within each DA is a requirement that any proposed development plan be reviewed and approved as an amendment to the executed Development Agreement. Upon development/re-development of all these properties in the future, adherence to the characteristics of their respective land use designation described above will be required. Staff also finds the following generally Comprehensive Plan policies to be applicable to this application (staff analysis in italics): Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services." (3.04.01 H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. See Exhibit B). Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) South Meridian AZ — H-2015-0019 PAGE 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 493 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 258 of 396 EXHIBIT A Much of this area is rural in nature. A majority of the properties contained within the annexation boundary are designated for residential uses and will be zoned with a residential zone. Under the R-4, R-8 and R-15 zoning districts a mix of residential housing is allowed in these districts that should provide additional housing choices in the area, when development is proposed in the future. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) No permits are requested and none are being approved with this application. As mentioned above, this is not the final approval for any of the subject properties; urban service availability will be evaluated when development is proposed. As part of the subject application, the City ofMeridian is proposing to extend sewer service into this area, to just south ofAmity Road at Meridian Road. Water, fire, police, parks and other urban services will be evaluated for each property when development is proposed. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) Future development of these properties will be required to comply with the City's subdivision standards in UDC 11-6C-3 and ACHD's Master Street Map and street section standards to provide an appropriate street network for this area ofMeridian. Implement the City's Pathways Master Plan." (5.03.01A) The Comprehensive Plan depicts a 10foot pathway through numerous properties in this area. When future development is proposed, the developer will be required to construct segments of the]Ofoot wide multi -use pathway in accord with the City's Master Pathways Plan. Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.01I) A portion ofproperties south ofMeridian Road are impacted by a 75 foot wide Williams - Northwest pipeline easement. Staff will transmit applications to the gas company when future developments) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Require adequate fees from new development to fund expansion of services." (6.02.01C) With any future development of the subject properties, the developer will be required to pay impact fees to the City (fire, police and/or parks) and ACHD (traffic) to help fund the expansion of City services and future road improvements. Enforce City Codes." (3.05.02D) Future development of these properties will be required to comply with all City codes in effect at the time of application submittal. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are South Meridian AZ — H-2015-0019 PAGE 5 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 494 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 259 of 396 EXHIBIT A distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C -G zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8, R- 15 and C -G zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11 -2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3 for the R-4, R-8, R-15 and C -G zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- 6C-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC l 1-3G) will apply to any future proposed development. F. Future development of the proposed C -G zoned property must comply with the design standards in effect at the time of application submittal. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 1322.14 acres of land contiguous with the City corporate boundaries and within Meridian's Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property owner has submitted consent to annex form. These written consent to annex forms have been recorded. These property owners desire to annex so their respective properties can be developed to urban densities at some time in the near future. However, no development is proposed at this time. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 ( 1241.10 acres); R-8 (10.37 acres); R-15 (30.10 acres) and C -G (40.57 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Pursuant to Idaho Code §67-6511 A, the City may require a development agreement (DA) in conjunction with an annexation. In order to ensure the subject properties develop consistent with the policies and codes of the City, staff recommends a DA as a provision of annexation. South Meridian AZ — H-2015-0019 PAGE 6 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 495 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 260 of 396 EXHIBIT A Over the past year, City Staff has worked with the subject property owners to develop an annexation plan. As mentioned previously, each of the property owners has submitted a signed consent to annex form and development agreements that address current uses and future development of their properties. Each development agreement is customized for the owner and parcel. Some provisions within the development agreements vest owners with land uses and/or operations that are not typically allowed within City limits. For example, some of the properties currently have livestock. In these situations, the development agreement allows that use to continue until development occurs. Further, typically with annexation, existing structures are required to hook-up to services and switch to the City's solid waste schedule. However, in this case, existing structures will not be close enough to hook-up and changing solid waste at this time did not make sense; these and other City Code provisions will be enforced when development occurs. Essentially, the agreements allow the current land uses and operations to continue until development is proposed within the City. Part of the annexation plan involved an active role by the Public Works Department to ensure extension of City utilities, specifically sewer and water. There are a couple of different sewer sheds in this area. Sewer trunks currently existing in Meridian Road near the Victory Road intersection and in Linder Road near the Ridenbaugh Canal (see attached South Meridian Conceptual Plan). Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian". This section outlines the advancement of sewer and water infrastructure for the benefit of the subject properties. This section explains the City's role in planning, designing and construction of infrastructure over time. There are two phases in which the infrastructure will be installed. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. NOTE: These extensions of utilities are not comprehensive and will not allow all of the subject properties to develop immediately after installation. Additional extension of these utilities is needed in the future. It is envisioned that the additional extension of these utilities be done by/with developers in the future. The future development of these properties will have to adhere to the characteristics of their underlying land uses and all City of Meridian ordinances in effect at the time of development, including any necessary utility extensions. A more thorough review of development and utility plans will occur once development is proposed for the subject properties. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Maps 2. Future Land Use Map 3. Exhibit Map of Annexation Boundary 4. South Meridian Conceptual Plan B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code South Meridian AZ — H-2015-0019 PAGE 7 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 496 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 261 of 396 EXHIBIT A A. Drawings 1. Vicinity Map South Meridian AZ—H-2015-0019 PAGE 8 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 497 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 262 of 396 EXHIBIT A 2. Future Land Use Map South Meridian AZ — H-2015-0019 PAGE 9 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 498 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 263 of 396 EXHTBTT A 3, Exhibit Map of Annexation Boundary EXHIBIT F SIM 7 CH TOACCOMPANY2VNINGDESCRIP77ONS FOR THE CITY OFMERDhWL0 4TEDIN SEC77CWS SAND B, 70WNSHIP2 N0 77Y,, RANGE 1 EAST, SEC77ON 1, TOWNSHIP2NORM, RANGE 1 WEST, SECTIONS 31 AND 32, 7VWNSHIP3 NOR 7H- ,, RANGE 1 EAST, SEC77OMS25AND 36, TOWNSHIP3NORTH,, RANGE 1 WEST, BOISEMERIDIAN, ADA COUNTY, IDAHO LEGEND 4 7 tia RON L• 77+ r d 1 i'p 4 . ti o , r4wM o a s•oc o y4, South Meridian AZ — H-2015-0019 PAGE 10 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 499 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 264 of 396 4. South Meridian Conceptual Flan W 1''i Feet I EXHIBIT A M E 13U. 17Y7 ishgrsriiJtY`i y • i Legend _ +'r AlfTlfr K Arrityd F Sting Sewer ` 1 r r Future Phase 1 Sevres \ Future Phase 2 Sewer 4 1 Phase 1 Area P Phasa 2 Area Kuna CIty Limits rw MaridianCity rnite o Df ti rT r UY c4 MsddlRn uukas no reprarwnebm w wnr7rRies, ecTressed or InlPlied as ffl tho aca-raCV. Camplatanetz, timdr- Q rights to usa If ihis Hwmudm, City of Memlian shall rd bts faUo far nwcraecles wm1 uw. Fubura phase sewer lamrinn€ wa pnmllzsd ead wl>jad to grudRQWn. South Meridian Conceptual Flan hfa m -p is ma* Flom dr#a ospYnahled byAl. C..*Ada CsuntY!OWO tent be Ilabrefbr nacaaapes wmisuse of this trop, hops bsiving this flis" mer may be photampled trimly liorever, use In sryrnlg Gdf*'M r0gsresthe wriltenpermissim ofAda County. C44{ ;P ri gmtat111111 I CJ 4A South Meridian AZ — H-2015-0019 PAGE 11 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 500 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 265 of 396 EXHIBIT A B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation - Comments 1. 1.1 All property owners shall execute a development agreement with the City of Meridian prior to annexation into the City. 1. 1.2 Any development of land containing the 75 -foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. 1.1.3 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.4 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8, R-15 and C -G zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 As part of the annexation plan, the Public Works Department was actively involved to ensure extension of City utilities, specifically sewer and water. Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian" as follows: The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation and; The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. South Meridian AZ — H-2015-0019 PAGE 12 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 501 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 266 of 396 C. Legal Description and Exhibit Maps EXHIBIT A EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO A parcel located in the W % and the NE X of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Boise Meridian,. the NE Y of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE Y. of the NW'/. of Section 36, Township 3 North, Range 1 West, Boise Meridian, the SE % of the SW X of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, flange 1 East, Boise Meridian, and the SW Y. of Section 32, Township 3 North, Range 1 East, Boise Meridian, AdaCounty, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89°21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N G'00'10" E along the westerly boundary of said SE l a distance of 1327.59 feet to the southeasterly corner of the NE Y4 of the SW 34 of said Section 6; Thence N 89°17"26" W along the southerly boundary of said NE J of the SW Y. a distance of 1331.53 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said NE Y of the SW Y4; Thence N 0"27' 37" E along the westerly boundary of said NE'/ of the SW ! a distance of 1325. 33 feet to a brass cap monument marking the northwesterly corner of said NE Y, of the 5W'/; Thence S 8923'05" E along the northerly boundary of said NE Ya of the SW % a distance of 1320.92 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of the SW "/ of the NE Y4 of said Section 6; Thence N 0'00'19" E along the westerly boundary of said SW'/. of the NE X a distance of 1324.27 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SW % of the NE %; Thence S 89°27'40" E along the northerly boundary of said SW Y4 of the NE % a distance of 1321.03 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said 5W Y4 of the NE %; Thence S 0'02' 48" E along the easterly boundary of said SW J of the NE'/ a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Page 1 of 12 South Meridian AZ —H-2015-0019 PAGE 13 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 502 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 267 of 396 EXHIBIT A Thence 5 68`21'07" W a distance of 83.05 feet to a point; Thence S 58917'20" W a distance of 78.37 feet to a point; Thence 5 45*03'54" W a d istance of 112.64 feet to a point; Thence S 24"12'25" W a distance of 318.61 feet to a point; Thence 5 7'46'16" W a distance of 61.54 feet to a point; Thence S 12°36'26" E a distance of 60.29 feet to a point; Thence S 30'39'02" E a distance of 415.51 feet to a point; Thence 5 19`39'30" E a distance of 279.77 feet to a point; Thence 5 29' 39'25" E a distance of 59.76 feet to a point; Thence 5 41' 56'40" E a distance of 62.27 feet to a point; Thence 5 52°05' 27" E a distance of 62,16 feet to a point on the westerly boundary of the NE N of the SE'! of said Section 6; Thence leaving said centerline N 0'£12'17" W along said westerly boundary a distance of 631.35 feet to the southwesterly corner of the 5E'/. of the NE Y4 of said Section 6; Thence N 0"02'08" W along the westerly of said SE Y of the NE X a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78° 25' 56" E a distance of 172.22 feet to a point; Thence N 5455'21" E a distance of 85. 30 feet to a point; Thence N 31" 51'13" E a distance of 102.72 feet to a point; Thence N 10"25'11" E a distance of 390.20 feet to a point; Thence N 5`26' 51" W a distance of 113.22 feet to a point; Page 2 of 12 South Meridian AZ —H-2015-0019 PAGE 14 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 503 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 268 of 396 EXHIBIT A Thence N 18' 56" 19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61°32'56" W a distance of 114.87 feet to a point; Thence N 74'58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0"02' 08" W a distance of 862..34 feet to a 5/ 8 inch diameter iron pin on the southerly boundary of the SE X. of said Section 31; Thence N 89" 42'18" W along the southerly boundary of said SE X a distance of 1370-03 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E/; Thence N 0"16'58" E along the westerly boundary of said 5E'/s a distance of 2684.95 feet to a stone marking the southeasterly comer of the NW % of said Section 31;. Thence S 89"57'01" W along the southerly boundary of said NW Y. a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5°34'57" W a distance a distance of 142.10; Thence N 40"14' 52" W a distance of 207.58 feet to a point; Thence S 89`57'03" W a distance of 711.02 feet to a point on the westerly houndary of said NW l; Thence S 037'40" W along said westerly boundary a distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence S 0°05' 05" E along the westerly boundary of said Government Lot 3 a distance of 1334,93 feet to the southwesterly corner of said Government Lot 3; Thence S 89`53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the SE Y. of the SW Y. of said Section 31; Thence S 0"02'00" E along the westerly corner of said 5E'/. of the SW X a distance of 1338.69 feet to a 5/8 inch diameter iron pan marking the northwesterly corner of the E % of the NLN Y. of said Section 6; Page 3of12 South Meridian AZ —H-2015-0019 PAGE 15 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 504 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 269 of 396 EXHIBIT A Thence S 0°26'46" W along the westerly boundary of said EY, of the NW 'Y a distance of 2645.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89"23' 05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89"50'22" E a distance of 205.00 feet to a '/2 inch diameter iron pin; Thence S O'51'13" W a distance of 50.00 feet to a h inch diameter iron pin; Thence N 89`50' 22" E a distance of 190.40 feet to a Y2 inch diameter iron pin; Thence N 0'51'13" E a distance of 150.00 feet to a Y2. inch diameter iron pin; Thence S 89°50' 22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 051'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary 5 80"55'41" W a distance of 359.01 feet to a point; Thence S 65`13'12" W a distance of 115.62 feet to a point; Thence 5 55`17'04" W a distance of 137.84 feet to a point; Thence N 50' 45'40" W a distance of 111.90 feet to a point; Thence N 23'19' 53" W a distance of 105.88 feet to a point; Thence N 60°00'15" W a distance of 247.58 feet to a point; Thence leaving said centerline N 052'35" E a distance of 75.58 feet to a 518 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 12 South Meridian AZ —H-2015-0019 PAGE 16 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 505 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 270 of 396 EXHIBIT A Thence 5 88"49' 30" E along said southerly boundary a distance of 262.38 feet to a 5j8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0°53' 24" E along the westerly boundary of said Lot 2 a distance of 131$.34 feet to a point on the northerly boundary of the NE'/ of said Section 1; Thence N 89°03' 22" W along said northerly boundary a distance of 69992 feet to a point on the extension of the easterly boundary of Lot 4 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 18010 in said office of the Recorder; Thence leaving said northerly boundary 5 0°53'24" W along said easterly boundary distance of 657.80 feet to a Yx inch diameter iron pin marking the southeasterly corner of said Lot 4; Thence N 88'56' 24" W along the southerly boundary of Lots 3 and 4 of said LAKE HAZEL ESTATES a distance of 639.64 feet to a% inch diameter iron pin marking the southwesterly corner of said Lot 3; Thence 5 0°54'08" W along the easterly boundary of Lots 6 and 7 of said LAKE HAZEL SUBDIVISION a distance of 656.46 feet to a Yz inch diameter iron pin marking the southeasterly corner of said Lot 7; Thence N 88°49'40" W along the southerly boundary of said Lot 7 a distance of 664.77 feet to a Ys inch diameter iron pin markingthe southwesterly corner of said Lot 7; Thence N 0'54'50" E along the westerly boundary of said Lots 6 and 7 a distance of 655.56 feet to a Y2 inch diameter iron pin marking the northwesterly corner of said Lot 6; Thence S 88°56' 24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to a inch diameter iron pin marking the southwesterly corner of Lot 2 of said LAKE HAZEL ESTATES; Thence N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to a point on the southerly boundary of said E l of Section 36; Thence N 89"03'22" W along said southerly boundary a distance of 332.23 feet to an aluminum cap marking the southwesterly corner of said E %; Thence N 0"26'40" E along the westerly boundary of said E Y2 a distance of 2655.41 feet to a 5j8 inch diameter iron pin marking the northwesterly corner of the SE % of said Section 36; Thence continuing along said westerly boundary N 4"33' 10" E a distance of 1327.40 feet to the southeasterly corner of said NE Y. of the NW Y/ of said Section 36,- Page 6; Page 5 of 12 South Meridian AZ —H-2015-0019 PAGE 17 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 506 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 271 of 396 EXHIBIT A Thence N 89' 28'43" W along the southerly boundary of said NEY4 of the NW !I a distance of 1327.20 feet to the southwesterly corner of said NE Y. of the NW'/; Thence N 0'37'46" E along the westerly boundary of said N E 1. of the NW ti a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E Y of the SW'/. of Section 25; Thence N 0"29'29" E along the westerly boundary of said SE Y of the SW y a distance of 1325.12 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SE'/ of the SW 35; Thence S 89°29'35" E along the northerly boundary of said SE Y of the SW J a distance of 644.67 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary 5 0°27'31" W a distance of 1324.59 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SE'/. of the SW %; Thence along said southerly boundary 5 89°32' 25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E'/x of Section 36; Thence S 89'04'32" E along said northerly boundary a distance of 490.39 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 45'31' 22" E a distance of 45874 feet to a 5j8 inch diameter iron pin; Thence 5 26` 33'24" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Lateral; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 feet to a point; Thence 5 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W l of the NE % of said Section 36; Thence leaving said centerline 5 89°11'57" E along said northerly boundary a distance of 377.58 feet to a X inch diameter iron pin marking the northwesterly corner of the SE'/ of the NE/; Thence S 89'14'22" E along the northerly boundary of said SE % ofthe NE Y. a distance of 1317.70 feet to the northeasterly corner of said SE Y. of the NE Y; Page 6 of 1.2 South Meridian AZ —H-2015-0019 PAGE 18 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 507 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 272 of 396 EXHIBIT A Thence N 89°38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.16 feet to a h inch diameter iron pin marking the southeasterly corner of said Government Lot 1; Thence N 0"25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a'/2 inch diameter iron pin; Thence leaving said easterly boundary 5 89'38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0°37'40" E along said westerly boundary a distance of 252.22 feet to a point; Thence leaving said westerly boundary S 88"46'29" E a distance of 390.26 feet to a 5/ 8 inch diameter iron pin; Thence S 58'38'40" W a distance of 156.34 feet to a 5/8 inch diameter iron pin; Thence S3'07'10" W a distance of 55. 30 feet to a 5/8 inch diameter iron pin; Thence S 85°18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Thence N 16'Or40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38'55'20" w a distance of 147"07 feet to a 5/8 Inch diameter iron pin; Thence N 8°13'20" W a distance of 160.89 feet to a 5/ 8 inch diameter iron pin; Thence S 8922'20" E a distance of 872.30 feet to a 5/8 inch diameter iron pin; Thence S 0'39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81° 55'47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence a distance of 63. 26 feet along the arc of a 70.00 foot radius non -tangent curve left, said curve having a radius point hearing S 85"10'59" E, a central angle of 51`46'49" and a hang chord bearing S 21' 04' 23" E a distance of 61.13 feet to a point; Thence 5 46°57'48" E a distance of 46.18 feet to a point; Thence S 54' 23'15" E a distance of 180.96 feet to a point; Rage 7 of 12 South Meridian AZ —H-2015-0019 PAGE 19 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 508 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 273 of 396 EXHIBIT A Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence 5 70' 07' 17" E a distance of 122.26 feet to a point; Thence 5 62"03' 10" E a distance of 207.12 feet to a paint; Thence 5 64"59' 29" E a distance of 336.28 feet to a point; Thence S 6714'26" E a distance of 111.90 feet to a point; Thence 5 72' 17'51" E a distance of 84.37 feet to a point; Thence S 78' 54' 10" E a distance of 438.92 feet to a point, Thence 5 75' 55'22" E a distance of 104,15 feet to a point; Thence 5 61°21'23" E a distance of 31.75 feet to a point; Thence 546"09'59" E a distance of 190.04 feet to a point; Thence S 55°48'28" E a distance of 41.26 feet to a point,- Thence oint; Thence 5 62'37' 18!' E a distance of 333.06 feet to a point; Thence 5 49'07' 12" E a distance of 153.12 feet to a point; Thence S 4733'37" E a distance of 227.03 feet to a point; Thence S 54' 34'22" E a distance of 101.94 feet to a point; Thence 5 59°52''59" E a dicta nce of 9 2. 18 feet to a point] Thence S 65`32`49" E a distance of 520.78 feet to a point on the northerly boundary of the 5E % of said Section 31; Thence N 89°57'44" E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said 5E Y; Thence 5 0`32'18" E along the easterly boundary of said 5E A a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Page a of 12 South Meridian AZ —H-2015-0019 PAGE 20 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 509 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 274 of 396 EXHIBIT A Thence leaving said easterly boundary S39'43'28!' E a distance of 61.71 feet to a point; Thence S 51°12'28" E a distance of 444.04 feet to a point; Thence S 60'36'06" E a distance of 272.66 feetto a point; Thence S 86`04'27" E a distance of 206.22 feetto a point; Thence 5 73°45'49" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence S 29"41'09" E a distance of 37.13 feet to a point on the easterly boundary of the W 3i of the SW X of said Section 32; Thence leaving said centerline 5 0"08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve having a radius point bearing N 45'03'58" W, a central angle of 16°22' 56" and a long chord bearing S 53'07'30" W a distance of 35.52 feet to a point; Thence S 61'18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.40 foot radius curve right, said curve having a central angle of 31" 53' 35" and a long chord bearing S 77" 15' 45" W a distance of 109.90 feet to a point; Thence N 86°47'27"'W a distance of 364.60 feet to a point; Thence S 83'47'10" W a distance of 30.79 feet to a point; Thence S 69°57' 49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of BW55'30" and a long chord bearing 5 29'30'04" W a distance of 168.73 feet to a point; Page 9 of 32 South Meridian AZ —H-2015-0019 PAGE 21 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 510 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 275 of 396 EXHIBIT A i hence a aistance or 131.s6 Leet along the arc or a lr,u.UU toot raoius curve cert, Baia curve having a central angle of 47°02'46" and a long chord bearing 5 34'29'04" E a distance of 127.72 feet to a point; Thence S 58°00'27" E a distance of 221.94 feet to a point; Thence 5 69°55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W X of the SW % of said Section 32; Thence leaving said centerline 5 0°04'53" E along said easterly boundary a distance of 409.85 feet to a 12 inch diameter iron pin marking the northwesterly corner of the E % of the NW % of said Section 5; Thence S 89'58'21" E along the northerly boundary of said E Y of the NW % a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0'02'19" W a distance of 500.00 feet to a point Thence 5 89°58' 21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y of the NW 3:; Thence N 0` 01' 18" E along said easterly boundary a distance of Soo.00 feet to a brass cap monument marking the northwesterly corner of said NE % of Section 5; Thence 5 89"5547" E along the northerly boundary of said NE 1/. a distance of 287.51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0'00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence S 69"12' 35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44"{}6'19" and a long chord bearing S 47°12'25" E a distance of 149.86 feet to a point; Thence S 25"12'16" E a distance of 135.17 feet to a point; Thence S 22"30'26" E a distance of 1518.71 feet to a point; Page 10 of 12 South Meridian AZ —H-2015-0019 PAGE 22 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 511 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 276 of 396 EXHIBIT A Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline 5 0°22'35" E a distance of 32.24 feet to a paint; Thence N 64'59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46`02' 31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6836'37" W a distance of 694.84 feet to a 518 inch diameter iron pin; Thence 5 43°00'20" W a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30`02" W a distance of 191.66 feet to a 518 inch diameter iron pin on the easterly boundary of said W'h of Section 5; Thence 5 0°01' 18" W along said easterly boundary a distance of 820.26 feet to a 5/8 inch diameter iron pin marking the southeasterly corner of the NW '% of said Section 5; Thence leaving said easterly boundary N 89' 52' 52" W along the southerly boundary of said NW '/a a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW X of said Section 5; Thence 5 0"04'44" E along the westerly boundary of said 5W Ya a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence S 51°21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feet to a point; Thence 5 87°28'41" E a distance of 78.00 feet to a paint; Thence S 4857'41" E a distance of 738.75 feet to a point on the south erty boundary of said W % of Section 5; Thence leaving said northeasterly boundary and centerline S 8932'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,322.14 acres. Page 11 of 12 South Meridian AZ —H-2015-0019 PAGE 23 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 512 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 277 of 396 EXHIBIT A NOTe: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K, Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Rage 12 of 12 South Meridian AZ —H-2015-0019 PAGE 24 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 513 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 278 of 396 EXHTBTT A EXHIBIT B SKETCH TO A CCOMPANYANNEXA TION DESCRIPTION SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR THE CITY OF MERIDIAN LOCA TED IN SECTIONS 5AND 6, 70WNSHIP2 NORTH, R4NGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25AND 36, TOWNSHIP 3 NORTH, R4NGE f WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, NO SC4L-1 BOISEM ERIDWN. AOA COL#RY,104HO LEGEND f f/ / NOT INCLUDED IN ANNEXATION f; u45, j ANNEXA7i0N w 3 BOUNDARY o ` 1 t South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT F SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR 7HECITY OFMERID64NLOC47ED IN FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SEC77C)N 1, TORNSHIP2NO47hl, RANGE 1 WEST, SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, SEC770NS25AND34 7Z7WVSHIP3A(0R77j RANGE' f WEST, BOISEM ERIDWN. AOA COL#RY,104HO nro seaL w 3 o ` 1 t LEGEND ?l Ti_f ar R-4 ZONING R-8 ZONING R-15 ZONING O—G ZONING v jY NOT A PART r. South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 514 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 279 of 396 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 ZONING A parcel located in the W % and the NE 1 of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Braise Meridian, the NE "fa of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE % of the NW Y of Section 36, Township 3 North, Range 1 West, Boise Meridian, the 5E J of the SW "/ of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, Range 1 East, Boise Meridian, and the 5W A of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89"21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N 0°00'10" E along the westerly boundary of said 5E % a distance of 1327.59 feet to the southeasterly corner of the NE Y. of the 5W Y< of said Section 6,- ThenceThence N 89°17'26" W along the southerly boundary of said NE % of the SW A a distance of 1331.53 feet to a 518 inch diameter iron pin marking the southwester#y corner of said NE % of the SW'/; Thence N 027'37" E along the westerly boundary of said NE % of the SW 1 a distance of 1375.33 feet to a brass cap monument marking the northwesterly corner of said NE %; of the SW'/.; Thence S ST23'05" E along the northerly boundary of said NE'/ of the SW "/a a distance of 1320.92 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of the SW Y. of the NE V. of said Section 6; Thence N 0°00`19" E along the westerly boundary of said SW "/. of the NE Y. a distance of 1324.27 feet to a 5/8 inch diameter iron pin m arking the northwesterly corner of said 5W Y of the NE Y; Thence S 89°27'40" E along the northerly boundary of said SW'/ of the NE Y. a distance of 1321.03 feet to a 5/8 inch diameter iron pin m arking the northeasterly corner of said SW Ys of the N E "!; Thence S 0' 02' 08" E along the easterly boundary of said SW N of the NE Y a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Page 1 of 11 South Meridian AZ —H-2015-0019 PAGE 26 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 515 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 280 of 396 EXHIBIT A Thence along said centerline the following described courses: Thence S 81'13'00" W a distance of 77.54 feet to a point; Thence S 68'21'07" W a distance of 83.05 feet to a point; Thence S 5817'20" W a distance of 78.37 feet to a point; Thence S 45°03'54" W a distance of 112.64 feet to a point; Thence 5 24°12' 25" W a distance of 318.61 feet to a point; Thence 5 7`06'16" W a distance of 61.54 feet to a point; Thence S 12°36°26" E a distance of 60.29 feet to a point; Thence S 30' 39'02" E a distance of 415.51 feet to a point; Thence S 1939'30" E a distance of 279.77 feet to a point; Thence S 29' 39'25" E a distance of 59.76 feet to a point; Thence S 41°56'40" E a distance of 62.27 feet to a paint; Thence S 52" 05' 27" E a distance of 62.16 feet to a point on the westerly boundary of the NE A of the SE's of said Section 6; Thence leaving said centerline N 0"02' 17" W along said westerly boundary a distance of 1631.35 feet to the southwesterly corner of the SE Y of the NE % of said Section 6; Thence N 0°02'08" W along the westerly of said SE'/ of the NE Y. a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78"25' 56" E a distance of 172.22 feet to a point; Thence N 54"55' 21" E a distance of 85. 30 feet to a point; Thence N 31° 51'13" E a distance of 102.72 feet to a point; Thence N 1025'11" E a distance of 390.20 feet to a point; Page 2 of 11 South Meridian AZ —H-2015-0019 PAGE 27 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 516 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 281 of 396 EXHIBIT A Thence N 5'26'51"W a distance of 113.22 feet to a point; Thence N 18°56'19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61"32'56" W a distance of 114.87 feet to a point; Thence N 74`58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0°02'08" W a distance of 862.84 feet to a 5/8 inch diameter iron pin on the southerly boundary of the SE % of said Section 31; Thence N 89°42'18" W along the southerly boundary of said 5E l a distance of 1370.03 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said SE Y; Thence N 0°16'58" E along the westerly boundary of said SE 'A a distance of 2684.95 feet to a stone marking the southeasterly corner of the NW f of said Section 31; Thence 5 89" 57'01" W along the southerly boundary of said NW X a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5`34' 57" W a distance a distance of 142.10; Thence N 4014'52" W a distance of 207.58 feet to a point; Thence S 89'57'03" W a distance of 711.02 feet to a point on the westerly boundary of said NW 14; Thence 5 0`37'40" W along said westerly boundary a ,distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence $ 0°05'05" E along the westerly boundary of said Government Lot 3 a distance of 1334.93 feet to the southwesterly corner of said Government Lot 3; Thence 5 89°53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the 5E f of the SW % of said Section 31; Thence S 0902'00" E along the westerly corner of said SE Y4 of the 5W % a distance of 1338.69 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of the E N of the NW % of said Section 6; Page 3 of 11 South Meridian AZ —H-2015-0019 PAGE 28 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 517 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 282 of 396 EXHIBIT A Thence 5 0' 26'46" W along the westerly boundary of said E % of the NW Y. a distance of 2648.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89°23'05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89'50'22" E a distance of 205.00 feet to a Y2 inch diameter iron pin; Thence S 0"51'13" W a distance of 50,00 feet to a' inch diameter iron pin; Thence N 89"50'22" E a distance of 190.40 feet to a'' inch diameter iron pin; Thence N 0°51'13" E a distance of 150.00 feet to a Ya inch diameter iron pin; Thence S 89'50'22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 0'51'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary S 80"55'41" W a distance of 359.01 feet to a point; Thence S 65'13'12" W a distance of 115.62 feet to a point; Thence 5 55'17'04" W a distance of 137.84 feet to a point; Thence N 50"45'40" W a distance of 111.90 feet #a a point; Thence N 23"19'53" W a distance of 105.88 feet to a point; Thence N 60"00'15" W a distance of 247.58 feet to a paint; Thence leaving said centerline N 0`52'35" E a distance of 75.68 feet to a 5/8 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 11 South Meridian AZ —H-2015-0019 PAGE 29 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 518 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 283 of 396 EXHIBIT A Thence S 8849'30" E along said southerly boundary a distance of 262.38 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0"53`24" E along the westerly boundary of said Lot 2 a distance of 1318.34 feet to a point on the northerly boundary of the NEN of said Section 1; Thence 5 8903'22" E along said northerly boundary a distance of 654.08 feet to an aluminum cap marking the northeasterly corner of said NE %; Thence N 0' 05'05" W along the easterly boundary of the S Yz of the SE Y4 of said Section 36 distance of 1334.93 feet to the northeasterly corner of said 5 Y, of the SE %; Thence N 89°12'33" W along the northerly boundary of said S M of the SE % a distance of 2645.62 feet to the northwesterly corner of said S'/ of the SE %; Thence N 0°26'40" E along the westerly boundary of the NW Y. of the SE % a distance of 1327.71 feet to a 5/8 Inch diameter iron pin marking the southwesterly corner of the SW'/ of the NE'J of said Section 36; Thence N 0"33'10" E along the westerly boundary of said SWY4 of the NE'%a a distance of 1327.40 feet to the southeasterly corner of said NE % of the NWIA of said Section 36;. Thence N 89`28' 43" W along the southerly boundary of said NE Y. of the NWA a distance of 1.327.20 feet to the southwesterly corner of said NE Y. of the NW Y; Thence N 0' 37'46" E along the westerly boundary of said NE % of the NW % a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said SE % of the SW of Section 25; Thence N 0°29`29" E along the westerly boundary of said SE Y. of the SW Y. a distance of 1325. 12 feet to a 5/ 8 inch diameter iron pin marking the northwesterly corner of said SE K of the SW %; Thence S 89'29' 35" E alongthe northerly boundary of said 5E Y. of the SW Y a distance of 644.67 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 0`27'31" W a distance of 1324.59 feet to a 5/8 Inch diameter iron pin on the southerly boundary of said SE Y of the SW i.; Thence along said southerly boundary S 89'32'25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E Y: of Section 36; Page 5 of 11 South Meridian AZ —H-2015-0019 PAGE 30 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 519 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 284 of 396 EXHIBIT A Thence S 89°04' 32" E along said northerly boundary a distance of 490.39 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary S 45"31'22" E a distance of 458.74 feet to a 5/8 inch diameter iron pin; Thence S 26`3324" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Laterai; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 Feet to a point; Thence S 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W Y. of the NE Y of said Section 36; Thence leaving said centerline S 89"11'57" E along said northerly boundary a distance of 377.58 feet to a'/ inch diameter iron pin marking the northwesterly corner of the SE Y of the NE 1/4; Thence 5 8914'22" E along the northerly boundary of said SE % of the NE l a distance of 1317.70 feet to the northeasterly corner of said SE'/ of the NE Y4; Thence N 89`38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.15 feet to a % inch diameter iron pin marking the southeasterly corner of said Government Lest 1; Thence N 0°25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a % inch diameter iron pin; Thence leaving said easterly boundary S 89"38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0"37'40" E along said westerly boundary a distance of 252,22 feet to a point; Thence leaving said westerly boundary 5 88"45'29" E a distance of 390.26 feet to a 5/8 inch diameter iron pin; Thence S 58"38`44" W a distance of 166,34 feet to a 5/8 inch diameter iron pin; Thence S 3"07'14" W a distance of 55.30 feet to a 5/8 inch diameter iron pin; Thence S 85'"18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Page 6 of 11 South Meridian AZ —H-2015-0019 PAGE 31 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 520 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 285 of 396 EXHIBIT A Thence N 16°07'40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38"55'20" W a distance of 147.07 feet to a 18 inch diameter iron pin; Thence N 8'13'20" W a distance of 160.89 feet to a 5/8 inch diameter iron pin; Thence S 89'22' 20" E a distance of 872.30 feet to a 5/ 8 inch diameter iron pin; Thence S 0`39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81°55' 47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the fallowing described courses: Thence a distance of 63.25 feet along the arc of a 70. 00 foot radius non -tangent curve left, said curve having a radius point bearing S 85"10'S9" E, a central angle of 51'4649" and a long chord bearing S 21°04`23" E a distance of 61.13 feet to a point; Thence S 46°57'48" E a distance of 46.18 feet to a point; Thence S 5423'15" E a distance of 180.96 feet to a point; Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence S 70'07'17" E a distance of 122.26 feet to a point; Thence S 62'03'10" E a distance of 207.12 feet to a paint; Thence S 64°59'29" E a distance of 336.28 feet to a point; Thence S 67°14' 26" E a distance of 111. 90 feet to a point; Thence S 72"17'51" E a distance of 84.37 feet to a point;. Thence S 7S'54'10" E a distance of 438.92 feet to a point; Thence 5 75"55'22" E a distance of 1£14.15 feet to a point; Thence S 61°21' 23" E a distance of 3175 feet to a point; Thence S 46`09' 59" E a distance of 190.04 feet to a point; Page 7 of 11 South Meridian AZ —H-2015-0019 PAGE 32 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 521 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 286 of 396 EXHIBIT A Thence S 55°4$' 28" E a distance of 41.26 feet to a point; Thence S 62"37'18" E a distance of 333.06 feet to a point; Thence S 49°07'12" E a distance of 153.12 feet to a point,, Thence S 47°33'37" E a distance of 227.03 feet to a point; Thence S 54°34'22" E a distance of 101.94 feet to a point; Thence S 59°52'59" E a distance of 92.18 feet to a point; Thence S 65`32'49" E a distance of 520.78 feet to a point on the northerly boundary of the SE / of said Section 31; Thence N 89'57'44' E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said SE's; Thence 5 0"32'18" E along the easterly boundary of said SE 1/4 a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary 5 38'43'28" E a distance of 61.71 feet to a point; Thence 5 51°12'28" E a distance of 444.04 feet to a point; Thence S 60°36'06" E a distance of 272.66 feetto a point;. Thence S 86°04'27" E a distance of 206.22 feet to a point; Thence 5 73"45'09" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence 5 29°01'09" E a distance of 37.13 feet to a point on the easterly boundary of the W M of the SW Y of said Section 32; Thence leaving said centerline S 0'08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Page 8 of 11 South Meridian AZ —H-2015-0019 PAGE 33 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 522 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 287 of 396 EXHIBIT A Thence leavings aid easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve hawing a radius point bearing N 45°03' 58" W, a central angle of 16"22' 56" and a long chord bearing 5 53'07'30" W a distance of 35.52 feet to a point; Thence S 61"18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle of 31®53'35" and a long chord bearing S 7715'45" W a distance of 109.90 feet to a point; Thence N 86'47'27" W a distance of 364.60 feet to a point; Thence 5 83°47'10" W a distance of 30.79 feet to a point; Thence S 69"57'49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of 8{7`55'30" and a long chord bearing S 2930'04" W a distance of 168.73 feet to a point; Thence 5 10' 57'41" E a distance of 410.17 feet to a % inch diameter iron pin; Thence a distance of 131.35 feet along the arc of a 160.00 foot radius curve left, said curve having a central angle of 47"02'46" and a long chord bearing S 34`29'04" E a distance of 127. 72 feet to a point; Thence 5 58°00'27" E a distance of 221.94 feet to a point; Thence S 69"55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W % of the SW 9A of said Section 32; Thence leaving said centerline S 0'09'53" E along said easterly boundary a distance of 409.85 feet to a % inch diameter iron pin marking the northwesterly corner of the E % of the NW Y of said Section 5; Thence 5 89'58' 21" E along the northerly boundary of said E M of the N1N'A a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0°02'19" W a distance of 500.00 feet to a point; Thence S 89'58'21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y2 of the NW %a; Page 9 of 11 South Meridian AZ —H-2015-0019 PAGE 34 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 523 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 288 of 396 EXHIBIT A Thence N 003'18" E along said easterly boundary a distance of 500.00 feet to a brass cap monument marking the northwesterly corner of said NE N of Section 5; Thence 5 89`56'47" E along the northerly boundary of said NE Y. a distance of 287. 51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0`00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the fallowing described courses! Thence S 69'12'35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44x00' 19" and along chord bearing S47'12'25" E a distance of 149.86 feet to a point; Thence 5 25' 12' 16" E a distance of 135.17 feet to a point; Thence 5 22"30'26" E a distance of 1518.71 feet to a point; Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline S 0"22'35" E a distance of 32.24 feet to a point; Thence N 64"59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46'02'31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence 5 68'36'37" W a distance of 694.84 feet to a 5/8 inch diameter iron pin; Thence S 43'0()'20" WW a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30' 02" W a distance of 141.66 feet to a 5/8 inch diameter iron pin on the easterly boundary of said W 36 of Section 5; Thence 5 0' 01'18" W along said easterly boundary a distance of 820.26 feet to a 5/ 8 inch diameter iron pin marking the southeasterly corner of the NW '/ of said Section 5; Thence leaving said easterly boundary N 89`52'52" W along the southerly boundary of said NW Y a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW % of said Section 5; Page 10 of 11 South Meridian AZ —H-2015-0019 PAGE 35 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 524 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 289 of 396 EXHIBIT A Thence 5 0"0444" E along the westerly boundary of said SW'' a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence 5 51"21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feetto a point; Thence 5 97°28'41" E a distance of 78.00 feet to a point; Thence 5 48'57'41" E a distance of 738.75 feet to a point on the southerly boundary sof said W h of Section 5; Thence leaving said northeasterly boundary and centerline 5 89°32'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,215.44 acres. NOTE., This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 11 of 11 sun VA I- 5082 l9f l5, K. South Meridian AZ —H-2015-0019 PAGE 36 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 525 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 290 of 396 EXHIBIT A EXHIBIT B ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 2ONING A parcel located in Government Lot 2 of Section 1, Township 2 North, Range 1 West, Boise Meridian, including all of Lots 2, 3, 4, 6 and 7 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 1800 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northwesterly corner of said Government Lot 2, from which an aluminum cap monument marking the northeasterly corner of said Section 1 bears N 89"(}3'22" W a distance of 2 658. 00 feet; Thence S 89°03'22" E along the northerly boundary of said Government Lot 2 a distance of 332.23 feet to the POINT OF BEGINNING; Thence continuing $ 89'03'22" E a distance of 971.77 feet to a point on the extension of the easterly boundary of said Lot 4; Thence leaving said northerly boundary S 0"53'2.4" W along said easterly boundary a distance of 657.80 feet to the southeasterly corner of said Lot 4; Thence N 88"56'24" W along the southerly boundary of said Lots 3 and 4 a distance of 634.64 feet to the northwesterly corner of said Lot 6; Thence S 0"54'08" W along the easterly boundary of said Lots 6 and 7 a distance of 656.46 feet to the southeasterly comer of said Lot 7; Thence N 88"49'40" W along the southerly boundary of said Lot 7 a distance of 66437 feet to the southwesterly corner of said Lot 7; Thence N 0`54'50" E along the westerly boundary of said lots 6 and 7 a distance of 655.16 feet to the northwesterly corner of said Lot 6; Thence S 88`56'24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to the southwesterly corner of said Lot 2' Thence leaving said northerly boundary N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to the POINT OF BEGINNING. Page 1 of 2 South Meridian A7 —H-2015-0019 PAGE 37 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 526 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 291 of 396 EXHIBIT A This parcel contains 24.66 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PIS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 South Meridian AZ —H-2015-0019 PAGE 38 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 527 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 292 of 396 EXHIBIT A EXHIBIT C SKETCH TO ACCOMPANY20NING DESCRIPTIONS FOR THE CITYOF MERIDIAN LOCA TED IN SECTIONS 5AND 6 TOWNSHIP2 NORTH, RANGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25 AND 36, TOWNSHIP 3 NORTH, R4NGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SO SCALE LEGEND R-4 ZONING NOT A PART South Meridian AZ — H-2015- 0019 PAGE 39 i + O 4 kS South Meridian AZ — H-2015- 0019 PAGE 39 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 528 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 293 of 396 EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-8 ZONING A parcel located in the SW Y4 of the SEY4 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southwesterly corner of said SW % of the SE y, from which an aluminum cap monument marking the southeasterly corner ofthe SE f of said Section 36 bears 5 89"03'22" E a distance of 2558.00 feet; Thence N 0°25°41" E along the westerly boundary of said SW Y. of the SE X a distance of 1327.70 feet to a point marking the northwesterly corner of said SW % of the SE %; Thence 5 8912'33' E along the northerly boundary of said 5W Y of the 5E % a distance of 340.00 feet to a point; Thence leaving said northerly boundary S 0'25'41" W a distance of 1328.61 feet to a point on the southerly boundary of said SW Y. of the 5E Y; Thence N 89°03'22" W along said southerly boundary a distance of 340.00 feet to the POINT OF BEGINNING. This parcel contains 10.37 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn. K. Bennett, PLStoomCivilSurveyConsultants, IncorporatedOctober13, 2015 082 rslf5- f[. r South Meridian AZ —H-2015-0019 PAGE 40 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 529 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 294 of 396 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SW 114 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO cS 1116 S 89'72'37' E SE V16 3fO.GG' 0 n R-8 Z0AWG ro w n a O hQ 2 y SCACEP "=300' FaNT OF BEGINNING 340 %' 988.99' 1329. Ap' 36 37 114 N 8910322" W WE' HAZEL ROAD E 7116 TBS6. PO" i 6 L LA NO fir,% TE D CL 5 P2 CIVIL SURVEY CONSULTANTS, INC. 1© I 2693 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 K ( 208)888-4312 South Meridian AZ —H-2015-0019 PAGE 41 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 530 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 295 of 396 EXHTBTT A EXHIBIT A ZONNING DESCRIPTION FOR TH E CITY OF MERIDIAN, IDAHO R-15 ZONING A parcel located in the SW Y of the SE '1 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum rap monument marking the southwesterly corner of said SW 1/4 of the $E y4, from which an aluminum cap monument marking the southeasterly corner of the $E Of said Section 36 bears S 89°03' 22" E a distance of 2658.00 feet; Thence 589°03' 22" E along the southerly boundary of said SW % of the SE Y. a distance of 340.00 feet tothe POINT OF BEGINNING; Thence continuing S 89`03' 22" E a distance of 999.00 feet to the southeasterly corner Of said SW Y of the SE A; Thence N 0°10'45" E along the easterly boundary of said SW '/< of the SE Y. a distance of 1331.31 feet to the northeasterly corner of said SW % of the SE'/; Thence N 89'12'33" W along the northerly boundary of said SW % of the SE Aa distance of 982.81 feet to a point; Thence leaving said northerly boundary S 0°26'41" W a distance of 1328,61 feet to the POINT OF BEGINNING. This parcel contains 30.10 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated " SQ82, October 13, 2015 tO n! 00S of South Meridian AZ —H-2015-0019 PAGE 42 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 531 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 296 of 396 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 114 OF 36, TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO oap t, LA ya T d 0L 8/2 A CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD 7'cof P MERIDIAN, IDAHO 83542 E' K. Be (208(688-4392 7116 South Meridian AZ —H-2015-0019 PAGE 43 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 532 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 297 of 396 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO C -G ZONING A parcel located in the SE % of the SE X of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE Y. of the 5E Y4, from which an aluminum cap monument marking the southwesterly corner of the 5E X of said Section 36 bears N 89"03' 22" W a distance of 2558.00 feet; Thence N 89" 03' 22" W along the southerly boundary of said SE X of the SE Y a distance of 1329.00 feet to the southwesterly corner of said SW Y. of the SE Y; Thence N 0'10'45" E a distance of 1331.31 feet to the northwesterly corner of said SE Y. of the SE %; Thence 5 89`12`33" E along the northerly boundary of said SE % of the SE % a distance of 1322.81 feet the northeasterly corner of said SE V. of the SE l; Thence 5 0005' 05" E along the easterly boundary of said SE % of the SE l a distance of 1334.93 feet to the POINT OF BEGINNING. This parcel contains 40.57 acres. NOTE This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated F. M October 13, 2015 50.86 f D7*r South Meridian AZ —H-2015-0019 PAGE 44 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 533 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 298 of 396 EXHIBIT A EXHIEIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNT}; IDAHO cs Tfas sE rrsf S &9'T2'TJ" E iJ2?-BT' S ?f16 1 g C—G ZONING w 0 O 2 SG4LE` 1=3G0' 3a0.00' 1329.00' r3ra arov JS L 31 r o CAKE HA4M ROAD zssaQQ' E r/Ts N 89'22" w s ptyp,L LANG POINT OF G%ST d SEQ1WW O .Z a 59$2 b CIVIL SURVEY CONSULTANTS, INC. a}rol/ 2893 SOUTH MERIDIAN ROAD c1'T,-OFW R MERIDIAN, IDAHO 83842 K, s (208 B884312 South Meridian AZ —H-2015-0019 PAGE 45 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 534 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 299 of 396 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division, on behalf of the property owners, is proposing to annex approximately 1322.14 acres to the R-4, R-8, R-15 and C -G zoning districts. The Council finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see sections VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4, R-8, R-15 and C -G zoning districts is generally consistent with the purpose statements for residential and commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The Council finds annexing these properties with the R-4, R-8, R-15 and C -G zoning districts is in the best interest of the City if the property owners enter into a development agreement with the City. South Meridian AZ — H-2015-0019 PAGE 46 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 535 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 300 of 396 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 536 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 301 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 1 MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS MODIFIED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________, 2019, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1. RECITALS: 1.1 WHEREAS, the 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 1.2 WHEREAS, Timber Creek Recycling, LLC (“Timber Creek”) has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code (“UDC”), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.7 WHEREAS, the City, Owner/Developer and Timber Creek (as defined below) have negotiated terms and conditions into this Agreement to clarify EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 537 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 302 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 2 the uses permitted under the Original Agreement, to allow for the continued use of the Property and the permitted future uses of the Property; and 1.8 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 2019, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B” and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho; and 1.12 WHEREAS, the 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 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. 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, unless the clear context of the presentation of the same requires otherwise: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 538 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 303 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 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 of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/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. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additionalor different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 539 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 304 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 4 relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether underthe name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date the City Council approves the signed Agreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) shall cease; provided, however, that Timber Creek may submit an application to the City Council to review the Recycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. Timber Creek shall submit the request for review no later than one (1) year prior to the expiration of theten (10) year period. Upon review, the City Council may, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activities. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property beyond the initial ten (10) year time period then, at the City Council’s direction and by the date determined by the City Council, the Recycling Activities shall cease and all materials, equipment, structures, site modifications, etc. associated with the Recycling Activity shall be removed and the Recycling Property reclaimed to its former agricultural use/condition. In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 540 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 305 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 5 then the City Council may review the Recycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. 5. Operation of Timber Creek Recycling. As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives or may receive the following materials (collectively “Recycled Materials”) for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill, Republic Services and other sources. 5.1.2 Grass. Grass clippings are and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste. Garden waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.7 Other Materials. Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 5.1.1 through 5.1.6 or are intended for agricultural uses. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 541 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 306 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 6 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.6 Miscellaneous. Engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 542 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 307 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 7 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance. Compliance with all federal, state and local entities with jurisdiction, including, but not limited to Department of Environmental Quality, Department of Agriculture, Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: a) Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 5.3.4 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” (“Retail Area”), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: Meridian City Council Meeting Agenda June 11, 2019 – Page 308 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 8 b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: Meridian City Council Meeting Agenda June 11, 2019 – Page 309 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 9 6.2.2 Compliance with DEQ and Central District Health. Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber Creek shall provide notice to the City upon the installation of the mufflers. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping shall be installed prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth in this Modified Agreement has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: Meridian City Council Meeting Agenda June 11, 2019 – Page 310 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 10 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.6.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: Meridian City Council Meeting Agenda June 11, 2019 – Page 311 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 11 Meridian City Council Meeting Agenda June 11, 2019 – Page 312 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 12 either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer or Timber Creek’s assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of written notice that the City has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the Recycling Property, as approximately depicted on the attached Exhibit “C”, being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development” shall mean real property which has: Meridian City Council Meeting Agenda June 11, 2019 – Page 313 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 13 6.13 Site Plan. Timber Creek shall provide a detailed site plan, as an Exhibit C” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to be used for the Recycling Activities. The Recycling Property shall not exceed the identified thirty-six (36) acres in total. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: Meridian City Council Meeting Agenda June 11, 2019 – Page 314 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 315 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 15 Meridian City Council Meeting Agenda June 11, 2019 – Page 316 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 16 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that 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. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required 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 Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 552 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 317 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 17 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 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. 16. 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. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. 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/Developer, each subsequent owner and anyother 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 benefited and bound by the conditions EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 553 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 318 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 18 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, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. 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. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/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 Owner/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 and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 554 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 319 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 19 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________ By: Name: Title: CITY OF MERIDIAN: Date: __________________________ By: Mayor Tammy De Weerd ATTEST: C.Jay Coles, City Clerk EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 555 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 320 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 20 STATE OF IDAHO ) ss. County of Ada ) On this _____ day of March, 2019, before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this _____ day of ______________, 2019, before me, a Notary Public, personally appeared Tammy De Weerd and C.Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 556 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 321 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 557 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 322 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 22 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 558 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 323 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 23 EXHIBIT C SITE PLAN EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 559 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 324 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 325 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 326 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 327 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 328 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 329 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 330 of 396