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Olsen & Bush Subdivision No. 2 MI 05-009 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11/30/06 01:21 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City 01 Meridian AMOUNT .00 42 1111111111111111111111111111111111111 11361871913 ''''---", FIRST ADDENDUM TO DEVELOPMENT AGREEMENT REMOVING LANDSCAPE BUFFER FROM ORIGINAL AGREEMENT PARTIES: 1. 2. City of Meridian R2 Development, LLC, OwnerlDeveloper The following is an addendum to that certain DEVELOPMENT AGREEMENT, recorded on M~y, 2004 as instrument # 104056166. This addendum is made and entered into this 3 (~7 day of () vh? h.e"... , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and R2 DEVELOPMENT, LLC, whose address is 3084 E. Lanark, Meridian, Idaho 83642, hereinafter called "OWNERlDEVELOPER". OWNERlDEVELOPER agree to be bound by the terms of the original Development Agreement, recorded on May 7,2004 as instrument # 104056166 on the land described in Exhibit "A", except as specifically to the deletion of the requirements and restrictions included in said Development Agreement that no longer apply to the 20' landscape buffer between the subject property and the property which is contiguous to the south boundary of said property. 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", recorded as instrument # 104056166, or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirement for a 20'landscape buffer along the southern edge of the subdivision commonly known as Olson and Bush Subdivision NO.2 is eliminated. 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-009 OLSEN & BUSH SUBDIVISION # 2) PAGE 1 OF 5 and any other person(s) 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 hereon 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" or "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, 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 addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-009 OLSEN & BUSH SUBDIVISION # 2) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERlDEVELOPER: R2 DEVELOPMENT LLC CITY OF MERIDIAN BY~ . MA OR T - Y de WEERD Approved by City Council: Attest: ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-009 OLSEN & BUSH SUBDIVISION # 2) PAGE 3 OF 5 STATE OF IDAHO, ) : ss: County of Ada, ) On this ~ I ~ day of (lAp \??V ,2006, before me, the undersigned, a Notary Public in and for said State, personally appeared WA . VaV\ JU4"" .on behalf ofR2 DEVELOPMENT, lLC, known or identified to me to be the (",(""7'( .e.rL of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. (SEAL) N tary blic for Idaho _ Re" gm:tI~a jC/~ My Commission Explfes~ '-.,)..(-;)-oJO STATE OF IDAHO ) : ss County of Ada ) On this .;2 l St- day of toJOV~1'Yl H=' f , 2006, before me, aN otary Public, personally appeared Tanuny de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day a~~.Ytl1 in this certificate first above written. .. 1.1 G~... ~.~.. j .. ......p----" ~.. l;"/~. 0 'tAlij/f.... '0. 0 ~ l1l ~ ~JV (SEAl) f ' \ : Notary Public for Idaho . I I . . I I . . .. " . ADDEI'U;~ TO DEVFJ..qr~~T AGREEMENT (MI-05-009 OLSEN & BUSH SUBDIVISION # 2) .~_~}..\J..~ PAGE40F5 '-"'i11'i.~ol.1V:.. Residing at: -Co- Ld . 1 Jt , 1. \ P Commission expires: \ C-} l ~ \ I ADDENDUM TO DEVELOPMENT AGREEMENT (MI-05-009 OLSEN & BUSH SUBDIVISION # 2) PAGE 5 OF 5 EXHIBIT A Leeal Description Of Property A tract ofland situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast comer of said Section 8, thence along the southerly line of said Section 8 South 89032'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00028'00" West a distance of520.14 feet, to the Southwesterly comer of Olson and Bush Industrial Park, said comer being the POINT OF BEGINNING. Thence North 89002'00" West a distance of 1015.07 feet to a point; Thence North 06008'31" West a distance of 806.01 feet to a point on the northerly right- of-way of the Union Pacific Railroad; Thence along said northerly right-of-way South 89002'00" East a distance of 1094.80 feet fo a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00028'00" East a distance of 800.06 feet to the POINT OF BEGINNING. ADA COUNTY RECORDER J. DAVID NAVARRO 36 BOISE IDAHO 05lO7J04 02:45 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MerIdian Cily AMOUNT .00 1134056166 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian R2 Development, Inc., Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and . entered into this (q./.!! day of fi6hLlia1s1 ' 2004, by and between CITY OF MERIDIAN, a municipal corporation of the . tate ofIdaho, hereafter called "CITY", and R2 DEVELOPMENT, INC., hereinafter called "DEVELOPER"/"OWNER", whose address is 3084 East Lanark, Meridian, Idaho 83642. 1. RECIT ALS: 1.1 WHEREAS, "Developer"/"Owner" 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, I.C. ~67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code .~~ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation andlor re-zoning ofland; and 1.4 WHEREAS, "Developer"/,'Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of Light Industrial District (1- L), Meridian City Code ~ 11-7-2 N; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 1 OF 13 subject "Property" will be developed. according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18th day of June, 1996, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings''); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"I"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH lNDUSTRlAL PARK NO.2 PAGE 2 OF 13 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to R2 Development, Inc., whose address is 3084 East Lanark, Meridian, Idaho 83642, the party who owns and is developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "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. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "Ciiy"'s Zoning Ordinance codified at Meridian City Code S 11-7-2 N which are herein specified as follows: Development of uses allowed in the (I-L) Light Industrial zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVEWPMENT AGREEMENT / R2 DEVELOPMENT, JNC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 3 OF 13 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer"I"Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.A The property should be zoned I-L, Light Industrial District, and the Applicant shall use the subject property to develop limited office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 That the Applicant shall be required to comply with all of the conditions pertaining to the variance, preliminary plat and final plat; and 5.1.2 That the Applicant shall be required to comply with all of the conditions stated within the Annexation and Zoning Findings of Fact and Conclusions of Law for R2 Development, Inc. approved by the Meridian City Council on June 18, 1996, of which said Findings are attached hereto as Exhibit "B" and incorporated herein as if set forth in full hereat. 6. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and the-commitments contained herein shaH be terminated, and the zoning designation reversed, upon a default of the "Developer"I"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE~ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation andlor a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"r'Owne~" and if the DEVELOPMENT AGREEMENT / R2 DEVEWPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 4 OF 13 "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"I"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the tenns and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"I"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property~', fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"f"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'sf'Owner's" cost, and submit proof of such recording to "Deve!oper"f'Owner", prior to the third reading of the Meridian Zoning Ordinance m connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGES OF 13 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be perfonned hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-S-3, to insure that installation of the improvements, which the "Developer"f'Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Deve1oper"I"Owner" agrees that no Certificates of Occupancy will be iss\led until all infrastructure and other DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 6 OF 13 improvements which are imposed by the terms of this agreement, the annexation . ordinance, and the final plat conditions, are completed, unless the "City" and "Developer"I"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"!"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances ofthe City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER/OWNER: c/o City Engineer City of Meridian 660 E. Watertower Lane Meridian. Idaho 83642 R2 Development, Inc. 3084 East Lanark Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the . parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 7 OF 13 fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs. successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", OT portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Developer"/"Owner", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole and reasonable discretion, had detennined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer"I"Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution 'of "City". DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INCJOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 8 OF 13 21. I No condition governing the uses and/or conditions governing development ofthe subject "Property" herein provided for can be modified or amended without the approval of the City COlU1Cil after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in cOlUlection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENf / R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 9 OF 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER: R2 DEVELOPMENT, INC., AN IDAHO CORPORATION CITY OF MERIDIAN 4-6-01- DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN AND BUSH lNDUSTRIAL PARK NO.2 PAGE 10 OF 13 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this Iq(h day of f;e.bvua,vv{ , in the year 2004, before I me a Notary Public, personally appeared Ronald w)van Auker and Richard D. He;;~tun, Brtta kj f. f\. known or identified to me to be the President and Secretary ofR2 Development, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. il'l')\j.u;,;;i;;fJUQI1~ . ..",:fJ D l)~ ~qo? j'."" -~~ . fro. <.?~ l:"~~~GOlloQ,..!:C6'- ~%, ,@ ~ tJI" "00 ~ ~ !J ,~O" OTAl{ \ ~ if /j~, r% g (SEAL) ~ +. ~ ..,po= : * ~ t. ~ ,t'rrB' ~C 11 : ~ 'i!".f. vI. "" 'fl" ;:;- 'if (t) 'r.~. >:i 0 $ '}" ..,1-, "'I). ~..'S ~ .,~. '<.' - "e"'OI)E11o) ,....~. ';fr~..,~~6 0 f '\.~~':>'}<!~ STATE OF IDA1t0.",;t"~~ :ss County of Ada ) o ry Public for Idaho mission expires: 1-.,)./-01 On this t"fh day of If {,',' / , in the year 2004, before me, a Notary Public, personally appeared Tammy d Weerd and William G. Berg, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ,,11" UiU"... ~, B L I. 11>'" 00.\\ C . 8 "~.e f!>.:' .,..\.~ .......... 4r,/' ...~ $ ".... .... ~ " f* I ~OTA~.r \ \ : i -.. " * : · · J" ~ . = \t,P...-POBL1C i #0 '1"" 'IIi ~ or' ". .0 0 '" ". "11-. .......... ~ l' .....# :t: 0 F IP t-.- ,.....,. ""~""6.oI'fI d'" ,,':1.,,; DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO, 2 PAGE 11 OF 13 CORPORATE RESOLUTION R..2 DEVELOPMt:NT, INC RESOLVEO. that R..~ DEVELOPMeNT, INC., In ItI corl'Ofllbt CliIpsclty hvr.b~ 'r.lthcIIDa, Ronald W. Van Auker. as President of R..2 Oevelopment I~.. fo exewte the O,,""lopment AgreeMent with the City of Merfdian fOr the property known as Olsen Bush IndLl$tnal Park No.2. It is further rellolVed that BradJ(9)' e. Millef shall execut9 the same agreement in behalf of the corporate S&;retel'1. FURTHE.R ReSOLVE:D, tMt the ProelClent Is 3l.lthonzoCl and empowared to do or cause to be done all ea. or ttlings and to sIgn and deliver, or CiIUH ia bet signed lilnd dellverQd, all such documents, in6tNments and c:ertificetes. inclLldln;, but not limited to the finllll plat, improvement bond. buUdin; permit appltceUon, and oth4!r $t,/Ch items, In th9 name and on behmlf of the corporation In ordef to effect the dt!lvelopm&rlt of the 011&110 SUlh Industrial SubdM./an ND. 2. The foregoing is here approved tnd aaop EXHIBIT A Legal Description Of Property A tract ofland situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast comer of said Section 8, thence along the southerly line of said Section 8 South 89032'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00028'00" West a distance of520.14 feet, to the Southwesterly comer of Olson and Bush Industrial Park, said comer being the POINT OF BEGINNING. Thence North 89002'00" West a distance of 1015.07 feet to a point; Thence North 06008'31" West a distance of 806.01 feet to a point on the northerly right- of-way of the Union Pacific Railroad; Thence along said northerly right-of-way South 89002100" East a distance of 1 094.80 feet to a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00028'00" East a distance of 800.06 feet to the POINT OF BEGINNING. DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 12 OF 13 EXHffilT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVEWPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO, 2 PAGE 13 OF 13 -- -- ..- --.. ~. .._...._...'l:I't ---...... -.....- ~ ----:- -- .~,1"-.~. "_ j I I". V_" _~ ORIGINAL BEFORE THE HERIDDUf CI:rr COUBCrL OF THE CITY OF MERIDIAlf R-2 DBVELOPHEHT OLSmr AND BUSH IHDUS%RIAL PAlUt HO. 2 AmlEX.~~:IOH AND ZO!lDlG ' A. POR~IOR OF TElB SE 1/4 Oil' SECT:.tOR 8. 'r.. 3 ..]f.. R. l..E ~. SOISE.. HERID.tMl.. ADA COUR!rY ~ IDAlIa MERIDIAB .. :IDAHO 'PI:RDIlIGS OP FAC'J." JUfD COlfCLtJS:IOBS OP' LAW The above entit1.ed matter having come on for considerati.on on June 4, 1996, and the City'Couneil having considered this mat~er during the public heari.J:1g on May. 7 r 1996, Brad Miller, the Peti.tioners r.epresentative, appearing and testifying, and the ~unci1. having a.dopted. and approved the Findings of Fact and Conclusions of Law of ~~e Planning and Zoning commission, but at the City Council meeting of June 4, 1996, the Counci~ having requested amended Findings of Fact and Conclusions of Law, and the City Council presents the following Findings of Fact and CODclus~oDs of Law; FINDINGS OF FACT 1.. That li. notice of a pt1blic hearing on the Annexation and Zoning request was published for two (2) consecutive weeks prior to the said public: hearing scheduled before the P~annin9 and Zoning commission for March 12, 1996; that notice of public hearing on the Annexation and Zoning reques"twas publ.ished ror two (2) con:sec:utive weeks prior to the ];'ublic hearing schedttled before the City Council FlNDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT 1f!~ fit /'( ~~ LA:a-L- ~ J U I - 1 ~~~rl .. -- I -_ ....t.J _ _ _ _ . . _..... _~ ....:...... _ .. ."""':1 \ _~_ -1_-" ""T......_ .10..,,0 ___'~'_ __ ._-/.......:..., ~ --..;.. ...1;.1 on May 7, 1996; that the matter was duly considered by the C.ity Council at the May 7, 1996 hearing; that thel public was given full opportunity to express comments and submit. evidenc$; that copies of all notices were available to newspa~er , radio and television stations; that the City Council, after the May 7, 1996 hearing adopted and. a.pproved the Findings of Fact and Conclusions of -Law of the Pl~nn;ng ~d ZODLnS commission; that the City Council reconsidered the Findings and COXlt:lusions of the Planning and Zoning Commission at the June 4 I 1.996, meeting and reqnested amended Findings. 2. That the property included in the application for annexation and zoning is desQribed. in the application, and by this reference is incorporated herein; , that the property is approximately 14 acres in size; tha-t the property i.3 situated with.i.n t.he city of Meridian's Area or Impact and Urban Services Planning Are.a. 3. That the property is presently zoned by Ada Count! as RT rural Transition; that the Applicant requests I-L Light Industrial zoning for the property; that currently the property is being used as pasture land. 4. The general area surrounning the property is used for light'industrial. That to the north. is the Union Pacific Rai..1road and on the other side of the railroad is the Elixir Industries property which is a light industrial use; that to the ,west is pasture and the school district . bus facility and to the south and west is the light industria.l use or YMC and Van Auker. FrnnINGS OF FACT .AND CONCLUSIONS OF LAW R2 DEVELOPMEN1l' PAGE 2 --- --- 5.. . That the pro}?erty is. now adjacent and abuttinq to the present City limits. 6. That R-2 Development/Ronald Van Auker i.s the Applicant; -- that the A?plicant does own the land and has coneented ~o this annexation al1d zoning- and the application is not at: 'the request of the City or Meridian. 7 . That the requested :zoning of Light Industrial. District (:r-L} is defined in the Zoning Ox::d.inanc::e at 11-2-408 B. as follows: (:C-L) Lighi:. Industrial: The purpose of the (:r:-L) Light Induetrial District is to provide for light indus~ria1 development and opportunities for employment. o:f Me.ricii.a.n citizens and area residents and reduce the need to eommnte to neighboring cities; to encourage the deve~opment of manufacturing and whole.sale ~stabli'sbments which are clean,. quiet. and free of hazardous or objectionable element-a, sw=h as Doi.se,. odor, dust, !Smoke or glare and that. are operated entirely or abnost entirely within enclosed structures; to delineate areas best sui.tad for indust.rial. developlllent because. of loeation~ topography, existing facilities and relationship to other land uses. This dis-t.:ri.ct ma.st also be in such proximi t.y to insure connection to the Municipal Water and Sewer systems of the City of Meridian.. Uses incompatible with light industry are not permitted, and strip development is prohibited. 8. That the Applicant's representative, Mr.. David Roylance test.ified at the Planning and Zoning hearing, March 12 I 1996 r that 'this. project it located north and west bf the intersection of Franklin ~~d. Eagle Road1 that to the north is the Union PacifLc XaiJ.roa.d 'tracks; that the projec't oontains 14.. 4 acres and has nine (9) lots; that the Applicant propose~ central sewer and central water and ACHD approved public s~reets. '9. ~hat the Applicant'S representative, Brad Mill.er, testified at the City Council hearing, May 7,. 1996; that Mr. Miller FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 3 .........1' __ ~CJ ....~~__ "-,, ~.... _, ..Co""";...,a.,JJ..nl, _w\,j ..,.....-t ........ _ . '-' __......i;.... __ ......:;. j. ,_, I .~ _ ~_r _'-' referred to a memo from Shari Stiles, City Planning Director,. . ! stating that there be a requ.irement for the conditional use proCedure for each of the nine (9) lots, not .be made a requirement; that it is the preference of the Applicant that the buildings being bui2t within the light industrial zoning being requested, not he subject to the conditional use permit prcce:fs; that the requirement that ~idewalks be Og both sides of the street be waLved and that the Applicant just :put sidewalks on one ( 1) aide of the street since it is an industrial development. 10. ~bat: comments were submitted by the Assi.stant to the Ci.ty Engineer, BJ:Ul:e Freckleton, the Planning and Zoning Acbninistra'tor, Shari Stiles, the Meridian Police and Fire Department3, the Ada County Street Name Coumrl:ttee, and. the Central. Oistrict Health Depa.rt:ment, and are incorpcra't~ herein as if set. forth in full.. 11.. That Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that aJJ..y existing irrigation/drainage ditches cX'Qssinq the property, to be included in this project, shall be tiled per City O.rdinance 11-9-505 M; tha't any existing domestic wells and/or septic systems with tllls project shall be removed from their domestic service per City Ordinance except wells may be used for non-domestic purposes such as landscape irrigation; that a master street dra.inage plan be submitted, including the method of disposal & approval fram the az:fected irrigation/ drainase district i that a profile of the subsurlace soil eondi tions shall be submi. tted to deteDIIine the seasonal. high qronndwater elevation and prepared by a soil FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 4 ....'1.00,_.._ '.;U -...:,.. -- .'.... ....... ",.j,- _...:.,.-.."'.....:..:-;IJ --.... --...,. -.:....-.. --'~- __ .'"\0... ~ .-.. 'l" .... ~_"" __ scientist with the street development plans; that a copy of the proposed restrictive covenants and/or deed restr~etions be suhm.i.tted for review; that 5 foot wide sidewalks be provided according to City Ordinance Sectiol1 11-9-606 B. J that a letter from the Ada County Street Name Comuci. ttee, approving the subdivision and s'treet names, be submitt.ed JDalcing any necessary corrections to the preliminary Plat map prior to re-submittal to the City; that the fire hydrant placement, with the City of Meridian"s Water WorkB superintendent assistance, be coordinated.; and 'that response in. w:q.tinq to each of the comments on the. revised Preliminary Plat Map be made to the City Clerkl$ office prior to the scbeduled hearinq date. 12. Thai:. 'the specific site comments from the Assistant to the City Eng-inee:c, Bruce Freckleton were the fOllowing' a. That the legal description co~taiDed in the application for Anne.:ation and zoning describes more property than what is shown cn. the Pre1.;minary IIl.at map, howev-er the legal description submii;i;ed with thepre~iminal;jT Plat applieation, by Roylance & Associated and titled nLegal ne~cription for R2 DevQlopmeni: - olson and Bush Industrial Park No. 2 Preliminary 'Plat - 14.39 Acre Tract" appears to describe what is shown on the Preliminary Pla-t:, that if it is the intenti.on to request Annexation al:1d Zoning for more property than what is shown on the Preliminary Plat !lap, a new legal de5cription must be prepared to include aJ.l the intended property including those porf:.ions of adjacent Rights7of-way and shall be p~epared by a Req1s'tered Laud Surveyor, Ll.censed by the State. of Idaho, and shall c:on:fOI:m to all provisions of the City of Meridian Resolntion No. 158. . b. Wat.er service to this development shall be from. an e::ci.st.inq main installed along the westerly side of Eagle Road and all water Mains shall be installed, at subdivid.er"s eXpense and loca'tions shall be coordinated through the Public: Works Department. c. Sewer service to this development shall be from a main FnIDDlGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 5 __1..._ '.-..J __ __ ... _~I. _" ,...:..~.._.L.r;I"" _...J"OJ -.=,~ .....~__ _":"'_"'"""::""" _.....:..-."-':1\.., _., i .- . """C. ...~ that is cux:ently being designed by Pacific Land SU~eyor as part of the "Ronald W. Van Auker, Inc. - Sewer Project... d. When sewer and water mains are installed to service this subdivision, access to sewer' and water will be directly ad.jacent to the twelve Lot.s in Olson and Bush Indust~ial Park Woo 1, an Ada CQunty Suhdi?i~ion. e. ShoQt, label and. d.i.Jneo5i.on, all existing easements a:n.d/or ri9ht-Q~-way within or adjacent ~o the subject parcel, i.e. "Uni.OIl P aci.:f:ic Rai~J;oad", "EVans Drain", "Snyder Lat eral", and t..he 60 foot wi.de easement going to Franklin Road and any other easemen~3 of record. f. A 60 foot wide stub street needs to he extended toward . Franklin Road, adjacent ~o the easterly :5lubcliv.ision boundary. This stub street would align with the existing- 60 foot wide easement across -the pareel $outh. of thi.s de.velopment ~ Sewer and water mains shall be extended to the south boundary of this de'Velop:alli!D.t within the. stub street.. These mains shall be installed, at saubdi;rider" s expense and loca.tions shall be coordi.:aa:t.ad thrC?ugh the Public Works Department.. 9. The ~ocation of t.he proposed sewer main exiting the development appears to be in error.. Coordinate wi.th Pacific Land SurveyoJ;s for -the actual design location.. A 20 foot wide. oommon, area Lot needs to be eant.ered over the proposed sewer main between the right of way of Lanark Street and the north boundary of this development.. Ownership and maintenance responsibility ox the common area. Lot shall remain with the owners association. A blanket easement shall he granted to the City of Meridian for the operation and maintenance of- the sewer :main. h. That 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Depar1:mel1t. All street lights ahal).. be installed, at subdivider's expenseF that typical locations are at street intersections and/or fire hydrants. i., The leIl.~h of the cul-de-sac exceeds the maximrun allowed per Ci.ty OrdJ.nance; that no vax-iances have been 'J:equ.estec:i for the excessi~e length. j. That the treatment capacity of the City of Meridian's Wastewater Treatment. plant is currently being evaluatedr that approval of th.is application needs to he contingent. upon our' abili.ty to accept the addi.t.i.onal sani taxy ssW'age generated by this proposed development. 13. That Shari Stiles, Planning and Zonin9 Adpd-n; strator, F!1WINGS OF FACT AND CONCLUSXONS OF LAW R2 DEVELOPMENT PAGE 6 ..._~, -- :..I~ __' __ .." ..._ I. I""rt'" t.~~.........t""ll" ~..., """'......- -.. ~ 'I..,; _"':'_-r'_ _.:!:.... "~T~ I . '...:.:. t J .._~,,,, ....V submitted comments and. they include the following: a. All parking- areas shall be l~dscaped and provided with underground sprinkler systems to meet the requirements or 11- 2-414aD. b. That a detailed site plan review w.il~ be :required. a:t the time of the building pe.rmii: application; that; thi.s si.te plan review will ensure compliance with all City Ordinances. c. That the seven (7) lots in 01.seD. BU$h subdivision No.. I, by owner Ron Yanke, sbould be annexed to the Ci.ty of Meridian; that: not having this entire area ~exed a1.ang the x.rontage af Lanark Street can ereate problems for the Meridian Police ,Department, and any development of these additional lots should take p~ace under t.he requirements of Meridian cit.y Ordinance. . d. Provide a 60 foot wide stub street to the south at the location of the. existing 60 'foot wide easement; that: no additional access will be gran.ted to the property sou.th of this development from :sagle Road. ' e. Provide' a letter of approval. from the appropriate irrigation. district ( s l for t.iling of existing la.terals/drains. f. Provide pennanent non-combustible fencing adjacent to union Pacific Railroad right-of-way prior to obtaining building pend:ts. N.o encroac:bment of this right-of-way is permitted. In a.ddition, a.t minimumI' temporar:r fencing to contain construction debris will be required for all development a g. SinQe the Applicant has inc:ti.cated this is a commercial I industrial development but. has reqa.ested Industrial Zoning, a conditional usa per.mit application for a planned development sha~ be- submitted and approved if it is to be considered as a mixed-use development. h.. Sixty foot wide proposed Lanark Street should be readjusted't.o p.rovide a better transition from the existing 50 foot. wide section. i. That st:r:eet1.i.ghts are to be in place. prior to obtaining building permits on any parcel. j. .App~icant shall submit a revised pre.liminaxy p.1at incorporating required staff and agency changes and showing all exi.sting easements a :Jl1ipimum of two (.2) weeks p:J;ior to City Council hearing. FINDINGS OF FACT Alm CONCLTJS:IONS OF LAW .R2 .DEVE:LOPMENT PAGE 7 ......", -- "-u __' __ . '. 4i'.... __ .j~~........,..,tl. -~- --- ""t':;';'"J_" . __ _"::"_tt.'- _-.:..:- ..,.->. I j ...:.. t I k. Ail sewer/water line locations 15hould be located in pu~lic right-of~way or w~thin a eommon lot. 14.. There. were property owners in the a~ea of the proposed annexation that a.ppeared. and test:i.i:ied at 'the Planning and Zoning hearing on March 12 I 1996 r t.o ntake comments on the application and the following is a summary of their testimony: a. Gu.y Valentine testi:Eied, bringing visual. aids to show his concerns regarding this development: that with respect to Olson Bush No. 1 development, there haa been absolutely no screening and no landscaping done: that his concern is this will be the case w.ith this application; 'that storage yards not screened, parki.nq 10'1:8 not paved or scre.ened; that representing some concerned citi%~s and resid.ents in the ax:ea, they want the.i..r right proteet.ed to the same level of qualities or h~sher qualities that the environment rlfords; t.hat thi.s is a thriving aI:ea of community and, single family residences and Ue residents would like to keep i.t that way; the visual po~lution is degrading t.o the neighbo.:rhood and. the COJm'/Innity; that the proteeti.ve covenants wil~ not give. the community the kind of assurances that must be giyen concerning ~he residents' vested rights; that writt~ quarantee~ from the developers and owners commi t-tingo . thi.s development to provide a clean, noise-free environment, free of pollution and hazardous elements which are objectionable to the residents and property owners that 'are d~ectly affected. 'Mr-. Valentine S11'mD'::!l-rized in saying that ,the residents believe that the subdivision is arbitrarily or artifiCially laid out to, avoid being adjacent to the Snyder Latera~ and we.11 as to avoid. being adja.cent to the seven single family dwel~ings between which a. transition yard woul~ be necessary for protection and beautification; t.hat a bui:ter strip would help with the aesthetics 'of Franklin Road and Eagle road eut.r;yway corx:idors; that this Commiss..ion require Olson Bush No ,. 1 developer and owners to c~ean u.p and ecreen the.ir junky deve~opment to demonstrate they deserve to expand before any other development app.lications are apprg,ted and to require con~tional use permits for all the lots; that the resident8, inclucl.iD.g' b..i.Jnself, are not ag-ainst developing thea~ea. - b.. Brad Hiller, representi..ng R2 de"l7elopment, t.estified that the in:formation presented by Mr. Va1.entine is about t.he FINDINGS OF E'AC';l" AND CONCLUSIONS OP LAW R2 DEVELOP.HENT PAGE 8 "'*'_ \oJu _...;.. __ ~.i=. ......, I Io,Jf-' II~-....;."-'J..-.t". ...;..~ ~-. ...,..;:..,......... '- -.;.....~ -";'.-."i":,...~.tl .-.U,:._:..t Olson Bush No.. 1 development, of which,. R.2 development had nothing to do with.1 that on the north side of Lanark, R2 development has' a fine looking building and fine looking property; that R2 has other development'S of equally fine looking charact.er that Mr. Valentine would be proud to have in his backyard 1 that C C & R's have been submitted in this phase; that s neci . b . . the coo . S 0 .arking areas w3.. J.nc u themse~ves;. that area d",v~~Q):IJD.ent would be tae s.; that R2 cleve opment does not 'Eiow wncr- uJ.t.l.mate"I'y wJ.ll move into' the buildings being constructed in this project.. but. the antj.cipat.ion is that the property will be subdivided, buildings built and leased OU't. r that at' :some point the ApplIcant may sel.l one or two o.f the buildings,. but keeping the area looking nice is wou1d be an incentive since the Applicant is the properly owner. c. That Bil1 Tonki.n, tes-cified, affirming the earlier testimony of. .Mr. Valentine; tha.t the property owners that overlook t.his property, are merely reacting to liometh.i.ng- that hae occurred and don'~ want to see it repea~ed. d. Carl Schnebly, offered testimony that he does' not agree w~th this proposa~ as ~~ated and reiteratQs that same expressions as i:hai; of Mr. Valen'tine. e. Dale Fletcher tesi:i:fied thai: he too, is in agreelJle11t with what Mr. VaJ.ent:Lne had to say. f. That Mr. Oren Mayes test,3-fied, st.ating that some 30 odd years ago when mos-e of. the property aJ.ong the riIn at Franklin was developed and subdivided, . there was no queet.ioD to whether this was going to be industrial in light of the railroad: that folks are complaining about an industrial. park development taking place bel-ow them when they kne~ an industrial park was going to happen someday. IS. There was public testimony at the City Connell hearing on May 7,. 1996 and the following is a 9U~~ry of that testimQny: a. Guy Valentine testified. _ that he would like the condi.tional use process enZcrced~ that the residents in the- area of this project would like some guarante.es from the City in protecting the.ir view;: concerned w:Lth screening, storage areas and parkinq; a.lso concerned with any future d~elopment of extending these lots and if $0 FINDnlGS OF PACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 9 ...-., -.... t..L..r ........-""" . .'.. _..... ....1.. 'i~-\,,""'oI./'"\ll --...... -_-: -~-- 'W __..:,.. __r ."'::;....,.__" what I 5 to protect tharesidents; that he ~ou.ld li.lt.e the full Snyder lateral to r~~~in in the open; that Eagle Road is a. designated entryway corridor and the area should be given some consideration. b. Dave Roylance te5tified t.hat the conditione]. u::ae pendt process in an unneces~ary burden; that within a certain ;zone there are principle pendt'tad Uses and that it is burdensome and unfair to the developer to make this requirement; that cne protection to the City would be a deve~opment agre~ent which would require a staff level desiS'n reo;iew proeess as part of tlia building permit process; that the developer intends to tile every di.tc:h in the project. c:: . 1'hat Janette Fletcher testified rega.:rding the cleaning up of the gar3=lagB and getting that cleaned up and reiterated wbat Mr. Val.entine testified to. 16.. That Councilman Morrow commented that. there are county uses within the Applicant's 9round that are not zoned and annexed withi.n t.he City and obviously snbjec::t to 'the condi.t.ional use process; thai: :meet eveqthing weet of Eagl.e ROZ1d i:!l not subject to the c::ondition~ use process; that under our economi~ development goal !ita.:tement pol.iey that the City of Meridian shall. make every effort to create a .positive atJnoe:phere which encourages industrial and cCJDmercial enterpri=se; that the policy of t.he Ci:ty of Meridi.an is to set aside areas for commer~ia1 and industrial. interest and acti~itie5 to be harmonious with natural development and respect the needs or features of the area; that this can be aeeomp1.ished by ha~i~g covenants and restrictions within the subdivision; so from a practica~ standpoint he has a problem with with the conditional. use process requirement~ 17.. Thai: Shari. Stiles commented that although the condi.. lional use process is very ctUl!bersame and time' consuming, it d.oes gi.ve the FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT l'AGE 10 :Iwt mTR- PAGE. 10 :toto: -'-~..._ ~.;..' __' -... I ";' _... I _I" . I~-;.W':''-J ~ -....,j _h",:..~ -,:........: . '-r _"':'~r-:.:.... ....::.~ ."":'t-\ I I I":'~ i ~ . - . """..1.... ....:" City more control; that in a light industrial zone there are i recycling plants, solid waste t.ransfer stations, any number of things that are not going to fit with what the nei.gb..bors think and that this kind of development is going to be there for a long time .to come; that it is going to set a precedent and going to remain. in that character for years and years; that there is nothing wring with requiring' condi.tiona.l use pe:r:m.its and expecting a little highs. class than has been expected in the past. 18. That CouncUtnan Tolsma made COIDments that: the conditional use process has yalidi ty in that i t aI~ows tha City Council to see what is goinq to ha.ppen to the -development and that i.f the d~veloper does not cont'o:cD. to t.he condi t:i.onal. uses, they are out of busines:;s.. 19. After additional. discussion between Councilmen Morrow, Tolsma and Rountree, a motion was made to a~cept the Planning ana Zoninq;Findings of Fact and Conclusions of Law which was adopted on a three (3) to one (1) vote. . ,20. That the property can be physically serviced wi.th City wai:e~ and sewer, but the sewer and wateJ:' lines will have to be extended to the property by the Appli.cant.. 21.' That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures all land previously used for agricultural uses to be developed into residenti.al subdivision lots, commercial and indus~rial uses. 22.. That the following pertinent state:ments are made in the Meridian Comprehensive Plan: FI:NDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 11 ......." __ ....,,,,,, __r__ .-.-.. _... I I "'-"I 11.;:..-....LJ...nl. _:..:~ ........:.:.-- ~.:-.......: ~~ __.:,.'...---:_ _..;.....""1l\...-:..'~ . ....,~, ......:... A. ~nder the LAND, GENERAL POLICIES, section oommencing at page 22, it states; Encourage a balance of land uses to ensure that M.eridian remains a desirable and self- sufficient community; and under the INDUSTltIAL POLICIES, it states in part as follows: 3.1 Indus-trial development within: the urban. service pl~nnjng area should receive the highest priori~y. 3.4: Industrial development should he encouraged to locate adjacen~ to existing industriaL ases. 3. S Industrial areas shou.1d be located within proximity to major utility,.. transportation and services facilities. 3.9 Industr~al uses should be located where di=charge ~ter can be proper1.y treated OJ; p.re-treated to eliminate ad'9'erse' imoacts UDon the City sewer treatment facility and'" irrigat~d lands that receive industria2 runoff. 3 ..10 Industrial u:se:s should be locai:ed where adequate water supp2y and water pressure are available' for fire prote.ction. .. and under th,e Eaatern-Eaq2e Road Light Industrial. Review area is stat.ed as follows: 3 . 15 The Ci t.y Qf Meridian' shall encourage the development of a ~echnological park and compatible light industrial. t1Ses within the proximity of the Idaho Foreign Trade ZQne~ 3.17 It is ~he PQlicy of the City of Meridian to encourage and promote light industrial development in the Easte:rn Li.ght Industrial Review Area. B. Under ECONOMIC. DEVELOPMEBT r Economic Development Goal statement Policies I Page 19 . 1.1 The city of Meridian shall make every efrort to create a positive atmosphere which encourages indu.$'trial and commercial enterprises to J.ocate in Meridian. . 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrialt FINDINGS OF FACT AND CONCLUSIONS OF' LAW R2 DEVELOPMENT PAGE 12 ...... t __ ..,., __ __ > " __.. _, . ~_~ ,.._ ..~, --- --- .--- ..... --- -- -_....... '-.., interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial clevelopD1But5 should be harmonizeawith the natural environment and respect the unique needs and feature5 of each area.. 1.5 Stxip industrial and eoaunercial uses are not in compliance with the Ccmprehen~ive Plan. 23. That the property is included near an area design.ated in the Meridian Comprehensive Plan as bei.ng in a Mbt.ed/PlaImed Use Development area, but it is not shown as an orange P~ed/Planned Use OevelcplIlent area on 'the Gene~alized. Land Use Map': 24. That in 1992 the Idaho State I.egislature passed amendments .to the Local P1anniug Act,. which in 67-6513 Idaho Code, relating to subdivision ordinances,. states as follows: "Each such ordinance may provi.da for mitigation of the effects of subdivision develop1Uent on the ability of polit.ical aubdi..visions of the stater ine~udin9 school districts, to deliver servi.ces without compromisi1l9 quality of service delivery to current residents or imposing substantial additional costs UDon current residents to accommodate the snhdivision."; - that the City of Meridian is concerned with the increase in development that is occurri.ng and with its impact OD the City being able to provide fire, police, emergency health eare I water, sewer, parks and. recreation services to its current residents and business and to those moving into the city; the City is also concerned .that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian Sc:hool District which provide school s-er\7'ice to curren1=. , and future residents of the Cii:.y; that the city knows that the i.ncrease in. population, and the housing for that populationl does not FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOP.ME1SIT PAGE 13 . _,I __ _~ __ __ .... __.. ...... "~~",_.;", --- --..., -......- '- --_.~ ..- '";I...~11 .-....",-..,.__ sufficiently increase the tax base to oftset the cost o~ providing I fire, police,. emergenc::y health. care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to proV"ide fOl: school services to current and future students; ~hat the increase in commerci..a~ and indu15trial which might locate in this annexati.on would be helpful. 25 . ~hat pursuant td t.he instruction, guidance,. and direct.ion of the Idaho State Le9'i$~ature, 1:.he Ci.1:y :may impose. either a development fee or a transfer fee on residential property, which, ii possible, would be retroactive and apply to al~. lots in the City, because of the .imperilment to the health, welfare, and safety of the c:i.tizens of the City of Mer~dian. 26. That section 11-9-605 C states as follows: -Risht-of-way far pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks'or Shopping areasr the pedestrian easement shal~ be at leasi:. ten feet (10') I wide. II 27. ' ~hat Section 11-9-605 G 1. states as follows; "Planting strips shall be required to be placed next to incompatible features such as highways I rai.lroads, commercial or industrial nses to screen 'the view fzoom residentiiLl pz:operties. Such screening shall. be a m; T'I ; mnm of twenty feet' (20 ') wide, and shal.l not be a part of the noDna1 street right of way or utility easement... 28. That Section 11-9-605 B 2. state~ as follows: "Existing natural features whi.ch add va~u.e to. resi.dential. development and enhance the attractiveness of the. community (such as trees, watercourses r historic:: spots and simi2ar irreplaceable amenities) shall be preserved in the design of the sub~vision r" FINDINGS OF FACT AND CONCLOSIONS OF LAW R2 DEVELOPMENT PAGE 14 -_. I __ .....u --.'-- ~"r'. -.... '-'II. .,~"..._..n'" ':'':..Iw "__- ..,.~...._- .- ---.":.... 1-. ...._ 29. That Section 11-9-605 K states as follows: ~The extent and location of lands designed for linear open sp~ce corridors should be determined. by natural features and, to lesser ext.ent, by :man-made features such as utility easements, transportation rights of. way or water rig'hta of way. Landscaping, screening or lineal open s~ace corridors may be required for the protection of resident~al properties from adjacent. arterial streets, waterways, railroad rights of way ar other features. As improved areas (landscaped) I eemi- improved a.J:'eas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; .2 . To in1:ercoDllBct park and open space systems wi thin rights of way :fe;r trails, walkways, bieyc:le ways; 3. To playa, major ro~e in censeJ:Ving area scenic and natural value, especially waterways, drainages and natural habit.at; 4. Xo buffer mere inten~ive adjacent n:eban land Uses; 5. To enhance local identification within the area due to the inte~l linkages; and 6. To link residentia.l neighborhoods, park areas and recreation facil~~ie~.~ 30. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public r.iqht. of way or a.s separate easements so that an alterna.te transportation system (which is distinct and separate fram the automObile) can be provided throughout the city Urban Service Planning Area. The Commission and Council shall consider the BiCYCle-Pedestrian . Desic=rn Manual for Ada County (as prepared. by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." - 31. That 11.-9-607 A, of the subdivision ordi.nance, states in part as fo~~ows: WThe City's policy is to encourage developers of deve~opmen~ and construction projects tQ uti2~ze provisions of this Section to achieve the fol~owing: land the FINDINGS OF FACT AND CONCLUSIONS OF LAw R2 DEVELOPMENT PAGB 15 . .,,:,.-~ _ w. ril . -..... """-...- ,- --~'- 1. A development pattern in accord with the goalsr objectives and policies of the Comprehensive Plan; 5 .. A more convenient pattern of commercial, residential and industrial uses as well as public services wPich support such uses." 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and C:i..ty Council were given and followed. COHCI.US:IOR'S 1. ~hat all the proceaural requirements of the Local PlannLcg Act and of the Ordinances of the City of Meridian have been met; iuclucll.ng' the DIll.i1.inq of notice to owners of property within 300 feet of the external boundaries of the Appli.cant's p.operty.. 2.. That the Ci.ty of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compi.led Ord.inances of the Cit.y of Meridian~ that 'exercise of the Cii:y's annexation authori.ty is a legislative function.. 3. That the City Counci.1 has judged these annexation.. zoning and conditional use applications under Idaho Code,. Section 50-222, Title 67 I Chapter 65 r Idaho Code.. Meridian City Ordinances, Meri.dian Comprehensive Plan, as amended,. and the record submitted to it and things of which it can take jud.i.cial.notiee. 4-. That al1 notice and hearing requirements set forth in Title 67.. Chapter 65r Idaho Code, and :the Ordinances of the- City of Meridian have been complied with. 5. That tbe Council may take judicial notice of gove~nt FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEV~OPMEm PAGE 16 ....,i- I I~-~...-,,,,""'i' -......... .."...,,~ ~.....-.: '- --.:..-......,'- _.:.. ~ .-,,-... I j ...:.. I I ,- .. U I.' .......:. o:roi.nancas, and policies,. and of actual conditions existing within the City and State. 6. That the land within ~he proposed annexation is contiguous to the px:esent city liJni'ts of' the City of Meridian, and the annexation would not be a shoestring annexation. 7 ~ That the annexation application has been ini. tia-ted by i:he Applicant with the consent ot the property owner, and is not upon the initiation of the City ot Meridian. 8. That since the annexation and zon.inS of land 1.s a legislative function, the City has authority to place conditions u.pon 1:he. i!Ulnexation of land. Burt VEi. The Ci.tY' of Idaho Falls.. 105 Idaho 65, 665 P.D 1075 (1983). 9. Thet the deV'elopment of annexed land must meet and comply with the Ordinances of the City of Meridian and in part.icular Section 11-9-616,. wh.i.ch pertains to development time schedules and reCJ'lirementsr and section 11-9-605 M..,. which pertains to the tiling of ditches and waterways and 11-9-606 14 - . which requi.3:es pressurized irriqation. FmPDlGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 17 "....." __ 'Wu _.... _-' ~ ." _... _. 'I':';-'~..._ ..,"1.1 I -...,I'\",,/' ....~""" ..,......_ _ . '- ___"'.... __, ."!,~ ... ...:,.. ~ I ,... CJ":" ............ but the Zoning' Ordi.nance may not addz'ess provisions for the stated uses; it is c:oneJ.uded that upon aIUlexation, as conditions of annexation, the City may impose restrictions that are not otherwi.se conta~ned in the current zoning and Subdivision and Deve10pment Ordinances. 12. The ~pJ.icant has no1: stated or represented its intentions for development, which waJ;i of concern to the Planning and Zoning eoimnission and is also o:f concern to thef City Counci~.. 13.. That it is concluded that the Ci.ty could annex the- property and. zone it as requested but the Applicant 3hould be ~-'._.j, .. .- I' r r.equirea to a.E.Ero~.I"_ a.dQ.'P!t -AUd record covenants, condj,:tions and . ..........:.E:::- .. -, i - , .-- -.-..0:;:....:.. .. .... , . tl". . ( res'trJ.ct'J.OQS {CC&R} whichse\;_.t~ j:;ne requi.reulent~ of tl;,e City as set forth in Conc:1usion 1~ ",and ent~;, l.n~.o~_~~evelopment agreement in wh.ich the City should. set forth the same de~e1opment and buildings re5~r~etions.. 14. That i1:. i.~ conc:luded that since the Comprehensive Plant under IJUID USE r Mixed-Use Area a.t Eagle Road and FrankJ.in Road, in 5 .16U, states that all development requests will be subject to development review P40CElSSinq to insure neighborhood compatibility, that such limitation should apply to the Applicant and the land involved in this Application; that it is further concluded that such restrictions can, and should be, structured and laid out in the CC&R' s and. the development aqreement. It is therefore concluded that the annexation and development of the parcel. of land should be subject 1:0 being de-annexed if the CC&R"s and development aqreemen1: are not entered into by the city and the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMEN'r PAGE 18 15. Therefore, it is concluded that the. property should be " annexed and zoned Light Industrial (I':'L), as requested in the Application, bnt shall be subject to de-annexation if the CC&R's and development agreement are not agreed upon and executed by the Applicant and the City.. 16. That, as a condition of annexation and the zoning' the Applicant shall be required to meet all Ordinances QX the City and speci.fically the below stated Ordinance requirements and shall also enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; thai::. the development agreement shall. addresEI, among othezo things, the following: 1.. Inclusion into the development of the_requirements of 11- 9-605 a.. C, Pedestrian Walkways.. b. G 1, Plan:tinq Strips. e. Br Public: Si'tes and Open Spa~Gs. d. x, Lineal. Open Space Corridors. e.. L, Pedesi:rian and Bike Path Ways.. f. M, Piping- of Ditches 2. Payment by the Applicant, or if required, any assigns, heirs, axecui:ors or personal. representatives, of any impac:i:., development:., or 'trans:fer fee, adopted by the City. 3. Addressing the subdiviaion access linkage, screening, buffering, transitional land uses, tru:fic study and recreation services. 4.. .An impact fee to help acquire a future schoo~ or park si:tes to serve the area. S. An impact fee, or fees, for park, police 1 and fire services as det.ermined by the city. 6 . Appropriat.e bel:llli..ng and landscaping- . 7. Submission and approval of any required plats. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELO:t'MOT PAGE 19 . -' I __ _..... _.... - _~ . .. _..' _~ _ __, ..._ .~+Ol 'I. - ---"- --' ._...._~, ,'._:...,1,__ 8. Submission and approval of indi.vidual building, drainage, lighting, parking, and other development plana under the P'lanned. Development guidelines. 9. Harmoni...z.ing and integratins the site imfn:'ovements with the existing development. . 10. Establishing a landscape.d $et.back area all along 't:.he properties southern border and plant trees that will grow to a height in excess of the twenty (20) feet, but not higher than forty C 40) fee't: and which shall be not more than twanty-five (25). feet apart at the time of plant.ing, shall be six (6)' feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to a110wadequate growth.. 11. Addressing the comments from the City Staff, applieable at the time of annexation and zoning or at the time of deveJ.opment. 12. The sewer and water requuements. 13.. Traf:fiCl p1.ans and access into aIId out of - any development. 14., Meeting all parking and paving ordinances. 1S.. And any other items deemed necessary by the City Sta:Ef, including design review of all development, and conditional usa processing. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance sta~es in part as follows: ~If property is annexed and %onedr .the City may require or pexmi t , as a, condi.tion of the zoning, that an owner or developer' make a written commitment concerning the use or development of the subject property. If a commitment is required or peadtted, it 5hal~ be recorded in the office of the, Ada county Recorder and shall take effect Upon the adoption of the o;rrHTt~llce anne:ing and zoning the property, or prior if agreed to by. the owner of the pan::e1. ... .. ; that the above section states' that the -development agreement ahall take effect upon thE! adoption of the o~d.inance annexing and zoning the parcel, but no deve~opment agreement ha$ been agreed on, or even discus~ed.. ~e land could be eubjeei:. to de-annexation if an FINDI'NGS OF FACL' AND CONCLUSIONS OF LAW R2 DEVELOPMElTI' PAGE 20 acceptable development agreement is not u1timate~y agreed. upon f a:f1:er the aIloQxation ordinance is passed. It is concluded that the land should be annexed and zoned, but subject to de-annexation i.f a development agreement is not entered into. 18.. That it is conclucied tha.t the annexing and zoning of the property wou~d he in the best ,interests or the City of M~ridian, but it is concluded that the property may be de-annexed if appropriate development agreement and CC&R's are not entered and a~eed upon and executed by the Ci:t:y and the. Applicant.. 19. That the requirements of the Mcridien Police Department Meridia~ City En9'i.ne~':! of:fiee, Ada County Hiqhway District, Meridian. pl""nn;pg Di.rector, Central District Health Department, and the applicable irri.gation district, shaJ.J.. he met and shall be addressed in a deve1opmentaqraement- 20.. Thai:. ~l ditches. eanals, and waterways shal~ he ti.led as a condition OI annexation and if not so tiled. the property shall be subject to de-annexation. That pressurized irrigation shall he installed and constructed. and if not so done the property shall be subject to de-annexation.. 21.. That the Applicant shall be required to connect to Meridian. water and sewer, at its expense, and resolvl;;! how the wa'ter and sewer mains will serve the land; that the development of the property shal.l be st1hjeet to and controlled by the subdivision and Development Ordinance and the development agreement entered into. 22.. That these conditions shall run with the land and bind the applicant and its assigns.. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 21 '. 23. wi.th c.om.pliance of the conditions contained. herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian~ 24. That if thesQ condition$ of. approval are not met, the property shall be de-annexed. APPRev:aL OF FIlllDIHGS OF FACT AR1) CONCLUS:IOBS The Meridian City Council hereby adopts and approves these' F1ndings of Fact and Conclusions. ROLL C1U.L COlJNCIT...J5A1iI MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COONCr:r..MAN TOLSMA MAYOR CORRIE ('lIE BREAKER) DECISXOll The Meridian Ci'ty Council of the City of Meridian hereby decide~ ~hat the prope~y set forth in ~e appl~cation shouLd be approved for annexation and zoning under the conditions set forth in. these Findings or Fact and Conolusions of Law~ that if the Applioant is not agreeable with thelie. Findings of Fact and Conclusions and is not:. agreeable w.ith entering' into a deve1.opm.ent agreement and adopting covenants, conditions and restrictions r the property should not be annexed. MarIOll. APPROVED~ ~ DISAPPROVED: FINDINGS OF FACT AND CONCLOSIONS OF LAW R2 DEVELOPMENT PAGE 22 ~ TOTAL PRGi::. 12 **