McMillan/Meridian Middle SchoolECEIVED
APR 2 8 2005
City Of Meridian
STAFF SUMMARY
City Clerk Office
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IDAHO
OF
"° oPLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Date of Recommendation: Apri128, 2005
Project Name: McMillan Road/Meridian Road Middle School
Case No(s): AZ -05-008
Applicant: Joint School District #2
P&Z Commission Hearing Date: April 7, 2005
Recommendation: Approve
A. Summary of Public Hearing:
1. In favor:: Scott Henson, applicant's agent, with Lombard Conrad Architects
2. In opposition: none
3. Commenting: none
4. Staff presenting application: Josh Wilson
B. Key Issues of Discussion by Commission:
1. Lack of sidewalks in vicinity of school property
C. Key Commission Changes to Staff Recommendation:
None.
D. Outstanding Issue(s) for City Council:
None.
E. Draft Findings for Annexation and Zoning Approval
Exhibit A- Legal Description
Exhibit 13- Site Plan
Exhibit C- Site Specific Comments
Exhibit D- Required Findings
EXHIBIT A
Middle School
AZ -05-008
Legal Description
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GROUP Phone a06i 646-6570
Fax(206)884-5349
Project No. 03148
MERIDIAN CITY ANNEXATION DESCRIPTION
Joint School District No.2
The South 1025.00 feet of Government Lot 4 and the South 1025.00 feet of the West %,
of the East S, of the Southwest S; of Section 30, TAN., RIE., B.M., Ada County, Idaho. more
particularly described as follows: BEGINNING at the comer to sections 25 and 36 of TAN..
R.I W., and Section 31 and the said Section 30, form which the �/, writer common to said
Sections 25 and 30 bears North 00023'00" Emi, 2640.13 feet;
Thence North 00'23'00" East, 1025.07 feet;
thence South 89'46'14" East, 1754.51 feet to a point on the East line of the West Y: of the
East ii of the Southwest %;
thence along said line South 00°29'24" West, 1025.01 feet to a point on the South
boundary of said Section 30;
thence North 89°46'14" West, 1752.60 feet to the Point of Beginning. Containing 41.26
acres, more or less. SUBJECT to rights-of-way for McMillian Road along the South boundary
and Meridian Road along the West boundary, and all other easements of record or use.
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EXHIBIT B
Middle School
AZ -05-008
Site Plan
EXHIBIT C
Middle School
AZ -05-008
Site Specific Comments
ANEXATION AND ZONING COMMENTS
1. The legal description submitted with the application appears to meet the requirements
of the City of Meridian and State Tax Commission and places the parcel contiguous
to existing city limits
2. The requested zoning of R-4 is compatible with Meridian Comprehensive Plan.
3. The subject property is within the Urban Service Planning Area. Essential City
services are or will be available to the subject property.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
5. Future development of this property as a Middle School shall be in compliance with
City of Meridian development ordinances in place at the time of development.
EXHIBIT D
Middle School
AZ -05-008
Required Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment. "
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is designated as "Medium Density Residential' on
the Future Land Use Map. City Council finds that the requested zoning
designation, R-4, is harmonious with and in accordance with the adopted
Comprehensive Plan and Future Land Use Map. The proposed use as a
middle school is a permitted use in the R-4 Zone, per the Zoning Schedule
of Use Control in MCC 11-8-1.
B. Has there been a change in the area or adjacent areas which may
dictate that the area should be rezoned. For example, have the streets
been widened, new railroad access been developed or planned or
adjacent area being developed in a fashion similar to the proposed
rezone area;
Surrounding properties include rural residential properties, future
commercial and multi -family developments and recently approved
residential subdivisions. The area around the subject property has changed
dramatically in the last decade with literally thousands of new residential
lots being added. This change in use from agricultural land to residential
has created the need for additional schools in the area. City Council finds
that the requested zoning designation of R-4 for a middle school will be
harmonious with the existing and future developments.
C. Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
City Council finds that the proposed use (middle school) will not change
the existing or intended residential character of the area. See discussion
under "B" above.
D. Will the proposed uses not be hazardous or disturbing to existing or
future neighboring uses;
City Council does not anticipate that the proposed uses will be hazardous
or disturbing to future or existing neighbors. See discussion under `B"
above.
E. Will the area be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
City Council finds that the property to be annexed will be served
adequately by all essential public facilities and services.
F. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
City Council finds that there will not be excessive additional requirements
at public cost and that the annexation and zoning will not be detrimental to
the community's economic welfare.
G. Will the proposed uses not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council realizes that the proposed middle school will create
additional traffic in the general area, but does not anticipate that it will be
excessive. The addition of a school near to the new residential
subdivisions in north Meridian may actually positively the affect the
traffic situation by reducing the distance that residents travel in order to
deliver their children to school. The lack of pedestrian and bicycle
facilities related to Sawtooth Middle School, on Linder Road north of
Ustick Road, has been the topic of discussion and criticism among area
media, community members, and local agencies. As subdivisions in the
area develop, more sidewalks will be constructed along the arterial
roadways, but at the present time, there are no improvements on McMillan
Road or Meridian Road within one -mile of the school in any direction.
The recently developed residential subdivisions in the area have created
additional traffic in the area and City Council also finds that the proposed
middle school will not create excessive noise or other nuisances that
would be detrimental to the general welfare of the surrounding area.
H. Will the area have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on
surrounding public streets;
This item was heard at the April 13, 2005 ACHD Commission meeting.
Please refer to ACHD report for specific traffic discussion and see
discussion under "G" above.
I. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that no natural or scenic features of major importance
will be lost or damaged by approving the annexation and re -zone. Any
existing trees larger than 4" caliper that are removed shall be mitigated
for, per the Landscape Ordinance.
J. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
City Council finds that the annexation of this property would be in the best
interest of the City.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request Annexation and Zoning from RUT (Ada County) to R-4 (Low
Density Residential) for a new Middle School, by Joint School District No. 2.
Case No(s): RZ- 05-008
For the City Council Hearing Date of: May 3, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the May 3, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
C. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-008 - PAGE 1 of
verified that the property owner(s) of record at the time of issuance of these
findings is Joint School District No.2.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
B. Conclusions of Law
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 Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
5 11-17-9.
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.
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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
2/21/05 as shown in Exhibit B and the Site Specific and Standard Comments in Exhibit
C. The conditions 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 § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Site Specific and Standard Comments are as shown in Exhibit C.
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-008 - PAGE 2 of 4
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Site Plan (2/21/05)
Exhibit C: Site Specific Comments
Exhibit D: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
, 2005.
COUNCIL MEMBER SHAUN WARDLE VOTED
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-008 - PAGE 3 of 4
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-008 - PAGE 4 of 4