Loading...
HomeMy WebLinkAboutMeridian Joint School District No. 2 AZNUB OF TREASURE VALLEY Mayor A Gd Place LiLEGAL DEPARTMENT ooace to Live ROBERT D. CORRIE (208) 8844264 MARK NELSON, P/Z CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 .RON ANDERSON Phone (208) 888-4433 • Fax (208) 8874813 PLANNING AND ZONING ciF— J� DEPARTMENT KEITH BIRD by (208) 8845533 KEITH BIRD, C/C SEP 15 1998 GLENN BENTLEY, C/C CITY OF tiIERIMN WATER DEPARTMENT ON DEVELOPMENT PROJECTS TRANSMITTAL TO AGENCIES FOR COMMENTS BUILDING DEPARTMENT DEPARTMENT WITH THE CITY OF To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 11 1998 HEARING DATE: October 13 1998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z ADA COUNTY HIGHWAY DISTRICT MARK NELSON, P/Z ADA PLANNING ASSOCIATION BYRON SMITH, P/Z CENTRAL DISTRICT HEALTH KEITH BORUP, P/Z NAMPA MERIDIAN IRRIGATION DISTRICT ROBERT CORRIE, MAYOR SETTLERS IRRIGATION DISTRICT RON ANDERSON, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C U.S. WEST(PRELIM & FINAL PLAT) KEITH BIRD, C/C GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN BUREAU OFREC ATION(PRELIM & FINAL WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT DEPARTMENT YOUR CONCISE REMARKS: .FIRE POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MERIDIAN JOINT SCHOOL DISTRICT NO. 2, hereinafter called "DEVELOPER", whose address is 911 Meridian Street, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State -of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Low Density Residential, (R-4) , 11-2-408 (B) (3) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning & Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning SL 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 day of , 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose 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 been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE 2 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Low Density Residential R41 codified at section 11-2-408 (B) (3) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 This application is for annexation and zoning of 40.55 acres located on the east side of Locust Grove Road between Usticic and McMillian Roads, just north of Summerfield Subdivision, Meridian, Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and DEVELOPMENT AGREEMENT , PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 4.3 Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 4.1.1 Sanitary sewer serviceability to this site is questionable since this parcel is on the fringe of the service area of existing mains. Applicant's engineer shall verify the feasibility of service. 4.1.2 Water service to this parcel could be extended from the existing main located in Locust Grove Road. 4.1.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Due to the fact that only the southwestern portion of the subject parcel is to be developed the requirements of this provision shall not appertain to the ditch that runs parallel and adjacent to the northern boundary of the subject property until such time as the applicant develops any portion of the subject property that is north of any point that is midway between the northern and southern boundary of the subject parcel at which time the provisions of this requirement shall then apply and require the tiling of said ditch. 4.1.4 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.1.5 City Well 18 needs to be on line prior to the occupancy of the subject development. DEVELOPMENT AGREEMENT PAGE 4 MERIDIAN JOINT SCHOOL DISTRICT NO.2 4.1.6 Central sewer will need to be made available to the subject project. 4.1.7 Beverly Donahue is concerned with the location of the entryway to the subject development and desires that it not be adjacent to her driveways, which issues should be resolved with the applicant but are subject to the restrictions and the regulations and jurisdiction of the Ada County Highway District; and 4.1.8 That Beverly Donahue is concerned about the lack of bike and pedestrian lanes north of the subject parcel, which issues should also be reviewed with and subject to the restrictions and the regulations and jurisdiction of the Ada County Highway District; and 4.1.9 That Tom Davis farms his parcel, which lies adjacent and to the east of the subject property, and he is concerned with blowing trash from the development and use, and in order to prevent the same requests that the applicant e©nstruct a sic (6) foot permanent chain link. fence, on the east boundary of the subject property for the entire length of the eastern boundary as it abuts the Davis property. 4.1.10That the subject annexation and zoning be limited to school educational use and specifically exclude residential subdivisions. 5. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the DEVELOPMENT AGREEMENT PAGE 5 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 7. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. 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. 8. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 9. DEFAULT 9.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to DEVELOPMENT AGREEMENT PAGE 6 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 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. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 10.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 10.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 11. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. DEVELOPMENT AGREEMENT PAGE 7 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 12. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate 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 DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: c/o City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Meridian Joint School District No. 2 911 Meridian Street 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. DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 15. Attorney 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 Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. DEVELOPMENT AGREEMENT PAGE 9 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 19. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 19.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 20. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 10 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ACIQNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Meridian Joint School District No. 2 Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: Mayor Robert D. Corrie Attest: City Cleric BY RESOLUTION NO. DEVELOPMENT AGREEMENT PAGE 11 MERIDIAN JOINT SCHOOL DISTRICT NO.2 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of in the year 1999, before me, a Notary Public, personally appeared and , known or identified to me, to be the and , of Meridian Joint School District No. 2, who executed the instrument or the person that executed the instrument of behalf of said Meridian Joint School District No. 2, and acknowledged to me that such City executed the same. (SEAL) STATE OF IDAHO) :Ss Notary Public for Idaho Commission expires:_ County of Ada ) On this day of in the year 1999, before me, , a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, 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) Notary Public for Idaho Commission expires:_ msg\Z:\Work\M\Meridian 15360N Meridian Joint School Dist. No. 2 (AZ)\Meridian School Dist No. 2 (40.55) DEV AGMNT.wpd DEVELOPMENT AGREEMENT PAGE 12 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT PAGE 13 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 EXHIBIT "A" A parcel of land located in the SW 1/4 of Section 32, Township 4 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the NW corner of the SW 1/4 (West 1/4 corner) of Section 32, T. 4N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description. Thence N 89'54'10" E 1990.54 feet to the NE corner of the W 1/2 of the NE 1/4 of the SW 1/4 of said Section 32; Thence S 0°01'20" E 728.57 feet to a point on the east line of said W '/z; Thence S 89°48'44" W 604.48 feet to a point; Thence S 0°00'57" E 225.95 feet to a point; Thence S 89°50'05" W 1386.36 feet to a point on the west line of said Section 32; Thence N 0°00'11" W 957.12 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 40.55 acres, more or less, and is subject to all existing easements and rights-of-way. EXHIBIT B PAGE 14 DEVELOPMENT AGREEMENT MERIDIAN JOINT SCHOOL DISTRICT NO. Ie �- RECORDED- REQUEST OE hDA COUNTYECORDER ,. DAVID NAVARROFEE. DEP DEVELOPMENT F. Ana, DEVELOPMENT AGREEMENT 3'P? 9 9 0 2 8 7 81 1999 MR 25 PH 1: 11 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day ofM_Rit,CA1 , , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MERIDIAN JOINT SCHOOL DISTRICT NO. 2, hereinafter called "DEVELOPER", whose address is 911 Meridian Street, Meridian, Idaho 83642. 1 RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in lav 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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Low Densitv Residential, (R-4) , 11-2-408 (B) (3) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning SL Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning &_ Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 t7 ac-d2z- 1.6 WHEREAS, record of the proceedings request for 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 2°d day of March, 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose 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 been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Low Density Residential L&-_41 codified at section 11-2-408 (B) (3) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBIECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4. 1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, construct and develop a new Meridian Elementary School as specified on the preliminary plat. 4.1.2. The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of-way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO.2 i run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 4.1.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 4.1.4 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. Wells may be used for non-domestic purposes such as landscape irrigation. 4.1.5 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 4.1.6 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 information on anticipated fire flow and domestic water requirements for the proposed site. 4.1.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 4.1.8 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 4.1.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.1.10 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 4. 1.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHD approval of a building permit (or other required permits). 4.1.12Utility street cuts in the new pavement are not allowed unless approved in writing by the ACRD. 4.1.13 The Eagle Road Access Study identified temporary full - access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out DEVELOPMENT AGREEMENT PAGE 5 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 4.1.14As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 4.1.15 The Applicant obtain written approval from the appropriate entities, for the central sewage and central water plans. 4.1.16The developer must contact John P. Anderson or Bill Henson at the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless:CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 8. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. 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. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for DEVELOPMENT AGREEMENT PAGE 7 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 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 within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate 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 DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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 DEVELOPMENT AGREEMENT PAGE 8 MERIDIAN JOINT SCHOOL DISTRICT NO.2 certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Meridian Joint School District No. 2 911 Meridian Street 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 of the Property, each subsequent owner and each 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 DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO.2 sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 10 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Meridia in ool District No. 2 BY: Attest: BY RESOLUTION NO. Attest: City Clerk BY RESOLUTION NO. DEVELOPMENT AGREEMENT MERIDIAN JOINT SCHOOL DISTRICT NO. 2 CITY OF MERIDIAN BY: a o Robert. D. Come PAGE STATE OF IDAHO) :ss COUNTY OF ADA) On this 15t!, day of Voyc,14 , in the year 1999, before me, 0.4 iiia A - Du hca�. a Notary Public, personally appeared anT I eAg HeAyic , known or identified to me, to be the th i r►u" bf the board an& , of Meridian Joint School District No. 2, who executed the instrument or the person that executed the instrument of behalf of said Meridian Joint School District No. 2, and acknowledged to me that such City executed the same. STATE OF IDAHO) :ss County of Ada Pm�. a. b"LAii1 Notary Public for Idaho Commission expires: a-a7-.2oo 3 On t�isA6- day o , in the year 1999, before me, M s , a Notary Public, personally appeared Robert D. Corrie qnd William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 4 _..nau/,,._ N (SES• �OT�I' •i •: 1' U B LIC' .,�•� T� 0 F I� P,•�.. wpd t, NotaryJPubffc for Idaho Commission expires: ! S File\ Meridian Joint School Dist. No. 2 (AZ)\Meridian School Dist No. 2 DEV DEVELOPMENT AGREEMENT PAGE 12 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT PAGE 13 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ID HIBTr w File Number. P146436 A PARCEL OF LAND BEING A PO ATION OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION, SOUTH 0 DEGREES 36'05' WEST, 2.611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT: THENCE ALONG THE SOUTHERLY BOUNDARY UNE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4. NORTH 89 DEGREES 40'37- WEST, 37200 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY UNE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 4T37 -'NEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK 2 OF CAROL'S SUBDIVISION NO.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 39 OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY UNE OF SAID CAROL'S SUBDIVISION NO. 2, NORTH 0 DEGREES 19'12' EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 38 OF PLATS AT PAGE 31641N THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY UNE OF SAID CAROL'S SUBDIVISION SOUTH 89 DEGREES 10'00' EAST, 699.78 FEET -TO A POINT; THENCE SOUTH 00 DEGREES 36'05' WEST, 354.16 FEET TO A POINT. THENCE SOUTH 89 DEGREES 40'37" EM',106M FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05- WEST, 50.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37' EAS1;143.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05' WEST, 250.00 FEET TO THE TRUE POINT OF BEGINNING, END OF LEGAL DESCR1FnON EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT PAGE 14 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 J,41J_ IT CERTIFICATE OF ZONING COMPLIANCE WO(O 'l - & PLAN REVIEW CHECKLIST City of Meridian Planning & Zoning Dept. Project: Review Date: S / /c/ 7 -T Contact: U8,01B Zone: 914_�— ❑ 3 copies of site plan submitted 0 Calculations table, including asphalt area, parking, landscaping, and building &E ❑ Copy of ACHD approval letter (if applicable*) — G. Inselman/J. Lowe Site Review/Conforming Elements Comments' O.K. 1. Zoning District (permitted use, CUP, AUP, variance, etc.)4 2. Floodplain District ? 3. Landscaping a) # of Trees (1, 3" cal. per 1,500 s.f of asphalt) a,''�:` b Plant Species Listed ✓ c Required Strips/Screens ✓ 3. Off -Street Parkin a) # of Stalls (dimensions, etc Z Karr�'►*- i�� ,w: ��t. b) Handicap Stalls (van accessible, aisles, signs) IL V'A A- a tttu 1Ik 16,1%WX c Aisles ✓ 4. Trash Areas a Location WG . b 3 -Side Screening 5. Underground Irrigation" 6. Sidewalks/Paths 7. Roadways (R -O -W dedications, etc 8. Lot Requirements a) Lot Area b) Street Frontage ? c) Set -backs d) Coverage * ACHD approval letter required for curb cuts, road widening; arty new projects. ** Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City land for a W11. * * City permits a 1 -time hook-up to municipal water for irrigation per site. ** Trees must not be planted in sewer easements. Tv'rn rr,6). L1111, C:\P&Zadmin\Forms\CZC Checklist a 200 E. Carlton, Suite 201 Meridian, ID 83642 Phone: 208.884.5533 Fax 208.887.1297 Fac To: ,&mhar Van Ocker Fax: 336.3680 Phone: 336.3443 City of Meridian Planning & Zoning From: Steve Siddoway Date: August 16, 1999 Pages: 2 Re: Elem. School One Skell.andscape Plan CC: file ❑ urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ please Recycle *Comments: I have reviewed the site plan and landscape plan submitted for Elementary School - one. The following changes must be made narrterort � the plan into number gg060557, cerecorded June 17mpliance with C 1999ity �foathe�site�Please or the Development Agreement (Inst submit 3 copies of a revised site plan when complete. 1. Landscaping: One 3" caliper tree Per 1,500 s.f. of asphalt is required as per Section 2-414 of the Zoning & Development Ordinance. The school site has 147,588 s.f. of asphalt, which would require 99 —S' caliper trees. City policy is that if 3" caliper trees are unavailable, smaller sizes may be used toward this requirement (no smaller than 2" caliper) if the total caliper -inch requirement is exceeded by at least 10%. The existing plan does not meet either of these requirements. Therefore, you have two choices. an so Option a Increase the size be at Int 6-8 feet tahe trees already ll to count aon thes S' ccalipeer tree. 5' pines count at you have at least 99 3" caliper trees. Pines must as a 2' caliper tree. Option 2: Add additional trees at least 2" caliper in size. The number of additional trees would be based on the following calculation -99 – 3" cal. Trees would be a total requirement of 29 caliper -inches on site. Add 100/6 for a total �2caliper-inches rA�� p�Idequirement.Pl An sizes on the current plan would prow additional 58 caliper4nces would have to add This could be accomplished with the addition of 29- 2" cal. T trees, etc. 2. Parldng: Parldng requirements are based on the number of classrooms. Please verify the number of classrooms in the school. It appears that the 176 spaces provided will be more than enough. 3. Handicapped Parking: Based the 176 total spaces, 6 handicapped pa�!ng �� must ist be provided. The plan meets this requirement: However, at least one of the handicapp ply "van -accessible" with an overall width of at least 16 feet (17 is preferred). A spaces must be at least 12 feet wide (13 is preferred). All handicapped spaces must have ADA- approved DAapproved signage. 4. Irrigation: Al landscaped areas, including all grass areas must be provided with an automatic, underground, pressurized irrigation system. Please add a note to this effect on the Landscape Plan. s. Trash Enclosure: The trach enclosure e trash enclosure must be screened on at least three on must be coordinated with Services, Inc. and hown on the site plan. sides as per City Ordinance. STAFF RECOMMENDATIONS 1. Turning Radius: Staff is concerned about the tight turning radius for buses entering and leaving the southeast comer of the site. Is this tum negotiable by two buses driving in opposite directions? Please verify the required turning radius of the buses. 2. Parking Islands: Staff would like to see additional intemal parking islands to break up the expanse of asphalt, especially at the ends of the rows of parking. The current draft of our new landscape ordinance suggests no more than 10 spaces in a row without an island. 3 Question: What is the reason for the shape of the internal island in the center of the southwest parking lot. Most islands typically extend to the full length of a parking stall. 4. Arborvitae Hedge: As per the preapplication meeting we had earlier this year, staff would still like to see more landscaping in the form of trees around the asphalt play area to soften it visually, to help cod it during the summer, and to buffer the neighboring residential zone from a noisy play area. Additional width in that buffer would also help. 1" Leatham & Krohn A R C H I T E C T S Darrell Leatham, Architect Kent Krohn, Architect Wayne Thowless, Architect August 25, 1999 City of Meridian Planning and Zoning Department 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Ph.# 884-5533 Fax# 887-1297 Project: Elementary School One — River Valley Elementary Meridian Joint School District No. 2 Attn: Steve Siddoway Response to site/landscape review comments as follows: (refer to comments dated 8/16/99) 1. Solution: Option 1: revised landscape plan shows (99) 3" caliper trees. 2. -There are (3 0) classrooms, which equals 60 parking spaces. There are 168 spaces provided. 3. Notal parking spaces = 168, (4) standard handicapped spaces and (2) van accessible spaces are provided. 4. /A note has been added to the landscape plan, which references the Pressurized Underground Irrigation plan. 5. ,/The trash enclosure location and design has been coordinated with Sanitary Services and is shown on the Site Plan. Staff Recommendations: 1. Turning Radius: School Bus turning radius = inside radius- 26', outside radius - 43' -6". 2. The school district prefers to limit the number of internal planting islands due to the maintenance problems that they provide. We feel that there is more than average amounts of planting on the site to mitigate the effects of the asphalt paving. 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax (208) 336-3680 3. The shape of the internal island at the southwest parking lot so that there is easy access and egress for delivery and garbage trucks. 4. The Meridian School District has constant concerns regarding visual supervision of the students during play periods and additional landscaping between the school and the asphalt play areas would only compound their efforts, also too accessible planting is instantly demolished by youthful playing. (3) Additional copies of revised plans are included with this letter and if there are any further questions please contact us. Respectfully, Darrell Leatham A!,Ig-31 _99 11:34A LEATHAM and KROHN 1-208-336-3680 P_02 rvwrx tr4UM BOISE- 1 208 336 3680:* 2/ 2 A-da ount i 4. iJtr�ict Worry 1. ruber, ;=Went ==—Y'. 316 East 37th Street Judy Peavey -Derr, Vkv PneakIM aaroan t:ip►, laerw e3114-tKim MIOVIG tvteyer RwAson, Secretary Prions (208) se7-6100 Dave Bivens, cammissi"r Fax (206) 387.6391 Susan S. Eastlake. Commissloner E -mall: tellusaedd.eda.ld.ue August 26, 1989 Keith Jacobs Pacific Land Surveyors 1295 S. USIs Flight Way Boise, Who 83709 RE! MA -09-93 // Eagle Road n/o Fairview / Elementary School ANC The rNstrict has reviewed the plans for the above referenced project, and they are accepted for public street construction after corrections as noted herein. By correcting stamping and signing the improvement plans, the .Registered Engineer ensuros the District that the plans contbrm to all District policies &s d standards. Variarters or waivers meet be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does pot relieve the Registered Engineer of these responsibilities, Revise pedestrian rataps to I-S.p. W C. SD -713C at ewr entrance to school alit and at the intersection south of the driveway. Comply with requirements of TM for Eagle Road frontage. Submit a letter to the District from ITD regarding said requirements prier to issuance of a building permit. Complete the dedication of ri&-of-way for the new collector roadway and the local street prlor to acceptance of the streets by the District for public maintenance and prior to the granting of occupancy of the sits• Provide legal description, proof of ownership and name and title of Armory. Standard RequlretmaU: I, Utility street cuts in new pavement leas than five years old are not allowed unless approved in writing by the District. 2. All irrigation facilities must be located outside the public right -of way unless otherwise approved by the District. 3. Replace darnmged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvements. 4. All t>tieilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.P.W.C. and the District's Supplemental Standard Specification&. S. Any work in the public right-of-way requires a permit from ACHD Construction Services. 1 208 336 3680 PAGE.02 Ayg-31-99 11:34A LEATHAMyand KROHN 1-208-336-3680 P-03 .... Y • Y i i m rvwtK t1VjK5 BO I SE- 1 206 336 3680:# 1/ 2 b. An engineer registered in the State of Idaho shall prepare and certify all improvement plana. If you have any questions or concerns, please feel free to contact me at: 397-6180. Sincerely, Gary Inselman Planning and Development POSNIr Fax Note 7671 rout* f5j�Lpy oew•► N Mw)I" r 1phb-• 7;47R--4 T QS I Fax AUG 31 '99 11:40 1 208 336 3680 PAGE.03 MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999 APPLICANT: JOINT SCHOOL DISTRICT NO. 2 AGENDA ITEM NUMBER:—5 REQUEST: DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED AGREEMENT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & G r Tete/ved� William G. Berg, Jr., City Clerk MERIDIAN CITY HALL - 33 East Idaho Meridian, Idaho 83642 Re: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 DEVELOPMENT AGREEMENT WITH GOVERNMENT ENTITY Dear Will: I have attached hereto the Development Agreement for the above matter. As a standard quality control measure to insure that development agreements are properly authorized and signed, when the developer is a government entity, the City should receive from the developer, along with the signed agreement, a copy of the Board of Trustee's of the School District Resolution authorizing the signature. This should be kept with the file. If you have any questions please advise. Very truly yo�, � Wm. F. Cigray, III msg\D:\MyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (AZ)\Cleric Itr on Dev Agmts.wpd ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE JULIE KLEIN FISCHER 31 POST OFFICE BOX 1150 WM. F. GICRAY, III MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TEL (208)288-2499 WILLIAM A. MORROW FAX (208) 288.2501 CHRISTOPHER S. NYE PHILIP A. PETERSON Email via Internet @ W1gCawppmg.com STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN March 2, 1.999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE r Tete/ved� William G. Berg, Jr., City Clerk MERIDIAN CITY HALL - 33 East Idaho Meridian, Idaho 83642 Re: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 DEVELOPMENT AGREEMENT WITH GOVERNMENT ENTITY Dear Will: I have attached hereto the Development Agreement for the above matter. As a standard quality control measure to insure that development agreements are properly authorized and signed, when the developer is a government entity, the City should receive from the developer, along with the signed agreement, a copy of the Board of Trustee's of the School District Resolution authorizing the signature. This should be kept with the file. If you have any questions please advise. Very truly yo�, � Wm. F. Cigray, III msg\D:\MyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (AZ)\Cleric Itr on Dev Agmts.wpd DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MERIDIAN JOINT SCHOOL DISTRICT NO. 2, hereinafter called "DEVELOPER", whose address is 911 Meridian Street, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in lav 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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Low Density Residential (R-4) , 11-2-408 (B) (3) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning SL Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning S& Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT MERIDIAN JOINT SCHOOL DISTRICT NO. 2 PAGE 1.6 WHEREAS, record of the proceedings request for 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 2°d day of March, 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose 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 been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO.2 2 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Low Density Residential (R-4) codified at section 11-2-408 (B) (3) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4. 1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, construct and develop a new Meridian Elementary School as specified on the preliminary plat. 4.1.2. The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of-way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 4.1.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 4.1.4 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. Wells may be used for non-domestic purposes such as landscape irrigation. 4.1.5 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 4.1.6 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with DEVELOPMENT AGREEMENT PAGE 4 MERIDIAN JOINT SCHOOL DISTRICT NO.2 information on anticipated fire flow and domestic water requirements for the proposed site. 4.1.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 4.1.8 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 4.1.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.1.10 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 4. 1.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACRD approval of a building permit (or other required permits). 4.1.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACRD. 4.1.13 The Eagle Road Access Study identified temporary full - access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 5 operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 4.1.14As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 4.1.15 The Applicant obtain written approval from the appropriate entities, for the central sewage and central water plans. 4.1.16The developer must contact John P. Anderson or Bill Henson at the Nampa S& Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless,CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT PAGE 6 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 8. REQUIREMENT FOR RECORDATION CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. 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. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEF_ 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seelcing of any remedy provided for DEVELOPMENT AGREEMENT PAGE MERIDIAN JOINT SCHOOL DISTRICT NO. 2 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 within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate 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 DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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 DEVELOPMENT AGREEMENT PAGE g MERIDIAN JOINT SCHOOL DISTRICT NO. 2 certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Meridian Joint School District No. 2 911 Meridian Street 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 of the Property, each subsequent owner and each 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 DEVELOPMENT AGREEMENT PAGE 9 MERIDIAN JOINT SCHOOL DISTRICT NO.2 sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or ,,vritten, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT PAGE 10 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Meridian Joint School District No. 2 WN Attest: BY RESOLUTION NO. Attest: City Cleric BY RESOLUTION NO. CITY OF MERIDIAN ON Mayor Robert D. Corrie DEVELOPMENT AGREEMENT PAGE 11 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, a Notary Public, personally appeared and , known or identified tome, to be the and , of Meridian Joint School District No. 2, who executed the instrument or the person that executed the instrument of behalf of said Meridian Joint School District No. 2, and acknowledged to me that such City executed the same. (SEAL) STATE OF IDAHO) :ss County of Ada ) Notary Public for Idaho Commission expires: On this day of , in the year 1999, before me, tary D. Corrie and William G. Berg, know oro Public, dent f edto me o belt eappeor and ared Robert 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) Notary Public for Idaho Commission expires: msg\D:\MyFiles\ Meridian City File\ Meridian Joint School Dist. No. 2 02)WMeridian School Dist No. 2 DEV AGMNT.wpd DEVELOPMENT AGREEMENT MERIDIAN JOINT SCHOOL DISTRICT NO.2 PAGE 12 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT PAGE 13 MERIDIAN JOINT SCHOOL DISTRICT NO.2 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT PAGE 14 MERIDIAN JOINT SCHOOL DISTRICT NO.2 e _ Leatham & Krohn A R C H I T E C T S Dar ell Leatham. Architect Kent Krohn. Architect Wayne Tl-owless. Architect TO:1460121 hkl fthWIRW t1AUvp--jL- THE FOLLOWING: LETTER OF TRANSMITTAL DATE: PROJECT: m sr.• VIA: MAILED O FAXED O DELIVERED O PICKED UP O O FOR YOUR FROM COPIES TO: O USE O INFORMATION O D APPROVAL O RECORD If enclosures are not as noted, kindly notify us at once. O REVIEW & COMMENT O DISTRIBUTION 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax (208) 336-3680 Q LANDSCAPE AND PAVING INFORMATION FOR ELEMENTARY SCHOOL — ONE MERIDIAN, IDAHO LANDSCAPING: Tyne of foliage # of 5'-0" Austrian Pine 60 5'-0" High Pyramidal Arbor Vitae 92 — 2" Caliper Sweet Gum 19 2 38 3" Caliper Red Oak 8 3" Caliper Little Leaf Linden 8 3' b3 3" Caliper Sunburst Locust 21 3 10 Gallon Tam Juniper 18 3`1 10 Gallon Red Leaf Barberry 78 10 Gallon Mugho Pine 48 1" Caliper Star Magnolia 12 '' 3 S 3 net Sq. Ft. of Grass Sod And Grass Seed Sod: 31,270 sq.ft. Seed: 225,794 sq.ft. PAVING AND PARKING SPACES: Sq. Ft. of Asphalt Asphalt: 147,588 sq.ft. Parkin # of required spaces: 60 # of spaces provided: 170 + 6 Handicap spaces = 176 cc1CoUntVJ1Jiq4waq 2Vtrict '11 R C: c+ '27th Otroot Sherry R. Huber, President - - Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us 30 July 1999 Amber Van Ocker Leatham & Krohn 1735 Federal Way Boise, Idaho 83705 RE: MA -08-98 // West Eagle Road / Meridian Elementary School No. 1 PLANS REVIEW COMMENTS For The Ada County Highway District to accept the plans for the above referenced project please complete the following requirements: 1. Comply with requirements of ITD for State Highway 55, (Eagle Road), frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit, (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District Contact Construction Services at 387-6280, (with file number), for details. 3. The Eagle Road Access Study identified temporary full -access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation, as traffic volumes on Eagle Road increased. Coordinate the access locations with District staff. The site should be designed to have full street access from the interior of the section. 4. As required by District policy, restriction on the width, number and locations of driveways shall be placed on future development of this parcel. 5. Please provide four copies of the revised civil drawings. Standard Requirements: 1. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2. All irrigation facilities must be located outside the public right-of-way unless otherwise approved by the District. 3. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvements. 4. All facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.P.W.C. and the District's Supplemental Standard Specifications. 5. Any work in the public right-of-way requires a permit from ACHD Construction Services. 6. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. If you have any questions or concerns, please feel free to contact me at 387-6181. Sincerely, John M. Bianchi Planning and Development Leatham &_Kroh_n A R C H I T E C TS Darrell Leatham, Architect Kent Krohn, Architect Wayne Thowless, Architect July 21, 1999 City of Meridian Planning and Zoning Department Attn: Shari Stiles Planning and Zoning Administrator Project: Meridian Joint School District No. 2 Elementary No. 1 Property West of Eagle Rd. Re: Certificate of Zoning Compliance Please accept this application of drawings for a new Meridian Elementary on 12.21 acres west of Eagle Road, between Fairview and Ustick Road. This project received approval by the Meridian City Council for annexation and rezone, February 1999. The attached drawings represent Architectural site plans, landscaping plans, drainage plans and Civil drawings. If there are any question or any additional drawings required please let me know. Sincerely, mber an cker Leatham and Krohn. Architects 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax (208) 336-3680 L'" Leatham & Krohn A R C H I T E C T S Darrell Leatham, Architect Kent Krohn, Architect Wayne Thowless, Architect July 21, 1999 City of Meridian Planning and Zoning Department Attn: Shari Stiles Planning and Zoning Administrator Project: Meridian Joint School District No. 2 Elementary No. 1 Property West of Eagle Rd. Re: Certificate of Zoning Compliance Please accept this application of drawings for a new Meridian Elementary on 12.21 acres west of Eagle Road, between Fairview and Ustick Road. This project received approval by the Meridian City Council for annexation and rezone, February 1999. The attached drawings represent Architectural site plans, landscaping plans, drainage plans and Civil drawings. If there are any question or any additional drawings required please let me know. Sincerely, Ab*era Leatham and Krohn, Architects 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax (208) 336-3680 . BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF ) MERIDIAN JOINT SCHOOL DISTRICT NO. 2, ) WEST SIDE OF EAGLE ROAD BETWEEN ) FAIRVIEW AND USTICK ROAD, FOR ) ANNEXATION AND ZONING OF 12.21 ) ACRES FOR AN ELEMENTARY SCHOOL, ) MERIDIAN, IDAHO ) RFel" WED NOV 0 9 1998 CITY OF MF°ISL N i :t.Q411t 4-),Y' :�t, FINDINGS OF FACT AN FC;Eg\7ET CONCLUSIONS OF LA 11J1 AND RECOMMENDATION NOV 10 1998 TO CITY COUNCIL CITY OF MERIDIAN PLANNING & ZONING The above entitled annexation and zoning application having come on for public hearing on October 13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL t hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the October 13, 1998, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511; and §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 4. The property is approximately 12.21 acres in size. The property is located on the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 5. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The property is presently zoned by Ada County as Rural Transition (RT), and is primarily open land. 8. The Applicant requests the property be zoned (R-4), Low Density Residential. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The subject property is located off of Eagle Road between Fairview and Ustick, with the Carol's Subdivision to the north and west property lines. The proposed site of the subject property is adjacent to and west of Eagle Road. The proposed site is one-half mile north of Fairview Avenue. 11. The city limits of the City of Meridian are adjacent and abut on the west side of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 15. The Applicant proposes to develop the subject property in the following manner: Construct and develop a new Meridian Elementary School. 16. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Intestate 1-84. 17. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 17.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 17.3 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. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. FINDINGS OF FACT AND CONCLUSIONS OF LAW 4 FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL Design, routing and appropriate easements need to be coordinated with the Public Works Department. 17.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 17.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 17.7 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 17.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17 and all subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement should be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the following are development considerations which must be taken into account, in order in assure the proposed development is designed, FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 19.1 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 19.2 A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning and Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. 20. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits or alternatively, Applicant submit detailed site plans for review by the Planning and Zoning Commission or City Council. 21. The Applicant's requested zoning of the subject real property as Low 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL Density Residential (R-4) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as a (R-4) Low Density Residential District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and in accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the Applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 25.3 School and subdivision developments will be jointly planned and sited to insure mutual benefits and neighborhood identity. 25.4 The application is consistent with Meridian's self identity. 25.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water if the Applicant extends the line. 27. The legal description submitted with the application for annexation and zoning apparently meets the requirements of the City of Meridian and the State Tax Commission. If the legal description as submitted does not meet such requirements, Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and %2 of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-2-417 provides the City FINDINGS OF FACT AND CONCLUSIONS OF LAW 9 FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 4. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2- 416(E)(2)(c), City of Meridian Zoning and Development Ordinance.) 6. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the io FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. II FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 2. Under SCHOOL SITING GOAL STATEMENT at page 13 School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. SITING POLICES at page 13 and 14 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, b. Elementary and intermediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.3 School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.5 New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing. 3.6 Increased traffic should be discouraged on streets where existing elementary schools are located. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools (junior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 3.9 The policy of sharing sites for parks with schools should be encouraged. 3.10 A vocation aktech n ical school shall be encouraged to locate in the Urban Service Planning Area. Such a school should locate in close proximity to an Industrial Review Area and to an interchange of a primary or minor arterial with 1-84. 3.11 The City of Meridian supports the School District's investigation of the feasibility of fees -in -lieu -of -land dedication by sponsors of new residential housing. Such fees would be dedicated to the acquisition and/or development of public school sites and facilities. 3.12U Coordinate City and School District efforts to identify and acquire future school sites and adjacent open areas. 3.13U Coordinate school site planning with adopted utility master plans prior to school site acquisition. 3.14U Share information between the School District and City staff regarding land development proposals. 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road north of Overland Road is designated as a principal arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.51.1 Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. �MwMene 0951P Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City -designated gateway arterials include the following streets: Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically - pleasing entrances to the City of Meridian. Policies 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4AU Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statement 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 7. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-2-408(6)(3) as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) 15 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 8. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 9. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 10. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 11. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 12. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 16 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 13. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. B_ee Burt vs. The City of Idaho Fes, 105 Idaho 65, 665 P2d 1075 (1983). 14. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 15. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 17. As a condition of annexation and the zoning of (R-4) Low Density Residential, the Applicant may be required to enter into a development agreement as 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-4) Low Density Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission .or City Council for approval. 18. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby recommends approval of the proposed application for annexation and zoning as set forth hereinabove with the following conditions: a. Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. b. All conditions set forth herein be complied with. C. Provide roadway and roadway approaches, and developments and improvements to be approved by the ACRD. d. Applicant enter into a development agreement and/or submit detailed site plans that provide that in the event the conditions herein are not met by the developer that the property shall be subject to de -annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. e. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian 18 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 9, 1998, be complied with. f. All comments and conditions set forth by the Meridian Police Department, Meridian Fire Department, Meridian Water Department, Central District Health Department, Ada County Highway District, and the Nampa & Meridian Irrigation District must be complied with. 19. The above conditions are considered to be reasonable and the Applicant shall meet such requirements as a condition as approval of the application for annexation and zoning. 20. It is hereby recommended by the Meridian Planning and Zoning Commission that should the Applicant meet the afore stated conditions that the requested annexation and zoning as set forth hereinabove be granted by the Meridian City Council to the Applicant. 19 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the Applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: 110998 -Final FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 ELEMENTARY SCHOOL DISAPPROVED: 20 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD 11 DEPARTMENT (208) 884-5531 i MEMORANDUM: October 9, 1998 To: Planning & Zoning Commission, Mayor & City Council PiECEWED From: Bruce Freckleton, Assistant to CityEngineerC C r - 9 1998 Shari Stiles, P&Z Administrator c CITY OF MERIDIAN Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant_ These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDEagleRd.AZ P&Z Commission/Mayor & Council October 9, 1998 Page 2 5. Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 6. Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 7. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 8. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 11. A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning & Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. MSDEagleRd.AZ MERIDIAN CITY COUNCIL MEETING: MARCH 2 1999 APPLICANT: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 AGENDA ITEM NUMBER: 2 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 3 But that was the basic thought process and I'd also mention one of the concerns and I think that your comments are very important because it is important. The City is not to incur additional liability on the part of the City by entering into this agreement, and we've been very careful in this lease agreement. In fact there were a number of revisions that we requested that Nampa Meridian agreed to include in this agreement is one that no other party is a third party beneficiary of this agreement to claim that we are assuming liability beyond the protection and the limited liability that we are already afforded under that statute in title 36 and that we have drafted this tightly around the provisions of title 36. The statute to ensure that those protections are afforded the city so I just want to provide that for information and give the Chief an opportunity to review before the Council meeting and that's an excellent idea and get his input. Bentley: Okay with that in mind, I move that we table to the March 2"d meeting the Fothergill Greenway License Agreement so to give the Chief a chance to review. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to move item H that was on the consent agenda Fothergill Greenway License Agreement to the March the 2"d meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 — WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I'll open the public hearing and hear from staff. Shari. Stiles: Mr. Mayor and Council, I believe the primary reason this was tabled was to come up with a solution for access to the site, and I believe the school district is prepared to present what they've come up with on that issue. Corrie: Any other from staff comments? Stiles: I would like to add to my previous comments on this project. They're just proposing the annexation and zoning at this time, but since then we've met with the Idaho Transportation Department and they indicate that they would like since this abuts the half mile mark on Eagle Road, they would like a roadway at that location, and we'd have to work out the details of that as part of the site plan review. Bentley: Mr. Mayor, Shari, now you're saying they want a roadway to go into the school? MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 4 Stiles: They don't want access directly to the school or that they take their access from there, but they would like some kind of a roadway available at that half mile mark. They want to try to get rid of the rest of the accesses off of Eagle Road and it would primarily serve probably the 80 acres to the south of the school site, but I don't know if you have any thoughts on — Bentley: Well the only thought I have is the whole reason for tabling this and continuing it was that we didn't want the school to have access to Eagle Road. Stiles: They wouldn't have to take access from Eagle Road for the school buses for the Bentley: Okay. Corrie: Any other questions? Okay, I would like a member of the school to come forward. KENT KROHN, LEATHAM KROHN ARCHITECTS, 1735 FEDERAL WAY BOISE, IDAHO Krohn: Mr. Mayor and members of the Council we appreciate very much the patience of the Council in continuing this item for several meetings while we worked out some of the details on the required access that the Council wishes us to have from the west side to the school property. The owners of the (inaudible — off the microphone). The owners of the property immediately to the south have agreed to sell to the school district a portion of their property to allow this access to occur and negotiations are well along on the actual purchase of that. But the access then would be through the Packard Subdivision. The district would develop this road in here to get to the site on the west side through this little corner of this south property and we would — we don't have everything in writing at this point. We would like to go ahead with the action of annexation with the condition that the district provide the written final property transfer agreement prior to that occurring. Regarding the issue of the access off of Eagle Road, we have received permission from the Idaho Transportation Department to have an emergency access off of Eagle Road. I wasn't aware until this evening that they were you know -- is that a requirement of some sort Shari? This is their desire? What was the — Stiles: As a result of the corridor study that they did on Eagle Road that's what they're proposing is that the half mile mark at certain phases of the development of Eagle Road it could be signalized at that half mile mark and then removed at a later time, but there's also the issue of having that ditch that has to be piped right through there so that it may be the road would have to be constructed entirely on the next property. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 5 Krohn: Yeah, I think as these properties develop that certainly would be an appropriate thing to happen. At this time we are concerned with the school site and with the emergency vehicle access the secondary access and the school would develop that emergency vehicle access out on to Eagle Road, but we wouldn't anticipate any traffic related to the school's day to day functions to go out to Eagle Road. Stiles: No. Krohn: So with that we would ask that the Council go ahead with the annexation of this property subject to the district providing the final agreement on the property transfer to allow access on the west side. We would also anticipate that we would go back to the Planning and Zoning Commission with detailed on the west side t I'd subm t to any property development now that we have this access questions that you might have. Bentley: If you put in this emergency access, did you say that somebody was requiring that? Krohn: Yeah normally it's required by a public safety official that we have a secondary access to school sites. In case something happens in the subdivision we can still get there with emergency vehicles. Bentley: Right and I understand that. How are you going to control the foot traffic through there? Krohn: The foot traffic from this area into the school site? Bentley: No from Eagle Road on the emergency side on the emergency access? Krohn: Well I would imagine that anybody that wanted to access the school site on foot from the Eagle Road area would be able to utilize that emergency access lane. I don't think their intent is to restrict foot traffic but by knock off ballards and those kinds of traffic control devices, we're able control vehicle access. lalcdyou have any cess? I don't know reason to restrict foot traffic from Eagle Road on the emergency how you could. JIM CARBERRY, MERIDIAN SCHOOL DISTRICT 911 MERIDIAN STREET, MERIDIAN, IDAHO. Carberry: We really don't anticipate foot traffic from Eagle Road and to be quite honest we would certainly want to discourage that if at all possible. And we would do that through everyone's help including Chief Gordon, but probably the vast amount of the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 6 students that will come to this particular building will come directly from the west as foot traffic all the way from Locust Grove. We have not even established we are in the process of establishing boundary committees, but I can't tell you at this present time what the boundary for this particular school would be, but we would not welcome foot traffic on Eagle Road with the traffic there. We work to discourage that. Bentley: Thank you. Anderson: What was your time frame for putting the access road in through the subdivision? Weren't you originally talking about access for an initial period off of Eagle Road and then as you gained an access coming through the subdivision? Krohn: This access road would be put in before the school is actually operational. It would be part of the construction project for the school. Anderson: Great thank you. Corrie: Any other questions at this time? Thank you. Krohn: Thank you. Corrie: Anyone else from the public would like to issue testimony on this item number one in favor of the annexation? Okay anyone would like to testify against item number one? Council? Smith: Thank you Mr. Mayor, Council members, I had a discussion with Jim Carberry today concerning the access to the school site. They are dealing with the property owner of the Packard Subdivision site for acquisition of the right-of-way which will be deeded to ACHD. The roadway would be constructed in the alignment that is outlined in the preliminary plat for that subdivision and it would be designed and constructed in accordance with that and in accordance with the standards of the highway district. Sewer and water would need to be constrbme. enealt'sthat myunderstanding that the of future development of the property at the same school district is prepared to go forward with that. They would be working out an arrangement with the property owner for reimbursement for some of the costs or hopefully all of the costs for that roadway as the property develops. That's the process by which they would develop the access into the school site. Corrie: Any other comments from staff? Council, discussion? Bird: I have none. Rountree: I have none. Mr. Mayor I move we close the public hearing on this item. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 7 Bird: Second. Corrie: Okay motion made by Mr. Rountree ? Hearing by Mr. (rd to none alose the l those in falvor of ic hearing on item number 1. Any further discuss on the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion? Rountree: I'm trying to recall where we are on this, but I believe we at a point where we need findings based on this. Okay. Mr. Mayor clusions of Law and Dec s on and O deter on Attorney prepare Findings of Fact and Con the request for annexation by Meridian Joint School District No. 2 and that those findings indicate recommendations that were provided by Planning and Zoning Commission and that they indicate a favorable recommendation from City Council. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to order of the approval of do Findings of Fact and Conclusions of Law witha favorable decision o Findings of Facts of the Planning and Zoning. Any further discussion? Bird: Mr. Mayor I've got a problem with one on 1.1 of the recommendation from the Planning and Zoning. This site is currently landlocked ith no bdaho Transportation lic access to the site will have to be provided from Eagle Road with theapproval of the Department. We need to have that struck from the deal. Rountree: I think the testimony we received tonight om the P & Z recomms care of the lcular endation.e but I don't have a problem with that being stricken f Gigray: Mr. Mayor and Councilman Rountree, members elo development agreemednt because th syou seek r me to put in as a condition of the annexation and p be on is in the alternative this recommendation as to whether et oold or it would assumeldthat your approval. That would be one question. The of question motion would include since the school district just stated that they would agree as a condition of the annexation that they would acquirethis right-of-way 9hof way and bondathis road next that I would be include that in the proposed conditionsyour meeting. Rountree: Correct. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 8 Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: Question to the City Clerk, we do have that signed development agreement do we Will? We do okay. Any discussion on the development agreement? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the development agreement for Midvalley Business Park Subdivision. Rountree: Mr. Mayor I move that we approve the development agreement for Midvalley Business Park, authorize the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the development agreement of the Midvalley Business Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. TABLED FROM 212199: CONDITIONAL USE (T FOR 24,560 GARAGE WITH QUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND SECURITY FENCE (MIDVALLEE BUSINROAD/1-SS 84 INTERCHANGE, WEST OF RK) BY HUBBLE ENGINEERING — NW OF EAG TEXACO: Corrie: I think we will probably better table that one until after the ordinance is written. Mr. Gigray is that correct? Gigray: That would be my advice. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Cleric 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet a wfg@wppmg.com February 25, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED e.a 2 5 1U CitY of Meridian City Clerk Office Re: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 (AZ) REQUEST / FINDINGS AND CONCLUSIONS AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING for approval and signature by the Mayor and Council. Please serve a copy of the Findings, along with the Notice of Final Action, an extra copy is enclosed for your convenience, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. O l ' Enclosure D:\MyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (AZ)\AZ.CC Itr on FCS.wpd BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF MERIDIAN JOINT SCHOOL DISTRICT ) NO. 2, WEST SIDE OF EAGLE ROAD ) BETWEEN FAIRVIEW & USTICK ROAD, THE) APPLICATION FOR ANNEXATION AND ) ZONING OF12.21 ACRES, MERIDIAN, IDAHO) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:30 o'clock p.m., and the Applicant, Jim Carberry appearing on behalf of the Meridian Joint School District No. 2, having appeared and testified and the City Council having continued the public hearing to January 19, 1999, and the matter again coming before the City Council for public hearing on January 19, 1999, and it was therein requested to be continued and no one objecting and the same was continued until February 2, 1999, and the matter again coming before the City Council for public hearing on February 2, 1999, and it was therein requested to be continued and no one objecting and the same was continued until February 16, 1999, and the matter again coming before the City Council for public hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, and the Applicant having appeared and testified by Kent C. Krohn, of Leatham & Krohn Architects of 1735 Federal Way, Boise, Idaho, and Jim Carberry for Meridian Joint School District No. 2, for further clarification regarding the issue of access having been received from Gary Smith, City Engineer, and persons having appeared and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL testifying to safety concerns for children crossing Eagle Road, and the need for access to the subject real property from other directions and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 15, 1998, and the same having been continued in open session to January 19, 1999, and again being continued to February 2, 1999, and again to February 16, 1999, at which time a continued public hearing on this matter was held and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 12.21 acres in size. The property is located on the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 6. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 7. The property is presently zoned by Ada County as Rural Transition (RT), and is primarily open land. 8. The Applicant requests the property be zoned (R-4), Low Density Residential. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The subject property is located off of Eagle Road between Fairview and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL Ustick, with the Carol's Subdivision to the north and west property lines. The proposed site of the subject property is adjacent to and west of Eagle Road. The proposed site is one-half mile north of Fairview Avenue. 11. The city limits of the City of Meridian are adjacent and abut on the west side of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. The Applicant proposes to develop the subject property in the following manner: Construct and develop a new Meridian Elementary School. 16. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate 1-84. 17. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right -of - FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 17.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 17.3 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. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 17.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 17.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 17.7 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 17.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 17.9 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 17.10 A development agreement shall be required as a condition of annexation. 17.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHD approval of a building permit (or other required permits). 17.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACHD. 17.13 The Eagle Road Access Study identified temporary full -access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 17.14 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 17.15 The Applicant obtain written approval from the appropriate entities, .for the central sewage and central water plans. 17.16 The developer must contact John P. Anderson or Bill Henson at the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 17.17 Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site. 17.18 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de -annexation with the City of Meridian. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 19.1 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 19.2 A development agreement may be required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 19.3 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of-way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and an emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 19.4 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 19.5 The Eagle Road Access Study identified temporary full -access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 19.6 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 19.7 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de -annexation with the City of Meridian. 20. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as a (R-4) Low Density Residential District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 25.3 School and subdivision developments will be jointly planned and sited to insure mutual benefits and neighborhood identity. 25.4 The application is consistent with Meridian's self identity. 25.5 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.6 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.7 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water if the Applicant extends the line. 27. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights- of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and'/2 of all other adjacent Public right-of-ways. The legal description shall be prepared by FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 2. Under SCHOOL SITING GOAL STATEMENT at page 13 School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. SITING POLICES at page 13 and 14 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, b. Elementary and intermediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.3 School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.5 New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing. 3.6 Increased traffic should be discouraged on streets where existing elementary schools are located. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools (junior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 3.9 The policy of sharing sites for parks with schools should be encouraged. 3.10 A vocational -technical school shall be encouraged to locate in the Urban Service Planning Area. Such a school should locate in close proximity to an Industrial Review Area and to an interchange of a primary or minor arterial with 1-84. 3.11 The City of Meridian supports the School District's investigation of the feasibility of fees -in -lieu -of -land dedication by sponsors of new residential housing. Such fees would be dedicated to the acquisition and/or development of public school sites and facilities. 3.12U Coordinate City and School District efforts to identify and acquire future school sites and adjacent open areas. 3.13U Coordinate school site planning with adopted utility master plans prior to school site acquisition. 3.14U Share information between the School District and City staff regarding land development proposals. 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road north of Overland Road is designated as a principal arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 12. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 15. As a condition of annexation and the zoning of (R-4) Low Density Residential, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-4) Low Density Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential District Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de - annexation, with the City of Meridian which provides for the following conditions of development to -wit: 3.1 The site is currently landlocked with no public road access. Access to the site is proposed and shall be contingent upon the applicant obtaining a right-of- way and constructing a public road, which right-of-way shall also be used for public utilities in accordance with the standards of the Ada County Highway District which public road shall be in and run adjacent to the northwest boundary of the real property to the south of the subject property, a distance sufficient to provide access to the public streets within the Packard Subdivision in accordance with the approved plat thereof which is located in the parcel to the southwest of the subject real property, and as emergency access only to the subject property from Eagle Road, subject to Ada County Highway District requirements. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 3.3 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. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 3.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 3.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 3.7 Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 3.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 3.9 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 3.10 A development agreement shall be required as a condition of annexation. 3.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHD approval of a building permit (or other required permits). 3.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL 3.13 The Eagle Road Access Study identified temporary full -access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 3.14 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. 3.15 The Applicant obtain written approval from the appropriate entities, for the central sewage and central water plans. 3.16 The developer must contact John P. Anderson or Bill Henson at the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. 3.17 Applicant enter into a development agreement that provides in the event the conditions are not satisfied by the developer that the property shall be subject to de -annexation with the City of Meridian. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held February 16, 1999. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. in City Clerk Dated: msg\DAMyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (AZ)\AZ FFCL.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / MERIDIAN JOINT SCHOOL DISTRICT NO. 2 / ELEMENTARY SCHOOL APPLICATION COMMENT SHEET Reviewed by: fakkc— Date: Applicant: Project: Q@_ Comments: .f 1 Ada County Highway District Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6280 Dave Bivens, Commissioner Fax (208) 387-6289 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us Jim Carberry, Administrator of Support Programs MAR 0 5 1999 Joint School District No. 2 Cl'ff OF MERIDIAN 911 Meridian Street pLANNING & ZONING Meridian, ID 83642 Re: New Elementary School Site, East of Eagle Road, North of Fairview Avenue Dear Mr. Carberry, Thank you for meeting with the ACHD staff on Friday to discuss the future plans of the School District. The site has some distinct transportation challenges. ACHD concurs with your plans and those of the City of Meridian that public street access should be provided to the site through the undeveloped land to serve the school from the west. However, we are not supportive of a future public directly adjacent to the back of the planned lots in the Packard Subdivision as yourplanned access road is shown. If this is to be a public street, we recommend that it be located at least 105 -feet east of the rear lot line of the proposed lots. In this way, a Right -of -Way Division of lots can be developed between the new street and the "existing" lots to avoid the problems associated with double fronting lots. Our second comment deals with the connection, both short-term and long-term, to Eagle Road (S.H. 55. As you know, Eagle Road is planned to be a limited access arterial, with severe restrictions on direct property access in the future. The south property line of the school site is the mid-section line, which is an allowed location for a public street connection to Eagle Road The long range transportation plan calls for a collector road to intersect Eagle Road at this location to serve the area west of Eagle Road, north of Fairview Avenue. This includes your proposed school site, the undeveloped land south of the site and the developing subdivisions west of your site. To implement this collector road, ACHD will require the dedication of 66 -feet of right-of-way from Eagle Road to the southeast corner of the proposed school site. This right-of-way must be within 80 -feet of the mid-section line, either north or south of that line in order to maintain good signal coordination after signals are installed in the future. Ada County Highway District will pay the market value of the land being dedicated. The Highway District will also require the construction of a 28 -foot wide paved street within that right-of-way, connecting the school site to Eagle Road. I have sketched suitable locations for the two roadways on the attached map for clarification of the above. If you have any additional questions, please feel free to call on me or members of my staff for assistance. Sincer Orry Sal PIanni and Development Supervisor cc; Project File Chron Traffic Services Cityvf'WdianfShari Stiles I;lmisc\carberry.ltr :7/1J1 • IL' 7L' •.o. D f0 :1 -t7Z-- 99 10:27A L.EATHAM and KROHN LlAgr $ Leatham & Krohn A R C H I T E C T S Darrell Leatham, Archnect Kent Krohn, Architect Wayne Thowless, Archilecl 2 February 1999 Ms. Angel Sims Deputy City Clerk City of Meridian 33 L. Idaho Street Meridian, Idaho 83642 R�: City Council Agenda Itcm 3, 2/2/99 Meridian School District Ms. Sims: 1-208-336-3680 P.01 PcENED FEB 0 2 1999 RECEIVED CITY OF NERMUN FEB 0 2 1999 PLANNUiG&ZONING City of Meridian City Clerk Office The Meridian School District is working with an adjacent property owner to obtain access to the proposed elementary school site in the Eagle Road / Leslie Drive area. Because the owner of this adjacent property resides out of state, negotiations have been delayed. For this reason, we request continuation of the City Council's consideration of annexation of the school property unti I their 16 February 1999 meeting. Please call me to confirm this continuation. Respectfully, Kent Krohn, Partner Leatham and Krohn, Architects cc: Jim Carberry, Meridian School District 1735 Federal Way, Boise, Idaho 83705 - Phone (208) 336-3443 • Fax (208) 336-3680 � EcEIvED MAR 2 2 1999 CITY OF G & Z NTNG PAIN r1^A C0 TY RECER 3L 1999 Mt* UF- 1&�DIAN mer( d,t-4'fl REURDED - REDDEST OP FEE�DEPUT Y 6(-(99026!43 ► ORDINANCE NO. 9/7 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T. 3N., R. IE., B.M., Ada County, Idaho; said parcel being more particularly described as follows: Beginning at the Northeast corner of said Section 5; thence along the Easterly boundary line of said Section; South 0°36'05" West, 2,611.52 feet to the Southeast corner of said SE 1/4 of the NE 1/4, said corner being monumented with a found brass cap monument; MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE thence along the Southerly boundary line of said SE 1/4 of the NE 1/4, North 89°40'37" West, 372.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly boundary line of said SE 1/4 of the NE 1/4, North 89°49'37" West, 944.54 feet to the Southeast corner of Lot 13 of Block 2 of Carol's Subdivision No. 2 as shown on the official plat thereof recorded in Book 39 of Plats at page 3248, in the office of the Recorder, Ada County, Idaho; thence along the Easterly line of said Carol's Subdivision No. 2, North 0119'12" East, 660.38 feet to a point on the Southerly boundary line of Lot 7 of Block 2 of Carol's Subdivision as shown on the official plat thereof recorded in Book 38 of Plats at page 3154 in the office of the Recorder, Ada County, Idaho; thence along the Southerly line of said Carol's Subdivision South 89°10'00" East, 699.78 feet to a point; thence South 00°36'05" West, 354.16 feet to a point; thence South 89°40'37" East, 105.00 feet to a point; thence South 00°36'05" West, 50.00 feet to a point; thence South 89°40'37" East, 143.00 feet to a point; thence South 00°36'05" West, 250.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 12.08 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. 2 MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE r SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION S: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file MERIDIAN JOINT SCHOOL DISTRICT NO. 2 3 ANNEXATION AND ZONING ORDINANCE simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Aldicy't,. , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day offir% , 1999. msg\D:\MyFiles\Meridian City File\Meridian Joint 1 tt���•z�durrrrr,rf Qv `T. -4 ""/illr/rl f MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE iii ' j `� / j I - _�_ I ; N II 1 I 1 YI � 1 i,'I•. D 1 I UBDI ISI I ,1 _ ~ r ROES I ' �''-�------ - - - \--__-----_-_-- f. -_ -- _-- -- _ ----- S BDI ----SUBDIVI ION_ j I III ' r I I r S 89`/o'on"E. 69`1. 7Y --- --------JJI' Y , I V 1 S. W'4o'37'5 50' II I 5.64'4o'37'E 143 ------------------ I k 89'4q'37' w. 9e�S�' I - I N, 9940'37 II I J I I 1 —i w►Hr� � 11 1 I II I _I I I IQ I � I I II I II ( 11 1i OR 1 I' 11 I II ;I I 1 e II II I II I ; I , i I I 1 _ SUNO.2 2 T I I � 'N H1CKpRy � I I I \. ANGEL PARK DEVELOFt 4tlT ,,�, MERIDIAN CITY COUNCIL MEETING: MARCH 16. 1999 APPLICANT: JOINT SCHOOL DISTRICT NO. 2 AGENDA ITEM NUMBER: 6 REQUEST: ORDINANCE #817 — ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED ORDINANCE BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P., ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Intemet @ wfg@wppmg.com March 2, 1998 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE -� 7 T,, r r CITY OF NEERIDUI Re: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Meridian Joint School District No. 2. Please place this ordinance on the City Council agenda, and if this meets the Council's approval please have Mayor Corrie and yourself execute the same. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly your /wem.F. Gigray, msg/D:\MyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (Az)\Cleric on Ord.wpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS THE CITY OF MERIDIAN, MADECOUNTY REQUEST T OR STATE OF IDAHO; AND FINDING THAT THE OWNER HAS ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T. 3N., R. 1E., B.M., Ada County, Idaho; said parcel being more particularly described as follows: Beginning at the Northeast corner of said Section 5; thence along the Easterly boundary line of said Section; South 0°36'05" West, 2,611.52 feet to the Southeast corner of said SE 1/4 of the NE 1/4, said corner being monumented with a found brass cap monument; MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE thence along the Southerly boundary line of said SE 1/4 of the NE 1/4, North 89°40'37" West, 372.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly boundary line of said SE 1/4 of the NE 1/4, North 89°49'37" West, 944.54 feet to the Southeast corner of Lot 13 of Block 2 of Carol's Subdivision No. 2 as shown on the official plat thereof recorded in Book 39 of Plats at page 3248, in the office of the Recorder, Ada County, Idaho; thence along the Easterly line of said Carol's Subdivision No. 2, North 0'19'12" East, 660.38 feet to a point on the Southerly boundary line of Lot 7 of Block 2 of Carol's Subdivision as shown on the official plat thereof recorded in Book 38 of Plats at page 3154 in the office of the Recorder, Ada County, Idaho; thence along the Southerly line of said Carol's Subdivision South 89°10'00" East, 699.78 feet to a point; thence South 00°36'05" West, 354.16 feet to a point; thence South 89°40'37" East, 105.00 feet to a point; thence South 00°36'05" West, 50.00 feet to a point; thence South 89°40'37" East, 143.00 feet to a point; thence South 00°36'05" West, 250.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 12.08 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 2 ANNEXATION AND ZONING ORDINANCE SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file MERIDIAN JOINT SCHOOL DISTRICT NO. 2 3 ANNEXATION AND ZONING ORDINANCE simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of . 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of '1999. MAYOR ATTEST: CITY CLERIC msg\DAMyFiles\Meridian City File\Meridian Joint School Dist. No. 2 (AZ)\AZ. ORD.WPD MERIDIAN JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING ORDINANCE r MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 APPLICANT: MERIDIAN JOINT SCHOOL DISTRICT NO.2 ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES— WEST SIDE OF EAGLE BETWEEN FAIRVIEW AND USTICK ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 2/2/99 OTHER: All Materials presented at public meetings shall become property of the City of Meridian.. Meridian City Council Meeting February 2, 1999 Page 7 Leader: Yes. Bird: So it's $4872. Anderson: Mr. Mayor I would make a motion that we reimburse David Leader for the well development fees of Dove Meadows No. 2 for the 12 lots in question in the amount of $406 per lot. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the request of 12 (inaudible) for Mr. Leader at the cost of $406 per lot for Dove Meadows No. 1. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. 3. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 — WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: Council, I believe you have in your packets that there was a request by the architects that we continue this public hearing until February 16, 1999. However since this is a continuation of the public hearing, is there anyone from the audience who would like to testify in this request tonight? Okay, it will be continued if the Council so desires until the February 16t meeting. Bentley: Mr. Mayor I have a question. We received in our packet tonight another letter from Mr. Greg Ruddell dated January 29, 1999. Is this to be entered in as testimony? Corrie: No, that was just a letter that was sent to you in reference to a letter that was sent on to the school board that they wanted you to be informed of what was happening in that area. I think it is a moot point with the school, but Mr. Gigray, do you have any comment on that one? Gigray: Mr. Mayor and Councilman Bentley, one thing that you may want to make clear as to whether or not it is part or not part of the record because it might make a difference if somebody would seek a judicial review as to whether the Clerk would include it in the record or not. I also would recommend for your consideration this evening if you desire to continue this public hearing which you can certainly well do without renoticing it, if we have similar requests on to the future because I believe this has been continued twice before, you might give notice to the school that if they anticipate further continuances that you might consider renoticing it because it will be Meridian City Council Meeting February 2, 1999 Page 8 getting a little bit old after a while. I think we're okay now and I think at some point that issue could raise its head. Bird: Mr. Mayor I think we had a letter before the last Council meeting that was from this Mr. Ruddell that was entered into the record. Am I not right? So would this correspondence — shouldn't this also be entered into it? Rountree: Mr. Mayor, I guess my response to that Mr. Bird would be that the letter we received at the last meeting was specifically directed as input into the hearing. This one seems to me is just general interest to the Mayor and City Council as to where this particular individual stands on the issue. I would not be in favor of entering it into the record unless he so indicated. Gigray: You should for the record, Mr. Mayor and members of the Council, if you choose not to include it in the record I would also recommend that you make a statement that it will not be considered for any purposes in the decision of this matter so it's clear. Rountree: That's fine. I don't have a problem with that. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, I'll entertain a motion. Rountree: Mr. Mayor I move that one, we continue the hearing on item number three Meridian Joint School District No. 2 request for the west side of Eagle Road and that the letter received January 29th to the Mayor and City Council not be accepted into the record nor be used for any decision as it relates to this particular item. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to continue the public hearing until the 16th of February without receiving the letter that was given to the Mayor and City Council by Mr. Ruddell. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING FOR MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING — NW OF EAGLE ROAD/1-84 INTERCHANGE, WEST OF TEXACO. nsp- AAs/p a�"rj Q S, yle TO: Meridian City Council SUBJECT: Annexation - Eagle Road Elementary FROM: Greg Ruddell, patron & resident Please read into record, I must take my student to basketball practice. I?FcE'vED J;-1, i !u CITY OF MERIDIAN Meridian School District'. should adhere to Comprehensive Plan, which requires elementary school access from residential streets, only. Please do not allow access from Eagle Road. Any type of access from Eagle Road will create a safety hazard for small children. Any access or pathway from Eagle Road will simply create an unfortunate situation where a child decides to cross busy State Highway and is injured. Yesterday in Eagle, a child was critically injured crossing Highway 44. A child could very easily attempt to cross Eagle to access a school site. If no access is allowed, there is reduction in a potential mishap. "Safety First" Please don't allow school district to promise something later to address safety issue. Thanks, Greg Ruddell 6250 View Dr. Meridian, Idaho P.S. I represent the above thoughts and concerns as resident and parent of two Meridian School students. Two Meridian School Trustees' have contacted my employer, Ada County Commissioners to intimidate me. This was typed at home, after 5:00. MERIDIAN CITY COUNCIL MEETING: JANUARY 19 1999 Z ITEM NUMBER:—i — APPLICANT: MERIDIAN JOINT SCHOOL DISTRICTN W SIDE OF EAGLE BETWEEN FAIRV.IEW AND ICT REQUEST: AGS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED LETTER OTHER: of the City of Meridian. All Materials presented at public meetings shall become property mor ccr / nw•1 allu I�r _ �Leatham_ & K_rohn - A R C H I T E C T S Darrell Loatham. Architect Kent Krohn. Architect Wayne Thowless, ArChiteCt January 15, 1999 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 City Council Hearing Attention: Angel Simms —Meridian City Clerk Project: Meridian Joint School District No. 2 Annexation and Zoning of 12.21 acres Elementary school site RECEIVED .IAN 15 1999 City of Meridian City Clerk Office bove The Meridian Joint School District respectfully id n City Council uests that the aon JanuaryG191h which is scheduled to be heard before the Mer da be deferred to the next regularly scheduled hearing. easement to The reason for the deferral is that the necessaryte Council at tpublic road he last public property from the west, which was required y y result in arin has not been resolved. To proceed with the hearing would onl he gl questions that could not be answered at this time. Thank -you for your time and we apologize for the delay. Respectfully, i Amber Van Ocker Leatham and Krohn, Architects ,735 pAderal Way. Boise, Idaho 83705 Phone (208) 336-3443 - Fax (208) 336-3680 208 336 3680 PAGE.02 Density Residential (R-4) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential. 22. The proposed development will serve existing and growing needs and will provide sees to surrounding institutional, commercial and residential development. 23. The development of the property as a (R-4) Low Density Residential services District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and in accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the Applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 25.3 School and subdivision developments will -be jointly planned and sited to insure mutual benefits and neighborhood identity. 25.4 The application is consistent with Meridian's self identity. th the 25.5 The proposed developmenteconomic onomic Iselfbe consistent -suffic self-sufficiency for the existing and oal of supplying employment and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water if the Applicant extends the line. 27. The legal description submitted with the application for annexation and zoning apparently meets the requirements of the City of Meridian and the State Tax Commission. If the legal description as submitted does not meet such requirements, Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way s FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and '/z of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act' except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the 'City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-2-417 provides the City 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 4. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2- 416(E)(2)(c), City of Meridian Zoning and Development Ordinance.) 6. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the Io FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) — MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. II FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL t 2. Under SCHOOL SITING GOAL STATEMENT at page 13 School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. SITING POLICES at page 13 and 14 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, b. Elementary and intermediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.3 School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.5 New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing. 3.6 Increased traffic should be discouraged on streets where existing elementary schools are located. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools (junior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 12 3.9 The policy of sharing sites for parks with schools should be encouraged. 3.10 A vocational -technical school shall be encouraged to locate in the Urban Service Planning Area. Such a school should locate in close proximity to an Industrial Review Area and to an interchange of a primary or minor arterial with 1-84. 3.11 The City of Meridian supports the School District's investigation of the feasibility of fees -in -lieu -of -land dedication by sponsors of new residential housing. Such fees would be dedicated to the acquisition and/or development of public school sites and facilities. 3.12U Coordinate City and School District efforts to' identify and acquire future school sites and adjacent open areas. 3.13U Coordinate school site planning with adopted utility master plans prior to school site acquisition. 3.14U Share information between the School District and City staff regarding land development proposals. 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road north of Overland Road is designated as a principal arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.21-1 Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. trvwav Corr Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City -designated gateway arterials include the following streets: Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARYSCHOOL development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically - pleasing entrances to the City of Meridian. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4AU Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. (duality of Environment Goal Statement 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 7. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-2-408(B)(3) as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) 15 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 8. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 9. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 10. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 11. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 12. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 16 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 13. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 14. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 15. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 17. As a condition of annexation and the zoning of (R-4) Low Density Residential, the Applicant may be required to enter into a development agreement as 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARYSCHOOL authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-4) Low Density Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 18. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby recommends approval of the proposed application for annexation and zoning as set forth hereinabove with the following conditions: a. Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. b. All conditions set forth herein be complied with. C. Provide roadway and roadway approaches, and developments and improvements to be approved by the ACRD. d. Applicant enter into a development agreement and/or submit detailed site plans that provide that in the event the conditions herein are not met by the developer that the property shall be subject to de -annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. e. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian 18 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 9, 1998, be complied with. f. All comments and conditions set forth by the Meridian Police Department, Meridian Fire Department, Meridian Water Department, Central District Health Department, Ada County Highway District, and the Nampa & Meridian Irrigation District must be complied with. 19. The above conditions are considered to be reasonable and the Applicant shall meet such requirements as a condition as approval of the application for annexation and zoning. 20. It is hereby recommended. by the Meridian Planning and Zoning Commission that should the Applicant meet the afore stated conditions that the requested annexation and zoning as set forth hereinabove be granted by the Meridian City Council to the Applicant. 19 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL f � f APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED r �� CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the Applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED:_ 110998 -Final Q/ N FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL DISAPPROVED: 20 r � r MERIDIAN PLANNING AND ZONING MEETING: October 13, 1998 APPLICANT: MERIDIAN JOINT SCHOOOL DISTRICT NO.2 ITEM NUMBER: 13 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. �I � To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 11, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OFREC ATION(PRELIM & FINAL YOUR CONCISE REMARKS: ` NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live (208) 8U-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 8884433 • Fax (208) 8874813 PLANNING AND ZONING C, IF,,D DEPARTMENT KEITH BIRD 0IV, (208)884-5533 SEP 15 1998 CIr1 lr :)1, :riL' RIM1tl TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 11, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OFREC ATION(PRELIM & FINAL YOUR CONCISE REMARKS: ` C-77' ;"F MERIDUN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN the Meridian that our comments and recommendations will be considered ecomme eridi ns To insure t y lease submit Your comments an r Planning & Zoning Commission, please b Clerk y October 6 1998 Cit to Meridian City Hall, Attn: Will Berg, HEARING DATE: October 13 1998 ANSMITTAL DATE: Se tember 11 1998 TR REQUEST: BY: MER�E'`ry LOCATION OF GO JOINT SCHOOL DISTRICT PROPERTY OR PROJECT. FAIRVIEW & USTICK ROA' TAMMY DE WEERD, PIZ MALCOLM MACCOY, PIZ MARK NELSON, PIZ BYRON SMITH, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, CIC CHARLIE ROUNTREE, CIC KEITH BIRD, CIC GLENN BENTLEY, CIC WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT �c FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES WEST SIDE OF EAGLE ROAD BE _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRELIM & FINAL PIAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _NAMPL MEIDIANRSRRRIGA TON DISRIGATIORI DT TRICT _SETT _IDAHO POWER CO.(PRELIM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) .INTERMOOUF RECLAMAT ON(PRELIM & FINAL) BUREAU YOUR CONCISE REMARKS:__q_- r HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4264 ROBERT D. CORRIE OF MERIDIAN PUBLIC WORKS Council Members CITY BUILDING DEPARTMENT 33 EAST IDAHO (208) 887-2211 CHARLES ROUNTREE MERIDIAN' IDAHO 8,W2 PLANNING AND ZONING GLENN BENTLEY Phone (208) 888-4433 • Fax (208) �y (IV -EI ET) DEPARTMENT RON ANDERSON `(I lV`J (208) 884-5533 KEITH BIRD SEP 15 1998 C-77' ;"F MERIDUN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN the Meridian that our comments and recommendations will be considered ecomme eridi ns To insure t y lease submit Your comments an r Planning & Zoning Commission, please b Clerk y October 6 1998 Cit to Meridian City Hall, Attn: Will Berg, HEARING DATE: October 13 1998 ANSMITTAL DATE: Se tember 11 1998 TR REQUEST: BY: MER�E'`ry LOCATION OF GO JOINT SCHOOL DISTRICT PROPERTY OR PROJECT. FAIRVIEW & USTICK ROA' TAMMY DE WEERD, PIZ MALCOLM MACCOY, PIZ MARK NELSON, PIZ BYRON SMITH, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, CIC CHARLIE ROUNTREE, CIC KEITH BIRD, CIC GLENN BENTLEY, CIC WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT �c FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES WEST SIDE OF EAGLE ROAD BE _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRELIM & FINAL PIAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _NAMPL MEIDIANRSRRRIGA TON DISRIGATIORI DT TRICT _SETT _IDAHO POWER CO.(PRELIM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) .INTERMOOUF RECLAMAT ON(PRELIM & FINAL) BUREAU YOUR CONCISE REMARKS:__q_- r Y' - ox HUB OF TREASURE VAl1.EY LEGAL DEPARTMENT mayor A Good Place tO Live (208) 884-4264 ROBERT D. CORRIE CITY OF MERIDIAN Y PUBLIC WORKS Council Menibm BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 987-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 �+ E -VPLANNING AND ZONING RON ANDERSON Phone (208) 888-4433 • Fax (208) $&7,1Y3 D DEPARTMENT V (208) 884-5533 ! KITH BIRD SEP 17 1998 ITERIDUNI AL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian & Zoning Commssion, please submit your comments and recommendations Planning October 6 1998 to Meridian City Hall, Attn: Will Berg, City Clerk by: er 11 1998 HEARING DATE: October 13 1998 TRANSMITT AL DATE: Se temb REQUEST: ANNEXATION AND ZONING OF 12.21 ACR BY: MERIDIAN JOINT SCHOOL DISTRICT NO. T SIDE OF EAGLE ROAD BETWEEN A LOCATION OF PROPERTY OR PROJECT: ES & USTIC TAMMY DE WEERD, P2 MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C 'WATER DEPARTMENT SEWER DEPARTMENT - BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT _ADA PLANNING ASSOCIATION _CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN BUREAU RECIAMATION(PRELIM & FINAL ) B, R CONCISE REMARKS I " If CCENTRAL 00 DISTRICT ''ItHEALTH DEPARTMENT CEN I KAL DISTRICT HEALTH DEPART MENT Environmental Health Division Return to: ❑ Boise ❑ Eagle �/1 O6_ ❑Garden City NNEX/f-�'/ate o�/r� j 2iDi.9a� Rezone # �5 2/ GT 14 2 Conditional Use # P 1' inn / Final / Short Plat re im ry ES 11)V,CIE ❑ 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. I 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposa. ❑ Meridian ❑ Kuna ❑ ACz 2 9 199L CITY OF MERIDIAN 4, We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. u 8. After written approval from appropriate entities are submitted, we canapprove twister proposal for: central sewage ❑ community sewage system ❑ community ell ❑ �. central water interim sewage individual sewage Individual water ❑ C1 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: community water ❑ central sewage C] community sewage system ❑ ty ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑ 14. ❑ child care center Date: 9 /�_/�� Reviewed By: Review Sh CDHD 10191 r6, «r. 1197 22 September 1998 p,FGE1vED SEP 2 4 1598 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation and Zoning of 12.21 Acres for Meridian Joint School District No. 2 Dear Commissioners: Lateral courses along the south The Nampa & Meridian Irrigation District's Stokesberry Lateral is 40 feet; 20 feet from the boundary of the project. The right-of-way of the Stokesberry center each way. Idaho Code 42-1208--RIGHTS-OF-WAy rson or Bill SUBJECT Henson at O6ADVERSE for eveloper must contact John P. approval before any e POSSESSION. The dncroachment or change of gh�of--way occurs. Sincerely, 73111 -enso , Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln CC., File - Shop File - office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 , r f 22 September 1998 varzae 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 CA OFFICE: Nampa 466-7861 oI�Y SHOP: Nampa 466-0663 Leatham & Krohn, Architects 1735 Federal Way Boise, ID 83705 Application for Elementary school -Eagle Road RE: Land Use Change Dear Leatham & Krohn: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. , I would If this development is under aier's,rush" check, money order dor cash as recommend that you submit a cash If you it must clear the bank before payment of the fees in order to speed the process up. --Y-OU payment of the f ees in order to spit must clear the bank befOre submit a com an or Personal check processing the application. Should this development be planning a pressure urban irrigation operated and maintained by system that will be owned, a ou to coordinate with John P. urge Irrigation District, I strongly g y the Irrigation District Anderson, Water Superintendent for concerning the installation of the pressure system. questionnaire that you must fill out and return in Enclosed is a q agreements between you order to initiate the process of contractual ag operation eee and and the Irrigation District for the °`^gation1psystem. Please maintenance of the pressure urbanou arenotplanning a pressure disregard this questionnaire if y urban irrigation system. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 22 September 1998 Leatham & Krohn, Architects Page 2 of 2 If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, im-� Donna N. Moore, Treasurer Assistant Secretary/ cc: File Water Superintendent Meridian Joint School District No. 2 City of Meridian enc. T To: Planning & Zoning Commission, Mayor & City Council FtECETV-EI) From: Bruce Freckleton, Assistant to City Engineer3� 0 C T - 9 1998 Shari Stiles, P&Z Administrator CITY OF MERIDIAN Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to.the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDEagleRd.AZ HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live884-4264 (08) ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-22) ( MERIDIAN, IDAHO 83642 GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT 3 (208) 884-5533 KEITH BIRD ,p I (... October 9, 1998 MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council FtECETV-EI) From: Bruce Freckleton, Assistant to City Engineer3� 0 C T - 9 1998 Shari Stiles, P&Z Administrator CITY OF MERIDIAN Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to.the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDEagleRd.AZ P&Z Commission/Mayor & Council October 9, 1998 Page 2 5. Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. b. Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 7. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 8. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 11. A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning & Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. MSDEagleRd-AZ ** TX STATUS REPORT ** DATE TIME TO/FROM 20 10/09 15:22 1 208 336 3680 AS OF OCT 09 '98 15:2:3 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 01'00" 002 094 OK MEMORANDUM: October 9, 1998 To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineert%. Shari Stiles, P&Z Administrator �& Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should he considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesber y Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDI aS1cRd.AZ HUB OF TREASURE VALLEY P1410- Mayor ROBERT D. CORRIE A Good Place to Live 336- 3A0 SoUnei1 Mambcrg CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 .......... ... „ KEITH BIRD DEPARTMCNT (2081984-5511 MEMORANDUM: October 9, 1998 To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineert%. Shari Stiles, P&Z Administrator �& Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should he considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesber y Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDI aS1cRd.AZ MERIDIAN CITY COUNCIL MEt i APPLICANT: AERIDIAN JOINT SCHOOL DISTRIC' REQUEST: ANN�TwN �` ZONING OF 12.21 AC AGAG CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CIT`( WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ITEM NUMBER:—�—Z COMA SEE MINUTES FROM P & Z SEE P & Z PACKET ETHER: of the City of Meridian. All Materials presented at public meetings shall become property Meridian Planning & Zoning Commission November 10, 1998 Page 16 Rossman: So I guess there's no need for testimony. MacCoy: All right Commissioners, having had the material returned to us through the staff, you reviewed it. What is your decision? De Weerd: I guess I just have — there were not any changes. Is that correct Shari? So it still stand on what we had at our last meeting. Okay. I have no further questions. Nelson: I have no questions. Smith: Mr. Chairman I would like to make a motion that we recommend approval of this preliminary plat to the City Council. Borup: Second. MacCoy: Okay, all in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 — WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD: MacCoy: Commissioners what is your desire? Smith: Mr. Chairman I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Nelson: Second. MacCoy: Okay roll call coming up here. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, -- De Weerd: Can I wait for a minute? I would like Counsel in our motion to accept this or to approve this with the findings we ask that a site plan review and I just got this right before the meeting so I'm asking Counsel if it's in the Findings. Rossman: Commissioner De Weerd you might take just a couple of minutes and read paragraph 17 on page 17 of the proposed findings. I think that should answer your question. Meridian Planning & Zoning Commission November 10, 1998 Page 17 De Weerd: Okay thank you. Aye. ROLL CALL VOTE: De Weerd, aye. Nelson, aye. MOTION CARRIED: All ayes. MacCoy: Okay decision of recommendation please. Smith: Mr. Chairman the Meridian Planning and ZoningCo recommends to the City Council of the City of Meridian that the a annexation and zoning as set forth within these Commission hereby Law as requested by the applicant for the property Findings of Fact and Conclusions of e y approve the rtY described in the application with the conditions set forth within these Findings of Fact and Conclusio other conditions required by the Meridian City Council. ns of Law and that any MacCoy: All in favor? MacCoy: Oh, we didn't get a second on that did we? Nelson: I'll second it. MacCoy: Now, all in favor? MOTION CARRIED: All ayes. ITEM NO. 7: FINDINGS OF FACT AND CONCLUSIONS OF ANNEXATION AND ZONING OF 5.4 ACRE FOR PROPOSED I REQUEST FOR BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING — NW OF ROAD / 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: OF EAGLE MacCo y : Commissioners, SCO: what do you have? De Weerd: Mr. Chairman there was a letter included in our ac and I really didn't know what it had to do with this particular item et from a Morgan plant With this? Was it supposed to be MacCoy: Shari, what is that letter? 1 can't find it in my packet. Stiles: There's a letter from Mr. Plant, but it had to do an entire) Plant his property is located south of Franklin Road and east of L different e know — (End of Tape) Locust Grovee so I property. MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10 1998 ^T ' _AGENDA ITEM NUMBER: 6 APPLICANT: REQUEST: A_ Nrvr-' AGS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: COQ SEE ATTACHED MINUTES FROM 10/13/98 FINDINGS TO BE SUBMITTED.... SEE ATTACHED COMMENTS i lr� U" 1 US WEST: INTERMOUNTAIN GAS: s shall become property of the City of Meridian. BUREAUOF RECLAMATION: OTHER: blic meeting All Materials p fesented at pu3rr✓IA►l _16t6- vt� MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER '13,1998 PAGE 53 MOTION CARRIED: All ayes. (TABLED BEFORE ITEM #12)1 TEM #11: REQUEST FOR ANNEXATION I ON BY 2.84 ACRES FOR PROPOSED OLIASON PAR ZONING OF ST OF 603 PINE: TONY HICKEY — EA MacCoy: I closed the public hearing. Alright commissioners, what is your decision for Item #11? per acre. acres divided by 11 lots is almost 2.6 p Just one comment, 2.84 to what the density is. Borup: but that gives us a relationship eleven lots is don't know if y havelsaid that wrong. The 2.84 acres divided by What I—I may .258 lots per acre. Smith: •258 De Weerd: 2.58• lace. 2.58, maybe its not in the Okay, themay decimal point is in the wrong p wrong place, Borup: be I can't see it. cCo : What do you want to do with Item #11? Findings of Ma Y attorney to draw up prove the annexation and zoning of 2.84 acres De Weerd: I would move that we ask the city Fact and Conclusions of Law to approve for the proposed Oliason Park Subdivision. Nelson: Second. you going to abstain or are you Co . All in favor? I hear three ayeS, but are y Macy going to say nay? Smith: Nay. MOTION CARRIED: Three ayes, one nay. orney for preparing the facts. Item #12 has been MacCoy: It moves on to the meeting• tabled to the November 10 , NEXATION AND ZONING OF FF�GLERES T SCHOOL DISTRICT NO.2 —WEST SIDE ITEM NO. 13: RE NUEST FORA D. BY MERIDIANEN FAIRVIEW & USTICK ROA ROAD BETWEEN � I'm still MacCoy: Staff do you have any comments before we start this thing waiting for staff, found your place yet? MISSION MEETING ING AND ZONING COM m packet, PI�,NN les m Y MERIDIAN PLAN meats, cop ted in an OCTOBER most ois Y comments, , property is lora plan 't have m project, the P rehensive PAGE 54 tel , l didn't ed th P of Eag view Meridian Comprehensive le Unfortiuna B� ce and 1 re west Stiles: with me residential on the tion was so bear single family of the Carol Su WdivThe legal descrir area shown as south °f Fairv�e legal frontage* mediately mile north currently has no g with Idaho The parcel is Im atly a half m °Sing, to coordinate oad, approxim A- e that they are The would need easementso Wa access R The sto provide, accurate. access Th Y ss and et their sewer public road for that aco ed that thehe Packard Su hat s roje t s a On- There is no P Its Prop called t he property Th Project . lace TV nsP°rtati°n D of utilities hat is and for extension ents through w west of are talons being em oath and eat considerations that is b be from el s lift station line would this site to the those easem 1 there is a if the trunk kitty corner from efully division # e this p1ece ditch schedule, Packard Subdivision to sere -(here is a of little behindThere is desig °f this school • not aware right now h that is uc{lon tiled. l'm to be south slough cons to be would need built near the ended prior to the that would need attention Was given sewer is not extended boundary a site. Particulahat consideration arty along the rest of toh a to make sure that sold the pf ° e that that runs that are on the the 9 an I would hop p entlem any d►tches . tan that they p understand subdivision and an with the paid to the site P hborhood, lives in that su site P adjacent ne19 john Barnes,need to coordinate any to that school district, the to the cognizant of he would be very hborhood. of that nei9 Maybe lust to expand a needs ou Bruce? sewer Anything from Y mission. As Shari stated, Maccoy of the coomthis Prov was Mr. Cha►rman' members ability site. ro thele sewer and Water servi hrou9h Packard relim►nary p set Freckleton• a coming Ment and the P lot that was little bit on the s$-t would b develop a com' on routing of for this es of that d was ven t service he early stag as established, there the system' ha of utilities• Designw where we are t coordinated• made in proposed route w e routing ed to be were—a p corner for th easements. all need hard to kno in this appropriate easem end aside UP the app site, so its K the system, n layout for the now. Now open seen any desi9That was about all. Baring to the public of District? going on that. Alright School very much• the Meridian Thank You here from MacCOy. representative ID WAS SWORN IN B and is the rep FEDERAL WAY, BOISE, KENT KROHN, 1735 appreciate being able to A�ORNEY• of th mission, we apP conditions e com comments and working members reviewed the We are currently artment for Krohn: Mr Chairman, We have ent with those ou this evening- m Transportation De of the address y are in agreethe Idaho developer Proposed by staff and east and With the the property owner Agreements are in place with Ea le Road access to 9 1SSIoN MEETING. NING GoMM a have e NNING PFF.P.,n7_0tothe site. on d;tch °n o ME 'JOINS ?I `Aggg water acres a mayor irri W be happy p0,ow on sewer and n esent to dle • �o prObleM PAGE 55Subd;vision Ding °n at P Ste we ha packar eying design a °then thin'9s- , have' sof the.neapplicant? mig sogth PropeTW es ons that Y°u have any quest►on subni�t any q ou Gornni►ssioners, do Y Mace°y'� I have none ou have Sol goruP� Weerd, do Y Krohn. Thank IOU. G°mr'�►ssioner pe Just a minute, Mace°y' at peWeerd: 140t:loner Dintm• ith? t tYPically • e in to pressurize MacGoy GonM►sste schDol distric tis�oesh d irrigation they have, Yes' Smith: I a{e ava►lable then anti►cular Pr°sect? t of stems'? if they uld be °n th►s P t on the dev we Would Krohn' It depends, that far Ye ilable IOU anticipate that it w 0 quite SIS ava aIMeridlan SRi►th. p° Y° ,ve pro9res ed irn9at°n w1 h the Name n. I don t th a haVe a pre WoU d word;nate Kroh rope . If do that_ W thobabW wantrio on that prri9a�°n p► myth'• Okay thanks' S Nelson? Id like to comment Ma ,Col . Mr o questons. one here wng on this one. elson: I have n 1s there anY ublic hear N thank y°V • close the P MacGoY. Pang ntot, I' m going to pro or con ' P rd: N°'wa►t en9ineerFreckleton• pe Wee have a question for BoruP' Ido °ahead MacGoY. okay, 9 ~� MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 56 Borup: Pertaining to—I'd never heard anybody call you that before, I thought I would try it. Sewer service to this site, is there an active sewer service through Packard at this time? Or, well—I'll start with that question. Freckleton: Commissioner Borup, members of the commission, Packard Subdivision has hit some snags. Easement negotiations going on with a property owner to the west of what was in Packard Subdivision #2 for access to the south slough sewer trunk line. Easement negotiations broke down, the developer had to fall back on an earlier plan to install a lift station and pump the sewage back up to what is Chamberlain Estates. They are in the process of building that lift station now. That was a pretty major setback to that project. Gravity sewer lines have been installed in phase one. what you see out there today, the paved- street, avedstreet, those lines are all in, however, without the lift station in place, or the route to the trunk line, it's not an approved system today, but as I said earlier, in phase #3 of what is going to be Packard Subdivision, the sewer lines would extend on up to that northeast corner. Borup: Of the school site? Freckleton: That would be gravity flow through Packard down to the south slough. Borup: I guess my question is, if the lift station goes in, that would access the school site presently? Until the gravity flow trunk line is eventually connected? Freckleton: Yes, yes. Borup: Then there would be access through the... Freckleton: Through Packard Subdivision, (Inaudible) Borup: Through the lift station assuming that it's going—and I assume they are working very hard on that, I would think. Freckleton: They are, they are behind the ball big time. Borup: Since they've got houses built. Freckleton: Right on. I'm not s isite of the pumps and that sortofconsideration during the design of the station as far as the size thing. Mr. Krohn could answer, I'm not sure. Borup: I'm assuming that is something they will work out with... Freckleton: It may have to be upsized. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 57 Borup: The city engineering department and it's not going to effect what we need to do on here. Thank you. MacCoy: Anything else? De Weerd: I had a question for Shari on the site plan it's got landscape detail. Is that sufficient for you and do you have any concerns with the perimeter around the field all being the Pines. There is an awful lot of them. Stiles: Commissioner De Weerd, commissioners, I don't have any sort of site plan with this application. They hadn't applied for anything but annexation and zoning. De Weerd: Oh, yeah. Stiles: If they get zoned in the R-4 that is a permitted use in that zone, however, in talking to their representative, they stated they would have no problem coming not as a conditional use permit or anything like that but to have the site plan reviewed either by Planning and Zoning Commission or the City Council to get your input on those plans. De Weerd: So would that be a condition of zoning and annexation? Stiles: It could be. Smith: ... complaining that there is too many trees. De Weerd: No, not too many trees, but too many of one. Smith: Just wanted to clarify that. De Weerd: I wouldn't do that. MacCoy: I think evergreens are a nice tree myself. Borup: I assume they are looking at the year round. MacCoy: Yeah, I do too. De Weerd: Well, I just say that because when one gets diseased, you do have a problem with them all getting diseased and those do have some disease problems. That's why I ask. MacCoy: It really depends on what kind of Pine too, I've been dealing with the nursery people this past week on a couple of things like that. Okay, are you ready—close the public hearing now. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 58 De Weerd: Yes. MacCoy: Okay, I'm going to close the public hearing officially. Commissioners what is your desire? Smith: Mr. Chairman, I would like to make a motion that we ask the city attorney to prepare Findings of Fact and Conclusions of Law to approve this item. Nelson: Second. MacCoy: All in favor? De Weerd: I haven't voted. MacCoy: You didn't vote? De Weerd: No, I didn't. Smith: Did you want me to add your....Can I withdraw my motion? MacCoy: You withdraw your second. Smith: Yeah, I'll withdraw his second. MacCoy: You will. Nelson: If he lets me. MacCoy: Lets go back again. Smith: Mr. Chairman I would like to make a motion that we direct the city attorney to prepare Findings of Fact on this item to approve it with the condition that the applicant come back before this commission for site plan review. De Weerd: Second. MacCoy: I hear a second. Okay, she said she had a second. All in favor now? MOTION CARRIED: All ayes. ITEM NO. 14: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING — NW OF EAGLE ROAD/ 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: �r oCno SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 27, 1998 Meridian Joint School District No. 2 911 Meridian Street Meridian, Idaho 83642 Re: Staff Level Approval MA -08-98 Facts and Findings: Eagle Road n/o Fairview Avenue R_ECEIVErJ Nov 0 2 1998 CITY OF iMERMUN PLAIYND G & ZG-.:_::. Leatham and Krohn Architects 1735 Federal Way Boise, Idaho 83705 From RT to R-4 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone from RT to R-4 for an elementary school. The 12.21 -acre site is located west of Eagle Road and %i mile north of Fairview Avenue. This development is estimated to generate 600 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on September 11, 1998, and submitted to the District on September 17, 1998, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. In 1997 the District completed an access control plan for the entire Eagle Road corridor. The access control area covered in this plan included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be avoided or eliminated in the future. Therefore, this site should be provided with adequate access from the interior of the neighborhood rather than from Eagle Road. Any driveway to Eagle Road may be severely restricted or closed in the future. Only identified temporary full -access intersection's approximately 1,320 -feet and 1,980 -feet north of Fairview Avenue would be permitted. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased, and a one-way frontage road is a long range possibility. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail; teIIus@achd.ada.id.US D. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with additional improvements. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1 • Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3• The Eagle Road Access Study identified tem orafull-access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with District staff. The site should be designed to have full street access from the interior of the section. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 1 • This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The re uest shall -peg-"gall identify each requirement to be reconsidered and include a written ex lanation of whysuch a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of MA0898.BK Page 2 data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MA08983K Page 3 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerel , Sa Planni g and Development Supervisor cc: Project file Lead agency MA0898.BK Page 4 3 b`a�13n0 0 I. LL1 f - L W � w LU Ml U EL FST a. 0 1 0 ,,. SUB. nRIVE \ -. LJ � I r z 1 � PROPERTY ^�: `� ♦ j p�G 0 ♦ ♦ ♦ RT 6 , I� BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF ) MERIDIAN JOINT SCHOOL DISTRICT NO. 2, ) WEST SIDE OF EAGLE ROAD BETWEEN ) FAIRVIEW AND USTICK ROAD, FOR ) ANNEXATION AND ZONING OF 12.21 ) ACRES FOR AN ELEMENTARY SCHOOL, ) MERIDIAN, IDAHO ) REc�WED NOV 0 9 1998 CITY OF ME'R,1-`,LkN, +-CO4 *tf fir, -f- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled annexation and zoning application having come on for public hearing on October 13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL it .0 hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the October 13, 1998, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511; and §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 4. The property is approximately 12.21 acres in size. The property is located on the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 5. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 2 the City of Meridian, adopted December 21, 1993, Ord. No. 629- and the Ordinance establishing the Impact Area Boundary.Jan. 4, 1994 and Maps 7: The property is presently zoned by Ada County as Rural T and is primarily open land. Transition (RT), 8. The Applicant requests the property be zonedR-4 Residential. ( )� Low Density 9• The Applicant has requested the annexation and zoning, and t was not initiated at the request of the City of Meridian. g he application 10. The subject property is located off of Eagle Road between Ustick, with the Carol's Subdivision to the north and w Fairview and est property lines. The proposed site of the subject property is adjacent to and west of Eagle Road. T one-half mile north of Fairview Avenue. he proposed site is 11: The city limits of the City of Meridian are adjacent and abut on t of the subject property. he west side 12. The land within the proposed annexation is contiguous to the limits of the City of Meridian, and the annexation would not be a s present city shoestring annexation. 13. The property which is the subject of this application is within t Impact of the City of Meridian. he Area of 14. The entire parcel of the property is included within the Meridian Service Planning Area as the Urban Service PlanningArea � ian Urban is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 3 I 15. The Applicant proposes to develop the subject property in the following manner: Construct and develop a new Meridian Elementary School. 16. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Intestate 1-84. 17. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 17.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 17.3 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. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL 4 I Design, routing and appropriate easements need to be coordinated with the Public Works Department. 17.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 17.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 17.7 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 17.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17 and all subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement should be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the following are development considerations which must be taken into account, in order in assure the proposed development is designed, FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO.2 - ELEMENTARY SCHOOL I It constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 19.1 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 19.2 A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning and Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. 20. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits or alternatively, Applicant submit detailed site plans for review by the Planning and Zoning Commission or City Council. 21. The Applicant's requested zoning of the subject real property as Low FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (R-4) - MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - ELEMENTARY SCHOOL 6 BEFORE THE PLANNING AND ZONING COMMISSION THE MATTER OF MERIDIANJOINT SCHOOL DISTRICT RECOMMENDATION OAD TO CITY COUNCIL BETWEEENN FAIRVIEW AIRVI W AND USTSIDE OF EAGLE RICK ROAD, ) FOR ANNEXATION AND ZONING OF 12.21 ) C. ACRES FOR AN ELEMENTARY SCHOOL, j I _ S -9 MERIDIAN, IDAHO r'I I INTRODUCTION 1. The property is approximately 12.21 acres in size. The property is located on the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 2. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 3. The property is presently zoned by Ada County as Rural Transition (RT), and is primarily open land. property be zoned (R-4), Low Density Residential. 4. The Applicant requests the 5. The subject property is located off of Eagle Road between Fairview and Ustick with the Carol's Subdivision to the north and west property lines. The proposed site , of the subject property is adjacent to and west of Eagle Road. The proposed site is one-half mile north of Fairview Avenue. g. The city limits of the City of Meridian are adjacent and abut on the west side of the subject property. RECOMMENDATION TO CITY COUNCIL - PAGE 1 ANNEXATION AND ZONING - MERIDIAN SCHOOL DISTRICT NO. 2 ELEMENTARY SCHOOL E 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: Construct and develop a new Meridian Elementary School. 10. The Applicant's requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential. 11. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATIONS 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of RECOMMENDATION TO CITY COUNCIL - PAGE 2 ANNEXATION AND ZONING - MERIDIAN SCHOOL DISTRICT NO. 2 ELEMENTARY SCHOOL the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 1.2 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 1.3 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. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 1.5 Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 1.7 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. RECOMMENDATION TO CITY COUNCIL - PAGE 3 ANNEXATION AND ZONING - MERIDIAN SCHOOL DISTRICT NO. 2 ELEMENTARY SCHOOL 1.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.9 Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 1.10 A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning and Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. Adopt the ACHD's Recommendations as follows: 1.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the ACHD a letter from ITD regarding said requirements prior to ACHD approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 1.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the ACHD. 1.13 The Eagle Road Access Study Identified temporary full -access intersection approximately 1,320 -feet, 1;980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with ACHD staff. The site shall be designed to have full street access from the interior of the section. 1.14 As required by ACHD policy, restrictions on the width, number and locations of driveway, shall be placed on future development of this parcel. RECOMMENDATION TO CITY COUNCIL - PAGE 4 ANNEXATION AND ZONING - MERIDIAN SCHOOL DISTRICT NO. 2 ELEMENTARY SCHOOL Adopt the Central District Health Department's Recommendations as follows: 1.15 The Applicant obtain written approval from the appropriate entities, for the central sewage and central water plans. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.16 The developer must contact John P. Anderson or Bill Henson for approval before any encroachment or change of right-of-way occurs. The Planning and Zoning Commission further advises: 1.17 Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site. 1.18 Applicant enter into a development agreement and/or submit detailed site plans that provide that in the event the recommended conditions are not satisfied by the developer that the property shall be subject to de -annexation with the City of Meridian, which provides that conditions of the development be met. RECOMMENDATION TO CITY COUNCIL - PAGE 5 ANNEXATION AND ZONING - MERIDIAN SCHOOL DISTRICT NO. 2 ELEMENTARY SCHOOL MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 AGENDA ITEM NUMBER: 6 REQUEST: ANNEXATION & ZONING 12.21 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS TO BE SUBMITTED.... CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 53 MOTION CARRIED: All ayes. (TABLED BEFORE ITEM #12)ITEM #11: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY — EAST OF 603 PINE: MacCoy: I closed the public hearing. Alright commissioners, what is your decision for Item #11? Borup: Just one comment, 2.84 acres divided by 11 lots is almost 2.6 per acre. I don't know if that helps, but that gives us a relationship to what the density is. What 1-1 may have said that wrong. The 2.84 acres divided by eleven lots is .258 lots per acre. Smith: .258 De Weerd: 2.58. Borup: Okay, the decimal point is in the wrong place. 2.58, maybe it's not in the wrong place, maybe I can't see it. MacCoy: What do you want to do with Item #11? De Weerd: I would move that we ask the city attorney to draw up Findings of Fact and Conclusions of Law to approve the annexation and zoning of 2.84 acres for the proposed Oliason Park Subdivision. Nelson: Second. MacCoy: All in favor? I hear three ayes, but are you going to abstain or are you going to say nay? Smith: Nay. MOTION CARRIED: Three ayes, one nay. MacCoy: It moves on to the attorney for preparing the facts. Item #12 has been tabled to the November 10th, meeting. ITEM NO. 13: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 —WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: MacCoy: Staff do you have any comments before we start this thing? I'm still waiting for staff, found your place yet? MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 54 Stiles: Unfortunately, I didn't have most of my comments, copies in my packet, so bear with me. Bruce and I reviewed this project, the property is located in an area shown as single family residential on the Meridian Comprehensive Plan. The parcel is immediately south of the Carol Subdivision and west of Eagle Road, approximately a half mile north of Fairview. The legal description was accurate. The site that they are proposing, currently has no legal frontage. There is no public road access. They would need to coordinate with Idaho Transportation Department for that access and to provide easements for access and for extension of utilities. It's proposed that they get their sewer and water would be from easements through what is called the Packard Subdivision. It's kitty corner from this site to the south and west of the property. That project is a little behind schedule, hopefully those easement considerations are taking place right now. There is for Packard Subdivision #1 there is a lift station that is being built near the south slough that is designed to serve this piece if the trunk line sewer is not extended prior to the construction of this school. There is a ditch that runs along the south boundary that would need to be tiled. I'm not aware of any ditches that are on the rest of the site. Particular attention would need to be paid to the site plan that they propose to make sure that consideration was given to that adjacent neighborhood, understand the gentleman that sold the property to the school district, John Barnes, lives in that subdivision and I would hope that he would be very cognizant of the need to coordinate any site plan with the needs of that neighborhood. MacCoy: Anything from you Bruce? Freckleton: Mr. Chairman, members of the commission. Maybe just to expand a little bit on the sewer and water serviceability of this site. As Shari stated, sewer service for this site would be coming through Packard Subdivision, provision was made in the early stages of that development and the preliminary plat, there were—a proposed route was established, there was a common lot that was set aside up in this corner for the routing of utilities. Design of the system, routing of the system, the appropriate easements all need to be coordinated. We haven't seen any design layout for the site, so it's kind of hard to know where we are going on that. That was about all. MacCoy: Thank you very much. Alright, to the public hearing now. Now open and is the representative here from the Meridian School District? KENT KROHN, 1735 FEDERAL WAY, BOISE, ID. WAS SWORN IN BY ATTORNEY. Krohn: Mr. Chairman, members of the commission, we appreciate being able to address you this evening. We have reviewed the comments and conditions proposed by staff and are in agreement with those. We are currently working with the property owner to the east and the Idaho Transportation Department for access to Eagle Road. Agreements are in place with the developer of the MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 55 Packard Subdivision on sewer and water access to the site. We have engineering design going on at present to tile the major irrigation ditch on the south property. The other things are we have no problem with, be happy to submit any questions that you might have. MacCoy: Commissioners, do you have any questions of the applicant? Borup: I have none. Krohn: Thank you. MacCoy: Just a minute, Commissioner De Weerd, do you have any? De Weerd: Not at this point. MacCoy: Commissioner Smith? Smith: Is this—does the school district typically tie in to pressurized irrigation systems? Krohn: It depends, if they are available then they have, yes. Smith: Do you anticipate that it would be on this particular project? Krohn: I don't think we've progressed quite that far yet on the development of the property. If we have a pressurized irrigation system available we would probably want to do that. We would coordinate with the Nampa/Meridian Irrigation District on that. Smith: Okay, thanks. MacCoy: Mr. Nelson? Nelson: I have no questions. MacCoy: Alright, thank you. Is there any one here who would like to comment pro or con? If not, I'm going to close the public hearing on this one. De Weerd: No, wait. Borup: I do have a question for engineer Freckleton. MacCoy: Okay, go ahead. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 56 Borup: Pertaining to—I'd never heard anybody call you that before, I thought I would try it. Sewer service to this site, is there an active sewer service through Packard at this time? Or, well—I'll start with that question. Freckleton: Commissioner Borup, members of the commission, Packard Subdivision has hit some snags. Easement negotiations going on with a property owner to the west of what was in Packard Subdivision #2 for access to the south slough sewer trunk line. Easement negotiations broke down, the developer had to fall back on an earlier plan to install a lift station and pump the sewage back up to what is Chamberlain Estates. They are in the process of building that lift station now. That was a pretty major setback to that project. Gravity sewer lines have been installed in phase one. what you see out there today, the paved street, those lines are all in, however, without the lift station in place, or the route to the trunk line, it's not an approved system today, but as I said earlier, in phase #3 of what is going to be Packard Subdivision, the sewer lines would extend on up to that northeast corner. Borup: Of the school site? Freckleton: That would be gravity flow through Packard down to the south slough. Borup: I guess my question is, if the lift station goes in, that would access the school site presently? Until the gravity flow trunk line is eventually connected? Freckleton: Yes, yes. Borup: Then there would be access through the... Freckleton: Through Packard Subdivision, (Inaudible) Borup: Through the lift station assuming that it's going—and I assume they are working very hard on that, I would think. Freckleton: They are, they are behind the ball big time. Borup: Since they've got houses built. Freckleton: Right on. I'm not sure if the school site of the pumps and that sort of consideration during the design of the station as far as the size thing. Mr. Krohn could answer, I'm not sure. Borup: I'm assuming that is something they will work out with... Freckleton: It may have to be upsized. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 57 Borup: The city engineering department and it's not going to effect what we need to do on here. Thank you. MacCoy: Anything else? De Weerd: I had a question for Shari on the site plan it's got landscape detail. Is that sufficient for you and do you have any concerns with the perimeter around the field all being the Pines. There is an awful lot of them. Stiles: Commissioner De Weerd, commissioners, I don't have any sort of site plan with this application. They hadn't applied for anything but annexation and zoning. De Weerd: Oh, yeah. Stiles: If they get zoned in the R-4 that is a permitted use in that zone, however, in talking to their representative, they stated they would have no problem coming not as a conditional use permit or anything like that but to have the site plan reviewed either by Planning and Zoning Commission or the City Council to get your input on those plans. De Weerd: So would that be a condition of zoning and annexation? Stiles: It could be. Smith: ... complaining that there is too many trees. De Weerd: No, not too many trees, but too many of one. Smith: Just wanted to clarify that. De Weerd: I wouldn't do that. MacCoy: I think evergreens are a nice tree myself. Borup: I assume they are looking at the year round. MacCoy: Yeah, I do too. De Weerd: Well, I just say that because when one gets diseased, you do have a problem with them all getting diseased and those do have some disease problems. That's why I ask. MacCoy: It really depends on what kind of Pine too, I've been dealing with the nursery people this past week on a couple of things like that. Okay, are you ready—close the public hearing now. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 58 De Weerd: Yes. MacCoy: Okay, I'm going to close the public hearing officially. Commissioners what is your desire? Smith: Mr. Chairman, I would like to make a motion that we ask the city attorney to prepare Findings of Fact and Conclusions of Law to approve this item. Nelson: Second. MacCoy: All in favor? De Weerd: I haven't voted. MacCoy: You didn't vote? De Weerd: No, I didn't. Smith: Did you want me to add your....Can I withdraw my motion? MacCoy: You withdraw your second. Smith: Yeah, I'll withdraw his second. MacCoy: You will. Nelson: If he lets me. MacCoy: Lets go back again. Smith: Mr. Chairman I would like to make a motion that we direct the city attorney to prepare Findings of Fact on this item to approve it with the condition that the applicant come back before this commission for site plan review. De Weerd: Second. MacCoy: I hear a second. Okay, she said she had a second. All in favor now? MOTION CARRIED: All ayes. ITEM NO. 14: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING — NW OF EAGLE ROAD/ 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: CZ"7�7` SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 27, 1998 Meridian Joint School District No. 2 911 Meridian Street Meridian, Idaho 83642 Re: Staff Level Approval MA -08=98 Facts and Findings: Eagle Road n/o Fairview Avenue 1?FCEIV7 N 0 V 0 2 1998 CITY OF MER.IDLkN PL.ANND;G & ZC Leatham and Krohn Architects 1735 Federal Way Boise, Idaho 83705 From RT to R-4 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone from RT to R-4 for an elementary school. The 12.21 -acre site is located west of Eagle Road and ''/i mile north of Fairview Avenue. This development is estimated to generate 600 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on September 11, 1998, and submitted to the District on September 17, 1998, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. In 1997 the District completed an access control plan for the entire Eagle Road corridor. The access control area covered in this plan included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be avoided or eliminated in the future. Therefore, this site should be provided with adequate access from the interior of the neighborhood rather than from Eagle Road. Any driveway to Eagle Road may be severely restricted or closed in the future. Only identified temporary full -access intersection's approximately 1,320 -feet and 1,980 -feet north of Fairview Avenue would be permitted. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased, and a one-way frontage road is a long range possibility. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ado. id, us D. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with additional improvements. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. The Eagle Road Access Study identified temporary full -access intersection approximately 1,320 -feet, 1,980 -feet and 2,640 -feet north of Fairview Avenue. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. Coordinate the access locations with District staff. The site should be designed to have full street access from the interior of the section. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of 5110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of MA0898. B K Page 2 data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. NIaos983K Page 3 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 337-6170. Sincerel , Sa Planni g and Development Supervisor cc: Project file Lead agency MA0898.BK Page 4 LU W 083AO 0 Q w cD �= I � - J � RT •. SUB. > G 6,.p 0 s ii ti ev-o rr — �• r 5-U r9 -'-_.v 6 S 18 -' RT 6 e�oL'C \l PROPERTY 4dcno SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 27, 1998 Meridian Joint School District No. 2 911 Meridian Street Meridian, Idaho 83642 Re: Staff Level Approval MA -08-98 Facts and Findings: Eagle Road n/o Fairview Avenue N O V 0 2 ft CITY OF MERIDUN PI.ANl MG & ZO N Leatham and Krohn Architects 1735 Federal Way Boise, Idaho 83705 From RT to R-4 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone from RT to R-4 for an elementary school. The 12.21 -acre site is located west of Eagle Road and % mile north of Fairview Avenue. This development is estimated to generate 600 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on September 11, 1998, and submitted to the District on September 17, 1998, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. In 1997 the District completed an access control plan for the entire Eagle Road corridor. The access control area covered in this plan included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be avoided or eliminated in the future. Therefore, this site should be provided with adequate access from the interior of the neighborhood rather than from Eagle Road. Any driveway to Eagle Road may be severely restricted or closed in the future. Only identified temporary full -access intersection's approximately 1,320 -feet and 1,980 -feet north of Fairview Avenue would be permitted. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased, and a one-way frontage road is a long range possibility. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail; tellus@achd,ada.id.us data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MA0898.13K Page 3 W F - RK HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD I (208) 884-5533 MEMORANDUM: October 9, 1998 To: Planning & Zoning Commission, Mayor & City Council F.FcErVEJ) From: Bruce Freckleton, Assistant to City Engineer3� 0 C T - 9 1998 Shari Stiles, P&Z Administrator � CITY OF NIERID10 Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should be considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled. per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesberry Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSDEagleRd.AZ ti P&Z Commission/Mayor & Council October 9, 1998 Page 2 5. Sanitary sewer service to the proposed site is not currently available. It has been proposed that sewer could be provided through the Packard Subdivision via the lift station being constructed for that development. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 6. Water service to the proposed site is not currently available. Service may be able to be extended through the Packard Subdivision site. Design, routing and appropriate easements need to be coordinated with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 7. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 8. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. Particular attention will need to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. 11. A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning & Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. MSDEagleRd.AZ MERIDIAN PLANNING AND ZONING MEETING: October 13 1998 APPLICANT: MERIDIAN JOINT SCHOOOL DISTRICT NO.2 ITEM NUMBER: 13 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: �� �S /1 i� CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: lic meetings shall become property of the City of Meridian. All Materials presented at pub f"177" ' ._F MERIDM NSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRA WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Pg tannin & Zoning Commission, please submit your comments and recommendations October 6 1998 to Meridian City Hall, Attn: Will Berg, city Clerk by: TRANSMITTAL DATE: Se tember 11 1998 HEARING DATE: October 1135._11998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 AGLE ROAD BETWEEN LOCATION OF PROPERTY OR PROJECT. WEST SIDE OF E FAIRVIEW & USTICK ROAD IAN SCHOOL DISTRICT _TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERID MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) UR AUOOF RECLAMATION PRELIM & F NAL) YOUR CONCISE REMARKS:— q- Iq 01 V HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 8844261 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY RON ANDERSON MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) � '-�IV�� r PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 SEP 15 1998 f"177" ' ._F MERIDM NSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRA WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Pg tannin & Zoning Commission, please submit your comments and recommendations October 6 1998 to Meridian City Hall, Attn: Will Berg, city Clerk by: TRANSMITTAL DATE: Se tember 11 1998 HEARING DATE: October 1135._11998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 AGLE ROAD BETWEEN LOCATION OF PROPERTY OR PROJECT. WEST SIDE OF E FAIRVIEW & USTICK ROAD IAN SCHOOL DISTRICT _TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERID MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) UR AUOOF RECLAMATION PRELIM & F NAL) YOUR CONCISE REMARKS:— q- Iq 01 V oHUB OF TREASURE VALLEY may" A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) ItF1� Ey L' D ! KErm BIRD SEP 17 1998 ­' `HT1 MERIDIXN LEGAL DEPARTMENT (208) 8844264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ONDEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations October 6 1998 to Meridian City Hall, Attn: Will Berg, City Clerk by: HEARING DATE: October 13 1998 TRANSMITTAL DATE: September 11, 1998 HE REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 AGLE ROAD BETWEEN LOCATION OF PROPERTY OR PROJECT. WEST SIDE OF E FAIRVIEW & USTICK ROAD CHOOL DISTRICT TAMMY DE WEERD, P2 MERIDIAN S POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, PIZ _MERIDIAN COUNTY HIGHWAY DISTRICT MARK NELSON, P/Z _ADA PLANNING ASSOCIATION BYRON SMITH, P/Z KEITH BORUP, P/Z _ADA _CENTRAL DISTRICT HEALTH MERIDIAN IRRIGATION DISTRICT ROBERT CORRIE, MAYOR NAMPA IRRIGATION DISTRICT RON ANDERSON, C/C _SETTLERS POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C ' KEITH BIRD, C/C _IDAHO U.S. WEST(PRELIM & FINAL PLAT) GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN OF RECLAMATION(PRELIM &FINAL � WATER DEPARTMENT _BUREAU SEWER DEPARTMENT , BUILDING DEPARTMENT YOUR CONCISE REMARKS: !I! 0 FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES c010 CENTRAL DISTRICT HEAL TH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division /✓NIX 4-7-10 /t) 61 ze Vv/.1-i Rezone # Conditional Use # Return to: ❑ Boise ❑ Eagle []Garden City E2�Di� Preliminary / Final / Short Plat ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ Meridian ❑ Kuna ❑ ACZ SEP 2 9 199 . CITY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 08. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system [I community water well ❑ interim sewage a central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: E] central sewage ❑ community sewage system El community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: Elfood establishment ❑ swimming pools or spas E]child care center ❑ beverage establishment ❑ grocery store Date: ❑ 14. Reviewed By: Review CDHD 10/91 rcb rev. 7197 22 September 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 • F,FcElvED 5 E P 2 4 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Annexation and Zoning of 12.21 Acres for Meridian Joint School District No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District's Stokesberry Lateral courses along the south boundary of the project. The right-of-way of the Stokesberry Lateral is 40 feet; 20 feet from the center each way. Idaho Code ucontact 42-1208--RIGHTS-OF-WAY P. �nderson or Bill Henson at T SUBJECT �6 -0663 for ADVERSE POSSESSION. The developer must approval before any encroachment or change of right-of-way occurs. SSincerely, Bill .enso , Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office -Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 September 1998 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 C�At/ OFFICE: Nampa 466-7861 �r SHOP: Nampa 466-0663 Leatham & Krohn, Architects 1735 Federal Way Boise, ID 83705 RE: Land Use Change Application for Elementary School -Eagle _Road Dear Leatham & Krohn: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If You submit a compaw or versonal check it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P . Anderson, WaterSuperintendent ot the pressure system. District concerning the installation Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Please disregard this questionnaire if you are not planning a pressure urban irrigation system. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 September 1998 Leatham & Krohn, Architects Page 2 of 2 If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, 4m'-!_ (/-� ��Otc, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Meridian Joint School District No. 2 City of Meridian enc. ** TX STATUS REPORT ** DATE TIME TO/FROM 20 10/09 15:22 1 208 336 3680 AS OF OCT 09 '98 15:23 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMDU STATUS EC --S 01'00" 002 094 OK MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engine �3� Shari Stiles, P&Z Administrator P1;1kr_ 33&-.3W0 y^DEPARTMENT V (208) 884.5511 October 9, 1998 Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should he considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should he shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesbeny lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSD1ioS1cRdAZ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, LDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engine �3� Shari Stiles, P&Z Administrator P1;1kr_ 33&-.3W0 y^DEPARTMENT V (208) 884.5511 October 9, 1998 Re: Request for Annexation and Zoning to R-4 of 12.21 Acres for an Elementary School by Meridian Joint School District No. 2 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. This application is for a parcel of land west of Eagle Road and one-half mile north of Fairview Avenue. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The site is currently landlocked with no public road access. Access to the site will have to be provided from Eagle Road with the approval of the Idaho Transportation Department. The access location also should he considerate of the residents in Carol's Subdivision to the north and should not be adjacent to their lots. Adequate pedestrian and bicycle access also needs to be provided to the site. 3. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should he shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Stokesbeny lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. 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. Wells may be used for non-domestic purposes such as landscape irrigation. MSD1ioS1cRdAZ A HUB OF TREASURE VALLEY Mayor A Gold P(we to Live ROBERT D. CORRIE Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MEREDUN, IDAHO $3642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 8874813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the MeridianPlanning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 11 1998 HEARING DATE: October 13 1998 REQUEST: ANNEXATION AND ZONING OF 12.21 ACRES BY: MERIDIAN JOINT SCHOOL DISTRICT NO. 2 EAGLE ROAD BETWEEN LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF FAIRVIEW & USTICK ROAD CHOOL DISTRICT TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN S MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) -BUREAUOOF REIPLAT)N GAS(PRELIM & FINAL CLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: School Site Meridian Joint School District No. 2 GENERAL LOCATION: West side of Eagle Road between Fairview & Ustick Road TYPE (RESIDENTIAL, INDUSTRIAL, COMIVIERCL4L): Commercial - Educational ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: open land PROPOSED LAND USE: Elementary School 12.21 Acres PRESENT ZONING DISTRICT: Ada County - RT Zone PROPOSED ZONING DISTRICT: Meridian -1R-1A Zone APPLICANT: Meridian Joint School District No. 2 PHONE: 888-6701 ADDRESS: 911 Meridian Street, Meridian, Idaho 83642 ENGINEER, SURVEYOR, OR PLANNER: �eatham &Krohn, Architects 336-3443 ADDRESS: 1735 Federal Way, Boise, Idaho 83705 OWNER(S) OF RECORD: Meridian Joint School District No. 2 PHONE: 888-6701 ADDRESS: 911 Meridian Street, Meridian, Idaho 83642 On this 10th day of August, in the year 1998, before me Patricia A. Duncan, a notary public, personally appeared Jim Carberry, personally Si tur pplicant known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that V executed the same. 3-a-7 -oo� 1" Leatham & Krohn A R C H I T E C T S Darrell Leatham, Architect Kent Krohn, Architect Wayne Thowless, Architect August 10, 1998 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Ph. 888-4433 Project: Application for Annexation Meridian Joint School District No. 2 Applicant: Meridian Joint School District No. 2 911 Meridian Street Meridian, Idaho 83642 Ph. 888-6701 Fax. 888-6700 Owner of Property: Same as above Refer to attachments for the following requested items: Warranty deed, notarized request for zoning amendment, stamped legal description, zoning map, and a signed affidavit from the owner/applicant. The Meridian Joint School District No. 2 respectfully submits this application for Annexation and zoning to the City of Meridian. The property is currently open land and is located in Ada County with a RT (Rural Transitional) zoning designation. The proposed land use would be a new Meridian Elementary School with a proposed zoning designation of The property is located off of Eagle Rd between Fairview and Ustick, with the Carol's Subdivision to the North and West property lines. The Carol's subdivision is currently in the City of Meridian and would benefit greatly from a neighborhood elementary school. Meridian schools need to be located in areas where they are compatible with adjacent uses and a residential subdivision which will utilize the new facility would be the most appropriate neighbor. 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 - Fax (208) 336-3680 The City of Meridian Comprehensive Plan directly addresses the issues of site acquisition for public schools by stating that, "schools should be planned with two concerns in mind: schools should be protected from incompatible uses; and elementary and intermediate primary schools should be the focal point of community development. This site answers both of those concerns by locating an elementary school in a subdivision which will serve it and allowing new development to occur at the adjacent property lines which are currently open land. This allows for community development to occur around the school. Thank -you for considering this application and if there are any further questions please do not hesitate to contact us. Sincerely, NUJ Amber Van Ocker Leatham and Krohn, Architects Representing the Meridian Joint School District No.2 CC. Jim Carberry - Meridian School District Lot,, /�(•ti i S a< 'l •¢cJa s'; v 4 - Pias... �� I1�2 tnginae>•s suPP_'p,,:,-�:s i i Project: 11146 .^.ate: March 12, 1996 LEGAL DZ5CY.j?T:CW POP. rr.OPERTISS WEST SCHOOL PARCEL A parcel of land being a portion of the Southeast 1/4 of the Northeas_ 1/4 of Section S, T.3V., R.IE., H.M_, Ada county, Idaho; said parcel being mors particularly described as fnilaws: Beginning at the Northeast corner of said Section 5; thence alozg o -he Easterly bou;�d lino of said section, South 0436' 05" 19azt, 2,61.1._52 feet to the Southeast cozier of said SE 1/4 of the NE 1/4, said corner being mounumented with a found 'rasa cap mo_*utent : tholace along the southerly bouizdary line of said SE 1/4 of the NES 1/4, ::ort' e9°40' 37^ Nest, 372.00 f6at to the TSM PC= OF $ TMMIXG; thence eontinu ng along said Soutl-mrly boy:ndzx—j li.-e of maid os 1/4 of the NE 1/4, North 89°49, 37' West, 944.54 feet to the Southeast Corner of Lot !3 of D" z- 2 o£ Carol's Subdivision No. 2 as shown on the official plat thereof recorded in Book 39 of Plat$ at rage 3;48, is the office of the Recorder, Ada County. Idaho; thence along the Easterly line of said Carol' a Subd' vis- = b7Y. :'orth v^51,3' a v, East, 660,38 feet to a point on the Southerly boundarj line of Lot 7 of Block 2 of Carol's Subdivision as shown on the official plat thereof recorded in gook 38 of Platz at page 3164 is „he office of the Recorder, Ada county, Idaho; thence along the Southerly line of said Carol's gubai.:ision sou=h 83°+0'0o' East, 699,78 feet to a point; th=ce So,_th 00°36105'f pest, 354.16 feet to a point; thence South 09'240137w East, 105.00 feet to a *Joest; thence scuth 0036'05" West, =00.0 Beat to a point; thence South 89°40' 37" E.wt, 143 , 00 feet to a pointy thence South 00036'05" West, 2so.00 feet to the 12u4 P011M OF REGI -MING. Said describod parcel. of land contains 32.9 acres, more or leas. SUBJECT TO: All existing easements and rz-ad rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J -U -B EMIL .IE Rs, 'Inc. we GAL: cc Gang A. Lee, P.E./L.S I:\prijeece\11146\3d:1in\sahlgl.doe 96043411 ` AU CG. RECORDER gworreerGampany j- DAVID NAVARRO PIONEER TITLE COMPANY BOISE ID OFADACOUNTN PIONEER 1'(T[_.E 8151 W. Rifleman Ave i Boise, Idaho 83704 r (208) 377-17!! „ „Z P11 FEE � 8 RECORDED Ai TkC REGt1EST OF WARRANTY DEED (CORPORATE FORM) PROPERTIES WEST, INC. Iaootporadon organized and existing under the laws of the State of Idaho, with its principal office at 1401 SHORELINE DR. BOISE, ID 83702 of County of ADA , S ateofIdaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO JOINT SCHOOL DISTRICT NO. 2 grantee of 911 N. MERIDIAN RD., MERIDIAN, ID 83642 for the =in of TEN DOLLARS AND N0/100 DOLLARS, the following described trw(s) of land in ADA Co=ty, State of Idaho: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF SUBJECT TO ALL EXISTING EASEMENTS AND ROAD RIGHTS OF WAY OF RECORD. Location of above described pmperry Hoose No. Shu The officers who sign this deedhereby certify that this deed and the w=ferrePteseiated thereby was duly authorized under a molution duly adopted by the board of directors of the grantor az a lawful meeting duly held and attended by a quorum. In witness whereof, the grantorhas caused hs corporate name and seal to be hcrcunto affixed by its duly authorized officers this 22nd dray of MAY , A.D. 19 96 WES (CORPORATE NAME) PRESIDENT' Attest: SECRETARY STATE OF IDAHO , County of A , Ss. On this _ 22nd day of MAY , in the year of_1996 _, beforeme DAVI E SELLS , a notary public, per- =wly„ s known`L�`"�s” the person --who executed the ins on of said co on, and owtedged to methe same. $UV-- m tko 7 Residing at: MERID' P My Commission Expires: 10- EXHIBIT OX File Number: P146436 A PARCEL OF LAND BEING A PO ATION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 'I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTI DN, SOUTH 0 DEGREES 36'05' WEST, 2.611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4. NORTH 89 DEGREES 40'37' WEST, 37200 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY UNE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 49'37" WEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK 2 OF CAROL'S SUBDIVISION NO.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 39 OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY UNE OF SAID CAROL'S SUBDIVISION NO.2, NORTH 0 DEGREES 19'120 EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY UNE OF LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 38 OF PLATS AT PAGE 3164 IN THE OFFlCE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY UNE OF SAID CAROL'S SUBDIVISION SOUTH 89 DEGREES 10'00" EAST, 699.78 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05• WEST, 354.16 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 105.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05' WEST, 50.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37° EAST, 143.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 250.00 FEET TO THE TRUE POINT OF BEGINNING. END OF LEGAL DESCRIPTION AFFIDAVIT Date: August 10, 1998 Purpose: Application for Annexation and Zoning City of Meridian Statement: The Meridian Joint School District No. 2 states that the property described on the attached Exhibit "A" will be posted 1 week before the public hearing on the above mention application. The posting will contain the name of the applicant, description of zoning amendment and time and date of the public hearing. The Meridian Joint School District No. 2 acting as the "Applicant" has read the contents of the above mention application and verifies that the information contained therein is true and correct. Jim Carberry Meridian Joint School District No. 2 On this 10th day o August, in the year of 1998, before me Patricia A. Duncan a notary public, personally appeared Jim Carberry, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledgtsd to me that he executed the same. My Commision Expires on EXHIBIT W File Number: P146436 A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION, SOUTH 0 DEGREES 36'05" WEST, 2,611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 40'37" WEST, 372.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 49'37" WEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK 2 OF CAROL'S SUBDIVISION NO.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 39 OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY LINE OF SAID CAROL'S SUBDIVISION NO. 2, NORTH 0 DEGREES 19'12" EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 38 OF PLATS AT PAGE 3164 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY LINE OF SAID CAROL'S SUBDIVISION SOUTH 89 DEGREES 10'00" EAST, 699.78 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 354.16 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 105.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 50.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 143.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 250.00 FEET TO THE TRUE POINT OF BEGINNING. END OF LEGAL DESCRIPTION i OU, ' 1 Cin"Is Surveyo-?Ia :,-em i i Project; Z1i46 Date : i'ia�Ca l3 , 1996 J LEGAL DESCFIPTICNI PCP. rROPERT-628 Wz87 SCHOOL PAZCEL A parcel of land bairg a portion of the Southeast 1/4 of the Northeast 1/4 of Section 8, T.387., R.lfi., H.M., Ada C=mty, Idaho; said parcel being more particularly described as fn11CWS: Beginning at the Northeast cornet of Aaid Section 5; thence along L'.%e z„►Qrly uculi Lina Of said Section, SOUth 0436' OS” Wast, 2.611-52 fret tO the Sou.the&st carnes of said SE 1/4 of the NE 1/4, said corner being mounumented with a found brass cap mon%Tm_"t: thelice along the southerly boutdary Zine of said SE 1/4 of the N8 1/4, Mart: 89'.0'37" ::eat, 372.00 feat to the TJ= POnM OF BEGINNING; thence eontir ins along said souti%e=ly bo--mda`I 1iSe of said 8z 1/4 of tae NS 1/4, North 89"49,37;"West, 944.54 feet to the Southeast corner of Lct ,'.3 of Block 2 o£ Carol's Subdivision No. 2 as shown on tha official plat thereof recorded in Book 39 of plats at rage IZ48, in ?Seas office of the R.ecerder, Ada County, tdaho; thence along the EastQxly line of said Carola s,.1bdiv4Sjor vQ. ., North 0*13'12" East, 660,36 feet to a point on the Southerly boundazy lice of Lot 7 of Block = of Carol's Subdivision as shown on the official plat thereof recorded in gook 3B or platz at page 3154 i:. Whe office of the Recorder, Ada County, Idaho; thence slang the Southerly line of said ca,roi, 9 Subdivision 3c•.:t:. 99°iv' 00' East, 699.78 feet to a point; thsnCp SCut?: 00°351051F Beat, 354.16 Peet to a point; thestce South 89°40'37" East, 105.00 feet to a po4t; thence South 00036,09" Wast, S0.00 feat to 8 point; thence South 95"W37" gwt, 143.00 feet to a pointl thence South "03C OS" West, 250.00 tees to tele TRUZ POSIiT OF $EGINNINa. Said des=rihaa. ;areal of land contains 12.02 acres, more or leas. SUBJECT TO: All existing ease^...:ata and rzad rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J -U -B MGI.1'` .r.'MS , ilia. Y A. GAL:ee Gary A. Lee, P.Z.IL.S t:\pr?]ecce\11t46\admin\sch1gi.doe REQUEST FOR ZONING AMENDMENT Date: August 10, 1998 Project: Application for Annexation and Zoning City of Meridian Applicant: Meridian Joint School District No. 2 Statement: The Meridian Joint School District No. 2, acting as owner of record on the property described on the attached Exhibit "A" , request a zoning amendment from the Ada County zoning designation of RT to the City of Meridian zoning designation of S -4L. Jim Carberry Meridian Joint School District No. 2 On this 10th day of August, in the year 1998, before me Patricia A. Duncan, a notary public, personally appeared Jim Carberry, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Icy Commission Expires on MA-lLdt- a7) -:z603 EXHIBIT'A" File Number: P146436 A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION, SOUTH 0 DEGREES 36'05" WEST, 2,611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 40'37- WEST, 372.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY UNE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 49'37- WEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK 2 OF CAROL'S SUBDIVISION NO.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 39 OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY UNE OF SAID CAROL'S SUBDIVISION NO. 2, NORTH 0 DEGREES 19'12" EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 38 OF PLATS AT PAGE 3164 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY UNE OF SAID CAROL'S SUBDIVISION SOUTH 89 DEGREES 10'00" EAST, 699.78 FEETTO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 354.16 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37- EAST, 105.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 50.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 143.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 250.00 FEET TO THE TRUE POINT OF BEGINNING. END OF LEGAL DESCRIPTION i U.Bx fb. P70 0 � nginears Surveyors i Project:; 11146 Date: march 12, 1996 LEGAL DESCRIPTICN FOR 70^PERTI2S Wr.ST 6CeiCiOL PASC$L A parcel of land beirq a Porti= of the Southeast 1/4 Of the Northeas_ 1/4 of Section S. T.337„ R.13„ H.M_, Ad& county, Idaho; $mid parcel being more particularly described as follows: IIe9inning at the Northeast corner Of said section S; thence along : ;s g=%term, boua�ma y liof said section soutkz 0'36' OS" Watt 2.611-52 feet to the Southeast co l found ar. of said SE 1/4 of the NE 1/4, said corner being mounumentsd with a fnd brasa cap monument: Liavhce along the Southerly bvuadary Zine of said SE 1/4 of the Nw 1/4, 49 37" West, 372.00 fegt to the Tmm PC= of B$GZNNnm; thence cont inu; *+g Al,onc said Southerlyb-%L-.a2x-y line o f sa-,.6d 5z 1/4 vi the NE 1/4, Worth 89 49'37"' West, 944.54 feet to the Southeavt cor ar of 7�et '-3 Cf Sla:k 2 Cf Carol's $Vbdivisien No. 2 as shown on the official plat thereof recorded in gook 39 of pats at rage 3.42, iso the office of the Recorder, Ada County. Idaho; thence along the EastQrly line of said CaLrol's S+:�d:uis:,oY No. Borth 0°�,9' 1Z`' East, 660,38 feet to a point on the Southerly boundary line of Lot 7 of Block = of Car81'd Subdivision as shown on the official plat thereof recorded in gook 38 of Platz at page 3_64 i:. the afffce of the Recvrdor, Ada County, Idaho; thence along the Southerly line of said Carol's subd_;vixion sou,h 97Dlorao" East, 699.78 feet to a point; thence SOUth 00°3£' 05" WQ4t. 354.16 feet t8 a point; thence South 89°40'37" East, 105.00 feet to a yci"t; thence South 00036.05" West, 60.o0 Beet to a point; thence South 89°40'37- ZWt, 143.00 feet to a gau�tl th43�se Sotath 90°3E'05" iv7est, 25C.00 fret to tl�e T2t? �t332�`T OF RE�171iNI:�a. Said descraws.-. ;ra:os.'� of land contaiAS 12.09 acres. more or less, SUBJECT TO; All existing ease.. is and r"..a8 riguts-of-way of record cr appearing on the above-described parcel of land. Prepared by: F" 3M CAL: cc Gary A. Lee, P.Z./L.9 t:\pr7jee-ee\1:145\aCmin\saEf.2gl.doe MA Leatham & Krohn A R C H I T E C T S Darrell Leatham, Architect Kent Krohn, Architect Wayne Thowles$anuary 12, 1999 City of Meridian Planning and Zoning 33 East Idaho Street Meridian, Idaho 83642 Attn: Shari Stiles Project: Meridian Joint School District No. 2 Elementary School — Whitestone Subdivision Mrs. Stiles, RFJC1ErVE]) JAN 15 1999 CITY OF MERIDIAN PLANNING & ZONING As you are aware the Meridian Joint School District is planning a new elementary school on Waltman Street adjacent to the Whitestone Subdivision. A preliminary site plan was presented to you by Stillman Anderson of Leatham and Krohn, Architects on 10/7/98 and again on 10/19/98. Various comments were made and those issues are being incorporated into the site plan for your review. It is our understanding that this property has been annexed and a public school is a permitted use. It is also our understanding that aside from your final review of the site plan and conformance to your previously stated issues, the Meridian School District does not have to pursue any additional applications with the Meridian Planning Department. If this is not accurate, would you please inform me of our responsibilities and what is required. I am currently finalizing the site plan and will contact you soon to set up an appointment for your review. Thank -you for your attention to this project and if there are any questions please contact me. ncerely, Amber Van Ocker Leatham and Krohn, Architects 1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax (208) 336-3680