HomeMy WebLinkAboutMeridian Joint School District #2 CZCC
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CERTIFICATE OF ZONING COMPLIANCE*
Date: April 19 1999
Owner: Meridian Joint Sc
Proposed Use: Mi,
Zoning: T_ E
Comments: No sir
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*Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other
departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department,
affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire
one (1) year from the date of issuance if work has not begun,
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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=6100
Dave Bivens, Commissioner
Fax (208) 387-6391
Susan S. Eastlake, Commissioner
e-mail: tellus@achd.ada.id.us
April 15, 1999
City of Meridian
attn: Shari Stiles
33 E.Idaho
Meridian, Idaho 83642
RE: MSPR-12-99H E.Pine w/o Cloverdale /New Middle School
PLANS ACCEPTANCE
The District has reviewed the plans for the above referenced project, and they are accepted for public
street construction. By stamping and signing the improvement plans, the Registered Engineer ensures
the District that the plans conform to all District policies and standards. Variances or waivers must be
specifically and previously approved by the District in writing. Acceptance of the improvement plans
by the District does not relieve the Registered Engineer of these responsibilities. The District will not
assess an impact fee for this project.
NOTE: You may consider the conditions of the Ada County Highway District to have been met.
However, occupancy is conditional upon completion of right-of-way dedication and deposit into the
Public Right -of -Way Trust Fund.
Standard Requirements:
L Utility street cuts in new pavement less than five years old are not allowed unless
approved in writing by the District.
Il. All irrigation facilities must be located outside the public right-of-way unless otherwise
approved by the District.
Iit. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match
existing improvements.
IV. 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
LS.P.W.C. and the District's, Supplemental Standard Specifications.
V. Any work in the public right-of-way requires a permit from ACHD Constriction
Services.
VL 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 387-6176.
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Planning and Development
cc: Leatham & Krohn
L
k�DA COUNTY RECORDER
ij. DAVIC NAVARRO
DEVELOPMENT AGREEMENT
1999 A 17 PH 1= 2 5
PARTIES: 1. City of Meridian
1 Joint School District No. 2
RECORDED - REQUEST OF
FEE--�:.DEPUT,Y
99060557
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of �Gvh� 1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", andeJoint:School-Distr-ictrNo.:2, hereinafter called
"DEVELOPER", whose address is 911 Meridian Road, 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. §67-651 IA, 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" or predecessor in interest has
submitted an application for annexation and zoning of the
"Property"described in Exhibit A, and has requested a
designation of TE, -Technical District, (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, "Developer" or predecessor in interest made
representations at the public hearings both before the
Meridian Planning SL Zoning Commission and before the
Meridian City Council, as to how the subject "Property"
DEVELOPMENT AGREEMENT - 1
will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the 20" day of September,
199,4, has approved certain Findings of Fact and
Conclusions. of Law and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and -zoning designation;
and
1.9 "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 of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
z 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
DEVELOPMENT AGREEMENT - 2
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be..
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Joint School District
No. 2, whose address is 911 Meridian Road, Meridian,
Idaho 83642, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT - 3
5.1 "Developer" shall develop the "Property" in accordance
with the following special, conditions:
5.1.1 "Developer", in accordance with its representations
before the "City", shall, on the land described in
Exhibit "A", construct those facilities listed as
permitted uses under the Light -Industrial and
Technical District Zoning Schedule of Use Control
in the "City's" current Zoning and Development
Ordinance and agrees to be bound by any
amendments thereto.
5.1.2 "Developer" at such time as the "Developer" shall
determine to place improvements upon the subject
"Real Property" file with the City Engineer, `a
complete set of Improvement Plans showing all
streets, utilities, pressurized irrigation facilities,
sewer, water, drainage, street and other similar
signing and barricades, and other such
improvements contemplated within the subject
"Real Property", which plans and all improvements
shown thereon shall be subject to the approval of
the City Engineer. The Improvement Plan, or Plans.
supplemental thereto, shall also show the proposed
location of pressurized irrigation facilities within or
that may affect or be affected by the development.
5.1.3 "Developer" will, at his or their own expense,
construct and install all sanitary sewers, storm
drains, pumping stations, water mains and
appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission
lines, natural gas lines, telephone lines, sidewalks,
cross drains, street, street surfacing, street signs, and
barricades as well as any and all other improvements
shown on the Improvement Plans. "Developer"
shall also install telephone, electrical power, gas
lines, and television as required for the development.
5.1.4 "Developer" will construct and install all such
improvements in strict accordance with the filed and
approved Improvement Plans, and the City
DEVELOPMENT AGREEMENT - 4
Standard Engineering Drawings and Standard
Engineering Specifications current and in effect at
the time the construction of said improvements is
accomplished, or as otherwise agreed between the
"Developer" and the "City" if the standards and
specifications are more restrictive and onerous at the
time of construction than at the time of execution of
this Agreement.
5.1.5 "Developer" will provide the City Engineer with at
least fifteen (15) days advance written notification
of when and of what portion, or portions, of said
improvements he intends to complete and the time
schedule therefor; and agrees to make such
modifications and/or construct any temporary
facilities necessitated by such phased construction
work as shall be required and approved by the City
Engineer.
5.1.6 "Developer" will have "corrected" original drawings
of the Improvement Plans of all said improvements.
prepared by a Registered Professional Engineer and
will provide the "City" with said Plans or a duplicate
mylar copy of said Plans. The Improvement Plans
of the proposed improvements shall be "corrected"
to show the actual constructed location (both
horizontally and vertically) of the various water and
sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service
lines, the curb and gutter alignment and grades, etc.
The "corrected" Improvement Plans shall include a
"Certification" thereon, signed by the Registered
Professional Engineer in charge of the work, that
said Plans of the various improvements are true and
correct and that he (the Registered Professional
Engineer) has inspected the construction of the
various improvements (waterlines, sanitary sewer
lines, pressurized irrigation lines, gas lines,
electricity lines, storm drain lines, curb and gutter,
street paving, etc.) and that the materials for and
the installation of the same were all done in
conformance with the applicable City Standard
Engineering Drawings and Standard Engineering
DEVELOPMENT AGREEMENT - 5
Specifications governing the construction of these
facilities.
5.1.7 "Developer" will, immediately upon the completion
of any such constructed portion, portions, or
entirety of said development, notify the City
Engineer and request his inspection and written
acceptance of such completed improvements.
5.1.8 "Developer" agrees, that upon a finding by the City
Council, duly entered in the official minutes of the
proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need
to be completed in the interest of the health, welfare
and/or safety of the inhabitants of the "City", the
"Developer" will thereupon, within a reasonable
time, construct said needed improvements, or, if he
does not so construct within a reasonable time after
written notification of such Council action, and the
"City" thereafter determines to construct, and does
construct such improvement, or improvements, the
"Developer" will pay to the "City" the cost of such
construction, in such manner and under such terms
as the "City" shall order after conference with the
"Developer". Provided, however, the City Council
shall not make the finding set forth in this
paragraph except at a regular or special meeting of
the City Council and unless the "Developer" has
been notified in writing of the time and place of
such meeting at least fourteen (14) days prior
thereto and has been given an opportunity to be
present in person or by counsel, and to be heard on
the merits of the proposed finding.
5.1.9 "Developer" agrees that upon his, its, or their having
received written notification from the City Engineer,
that any of the requirements herein specified have
not been complied with, that the "City" shall have
the right to withhold the issuance of any Certificates
of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary
water service to any part, parcel, or portion of such
annexed area until such time as all requirements
DEVELOPMENT AGREEMENT - 6
specified herein have been complied with; provided,
however, the "Developer" shall have the right to
appear before the City Council at any regular
meeting after any Certificate of Occupancy or any
water service shall have been withheld for reasons
set forth in this paragraph, and shall -have the right
to be heard as to why such Certificate of Occupancy
should be issued or water service allowed. The
Council shall then decide whether said Certificate of
Occupancy shall be issued or water service to said
property allowed, and its decision shall be final,
except .that the rights of the parties are preserved at
w law and equity.
5.1.10 "Developer" agrees that, in the event any of the
improvements required herein are not installed
within a reasonable period of time, the "City" may,
in compliance with the terms of paragraph 6.1.9
above, install the improvements and declare the
entire cost of said improvements to be immediately
due and payable and may seek to collect such sums
in the manner provided by law, or may pursue any
other remedy set forth herein or as may be available
in law or equity. In the event of such declaration,
all sums due shall bear interest at the prime interest
rate of First Security Bank of Idaho, plus five
percent (.5%) per annum, until paid.
5.1.11 "Developer" agrees that those portions of the water
main or the sanitary sewer line, for which the "City"
has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer
line extensions, increased line size or capacity, are
required because of future service needs originating
from properties not owned by "Developer" and
located within the vicinity of the subject
development; that sound planning requires
construction thereof at the present time in order to
accommodate future expansion and development.
In recognition of the cost savings which can be
accomplished by construction of such excess
capacity and/or improvements concurrently with the
facilities to be constructed for "Developer's"
DEVELOPMENT AGREEMENT - 7
purposes, and the impracticality or impossibility of
constructing such excess capacity and/or
improvements separately or at a later time,
"Developer" agrees to design and construct such
facilities subject to the "City's" agreement to enter
into a late comers .agreement to reimburse
"Developer" for a portion of the costs of such excess
capacity. "Developer" agrees to obtain three
independent bona fide bids for the performance of
such work from qualified and responsible
contractors and shall deliver copies of such bids to
the "City" prior to the commencement of such work.
Such bids shall be solicited and itemized in a
manner which allows clear and specific identification
of that portion of the construction work for which
the "City" may possibly agree to enter into a late
comers agreement. The "City's" obligation to enter
into a late comers agreement to help "Developer" to
pay for such costs shall be limited to the lowest of
such bids irrespective of whether the lowest bidder
is in fact selected by "Developer" to perform the
work.
5.1.12 "Developer" agrees that no Certificate of Occupancy
will be issued until all improvements are completed,
unless the "City" and the "Developer" have entered
into an addendum agreement stating when the
improvements will be completed in a phased
µ development; 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".
5.1.13 Tile all ditches, canals and waterways, which are to
be preserved including those that are property
boundaries or only partially located on the property
if they can be contained within a pipe size of 48
inches or less. "Developer" shall enclose the Settlers
Irrigation Canal within a pipe and shall either
enclose within a pipe or vacate 2 users irrigation
ditches:
DEVELOPMENT AGREEMENT - 8
5.1.14 Connect all water and sewer facilities within the
subject property to the municipal water and sewer
service of the City of Meridian. All water and sewer
facilities constructed or installed by "Developer" on
the subject property shall be in accordance with
plans and specifications therefor which shall be first
approved by the "City".
5.1.15 Construct streets to and within the property.
5.1.16Dedicate the necessary land from the centerline(s)
of road(s) for public right-of-way.
5.1.17 Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by
"Developer" for building permits, impact fees,
transfer fees (if applicable), development fees, or
similar fees or assessments which may be imposed
upon, or by reason of, the development of the
subject, property, based on the uses to be developed
on the subject property.
5.1.18 Meet the requirements and conditions of the
Findings of Fact and Conclusions of Law, meet the
Ordinances of the "City", comply with the
requirements of the Meridian Police Department,
Meridian Fire Department, Meridian City Engineer,
Meridian Planning Director, Ada County Highway
District, Central District Health Department,
Nampa -Meridian Irrigation District and the Settlers
Irrigation District.
5.1.19 Construct and install all landscaped areas, as shown
on plans to be submitted and approved by the
"City", with sod and pressurized irrigation system,
except as otherwise expressly noted on said
approved plans. All shrubs and trees planted on the
subject property will comply with the "City's"
landscape requirements, unless otherwise expressly
approved by the "City".
5.1.20The "Developer" shall prevent all construction
debris from migrating to adjacent properties during
DEVELOPMENT AGREEMENT - 9
construction; if the "City" determines that this
section of the Agreement is not being met, the
"City" shall order the "Developer" to erect a
temporary fence within ten (10) days of written
notification to the "Developer" to contain
construction debris.
5.1.21 Timely submit and obtain the required approval by
the "City" of all drainage and grading plans,
building plans, lighting plans, landscaping plans,
parking and other plans relating to the development
of the subject property.
5, 1'.22 "Developer" shall comply with all of the National
Electric Safety Code clearances in connection with
Idaho Power Company's 23Okv transmission line to
be located adjacent to the Eastern right-of-way of
Eagle Road upon which a portion of the subject
property borders. Buildings and other structures
under 38 feet should be setback 25 feet from the
centerline of the transmission line. Depending on a
particular building site's proximity to a transmission
pole, buildings or structures may be placed closer
than 25 feet from the centerline, however, clearances
should be reviewed by the Idaho Power
Transmission Design Department. Any buildings or
other structures (including signs, light and flag
poles) over 38 feet in height should be reviewed by
the Idaho Power Transmission Design Department.
For these structures, a setback of 35 feet from the
centerline is recommended. Any building or
structure located within 200 feet of the transmission
line centerline may need to have additional
grounding/bonding installed by the builder to
eliminate any effects of electrical induction.
Buildings or structures may require
groundingibonding by the builder at distances
greater than 200 feet depending on their size and
the amount of metal in the makeup and particularly
buildings with metal surfaces. Idaho Power
Company is available to discuss what
grounding/bonding measures may be undertaken by
DEVELOPMENT AGREEMENT - 10
the builder to eliminate the possible effects of
induction.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
S. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
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 connection with the
"Property", this Agreement may be modified or terminated
DEVELOPMENT AGREEMENT - 11
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 the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"; or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an, appropriate action at law, or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have -thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non -breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
DEVELOPMENT AGREEMENT - 12
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
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.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
DEVELOPMENT AGREEMENT - 13
DEVELOPER:
Joint School District No. 2
911 Meridian Road
Meridian, Idaho 83642
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation 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.
DEVELOPMENT AGREEMENT - 14
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
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".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council 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 - 15
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
Marilyn D. Sc g, Clerk of the Boa d
BY RESOLUTION NO.
Approved by Board of Trustees
Joint School District No. 2
June 14, 1999
Attest:
City Cleric
BY RESOLUTION NO. 237
DEVELOPMENT AGREEMENT- 16
MERIDIAN JOINT SCHOOL
DISTRICT NO. 2
B
ristine Donnell, SupeAntendent
CITY OF MERIDIAN
4aBY:
or Robert D. Corrie
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this 15th day of
June , in the year 1999, before me,
Patricia A. Duncan , a Notary Public, personally appeared
Christine Donnell and Marilyn D. Schug , known or identified to me, to be the
Superintendent and Clerk , 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.
0.11.211 off,", 44
(SEAL)_ •
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oF�•,,.
STATE OF IDAHO)
Notary Public for Idaho
Commission expires: 03/27/2003
:ss
County of Ada )
On this day of , in the year 1999, before me,
An wj- -,S1'no a Notary Public, personally appeared Robert D.
Corri 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.
()�OTAR
�" ; Notdry Pu 1ic for Idaho
p1G Commission expires:
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msg/ fil�le \IQ��Gler� •15360M\School Dist\Middle School Pine (Van Auker)\DevelopAgrSchoolDist
DEVELOPMENT AGREEMENT - 17
EXHIBIT A
Legal Description Of Property
13
DEVELOPMENT AGREEMENT - 18
I;
I
1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025
PROJECT: 549358
DATE: JANUARY 28, 1998
SCHOOL SITE
REVISED: November 18, 1998
DESCRIPTION FOR
JOINT SCHOOL DISTRICT NO.2
LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 9
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
A parcel of land being a portion of the Southeast Quarter of Section 9, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of said Southeast Quarter of
Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho;
thence along the Northerly boundary of said Southeast Quarter of Section 9, North
89010'38" East 205.14 feet to an iron pin, said iron pin being the REAL POINT OF
BEGINNING;
thence continuing along said Northerly boundary, North 89°10'38" East 652.76 feet to an
iron pin marking a point of curve ;
thence leaving said Northerly boundary and along a curve to the right 507.10 feet, said
curve having a central angle of 11°23'00", radius of 2548.00 feet, tangents of 253.94 feet and a
long chord of 505.38 feet, bearing South 74°00'04" East to an iron pin marking a point of reverse
curve;
thence along a curve to the left 0.89 feet, said curve having a central angle.of 00'01'14",
radius of 2452.00 feet, tangents of 0.45 feet and a long chord of 0.89 feet, bearing South
68017'23" East to an iron pin;
thence South 00°51'41" East 1216.91 feet to an iron pin on the Northerly right-of-way of
the Union Pacific Railroad,
thence along said Northerly right-of-way of the Union Pacific Railroad, North 89056'30"
West 652.15 feet to an iron pin;
thence continuing along said Northerly right-of-way, South 00003'30" West 50.00 feet to
an Iron pin;
549359a.doc Pacific Land Surveyors. a division of POWER Engineers, Inc., an Idaho Corporation
thence continuing along said Northerly right-of-way, North 89056'30" West 489.17 feet
to an iron pin;
thence leaving said Northerly right-of-way, North 00'39'59" West 1395.95 feet to the
point of beginning, comprising 35.09 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-
described parcel of land.
Prepared by:
PACIFIC LAND SURVEYORS
J :J
LIM
DGP:cwe Don G. Payne
549358a.doc
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 19
ORIGINAL
BEFORE THE MERIDIAN CITY COUNCIL
RONALD VAN AUCKER
ANNEXATION AND ZONING
A PORTION OF THE SW 1/4 AND THE SE /4 OF SECTION
T. 3.N., R. 1.E., BOISE, MERIDIAN, A1DA COUNTY IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
August 6, 1994, at the hour of 7:30 o'cicck p.m., that James R.
Jones representing the Petitioner appeared in person, the City
Council of the City of Meridian having duly considered the evidence
and the matter makes the following =findings of Fact and
Conclusions:
FINDINGS OF FACT
I. That a notice of a public hearinc on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for Augusz 6, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the august 6, 1994, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations;
2. That the property included in the anDi cation for
annexation and zoning is described in the aociication, and by this
reference is incorporated herein; -: at the pr-perzy -s
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE.
approximately 172 acres in size.
3. That the property is presently zoned by Ada County as M-1
Industrial and RT Rural Transition residential; that the Applicant
requests that portions of the property be zone TE Technical
District, I -L Light Industrial and C -G General Retail and Service
Commercial; that no specific use for the property was presented but
it was stated that it would be platted later.
4. The general area surrounding the property 'is used for
industrial, warehousing and agricultural uses..
5. That the property is now adjacent and abutting to the
present City limits.
6. That Ronald VanAucker is the Applicant; that Applicant
does not own all of the land; that the other owners are Oren C.
Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho
Partnership, Franklin -Eagle Joint Venture, VJ Joint Venture, and
G/D Partners, an Idaho General Partnership and they have consented
to the application and have requested this annexation and zoning
and the application is not at the request of the City of Meridian.
7. Ada County Highway District (ACRD), Gary Smith, Meridian
City Engineer, Meridian Police and Fire Departments, Shari Stiles,
Meridian planning Director, Central District Health Department,
Idaho Power and the Nampa -Meridian Irrigation District submitted
comments and such are"incorporated herein as if set forth in full.
8. Chuck Leihe of the Meridian School submitter comment at
the hearing that the School District was leokiing for a 32 acre
parcel for a school and the Aoui cant was also interested in a
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAtiv PAGE, 2
I
school in the area; that Mr. Jones �ad indicated that the applicant
had made arrangements with the School District that a middle school
.t
would be build in the area.
9. There were property owners in the area of the proposed
annexation that appeared and testified at the Plannina and Zoning
hearing to make comments on the application; that the testimony was
basically as follows:
a. Pat Nation was against the annexation because it was,
adjacent to her farm and she likes her well and the sewer
facilities that she now has and was not interested in
City service; that development in the area would
interfere with the horses that she raises; that she
wanted to be in the county and not the city and that the
annexation would not be good for her privacy or her
horses.
b. Rich Allison testified that Mr. VanAuker had been co-
operative with providing fairly, priced land for the
School and that school land would provide a buffer for
Mrs. Nation.
C. Carl Hatvani testified concerning the ditch problems that
he had had in the area.
d. Mike Shrewsberry testified that he wanted the Commission
to know that this was only an annexation and that
platting would be some time later and that there would be
no interference with agricultural practices.
that there was also testimony at the City Council hearing, which is
basically as follows:
1. James Jones, the Applicant's representative testified
about the property and showed pictures of developments
that Ron VanAucker had developed; that the land was not
in a mixed planned use area as stated in the Planning and
Zoning, Commission Findings of Fact and therefore the
conditions that are placed on land that is in a misted
planned use area should not apply to this land; he stated
that it was in an industrial Review Area; that he was as
concerned as the Cit-, was about some things that have
happened in one of the areas zoned lightndus _r al; he
proposed that i= there are uses that. the City Goes not
VADI AUK.FR FINDING -S OF FACT & CONCLUSIONS OF LAW PAGE 3
want to see built there they would stipulate that those
uses would not be built there i` it was agreeable with
them; he offered a schedule of uses that he said listed
the permitted and conditional uses in the Light
Industrial zone frolr, the current Meridian Zonina
Ordinance with a few suggested c ranges and asked the City
Council to review this and mar it as to how the Citv
would like to limit the Applicant's uses.
2. Rich Allison testified basically the wav that he did at
the PlanniHa and Zoning Rearing but added that he
supported the Applicant not raving to get conditional
USES.
'_. Ron I/ -er testifier that all of the property was not
his; that the General Service Administration was a
proposed user; that he perceived the conditional use
requirement a: unnecessary; t::at_. the conditional use
proc,-idure adds uncertainty to development, a lot of delay
in development, and the prospective tenants are not
willina to wait: he stated that all of the uses would not
necessarily be inside; that outside uses would be of
concern to the City and that they may work with the City
on the outside uses; that he would do conditions',
covenants and _restriction and would use them to protect
the City.
4. Jim Kessler testified that he was a typical tenant; that
he warted to avoid the conditional usza process.
Carmen "laves testified that 'there were too many
rec7ui_.emenUs on the appl i cation; that conditional uses
we_e a scrape coat for what is not a listed use and it is
usad to discriminate; that she cues*ioned the tili.na of
watergays; and _hat she was in favor of the Anolication.
b . Dwain Edmonds stated that he ;:ac a 15 , 'J00 cii square foot
Via'
ma ± ne siiop on five acres, that 'a conditional use would
be a bad rea;:irement.
7. John Jackson stated that he owned property to the north
of the Applicant's property ana was not part of the
Applicant's development.
8. Cornell Larsen testified that he :vas a real tor; that he
encouraged that Cit: not to use conditional uses; that
Ada County aces RCL require condi t; (-nal uses; that the
cos",: to the City LC use condit_onal uses -.vouJ.6 be very
nigh.
9. Mike C'ol'd stat ---d that ,e was Z r2 ai --state manager for
VAN AURER FINDINGS OF = AC-'' & CONCLUS-IONS OF LAW PAGE A
Ron Yankee; that Mr. Yankee was not part of the 172
acres; that he was concerned that the conditional use
recuirement would carryover to Mr. Yankee's land.
10. Chris Nelson stated that he represented "Canvass" which
owns land on Commercial Street which is north of the
subject property; that conditional use were not good.
10. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
11. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined, in the
Meridian Comorehensive Plan.
12. That the property can be physically serviced with City
water and sewer, but the sewer and water lines will have to be
extended to the property by the Applicant.
13. That Meridian has, and is, experiencing a substantial
amount of growth; that there are pressures on land previously used
for agricultural uses to be developed into residential subdivision
lots, commercial, and industrial uses.
la. That the following pertinent statements are made in the
Meridian�Comnrehensive Plan:
A. Under the LAND, GENERAL POLICIES, section commencing at
page 22, it states: Encourage a balance of land uses to
ensure that Meridian remains a desireable and self-
sufficient community; and under the INDUSTRIAL POLICIES,
it states in part as follows:
3.1 Industrial development within the urban service
planning area should receive the highest priority.
3-1 Industrial develeoment should be' encouraged to
locate adjacent to existing industrial uses.
5 Industry al areas should be loc-ted ;v� t 11n DrOXiMi7J
VAN AUKER FINDINGS OF FACT & CONCLUSIONS;. OF LAW PAGE 5
to major utility, transportation and services
facilities.
3.9 Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff.
3.10 Industrial uses should be located where adecuate
water supply and water pressure are available for
fire protection.
and under the Eastern -Eagle Road Light industrial Review
area is stated as follows:
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone.
3.17 It is the policy of the City of Meridian to
encourage and promote light industrial development
in the -Eastern Light Industrial Review Area.
B. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement
Policies, Page 19
1.1 The City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enter rises to locate in
Meridian.
1.2 It is the policy of the City of Meridian to set
aside areas where commercial and industrial
interests and activities are to dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect
the unique needs and features of each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
15. That the prooerty is included within an area designated
on the Generalized Land Use Man in the Meridian Comprehens i -re Plan
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6
as a Light Industrial; the Comprehensive Plan states at pane 17
that "There are two planned Industrial Review Areas addressed in
this Comprehensive Plan. The Eastern -Eagle Road Light Industrial
Review Area "; the Industrial Policies stated at page 24 of
the Comprehensive Plan state in part as follows:
3.11 Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Council or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.";
that the specific policies for the Eastern -Eagle Road Light
Industrial Review Area include the following:
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.16U Land uses within the Eastern -Eagle Road Light
Industrial Review area must be clean, quiet, and
free of hazardous or objectionable elements."
16. That the requested zoning of General Retail and Service
Commercial, (C -G), Technical District and Light Industrial
districts are defined in the Zoning Ordinance at 11-2-408 B. as
follows:
(C -G) General Retail and Service Commercial: The purpose of
the ( C -G ) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to dill.ill the need of travel -related atea ser'i_ces as
VAN AUhER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 7
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.
(TE) Technical District: The purpose of the (TE) District is
to permit and encourage the development of a technological
park, including research and development centers, vocational
and technical schools and compatible manufacturing, and
wholesale business establishments which are clean, quiet and
free of hazardous materials and that are operated entirely or
almost entirely within enclosed structures; to delineate an
area of adequate size to accommodate present and future
compatible needs on lands which are relatively free of
improvements, well suited for such use because of location,
topography, access and utility service potential, and
relationship to other land uses could render the district
infeasible for its intended use. The District must have
direct access on two (2) or more transportation arterials or
collectors, designed to convey large volumes of traffic
through non-residential areas
toJ major highways and
thoroughfares. It must also be in such proximity to insure
connection to the Municipal Water and Server systems of the
Citv of Meridian for domestic requirements. The district is
further designed to act as a buffer between industrial and
highway uses and other less intensive business and residential
uses, and to provide an environmentally pleasing, safe and
aesthetically pleasing employment center for the community and
the region.
(I -L) Light Industrial: The purpose of the (I -L) Light
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments
which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost
entirely within enclosed structures; to delineate areas
best suited for industrial development because of
location, topography, existing facilit4es and
relationship to other land uses. This district must also
be in such proximity to insure connection to the
Municipal water and Sewer systems of the Citv of
Meridian. Uses incompatible with light industry are not
permitted, and strip development is prohibited.
17. That in 1992 the Idaho State
Legislature passed
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE. 8
amendments to the Local Plarini.ng Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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.";
that the City of Meridian is concerned with the increase in
development that is occurring and with its impact on the'City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and business
and to those moving into the City; the City is also concerned that
the increase in commercial and industrial development is bringing
in more population and is burdening the schools of the Meridian
School District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the increase
in commercial and industrial which might locate in this annexation
would be helpful.
18. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the Cit, may impose either a
development fee or a transfer fee on residential property, -Which,
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 9
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.
19. That Section 11-9-505 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
20. That Section 11-9-005 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."
21. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
22. That Section 11-9-0605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
' 3. To play a major role in conserving area scenic and
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW SAGE 10
natural value, especially water -days, drainages and
natural habitat; l
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
23. That Section 11-9-505 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Plannina Area. The
Commission and Council shall consider the Bicvcle-Pedestrian
Design Manual for Ada County (as prepared by -Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
24. 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;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
25. That the City is in the process of amending the Zoning
Ordinance and the Subdivision and Development Ordinance; that the
present Zoning Ordinance provides for only one industrial zone
which is the Light Industrial Zone and which authorizes all
industrial uses it allowec; that one of the proposed amendments to
the Zoning Ordinance is to reorcanize the industrial uses and have
a light industrial zone and a heavy industrial zone.
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11
26. That proper notice was given as required by law and all
procedures before the City Council and City Council were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the Citv and State.
6. That the land within the proposed annexation is
conticuous to the present City limits of the City of Meridian, and
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE. 12
the annexation would not be a shoestring annexation.
7. That the annexati`6n application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls 105
Idaho 65, 665 P.D 1075 (7983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation. That the Applics.nt shall be required to
connect to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a cond 'ion of annexation the
Applicant shall be reouired to enter into a development agreement
as authorized by 11-2-416 L and 11-2-417 D; that the development
agreement shah address the inclusion into the subdivision of the
requirements of 11-9-605 C, G., H 2, K, and L.; that the
development agreement shell, as a condition of annexation, require
that the Applicant, or if, required, any assigns, heirs, executors
or personal representatives, pay, when required, any development
tee or transfer lee adopted by the Cit -7; that there shall be no
annexation until the rea i'r=--mems of this paracraoh are met or, if
77AN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 13
necessary, the property would be subject to de -annexation and loss
of City services, if the requirements of this paragraph were not
met.
10. That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not otherwise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The Applicant has not stated or represented its
intentions for development, which is of concern to the City
Council; that since the Comprehensive Plan states that the specific
policies for the Eastern -Eagle Road Light Industrial Review area
include the following:
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.160 Land uses within the Eastern -Eagle Road Light
Industrial Review area must be clean, quiet, and
free of hazardous or objectionable elements.";
therefore, it is concluded, that some means needs to be required so
that the C_tv can insure that uses lin the area are clean, quiet and
VAN AUKER FINDINGS OF r_t�,CT & CONCLUSIONS OF LAW PAGE 14
free from hazardous or objectionable elements and are in harmony
with the residential uses in the_.area; that the Zoning Ordinance,
as amended, will likely require that uses in the Light Industrial
zone be clean, quiet and free of hazardous or objectionable ;
elements; that the area is not in a mixed planned use area which
requires conditional uses.; for development, so conditional uses
should not be required as a condition of annexation and zoning;
that if the Applicant agrees -to have all development meet and
comply with the `amended Zoning Ordinance, even though it will not
be adopted until later, the property should be annexed -and zoned as
requested. If the Applicant is not agreeable .with having his
development meet with the Zoning Ordinance, as amended, conditional
uses shall be required as a condition of annexation.
13. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C -G),
Light Industrial (I -L) or as Technological District (T -E), as
requested in" the Application, but the Applicant and all property
owners must agree, prior to an annexation ordinance being passed,
that all development shall meet and comply with the amended Zoning
Ordinance, even though it will not be adopted until later.
14. That, as a condition of annexation and the zoning the
Applicant, and all property owners, shall be required to enter into
development agreements as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address, among other things,
the follo'wincg-
I. Inc iusi'on into the development of the requirements of 11 -
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1'5
3
„ ;r
2.
3.
4:
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
9-605
b. C, Pedestrian Walkways.
c. H 1, Planting Strips.
Public Sites and Open S
d. K. Lineal Open Space
.,Daces.
e' L, Pedestrian P Corridors.
and Bike
Path Ways.
Payment by the A p
heirs P. licant
executors or ir" required, an
impact, developme,�t Personal repf Sent y assigns,
City. or transfer Present,
of any
ee, adopted by the.
Addressing the
buffering, subdivision access
buf eai'g' transitional land linkage, screening,
ion services. uses, traffic
study and
`� Impact fee to help
Sit" to P acquiree
serve the area. a future school or
An Park
Park
fee, or fees
services as determined b• for park, Police,, Y the city. e , .__
and fire
Appropriate bermi.nq and landscaping_
Submission and approval of any required
Submission and light'py Plats.
a nroval of individual building
Planned Development parking, and other development
Devel develo drainage,
P t Quidelines. Plans under the
Harmonizing and integrating
the existing development.g acing the site
improvements with
Establishing
g the 35 foot landscaped
the Comprehensive Plan setback
and landscaping required
Addressing the co the same.
at the comments from the City Staff,
development.
Of annexation and zoning
or at' aPPlicable
the time of.
The sewer and water requirements.
Traffic plans and access into and4Out Of any development.
And any other items deemed necessary by the L
City Scarf.
That Section 11-2-d 17
D of t
States he Midian Zoning Ordinance
in part as follows: er
VAN AUKER FINDINGS OF FACT & COriCLUSIONS OF Ibir
PAGE 16
"If property is anneced 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. . . .";
that since the above section states that the development agreements
shall take effect upon the adoption of the ordinance annexing and
zoning the parcel and since no development agreements have been
agreed on, or even discussed, it is concluded that the development
agreements are information that the City Council needs prior to the
final action on the annexing and zoning applications, which is the
annexation ordinance; however, it has been stated that platting may
not be done for approximately eighteen months; therefore it is
concluded that the land may be annexed and zoned but the land shall
be subject to de -annexation if acceptable development agreements
are not agreed upon,, and entered into, after the annexation
ordinance is passed.
t 16. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, but it
is concluded that the property may be de -annexed if appropriate
development agreements are not agreed on and executed by the City
and the respective property owners.
17. That the requirements of the Meridian Police Department
Meridian City Engineer, Ada County- Highway District, Meridian
Planning Director, Central District Health Department, and the
Nampa & Meridian Irrigation District, shall be met and addressed. in
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17
development agreements.
18. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
,be subject to de -annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de -annexation.
19. That the Applicant and property owners shall be required
to connect to Meridian water and sewer, at their expense, and
resolve how the water and sewer mains will serve the land; that the
development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the development
agreements.
20. That these conditions shall run with the land and bind
the applicant, owners and its assigns.
21. With compliance of the conditions contained herein, the
annexation and zoning as requested in the Application would be in
the best interest of the City of Meridian.
22. That if these conditions of approval are not met by the
Applicant and the respective property owners, the property shall be
de -annexed.
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 18
4
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN YERRINGTON VOTED
COUNCILMAN CORRIE VOTED
li
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
The City Council hereby decides that the property set forth in
the application be approved for annexation and zoning under the
conditions set forth in these Findings of Fact and Conclusions of
Law, including that the Applicant and property owners enter into
development agreements or that the land be de -annexed; that if the
Applicant and owners are not agreeable with these Findings of Fact
and Conclusions and are not agreeable with entering into
development agreements, the property shall not be annexed.
MOTION:
APPROVED:
<•�
DISAPPROVED:
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19
j�EcEr�
J UN 1 1 1999
DEVELOPMENT AGREEMENT CITY OF MERID
IAN
PLANNIlVG & ZONING
PARTIES: 1. City of Meridian
2. Joint School District No. 2
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 Joint School District No. 2, hereinafter called
"DEVELOPER", whose address is 911 Meridian Road, 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" or predecessor in interest has
submitted an application for annexation and zoning of the
"Property" des crib ed in Exhibit A, and has requested a
designation of TE, -Technical District, (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, "Developer" or predecessor in interest 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"
DEVELOPMENT AGREEMENT - 1
will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning &- Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the 20`" day of September,
1994, has approved certain Findings of Fact and
Conclusions of Law and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and' zoning designation;
and
1.9 "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 of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
DEVELOPMENT AGREEMENT - 2
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terns, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Joint School District
No. 2, whose address is 911 Meridian Road, Meridian,
Idaho 83642, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
�. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT - 3
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 "Developer", in accordance with its representations
before the "City", shall, on the land described in
Exhibit "A", construct those facilities listed as
permitted uses under the Light -Industrial and
Technical District Zoning Schedule of Use Control
in the "City's" current Zoning and Development
Ordinance and agrees to be bound by any
amendments thereto.
5.1.2 "Developer" at such time as the "Developer" shall
determine to place improvements upon the subject
"Real Property" file with the City Engineer, a
complete set of Improvement Plans showing all
streets, utilities, pressurized irrigation facilities,
sewer, water, drainage, street and other similar
signing and barricades, and other such
improvements contemplated within the subject
"Real Property", which plans and all improvements
shown thereon shall be subject to the approval of
the City Engineer. The Improvement Plan, or Plans
supplemental thereto, shall also show the proposed
location of pressurized irrigation facilities within or
that may affect or be affected by the development.
5.1.3 "Developer" will, at his or their own expense,
construct and install all sanitary sewers, storm
drains, pumping stations, water mains and
appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission
lines, natural gas lines, telephone lines, sidewalks,
cross drains, street, street surfacing, street signs, and
barricades as well as any and all other improvements
shown on the Improvement Plans. "Developer"
shall also install telephone, electrical power, gas
lines, and television as required for the development.
5.1.4 "Developer" will construct and install all such
improvements in strict accordance with the filed and
approved Improvement Plans, and the City
DEVELOPMENT AGREEMENT - 4
Standard Engineering Drawings and Standard
Engineering Specifications current and in effect at
the time the construction of said improvements is
accomplished, or as otherwise agreed between the
"Developer" and the "City" if the standards and
specifications are more restrictive and onerous at the
time of construction than at the time of execution of
this Agreement.
5.1.5 "Developer" will provide the City Engineer with at
least fifteen (15) days advance written notification
of when and of what portion, or portions, of said
improvements he intends to complete and the time
schedule therefor; and agrees to make such
modificatidns and/or construct` any temporary
facilities necessitated by such phased construction
work as shall be required and approved by the City
`
Engineer.
7 _�
5.1.6 "Developer. e `wild have "corrected" original drawings
of the Improvement Plans of all said 'improvements
prepared by a Registered Professional'Engineer and
will provide the "City" with said Plans or a duplicate
mylar copy of said' Plans. The Improvement Plans
of the` proposed improvements shall be "corrected"
to show the actual constructed location (both
horizontally and vertically) of the various water and
sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service
lines,`the curb and gutter alignment and grades, etc.
The "corrected" Improvement Plans shall include a
"Certification" thereon, signed by the Registered
Professional Engineer in charge of the work, that
said Plans of the various improvements are true and
correct and that he (the Registered Professional
Engineer) has inspected the construction of the
various improvements (water lines, sanitary sewer
lines, pressurized irrigation lines, gas lines,
electricity lines, storm drain lines, curb and gutter,
street paving, etc.) and'tliat the materials for and
the installation of the sami kvere all done in
conformance with the applicable City Standard
Engineering Drawings and Standard Engineering
DEVELOPMENT AGREEMENT -'S
,d
5.1.9 "Developer" agrees'that upon his, its, or their having
received written notification from the City Engineer,
that any of the requirements herein specified have
not been complied with, that the "City" shall have
the right to withhold the issuance of any Certificates
of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary
water service to any part, parcel, or portion of such
annexed area until such time. as all requirements
DEVELOPMENT AGREEMENT - 6
Specifications governing the construction of these
facilities.
5.1.7 "Developer" will, immediately upon the completion
of any such constructed portion, portions, or
entirety of said development, notify the City
Engineer and request his inspection and written
acceptance of such completed improvements.
5.1.8 "Developer" agrees, that upon a finding by the City
Council, duly entered in the official minutes of the
proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need
to be completed in the interest of the health, welfare
and/or safety of the inhabitants of the "City", the
"Developer" will thereupon, within a reasonable
time, construct said needed improvements, or, if he
does not so construct within a reasonable time after
written notification of such Council action, and the
"City" thereafter determines to construct, and does
construct such improvement, or improvements, the
"Developer" will pay to the "City" the cost of such
construction, in such manner and under such terms
as the "City" shall order after conference with the
"Developer". Provided, however, the City Council
shall not make the finding set forth in this
paragraph except at a regular or special meeting of
the City Council and unless the "Developer" has
been notified in writing of the time and place of
such meeting at least fourteen (14) days prior
thereto and has been given an opportunity to be
present in person or by counsel, and to be heard on
the merits of the proposed finding.
5.1.9 "Developer" agrees that upon his, its, or their having
received written notification from the City Engineer,
that any of the requirements herein specified have
not been complied with, that the "City" shall have
the right to withhold the issuance of any Certificates
of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary
water service to any part, parcel, or portion of such
annexed area until such time as all requirements
DEVELOPMENT AGREEMENT - 6
specified herein have been complied with; provided,
however, the "Developer" shall have the right to
appear before the iCity Council at any regular
meeting after any Certificate of Occupancy or any
water service shall have been withheld for reasons
set forth in this paragraph, and shall have the right
to be heard as to why such Certificate of Occupancy
should be issued or water service allowed. The
Council shall then decide whether said Certificate of
Occupancy shall be issued or water service to said
property allowed, and its decision shall be final,
except that the rights of the parties are preserved at
law and equity.
5.1.10 "Developer" agrees that, in the event any of the
improvements required herein are not installed
within a reasonable period of time, -the "City" may,
in compliance with the terms of paragraph 6.1.9
above, install the improvements and declare the
entire cost of said improvements to be immediately
due and payable and may seek to collect such sums
in the manner provided by law, or may pursue any
other remedy set forth herein or as may be available
in law or equity. In the event of such declaration,
all sums due shall bear interest at the prime interest
rate of First Security Bank of Idaho, plus five
percent (5%) per annum, until paid.
5.1.11 "Developer" agrees that those portions of the water
main or the sanitary sewer line, for which the "City"
has expressly agreed to enter into a late comers.
agreement, if any, for including any water or sewer
line extensions, increased line size or capacity, are
required because of future service needs originating
from properties not owned by "Developer" and
located within the vicinity of the subject
development; that sound planning requires
construction thereof at the present time in order to
accommodate future expansion and development.
In recognition of the cost savings which can be
accomplished by construction of such excess
capacity and/or improvements concurrently with the
facilities to be constructed for "Developer's"
DEVELOPMENT AGREEMENT - 7
purposes, and the impracticality or impossibility of
constructing such excess capacity and/or
improvements separately or at a later time,
"Developer" agrees to design and construct such
facilities subject to the "City's" agreement to enter
into a late comers agreement to reimburse
"Developer" for a portion of the costs of such excess
capacity. "Developer" agrees -to obtain three
independent bona fide bids for the performance of
such work from qualified and responsible
contractors and shall deliver copies of such bids to
the "City" prior to the commencement of such work.
Such bids shall be solicited and itemized in a
manner which allows clear and specific identification
of that portion of the construction work for which
the "City" may possibly agree to enter into a late
comers agreement. The "City's" obligation to enter
into a late comers agreement to help "Developer" to
pay for such costs shall be limited to the lowest of
such bids irrespective of whether the lowest bidder
is in fact selected by "Developer" to perform the
work.
5.1.12 "Developer" agrees that no Certificate of Occupancy
will be issued until all improvements are completed,
unless the "City" and the "Developer" have entered
into an addendum agreement stating when the
improvements will be completed in a phased
development; 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".
5.1.13 Tile all ditches, canals and waterways, which are to
be preserved including those that are property
boundaries or only partially located on the property
if they can be contained within a pipe size of 48
inches or less. "Developer" shall enclose the Settlers
Irrigation Canal within a pipe and shall either
enclose within a pipe or vacate 2 users irrigation
ditches.
DEVELOPMENT AGREEMENT - 8
5.1.14 Connect all water and sewer facilities within the
subject property to the municipal water and sewer
service of the City of Meridian. All water and sewer
facilities constructed or installed by "Developer" on
the subject property shall be in accordance with
plans and specifications therefor which shall be first
approved by the "City".
5.1.15 Construct streets to and within the property.
5.1.16Dedicate the necessary land from the centerline (s)
of road(s) for public right-of-way.
5.1.17 Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by
"Developer:' for building permits, impact fees,
transfer fees (if applicable), development fees, or
similar fees or assessments which may be imposed
upon, or by reason of, the development of the
subject property, based on the uses to be developed
on the subject property.
5.1.18 Meet the requirements and conditions of the
Findings of Fact and Conclusions of Law, meet the
Ordinances of the "City", comply with the
requirements of the Meridian Police Department,
Meridian Fire Department, Meridian City Engineer,
Meridian Planning Director, Ada County Highway
District, Central District Health Department,
Nampa -Meridian Irrigation District and the Settlers
Irrigation District.
5.1.19Construct and install all landscaped areas, as shown
on plans to be submitted and approved by the
"City", with sod and pressurized irrigation system,
except as otherwise expressly noted on said
approved plans. All shrubs and trees planted on the
subject- property will comply with the "City's"
landscape requirements, unless otherwise expressly
approved by the "City".
5.1.20The "Developer" shall prevent all construction
debris from migrating to adjacent properties during
DEVELOPMENT AGREEMENT - 9
L.
construction; if the "City" determines that this
section'of the Agreement -is not :b6ng met,•the
,City"'i shall order the "Developer" to erect a
temporary fence within ten (10) days of `vritten
notification to the "Developer" to contain
' -w" _} ► construction'debrB'%CVI TO , 1
}4 ,I
5.1.21 Timely submit and1,obtaifn•the-required approval by
v%the ;`City," of all .-drainage.arnd grading plans,
r f 1 1, building;plans, lighting plans; landscaping plans, f.
�parking.and 'other.plans, relating to -the development
h of the, subject property::,
5.1.22 "Developer" shall comply with all of the National
I 5, -;T_'Nj Elecffic:Safety"Code,clearaheesl-in connection iwith
`v ' t`_,, -Idaho Power Company's 230kv transmission line to
be located adjacent to the Eastern right-of-way of
J Eagle Road ,upon'which,a-'portion,of the subject )r
property, borders: t,Buildings and other structures,
underr38 feet should be setback 25 feet from the
centerline of the transmission line. Depending on a
particular building site's,proximity to a transmission
pole, buildings or structures may be placed closer
than 25,feet,from the centerline, however" clearances
should be reviewed by the Idaho Power
Transmission Design Department. Any buildings or
other structures (including signs, light and flag-
poles)�over_,38 feet.in height should be reviewed by
the Idaho. Power Transmission Design Department.
For these structures a setback of 35 feet from the r
centerline, is, recommended. Any building or F . ,
structure located,within�,200 feet of the transmission
line centerline may need to have additional
groundingibonding installed by the builder to
eliminate any effects of electrical induction.
Buildings or structures may require
grounding1bonding by the builder at distances
greater than 200• feet depending on their size and
the amountof metal.inthe makeup and particularly
buildings with metal surfaces. Idaho Power,,
Company is available -to discuss what
groundingibonding measures, may -be undertaken by
DEVELOPMENT AGREEMENT - 10
r " el
the builder to eliminate the possible effects of
induction.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" ,as,
required by this" agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
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 connection with the
"Property", this Agreement may be modified or terminated
9
DEVELOPMENT AGREEMENT - 11 E
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 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.
4 10. 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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" 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 anv such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
DEVELOPMENT AGREEMENT - 12
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
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.
16. NOTICES: Any notice desired by the parties and/or required bv`
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
33 E. Idaho Ave.
DEVELOPMENT AGREEMENT - 13
DEVELOPER:
Joint School District No. 2
911 Meridian Road
Meridian, Idaho 83642
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly 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.
,19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in anv wav
prevent sale or alienation of the "Property", or portions thereof, except that
anv 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.
DEVELOPMENT AGREEMENT - 14
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall -be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
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".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council 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 - 15
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
MERIDIAN JOINT SCHOOL
DISTRICT NO. 2
M
Attest:
BY RESOLUTION NO.
CITY OF MERIDIAN
Mavor Robert D. Corrie
J
Attest:
City Clerk
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT - 16
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)
Notary Public for Idaho
Commission expires:_
STATE OF IDAHO)
:ss
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 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/Z:\Work\M\Meriaian 15360M\School Dist\Middle School Pine (Van Auker)\DevelopAgrSchoolDist
DEVELOPMENT AGREEMENT - 17
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the Southwest quarter and the
Southeast quarter of Section 9, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly
described as follows:
Beginning at a brass cap marking the Southwest corner of Section
9, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, Thence along the westerly boundary of said
Section 9, said boundary also being the centerline of Eagle Road,
North 00 Degrees 00'00" East 2,650.18 feet to a brass cap
marking the Northwest corner of the said Southwest quarter of
Section 9; Thence leaving said westerly boundary and centerline,
and along the northerly boundary of the said Southwest quarter
of Section 9, North 89 Degrees 10'47" East 2,635.42 feet to an
iron pin, said pin being the real point of beginning; Thence
continuing along said northerly boundary, North 89 Degrees
10'47" East 20.01 feet to a brass cap marking the Northeast
corner of the said Southwest quarter of Section 9; Thence leaving
said" northerly boundary of the Southwest quarter, and along the
northerly boundary of the said Southeast quarter' of Section 9,
North 89 Degrees 10'38" East 1109.52 feet to an iron pin;
Thence leaving said northerly boundary, South 01 Degrees 03'25"
East 1360.00 feet to an iron pin.on the Northerly right of way of
the Union Pacific Railroad; Thence along said northerly right of
way of the Union Pacific Railroad following courses and
distances; Thence North 89 Degrees 56'30" West 423.91 feet to
an iron pin; Thence South 00 Degrees 03'30" West 50.00 feet to
an iron pin; Thence North 89 Degrees 56'30" West 714.34 feet to
an iron pin; Thence leaving said northerly right of way, North 00
Degrees 39'59" West 1392.49 feet to the point of beginning.
DEVELOPMENT AGREEMENT - 18
EXHIBIT B
Findings of Fact and Conclusions` of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 19
ORIGINAL
BEFORE THE MERIDIAN CITY r-OUNCIL
RONALD VAN AUCXER
ANNEXATION AND ZONING
A PORTION OF THE SW 1/4 AND THE SE 1-14 OF SECTION 9,
T. 3.N. R. 1.E., BOISc MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
Auqust 6, 1994, at the hour of 7:30 o'clock p.m., that James R.
Jones representing the Petitioner appeared in person, the City
Council of the City of Meridian having duly considered the evidence
and the matter makes the following Findings of Fact and
Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecuz_ve weeks prior to the
said public hearing scheduled for Auaus` 6, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the August 6, 1994, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all not-ces were available to
newspaper, radio and television stations;
2. That the property included in the aDD!_cat-Lon fer
annexation and zoning is described in the a-oci cat=on, and by this
reference Is incor ;aruted herein; _::at the pr:Dper-y -s
77AN AUKER FINDI_IGS OF FACT & CONCLUSIONS OF LAtid PAGE
approximately 172 acres in size.
3. That the propert,7 is presently zoned by Ada Ccunt_r as M-1
Industrial and RT Rural Transition residential; that the Applicant
requests that portions of the property be zone TE Technical
District, I-L Licht Industrial and C-G General Retail and Service
Commercial; that no specific use for the property was presented but
it was stated that it would be platted later.
4. The general area surrounding the property is used for
industrial, warehousing and agricultural uses.
S. That the property is now adjacent and abutting to the
present City limits.
6. That Ronald VanAucker is the Apnlicant; that Applicant
does not own all of the land; that the other owners are Oren C.
Mayes and Carmen J. Maves, 4M Leasina/Canvest, an Idaho
Partnership, Franklin-Eagle Joint Venture, VJ Joint Venture, and
G/D Partners, an Idaho General Partnership and they have consented
to the application and have requested this annexation and zoning
and the aQulication is not at the request of the City of Meridian.
7. Ada County Highway District (ACRD), Gary Smith, Meridian
City Engineer, Meridian Police and Fire Departments, Shari Stiles,
Meridian planning Director, Central District Health Department,
Idaho Power and the Nampa-Meridian Irrigation Dist--icL submitted
comments and such are incor-orated herein as if set forth ,n Lull.
9. Chuc:c Leihe of the Meridian School ssbmittec comment at
the hearing L_.at -L-he School Di_=Lr-C= was coK_ilg for a -7-2 acre
schcol pparcel for cant was alsoi,= asted iZ' a
VAN AUKEK FINDINGS OF FACT & CONCLUSIONS OF L12- ?AGF. 2
t
x
11
i
school in the area; that Mr. Jones �ad indicated that the applicant
had made arrangements with the School District that a middle school
would be build in the area.
9,. There were property owners in the area of the proposed
annexation that appeared and testified at the Planning and Zoning
hearing to make comments on the application; that the testimony was
basically as follows:
a. Pat Nation was acrainst the annexation because it was
adjacent to her farm and she likes her well and the sewer
facilities that she now has and was not interested in
City service; that development in the area would
interfere with the horses that she raises; that she
wanted to be in the county and not the city and that the
annexation would not be good for her privacy or her
horses.
b. Rich Allison testified that Mr. VanAuker had been co-
operative with providing fairly priced land for the
School and that school land would provide a buffer for
Mrs. Nation.
c. Carl Hatvani testified concerning the ditch problems that
he had had in the area.
d. Mike Shrewsberr/ testified that he wanted the Commission
to know that this was only an annexation and that
platting would be some time later and that there would be
no interference with agricultural practices.
that there was also testimony at the City Council hearing, which is
basically as follows:
1. Jamesones, the Applicant's representative testified
about the property and showed pictures of developments
that Ron Vant?uc:cer had developed; that the land was not
in a mired planned use area as stated in the Planning and
Zoning Commission Findings of Fact and therefore the
conditions that are placed on land that is in a mined
planned use area should not apply to this land; he stated
that 1t was 1n an Industrial Review area; that he was as
csnc`rnEd as the City was about some thinas that have
i]ancene in one of the areas wed _-ant _ndllsLrial; he
Qrccosed that if "there are Uses that Jti-ie C-4---7 Goes not
VAS1 AUKFR FINDINGS OF FAC7 & CONCLUSIONS OF :jAW PAGE 3 ,
want to see built there they would stipulate that those
uszs would not be built there it it was agreeable with
thein; he offered a schedule of uses that he said listed
the permitted and conditional uses in the Light
Industrial zone from the current Meridian Zonina
Ordinance with a few suggested caanges and asked the City
Council to review this and mark it as to how the Cit-_
would like to limit the Applicant's uses.
2. Rich Allison testified basically the way that he did at
the Plarninc and Zoning Hearinc but added that he
supperted the :applicant not having to get conditional
uses.
Ron `v nAuke'- te3tif e that all of the property was not
his; that the General Service Administration was a
proposed user; that he perceived the conditional use
real.a2.rement ac unnecet sary; t af_ the conditional use
procedure adds uncertainty to development, a lot of delay
in develoament, and the prospective tenants are not
willing to wait: he stated that all of the lases would not
necessarily_ be inside; that outside uses would be of
concern to the City and that they may work with the City
on the outside uses; that he would do conditions,
covenants and restriction and would use them to protect
the City.
1. Jim Kessler testi`ied that he was a typical tenant; that
he 'aantad to avoid the conditional use process.
Carmen Maven testified that there were
C,-oo many
refjUl:=eTItt 7i.s On the application; that ccndit_onal uses
we -.e a sc aD_e Coat LOr what 1S not a listed use and it 1s
used to discr=.Lnate; that she Questioned tie ti11ncr or
water-aa:is; and that she was 1_'h -avor of the Ar.)olication.
6. Dwain Edmonds stateld that he ha= a 15,'j0O scllare foot
machine s iou on five acres, that a condo t' cnalr use would
be a dad rec::irnment.
7. John Jackson stated that he owned property to the north
of the Applicant's property ana was not part of the
Applicant's development.
g . Cornell Tarsen Les" Lied that he was a r _=l -or; that he
enccuraced that Cit': not to use conditional uses; that
da Count -7 aces nGL' rezu-. e ccndJ ; anal uses; that the
cost to the C�L7 'e "Ise condit-- onal uses -.4oll1Q be ver7,r
hicln .
O. i11 e Ford S ui:=Q that he was G manacer for
VAN A i:ER F;iJD1NG3 OF =ACT' 70iis:.LU.S _ONS OF Tnbv PAGE
Ron Yankee; that Mr. Yankee was not part of the 172
acres; that he was concerned that the conditional use
requirement would carryover to :sir. Yankee's land.
10. Chris Nelson stated that he represented "Canvass" which
owns land on Commercial Street which is north of the
subject property; that conditional use were not good.
10. That the property included in the annexation and zoning
application is within the Area of impact of the City of Meridian.
11. That the parcel of around recuested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. That the property can be physically se=iced with City
water and sewer, but the sewer and water lines will have to be
extended to the property by the Applicant.
13. That Meridian has, and is, exmeriencing a substantial
amount of growth; that there are pressures on land previously used
for agricultural uses to be developed into residential subdivision
"lots, commercial, and industrial uses.
la. That the following pertinent statements are made in the
Meridian Comnrehensive Plan:
A. Under the LAND, GENERAL POLICIES, section commencing at
page 22, it states: Encourage a balance of land uses to
ensure that Meridian remains a desireable and self-
sufficient community; and under the INDUSTRIAL POLICIES,
it states in part as follows:
3._ Industrial develcoment within the urban service
planning area should receive the hi chest pricrjtV .
InC.ustrial develcome_nt si-ould be encouraged to
locate as-acenL to e_ -- sLliiQ uses.
'-E Industria; areas should be located -,iithin proximi t-7
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5
to major
facilities.
utility, transportation and ser -rices
3.9 Industrial uses should be located where discharge
water -can- be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatmentIfaci.lity and irr_gatea lavas that receive
industrial runoff.
�< ~ac.
3.10 industrial uses should be located where adequate
water supply and water "pressure -are ava f ableGfor
fire protection.
and under the Eastern -Eagle Road Light Industrial Review
area is`stated as follows
3.15 The City "of` Meridian "shall encourLae"�' the
development, of a Technological xpal7k`and comparE'"i ble
light industrial used within ` the` proximity °of `the
Idaho Foreian Trade Zone.
3.17 1t is the policy of the City of Meridian to
encourage and promote light industrial devd1onment
in the Eastern Light' --Industrial Review Area. -fir
B. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement
s Y6
Policies, Page 19
1.1 The City of Meridian shall make ever -7 effort to
create a positive 'atmosthee which encou'rage's
industrial and commercial enterprises` to' locate in
Meridian.
1.2 It is the policy of 'the City of Meridian to set
aside areas _ where commercial and industrial
interests and activities are to dominate.
1.3 The character, `site improvements and•tv_pe or new
commercial or industrial developments should be
C harmonized with the natural environment and respect
the unique needs and features of each area. y
1.5 Strip industrial and commercial uses are not in
comoliance with the Comprehensive Plan.
13. That _he property is included Wit-hin an area desidnatea
i
on the Gener7;lizea Land Ise Man L`7_1 the Meridian ComorehensI've Plad
77AN AURER FINDIi_IGS- OF FACT & 'CONCLUSIONS OF LAW Pa G, 6'
VAN aUKER FINDINGS OF FACT & CONCLUSIONS OF LAjv PAGE 7
as a Light Industrial; the Comprehensive Plan states at page 17
that "There are two planned Industrial Review Areas addressed in
this Comprehensive Plan. The Eastern -Eagle Road Light Industrial
Review Area "; the Industrial Policies stated at page 24 of
the Comprehensive Plan state in pare as follows:
3.11 Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Council or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.";
that the specific policies for the Eastern -Eagle Road Light
Industrial Review Area include the following:
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area. -
3.16U Land uses within the Eastern -Eagle Road Light
Industrial Review. area must be clean, Quiet, and
free of hazardous or objectionable elements." '
16. That the requested zoning of General Retail and Service
Commercial, (C -G), Technical District and Light Industrial
districts are defined in the Zoning Ordinance at 11-2-408 B. as
Z
ollows:
(C -G) General Retail and Service Commercial: The purpose of
the (C--) District is to provide for commercial uses which are
customarily operated entirely Or almost entirely within a
buildina; to provide for a reV1e`.'+ Of the -impact Of proposed
ccmmercial uses which are auto and ser'T:- ce Orientea and are
ecate� in close Droxim1L'/ to major hiohwav Or arterial
sl=eets; to fulflil the need Of travel -=elated ser-i-ces as
VAN aUhER FI_•JDINGS OF FACT & CONCLUSIONS OF L.A6v PACE 7
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial develooment and
encourage clustering of commercial development.
(TE) Technical District: The purpose of the (TE) District is
to permit and encourage the development of a technological
park, including research and development centers, vocational
and technical schools and compatible manufacturing, and
wholesale business establishments which are clean, quiet and
free of hazardous materials and that are operated entirely or
almost entirely within enclosed structures; to delineate an
area of adequate size to accommodate present and future
compatible needs on lands which are relatively free of
improvements, well suited for such use because of location,
topography, access and utility service potential, and
relationship to other land uses could render the district
infeasible for its intended use. The District must have
direct access on two (2) or more transportation arterials or
collectors, -designed to convey, larQ_e volumes of traffic
through non-residential areas to major highways and
thoroughfares. It must also be in such proximity to insure
connection to the Municipal Water and Sewer systems of the
City of Meridian for domestic requirements. The district is
further desicned to act as a buffer between industrial and
highway uses and other less intensive business and residential
uses, and to provide an environmentally pleasing, safe and
aesthetically pleasing employment center for the community and
the reaion.
(I -L) Licht industrial: The purpose of the (I -L) Light
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of manufacturing and wholesale establ i shments
which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost
entireiv within enclosed structures; to delineate areas
best suited for industrial development because of
location, topograuhv, existing facilities and
relationship to other land uses. This di strict must also
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the C_tv of
Meridian. Uses lncompatlbie with light _ndusz=7 are not
permitted, and strip deveiopment is prohibited.
17, That in 1492 the Idaho State Lecisiature zassed
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF L._':6v PAGE. 8
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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
subaivision.
that the City of Meridian is concerned with the increase in
development that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to. its current residents and business
and to those moving into the City; the City is also concerned that
the increase in commercial and industrial development is brinaina
in more population and is burdening the schools of the Meri d:ian
School District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently. increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parrs and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school serV=CeS to current and future students; that the increase
in commercial and industrial which might locate in this annexation
*Mould be helpful.
1$. That pursuant to the iris t'_-uc'tion, guidance, and di_'er—t on
of the Idaho State Legislature, the City may --i-moose either a
deVelomment Lee or a transfer fee on residential prcoer='7, Jn1C 1,
VAN AUKER FINDINGS OF FACT � CONCLUSIONS OF LAW PAGE. 9
I
a
if possible, would be retroactive and apply to all lots in the
Citv, because of the imperilment 'to the health, welfare, and safety
of the citizens of the City of Meridian.
19. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of lona
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shon_ning areas;
the pedestrian easement shall be at least ten feet (10')
wide."
20. 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."
21. That Section 11-9-0605 H 2. states as follows:
"Existing natural features which add "value to residential
development and enhance the attractiveness of the community
(such �as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preser-Jed in the design of
the subdivision;"
22. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear oven
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rJghts of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from aajacent arterial streets, waterways, railroad rights of
wav or other features. As improved areas (landscaped), semi. -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear omen space corridors
serve:
1 . To preser-7e openness;
2. To interconnect part and open Space SVste__rgs .,iit in right=
of way for tr ai s, walkways, bic-isle ways; '
To play a major _o -Le in conserv_ng area scenic ana
VAN AUKER F,NDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10
natural value, especially wate=aays, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
q. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities_"
23. That Section 1'-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system,
(which is distinct and separate from the automobile) can be
provided throughout the Cit -,,r Urban Ser -rice Planning Area. The
Commission and Council shall consider the Bicvcle-Pedestrian
Design Manual for. Ada Counts (as prepared. by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
24. That 11-9-607 A, of the Subdivision Ordinance, states in
oart as follows:
"The City's policy is to encourage developers of land
development and construction projects to utilise 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;
J
A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
seen uses."
25. That the City is in the process of amending the Zoning
Ordinance and the Subdivision and Development Ordinance; that the
present Zoning Ordinance provides for only one industrial zone
which is the Light Industrial Zone and which authorizes all
industrial uses i= ailowec; that one of the proposed amendments to
the Zoning Ordinance is tz reorganize the indust_ial uses and have
a light industrial zone and a -ie-=v,7 industrial zone.
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LjA PAGE 11
0
26. That proper notice was given as required by law and all
procedures before the City Council and City Council were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Council has judged these annexation, zoning
and conditional use aoulications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 6-5, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions, existing within
the Cite and State.
6. That the land within the zrocosed annexaticn is
cont'_.guous to the present Ci t'/ 1 ' mits of the Ci -'t,,, of i•Mer=Qian , and
JAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12
the annexation would not be a shoestring annexation.
7. That the annexation application hLas been initiated by the
Applicant with the consent of the propert_.7 owner, and is not upon
the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has author_ty to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section i1-9-605 M., whica pertains to the tiling
of ditches and waterways and 11-9-606 114., which recuires
pressurized irrigation_ That the ATDmlic_�nt shall be required to
conned to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a condition of annexation the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-1116 L and 11-2-417 %; that the development
agreement shah address the inclusion into the subdivision of the
requirements of 11-9-605 C, G_, H 2, K, and L.; that the
development aereemenr shall, as a condition of annexation, reouire
than ze Applicant, or if i eauired , any a sians , heirs, executors
or personal r-epresentatives, pay, when _ :quire_^., any Cevelcoment
Lee or trans—Ler fee adopteLi by the C'ty; =hat there shall be no
anne,:atlon until the require -meats of this _paragraph ar= met Cr, if
'TAN AUKER FINDT`7GS OF FACT S COtICLUSIONS CF Lav PAGE 13
necessary, the property would be subject to de -annexation and loss
of City services, if the requirements of this paragraph were not
met.
10. That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not other -.rise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The Applicant has not stated or represented its
intentions for development, which is of concern to the City
Council; that since the Comprehensive Plan states that the specific
policies for the Eastern -Eagle Road Light Industrial Review Area
include the following:
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.16U Land uses within the Eastern -Eagle Road Light
1nQustrial Review area must be clean, queer, and
_ree of hazardous or objectionable elements.";
therefore, �'L is concluded, that some means needs to be recuired so
that the C tv Can --insure tnaz uses in the area are clean, cuiet and
VAN AUKrR FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14
free from hazardous or objectionable elements and are in harmony
with the residential uses in the area; that the Zoning Ordinance,
as amended, will likely require that uses in the Light Industrial
zone be clean, quiet and free of hazardous or objectionable
elements; that the area is not in a mixed planned use area which
requires conditional uses for development, so conditional uses
should not be required as a condition of annexation and zoning;
that if the Applicant agrees to have all development meet and
comply with the amended Zoning Ordinance, even though it will not
be adopted until later, the property should be annexed and zoned as
requested. If the Applicant is not agreeable with having his
development meet with the Zoning Ordinance, as amended, conditional
uses shall be required as a condition of annexation.
13,. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C -G),
Light Industrial (I -L) or as Technological District (T -E), as
requested in the Application, but the Applicant and all property
owners must agree, prior to an annexation ordinance being passed,
a
that all development shall meet and comply with the amended Zoning
Ordinance, even though it will not be adopted until later.
14. That, as a condition of annexation and the zoning the
Applicant, and all property owners, shall be reauired to enter into
development agreements as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address, among other Chinas,
the following -
1. Inclusion into the development of the recuirements of 11 -
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1'5
I
r. ? f 9 - 6 4 5: ' t Z,.i u... ? , rd `:oris t� � "' ' `"i ? r
..a. 'C, Pedestri=rWalkways
._,r -b 7= _ G d',s-Planting°.Sirips�-1 a
j0 c a=H, Public Sites -and OpenE Spaces.
d. i K :Lineal, Open; `Spac,._Cdrridors:
e. L,. Pedestr♦ianvand -yBike,Path Ways: 10 -1
a- : t _ 1 i x w A� Wd1C 1 cln, t ._
2-.`, r Payment -(-by, the,:Applicantp or .if ,required, any. assigns,
heirs, executors or personal representatives, of any
'- - 'iinpact.,o"development,c,.�or• transfer fee;cradopted--by,,-the;
City.
3. Addressing the subdivision access linkage, screening,
'vbuffering,dIli transit ional° land,,uses,ac-traffic , study 'rand.
recreation} services.
dti -[-I-_ :cu, no 'C7 .r' G� �.. �' {.'_,-?1_ ..7)n. 1C.
4: An impact fee to help ac Quire a future school or park
%-sites _ to, serve -the :^ area.- _ i - - _ , - _ t.J + ".
5. + 'An' 'impact .,fee, --or fees -,;.k for __r ,park, police,.. ;-and ,fire,
services as determined by the city.
6. Appropriate berrming and landscaping.
CIL 4. L4
7. Submission and approval of any required plats.
8. Submission and approval of individual building, drainage,
' 1 4 ht'd - th r d = 1 1 - th
10..
14.
ig ing,..park-i ng an o e-_. e �e_opment p ans unae_T � e,
Planned Develoo_ment auidelines.
Ir -,,z.. - a 1 " to., t..l Qii. of _ J. r• t f' . .y I r
Harmonizing and integrating the site imo_rovements with
the existing development.
Establishing the t,35 foot landscaped., setback -required
under the Comprehensive Plan rrand landscaping the same.
Addressing the comments from the City Staff, applicable
att the time_ of annexation and .zoning or at the --time -of.
development.
_
. ►.rs144
The sewer and water reuuirements.
Traffic plans and access into and out of any development.
And anv_ other items deemed necessary by the Citv Staff.
I . C . "•f`i.a v ra` 1 - ri` , . r.r :': i_ i
'115- Tlfat 'Secti on .11'-2.7-1'17.-D- of --the- Mbridi-an;Soning ,Ordinance
states i n .part ,as: _fol=lows .._
VAN AUKER FINDIINGS OF FACT & CONCLUSIONS' OF' LAW, PAGE, 16
"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. . .";
that since the above section states that the development agreements
shall take effect upon the adoption of the ordinance annexing and
zoning the parcel and since no development agreements have been
agreed on, or even discussed, it is concluded that the development
agreements are information that the City Council needs prior to the
final action on the annexing and zoning applications, which is the
annexation ordinance; however, it has been stated that platting may
not be done for approximately eighteen months; therefore it is
concluded that the land may be annexed and zoned but the land shall
be subject to de -annexation if acceptable development agreements
are not 'agreed upon, and entered into, after the annexation
ordinance is passed.
16. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, but it
is concluded that the property may be de -annexed if appropriate
development agreements are not agreed on and executed by the City
and the respective property owners.
17. That the recuirements of the Meridian Police Department
Meridian City Engineer, Ada County Highway District, Meridian
Planning Director, Central District Health Department, and the
Nampa & Meridian Irrigation District, shall be met and addressed in
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17
development agreements.
18. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de -annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de -annexation.
19. That the Applicant and property owners shall be required
to connect to Meridian water and sewer, at their expense, and
resolve how the water and sewer mains will serve the land; that the
development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the development
agreements.
2b. That these conditions shall run with the land and bind
the applicant, owners and its assigns.
21. With compliance of the conditions contained herein, the
annexation and zoning as requested in the Application would be in
the best interest of the City of Meridian.
22. That if these conditions of approval are not met by the.
Applicant and the respective property owners, the property shall be
de -annexed.
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 13
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
DECISION
VOTED
VOTED
VOTED
VOTED
VOTED
The City Council hereby decides that the property set forth in
the application be approved for annexation and zoning under the
conditions set forth in these Findings of Fact and Conclusions of
Law, including that the Applicant and property owners enter into
development agreements or that the land be de -annexed; that if the
Applicant and owners are not agreeable with these Findings of Fact
and Conclusions and are not agreeable with entering into
development agreements, the property shall not be annexed.
MOTION:
APPROVED:
DISAPPROVED:
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19
Mr
111terOfflCE' JUN 141999
MEMORANDUM G'NOFTMEIIRUN
ZONING
To: Shari Stiles
t
From: Marlene St. George`"
Subject: EXHIBIT "A" TO SCHOOL DISTRICT DEVELOPMENT AGREEMENT
Date: June 14, 1999
Shari:
Please find attached the new Exhibit "A" to the Development
Agreement for the School District (Pine / Van Auker). Please replace this with the
old Exhibit "A".
Thanks, Marlene
msg/Z:AWork\M\Meridian 15360M\School Dist\Middle School Pine (Van Auker)\StilesMemo061499
1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025
PROJECT: 549358'-,•;'
DATE:, JANUARY 28, 1998
SCHOOL SITE
REVISED: :November=18, 1998 r' ` ' ► t
DESCRIPTION FOR
JOINT SCHOOL DISTRICT NO. 2
LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 9
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
A parcel of land being a portion of the Southeast Quarter;of Section.9, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
x,
Beginning at a brass cap marking the Northwest corner of said Southeast Quarter of
Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho;
thence along the Northerly boundary`of said Southeast Quarter of Section 9, North
89010'38" East 205.14 feet to an iron pin, said iron pin being the REAL POINT OF
BEGINNING; '
thence continuing along said Northerly. boundary, North 89010'38" East 652.76 feet to an
iron pin marking a point of curve ;
thence leaving said Northerly boundary and along a curve to the right 5 07. 10 feet, said
curve having a central angle of 11°23'00", radius of 2548.00 feet, tangents of 253.94 feet and a
long chord of 505.38 feet, bearing South 74°00'04" East to an iron pin marking a point of reverse
curve;
thence along a curve to the left 0.89 feet, said curve having a central angle of 00101'14",
radius of 2452.00 feet, tangents of 0.45 feet and a long chord of 0.89 feet, bearing South
68°17'23" East to an iron pin;
thence South 00°51'41" East 1216.91 feet to an iron pin on the Northerly right-of-way of
the Union Pacific Railroad;
thence along said Northerly right-of-way of the Union Pacific Railroad, North 89°56'30"
West 652.15 feet to an iron pin;
thence continuing along said Northerly right-of-way, South 00°03'30" West 50.00 feet to
an iron pin;
549358a.doc pacific Land Surveyors. a division of POWER Engineers. Inc., an Idaho Corporation
-thence continuing along said Northerly right-of-way, North 891156'30" West 489.17 feet
to an iron pin; '
thence leaving said Northerly right-of-way, North 00°39'59" West 1395.95 feet to the
point of beginning, comprising 35.09 acres, more oeless.
SUBJECT TO:
All existing easements and road rights -6f -way of record or appearing on the above-
described parcel of land
s
t Prepared by:
PACIFIC LAND SURVEYORS
L/+
DGP:cwe Don G. Payne
549358a.doc ' r
MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999
APPLICANT: JOINT SCHOOL DISTRICT NO. 2 AGENDA ITEM NUMBER: 8
REQUEST: DEVELOPMENT AGREEMENT FOR SCHOOL ON E. PINE AVENUE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED DEVELOPMENT AGREEMENT
CITY POLICE DEPT: 6
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.
A
DEVELOPMENT AGREEMENT
C1 GF E
PARTIES: 1. City of Meridian
2. Joint School District No. 2
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 Joint School District No. 2, hereinafter called
"DEVELOPER", whose address is 911 Meridian Road, Meridian, Idaho
83642.
I. 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. §67-651 IA, 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" or predecessor in interest has
submitted an application for annexation and zoning of the
"Prop erty"des crib ed in Exhibit A, and has requested a
designation of TE,- Technical District, (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, "Developer" or predecessor in interest 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"
DEVELOPMENT AGREEMENT - 1
will be developed and ;what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning Sz 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 20`' day of September,
1994, has approved certain Findings of Fact and
Conclusions of Law and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
1.9 "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 of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
.proceedings, for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
DEVELOPMENT AGREEMENT - 2
Ordinance codified in -Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision.of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Joint School District
No. 2, whose address is 911 Meridian Road, Meridian,
Idaho 83642, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY": means and refers to that certain pafcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
. 4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only`
those uses allowed under "City"'s Zoning Ordinance.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT - 3
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1. l "Developer", in accordance with its representations
before the "City", shall, on the land described in
Exhibit "A", construct those facilities listed as
permitted uses under the Light -Industrial and
Technical District Zoning Schedule of Use Control
in the "City's" current Zoning and Development
Ordinance and agrees to be bound by any
amendments thereto.
5.1.2 "Developer" at such time as the "Developer" shall
determine to place improvements upon the subject
"Real Property" file with the City Engineer, a
complete set of Improvement -Plans showing all
streets, utilities, pressurized irrigation facilities,
sewer, water, drainage, street and other similar
signing and barricades, and other such
improvements contemplated within the subject
"Real Property", which plans and all improvements
shown thereon shall be subject to the approval of�
the City Engineer. The Improvement Plan, or Plans
supplemental thereto, shall also show the proposed
location of pressurized irrigation facilities within or
that may affect or be affected by the development.
5.1.3 "Developer" will, at his or their own expense,
construct and install all sanitary sewers, storm
drains, pumping stations, water mains and
appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission
lines, natural gas lines, telephone lines, sidewalks,
cross drains, street, street surfacing, street signs, and
barricades as well as any and all other improvements
shown on the Improvement Plans. "Developer"
shall also install telephone, electrical power, gas
lines, and television as required for the development.
5.1.4 "Developer" "rill construct and install all such
improvements in strict accordance with the filed and
approved Improvement Plans, and the City
DEVELOPMENT AGREEMENT - 4
Standard Engineering Drawings and Standard
Engineering Specifications current and in effect at
the time the construction of said improvements is
accomplished, or as otherwise agreed between the
"Developer" and the "City" if the standards and
specifications are more restrictive and onerous at the
time of construction than at the tirile of execution of
this Agreement.
5.1.5 "Developer" -vill provide the City Engineer with at
least fifteen (15) days advance written notification
of when and of what portion, or portions, of said
improvements he intends to complete and the time'
schedule therefor; and agrees to make such
modifications and/or construct any temporary
facilities necessitated by such phased construction
work as shall be required and approved by the City
Engineer.
5.1.6 "Developer" will have "corrected" original drawings
of the Improvement Plans of all said improvements
prepared by a Registered Professional Engineer and
will provide the "City" with said Plans or a duplicate
mylar copy of said Plans. The Improvement Plans
of the proposed improvements shall be "corrected"
to show the actual constructed location (both
horizontally and vertically) of the various water and
sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service
lines, the curb and gutter alignment and grades, etc.
The "corrected" Improvement Plans shall include a
"Certification" thereon, signed by the Registered
Professional Engineer in charge of the work, that
said Plans of the various improvements are true and
correct and that he (the Registered Professional
Engineer) has inspected the construction of the
various improvements (water lines, sanitary sewer
lines, pressurized irrigation lines, gas lines,
electricity lines, storm drain lines, curb and gutter,
street paving, etc.) and that the materials for and
the installation of the same were all done in
conformance with the applicable City Standard
Engineering Drawings and Standard Engineering
DEVELOPMENT AGREEMENT - 5
Specifications governing the construction of these
facilities.
5.1.7 "Developef" will, immediately upon the completion
of any such constructed portion, portions, or
entirety of said development, notify "the City
Engineer and request his inspection and written
acceptance of such completed improvements.
5.1.S "Developer" agrees, that upon a finding by the City
Council, duly entered in the official minutes of the
proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need
to be completed in the interest of the health, welfare
and/or safety of the inhabitants of the "City", the
"Developer" will thereupon, within a reasonable
time, construct said needed improvements, or, if he
does not so construct within a reasonable time after
written notification of such Council action, and the
"City" thereafter determines to construct, and does
construct such improvement, or improvements, the
"Developer" will pay to the "City" the cost of such
construction, in such manner and under such terms
as the "City" shall order after conference with the
"Developer". Provided, however, the City Council
shall not make the finding set forth in this
paragraph except at a regular or special meeting of
the City Council and unless the "Developer" has
been notified in writing of the time and place of
such meeting at least fourteen (14) days prior
thereto and has been given an opportunity to be
present in person or by counsel, and to be heard'on
the merits of the proposed finding.
5.1.9 "Developer" agrees that upon his, its, or their having
received written notification from the City Engineer,
that any of the requirements herein specified have
not been complied with, that the "City" shall have
the right to withhold the issuance of any Certificates
of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary
water service to any part, parcel, or portion of such
annexed area until such time as all requirements
DEVELOPMENT AGREEMENT - 6
specified herein have been complied with; provided,
however, the "Developer" shall have the right to
appear before the City Council at any regular
meeting after -any Certificate of Occupancy or any
water service shall have been withheld for reasons
set forth in this paragraph, and shall have the right
to be heard as to why such Certificate of Occupancy
should be issued or water service allowed. The
Council shall then decide whether said Certificate of
Occupancy shall be issued or water service to said
property allowed, and its decision shall be final,
except that the rights of the parties are preserved at
law and equity.
5.1.10 "Developer" agrees that, in the event any of the
improvements required herein are not installed
,vithin a reasonable period of time, the "City" may,
in compliance ,vith the terms of paragraph 6.1.9
above, install the improvements and declare the
entire cost of said improvements to be immediately
due and payable and may seek to collect such sums
in the manner provided by lav, or may pursue any
other remedy set forth herein or as may be available
in laNv or equity. In the event of such declaration,
all sums due shall bear interest at the prime interest
rate of First Security Bank of Idaho, plus five
percent (5%) per annum, until paid.
5, 1.11 "Developer" agrees that those portions of the water
main or the sanitary sewer line, for which the "City"
has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer
line extensions, increased line size or capacity, are
required because of future service needs originating
from properties not owned by "Developer" and
located within the vicinity of the subject
development; that sound planning requires
construction thereof at the present time in order to
.accommodate future expansion and development.
In recognition of the cost savings which can be
accomplished by construction of such excess
capacity and/or improvements` concurrently with the
facilities to be constructed for "Developer's"
DEVELOPMENT AGREEMENT - 7
purposes, and the impracticality or impossibility of
'f
constructing such excess capacity and/or
improvements separately or at a later time,
"Developer" agrees to design and construct such
facilities subject to the "City's" agreement to enter
into a late comers agreement to reimburse
"Developer" for a portion of the costs of such excess
capacity. "Developer" agrees to obtain three
independent bona fide bids for the performance of
such work from qualified and responsible
contractors and shall deliver copies of such bids to
the "City" prior to the commencement of such work.
Such bids shall be solicited and itemized in a
manner which allows clear and specific identification
of that portion of the construction work for which
the "City" may possibly agree to enter into a late
comers agreement. The "City's" obligation to enter
into a late comers agreement to help "Developer" to
pay for such costs shall be limited to the lowest of
such bids irrespective of whether the lowest bidder
is in fact selected by "Developer" to perform the
work.
5.1.12 "Developer" agrees that no Certificate of Occupancv
will be issued until all improvements are completed,
unless the "City" and the "Developer" have entered
into an.addendum agreement stating when the
improvements will be completed in a phased
development; 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".
5.1.13 Tile all ditches, canals and waterways, which are to
be preserved including those that are property
boundaries or only partially located on the property
if they can be contained within a pipe size of 48
inches or less. "Developer" shall enclose the Settlers
Irrigation Canal within a pipe and shall either
enclose within a pipe or vacate 2 users irrigation
ditches.
DEVELOPMENT AGREEMENT - 8
5.1.1=# Connect all water and sewer facilities within the
subject property to the municipal water and sewer
service of the City of Meridian. All water and sewer
facilities constructed or installed by "Developer" on
the subject property shall be in accordance with
plans and specifications therefor which shall be first
approved by< the "City". 4 f
5.1.15 Construct streets to and within the property.
5.1.16Dedicate the necessary land from the centerline(s)
of road(s) for public right-of-way.
I
5.1.1 % Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by
"Developer" for building permits, impact fees,
transfer fees -(if 'applicable), .development fees, or
similar fees or assessments which may be,imposed
upon, or by reason of, the development of the.
subject property, based on the uses to be developed
on the subject, property. F
{
5.1.18 Meet the requirements and conditions of the
Findings of Fact and Conclusions of Law, meet the .
Ordinances of the "City;', comply with the
requirements of the' Meridian .Police Department,
Meridian Fire' Department, Meridian City Engineer,
Meridian Planning Director,.Ada County Highway
District, Central District Health Department,
Nampa -Meridian Irrigation District and the Settlers
Irrigation District. ,
s
5.1.19 Construct and install all landscaped areas, as shown
oniplans to be submitted and"approved by the - ,
','City"-, with sod and pressurized irrigation, system,
except as ,otherwise expressly noted on said
approved plans., .All shrubs and trees planted on the
subject propertypwill comply with the "City's
landscape requirements, unless otherwise expressly
approved by the "City". ,
5.1.20The "Developer" shall prevent all construction
debris from migrating to adjacent properties during
DEVELOPMENT AGREEMENT - 9
construction; if the "City" determines that this
section of the Agreement is not being met, the
"City" shall order the "Developer" to erect a
temporary fence within ten (10) days of `vritten
notification to.the ."Developer" to contain
construction debris.
5.1.21 Timely submit and obtain the required approval by
the "City" of all drainage and grading plans,
building plans, lighting plans, landscaping plans,
Parking and other plans relating to the development
of the subject property.
5.1.22 "Developer" shall comply with all of the National
Electric Safety Code clearances in connection with
Idaho Power Company's 230kv transmission line to
be located adjacent to the Eastern right-of-way of
Eagle Road upon which a portion of the subject
property borders. Buildings and other structures
under 38 feet should be setback 25 feet from the
centerline of the transmission line. Depending on a
particular building site's proximity to a transmission
pole, buildings or structures may be placed closer
than 25 feet from the centerline, however, clearances
should be reviewed by the Idaho Power
Transmission Design Department. Any buildings or
other structures (including signs, light and flag
poles) over 38 feet in height should be reviewed by
the Idaho Power Transmission Design Department.
For these structures a setback of 35 feet from the
centerline is recommended, Any building or
structure located within 200 feet of the transmission
line centerline may need to have additional
grounding/ bonding installed by the builder to
eliminate any effects of electrical induction.
Buildings or structures may require
grounding/bonding by the builder at distances
greater than 200 feet depending on their size and
the amount of metal in the makeup and particularly
buildings with metal surfaces. Idaho Power
Company is available to discuss what
grounding/bonding measures may be undertaken by
DEVELOPMENT AGREEMENT - 10
the builder to eliminate the possible effects of
induction.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
S. INSPECTION: "Developer" shall, immediately upon completion
of any portion or, the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
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 connection with the
"Property", this Agreement may be modified or terminated
DEVELOPMENT AGREEMENT - 11
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 the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non -breaching party's seeking of any,
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
DEVELOPMENT AGREEMENT - 12
may be necessary to complete the curing of the same with,
diligence and continuity.
12.2 In the event the performance of any covenant to be
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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
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.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
DEVELOPMENT AGREEMENT - 13
DEVELOPER:
Joint School District No. 2
911 Meridian Road
Meridian, Idaho 83642
U
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to "the other party a written notification thereof
in accordance with _the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring'ah 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.
DEVELOPMENT AGREEMENT - 14
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
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".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council 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 - 15
ACKNOWLEDGMENTS
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
Mayor Robert D. Corrie
Attest:
City Clerk
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT - 16
u
STATE OF IDAHO)
COUNTY OF ADA)
On this
ss
day of 4
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)
Notary Public for Idaho
Commission expires:
:SS
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 15360M\School Dist\Middle School Pine (Van Auker)\DevelopAgrSchoolDist
DEVELOPMENT AGREEMENT - 17
EXHIBIT A
Legal -Description Of Property -
DEVELOPMENT AGREEMENT - 18
i I I I
l l 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fa_c (208) 379-0025
PROJECT: 549358
DATE: JANUARY 28, 1998
SCHOOL SITE
REVISED: November 18, 1998
DESCRIPTION FOR
JOINT SCHOOL DISTRICT NO.2
LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 9
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
A parcel of land being a portion of the Southeast Quarter of Section 9, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of said Southeast Quarter of
Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho;
thence along the Northerly boundary of said Southeast Quarter of Section 9, North
89010'38" East 205.14 feet to an iron pin, said iron pin being the REAL POINT OF
BEGINNING;
thence continuing along said Northerly boundary, North 89010'38" East 652.76 feet to an
iron pin marking a point of curve ;
thence leaving said Northerly boundary and along a curve to the right 507.10 feet, said
curve having a central angle of 11°23'00", radius of 2548.00 feet, tangents of 253.94 feet and a
long chord of 505.38 feet, bearing South 74000'04" East to an iron pin marking a point of reverse
curve;
thence along a curve to the left 0.89 feet, said curve having a central angle. of 00°O1' 14"
radius of 2452.00 feet, tangents of 0.45 feet and a long chord of 0.89 feet, bearing South
68'17'23" East to an iron pin:
thence South 00°51'41" East 1216.91 feet to an iron pin on the Northerly right-of-way of
the Union Pacific Railroad;
thence along said Northerly right-of-way of the Union Pacific Railroad, North 89056130"
West 652.15 feet to an iron pin;
thence continuing along said Northerly right-of-way, South 00°03'30" West 50.00 feet to
an iron pin;
549358a.doc Pacific Land Surveyors. a division of POWER Engineers, Inc., an Idaho Corporation
thence continuing along said Northerly right-of-way, North 89056'30" West 489.17 feet`
to an iron pin,
thence leaving said Northerly right-of-way, North 00°39'59" West 1395.95 feet to the
point of beginning, comprising 35.09 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-
described parcel of land.
Prepared by:
PACIFIC LAND SURVEYORS
DGP:cwe Don G. Pavne
549358a.doc
r
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 19
ORIGINAL
BEFORE THE MERIDIAN CITY COUNCIL
RONALD VAN AUCKER
ANNE:YATION AND ZONING
A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION a
T. 3.N., R. 1.E., BOISE, MERIDIAN, ADA COUNTY IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
August 6, 1994, at the hour of 7:30 o'cicck p.m., that James R.
Jones representing the Petitioner appeared in person, the City
Council of the City of Meridian having duly considered the evidence
and the matter makes the following Findings of Fact and
Conclusions :
FINDINGS OF FACT
1. That a notice cf a public hearinc on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for Augusp 6, 1994, the first
publication of which was fifteen (15) days prior to said hearinc;
that the matter was dul,t considered at the August 6, 1994, hearinc;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations;
2. That the property included 'n the app!4cation for
annexation and zoning is described in the application, and by this
reference is inCOr-�Orated herein; that the Cropert-7 LS
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LW PAGE _
approximately 172 acres in size.
3. That the property is presently zoned by Ada County as M-1
Industrial and RT Rural Transition residential; that the Acolicant
requests that portions of the property be zone TETe-c
hn_cal
District, I-L Liaht Industrial and C-G General Retail and Ser-vice
Commercial; that no specific use for the prooerty was presented but
it was stated that it would be platted later.
4. The general area surrounding the property is used for
industrial, warehousing and agricultural uses.
5. That the property is now adjacent and abutting to the
present City limits.
6. That Ronald Van ucker is the Aoolicant; that Anolicant
does not own all of the land; that the other owners are Oren C.
Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho
Partnership, Franklin-Eagle Joint Venture, Vi Joint Venture, and
G/D Partners, an Idaho General Partnership and they have consented
to the application and have requested this annexation and zoning
and the application is not at the request of the City of Meridian.
7. Ada County Highway District (ACRD), Gary Smith, Meridian
City Engineer, Meridian Police and Fire Departments, Saari Stiles,
Meridian planning Director, Central District Health Department,
Idaho Power and the Nampa-Meridian 1'r=lgation District submitted
comments and such are incorporated herein asset forth in full.
8. Chuck Le the of the Meridian Schoci submitted comment at
the hearing that the School D1SL;_Ct was 1COKina for a 32 acre
parcel for a school and the Applicant was also 4nterested _n a
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PaGE 2
i
school in the area; that Mr. Jones �ad indicated that the Applicant
s ,
had made arrangements with the School Distr_ct that a middle school
would be build in the area.
°. There were property owners in the area of the proposed
annexation that appeared and testified at the Planning and Zoning
hearing to make comments on the application; that the testimony was
basically as follows:
a. Pat Nation was against the annexation because it was
adjacent to her -farm and she likes her well and the sewer
facilities that she now has and was not interested in
City service; that development in the area would
interfere with the horses that she raises; that she
wanted to be in the county and not the city and that the
annexation would not be good for her privacy or her
horses.
b. Rich Allison testified that Mr. VanAuker had beenIco-
operative with providing fairly priced land for the
School and that school land would provide a buffer for
Mrs. Nation.
C. Carl Hatvani testified concerning the ditch problems that
he had had in the area.
d. Mike Shrewsber=,J testified that he wanted the Commission
to know that this was only an annexation and that
platting would be some time later and that there would be
no interference with agricultural practices.
that there was also testimony at the City Council hearing, which is
basically as follows:
1. James Jones, the Applicant's representative testified
about the property and showed pictures of developments
that Ron VanAucker had developed; that the land was not
in a mixed planned use area as stated in the Planning and
Zoning Commission Findings of Fact and therefore the
conditions that are placed on land that is in a mi:ced
planned use area should not apply to this land; he stated
that It was in an industrial Review Area; that he was as
concerned as the City was about some thi ncs that have
happened In one of the areas zoned j'cnt Industrial; he
Proposed that if there are uses that the C4 --,r Coes riot
VADI aUKF,R FT_IiDINGC OF FACT & CONCLUSIONS OF LAW PAGE 3
k,
wantto see built there they would stipulate that those
uses wcuid not be, built there if it was agreeable with
thein; he Offered a schedule of uses that he said listed
the permitted and conditional uses in the Light
industrial zone from the cur_ent Meridian Zonina
Ordinance with a few suggested c^anges and asked the City
Council to review this and mar it as to how the Citv
would like to limit the Applicant's uses.
2. Rich Allison testified basically the wav that he did at
the Planning and Zoning Hearinc but added that he
supported the Applicant not
U'fes. having: to get conditional
_'. Ron VanAuke*- testified that all of the property was not
his; -hat the General Service Administration was a
proposed user; that he perceived the conditional use
recTu4-ement a; unnecessary; that, the conditional use
pros<idure adds uncertainty to developlrent, a lot of delav
in development, and the prospective tenants are not
willing to wait: he stated that all of the uses would not
necessarily be inside; that outside uses would be of
concern to the City and that they maty work with the City
on the outside uses; that he would do conditions,
covenants and restriction and would use them to protect
the City.
4. Jim Kessler testified that he was a typic`1 t
:ctenant; that
he arted to avoid the conditional usa process.
Carmen m es
ay_ testif-ed that there were too many
reciui_-ements on the application; that conditional uses
we_e a scrape coat for what is not a isted use and it is
used to disc: _Lnate; that she (:,Lies
�l0ned tCi2 tiling OZ
waterways; and that SCP E? Was 1T? f3v(Dr cif the Aoollcatlon.
6. DWai 1 Edmonds Staged that he ha= a 15,,_100 sauare foot
maC'i). i rte siiop on flve acres, that a conditional- use would
be a bad rec::irement.
7. John Jackson stated that he owned property to the north
of the Applicant's property and was- not part of the
Applicant's development.
8. Corned L•arse_i test .-Eied that he was a re—altor; that he
encouraged that Cit:' not tc Use cond?ticnal uses; that
Ada Count -7 Gces ncL r?7ll1re COnCltinnal Uses; that the
cOSt to t:1e City T:o use -coIldlt'ona' UScs -aould be ver -.,r
high.
o. X11:Ce Ford stat --di that :e :aas a =?a_ e manacer for
V,n, A U K%R F INDiNGS OF _ Z_CT' _-Cl\iCLi.1S_ONS OF �,r;4v pa GF
4
Ron Yankee; that M.r'. Yankee was not part of the 172
acres; that he was concerned that the conditional use
requirement would carryover to ,4r. Yankee's land.
10. Chris Nelson stated that he represented "Canvass" which
owns land on Commercial Street which is north of the
subject property; that conditional use were not good.
10. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
11. That the parcel of ground recuested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined -in the
Meridian Comprehensive Plan.
12. That the property can be physically serviced with City
water and sewer, but the sewer and water lines will have to be
extended to the property by the Applicant.
13. That Meridian has, and is, experiencing a substantial
amount of growth; that there are pressures on land previously used
Z
or agricultural uses to be developed into residential subdivision
lots, commercial, and industrial uses.
n
la. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under the LAND, GENERAL POLICIES, section commencing at
page 22, it states: Encourage a balance of land uses to
ensure that Meridian remains a aesireabie and self -
sufficient community; and under the INDUSTRIAL, POLICIES,
it states in part as follows:
3.1 Industrial development within the urban service
planning area should receive the highest priority.
•-'_ Industrial development snout
_ d be encouraged to
locate adacent to e_tistina industrial uses.
Induszrial areas should be located ',vithi_n Drox-',n1�-7
VAN AUKER FI14DINGS OF FACT & CONCLUSIONS OF LAW PAGE 5
C
to major utility, transo_ortation and services
facilities.
3.9 Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff.
3.10 Industrial uses should be located where adecuate
water supply and water pressure are available for
fire protection.
and under the Eastern -Eagle Road Light Industrial Review
area is stated as follows:
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
i
light industrial uses within the proxmity of the
Idaho Foreign Trade -Zone.
3.17 It is the policy of the City of Meridian to
encourage and promote light industrial development
in the Eastern Light Industrial Review Area.
B. Under ECONOMIC DEVELOPMENT, Economic Development Coal
Statement
Policies, Page 19
1.1 The City of Meridian shall make every ef-fort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate -in
Meridian. p,
1.2 It is the policy of the City of Meridian to set
aside areas where commercial and industrial
interests and activities are to dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect
the unique needs and features of each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
15. That the property ,s included 1,v1th'n an area designated
on the Genera 14 Land Use Map in the Meridian Comprehensive Plan
VAN AUhER FTNDINGS OF FACT & CONCLUSIONS OF Lr:W PAGE 6
as a Light Industrial; the Comprehensive Plan states at page 17
that "There are two planned Industrial Review areas addressed in
this Comprehensive Plan. The Eastern -Eagle Road Licht Industrial
Review Area "; the Industrial Policies stated at pace 24 of
the Comprehensive Plan state in part as follows:
3.11 Zoning and development within each of the
Industrial Review Areas should be analvzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the Citv Council or designated
commissions or committee's, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.";
that the specific policies for the Eastern -Eagle Road Light
Industrial Review Area include the following:
.13.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.16U Land uses within the Eastern -Eagle Road Light
Industrial Review area must be clean, quiet, and
X
ree of hazardous or objectionable elements."
16. That the requested zoning of General Retail and Service
Commercial, (C -G), Technical District and Light Industrial
districts are defined in the Zoning Ordinance at 11-2-408 B. as
follows:
(C -G) General Retail and Service Commercial: The purpose of
the ( C -G ) District is to provide for commercial uses which are
customarily operated entirely or almost enter rely with i n a
building; to provide for a review of the impact of proposed
ccmmercial uses which are auto and Ser'TiCe Oriented and are
1CC3ted in close DrO Yim1L'I t0 :Ila jOr highway Or arterial
streets; to fllliill the need of Lravel-related ser"i_ces as
VAN AUhER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE. 7
3
well as retail sales for the transient and permanent motoring
public. all such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial develcoment and
encourage clustering of commercial development.
(TE) Technical District: The purpose of the (TE) District is
to permit and encourage the development of a technological
park, including research and development centers, vocational
and technical schools and compatible manufacturing, and
wholesale business establishments which are clean, cuiet and
free of hazardous materials and that are operated entirely or
almost entirely within enclosed structures; to delineate an
area of .adequate size to accommodate present and future
compatible needs on lands which are relatively free of
improvements, well suited for such use because of location,
topography, access and utility service potential, and
relationship to other land uses could render the district
infeasible for its intended use. The District must have
direct access on two (2) or more transportation arterials or
collectors, designed to convey large volumes of traffic
through non-residential areas to major hignways and
thoroughfares. It must also be in such proximity to insure
connection to the Municipal Water and Sewer systems of the
City=of Meridian for domestic requirements. The district is
further designed to act as a buffer between industrial and
highway uses and other less intensive business and residential
uses, and to provide an environmentally pleasing, safe and
aesthetically pleasing employment center for the community and
the region.
(I -L) Light Industrial: The purpose of the (I -L) Licht
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of manufacturing and wholesale esth
ablisments
which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost
entirely within enclosed structures; to delineate areas
best suited for industrial development because of
location, topography, existing facilities and
relationship to other land uses. This district must also
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the City of
Meridian. Uses incomoatlble with 14_ght industr') are not
permitted, and strip development is prohibited.
171. That in 1992 the Idaho State L.ecisiat:ire passed
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE, 8
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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.";
that the City of Meridian is concerned with the increase in
development that is occurring and with its impact. on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and business
and to those moving into the City; the City is also concerned that
the increase in commercial and industrial development is bringing
in more population and is burdening the schools of the Meridian
School District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the increase
in commercial and industrial which might locate in this annexation
would be helpful.
18. That pursuant to the instruction, guidance, and direction
of the Tdano Skate Legislature, the Cit -7 may lmocse e=ther a
develcoment fee or a transfer Lee on residential property. JC11C h,
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9
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.
19. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of lona
blocks may be required where necessar--,r to obtain convenient
pedestrian circulation to schools, parks or shoppi-
ng areas;
the pedestrian easement shall be at least ten feet (10')
wide."
20. 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 st-eet right
of way' or utility easement."
21. That"Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
22. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, watervrays, railroad rights of
way or other features. As improved areas (landscaped), sem.i-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corriaors
serve:
1. To preserve openness;
2. To interconnect park and open space systems wiZhLn rights
Of- way for trails, walk:aays, blcycle ways;
To play a major =oie in conser-ring area scenic and
17AN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAA RAGE 10
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods
_ part areas and
recreation facilities-"
23. That Section 1'-9-505 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
Provided throughout the Cit -,r Urban Ser -,,rice Planning Area. The
Commission and Council shall consider the Bicvcle-Pedestrian
Desian Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
2Q. That 11-9-007 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 util;`-e 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;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
25. That the' City is in the process of amending the Zoning
Ordinance and. the Subdivision and Development Ordinance; that the
present Zoning Ordinance provides for only one industrial zone
which is the Light Industrial Zone and which authorizes all
industrial uses if allowed; that one of the proposed amendments to
the Zoning Ordinance is to reorcan_ize the industr al uses and have
a lieht industrial zone and a neav-J indus%.r_al zone.
VPI AUKER FI,iDINGS OF FAC"_' & CONCLUSIODIS OF , A[v PAGE 11
I
2.6. That proper notice was cive.n as required by law and all
procedures before the_City Council and Cita Council were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of. the applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That .the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
a. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.'
5. That the Council may take judicial notice of Qovernment
ordinances, and policies,, and of actual conditions existing within
the Citv and State.
6. That the land .,ithin the proposed annexation is
cont-Qllous to the present City limits of the C4 --,,r of Meridian, and
IAN AUKER FINDINGS OF FACT.& CONCLUSIONS OF LAW PAGE 12'
the annexation would not be a shoestring=nnexation.
7. That the annexation application has been initiated by the
Aoulicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8. That since the annexation anc zoning of land is a
legislative function, the City has author_ty to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 111-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
-pressurized irrigation. That the applicant shall be required to
connect to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a condi ion of annexation the
Applicant shall be required to enter into a development agreement k
as authorized by 11-2-1116 L and 11-2-417 D; that the development
agreement shall address the inclusion into the subdivision of the
recuirements of� 11-9-605 C, G. H 2, K, and L.; that the
development agreement sii_ll, as a condition of annexation, require
that he Aoolicant, or i= reaui.red, any assigns, heirs, executors
or personal representatives, pav, when required, any development
tae or transfer fee adopted by the City; that there shall be no
annexation untl i the requ re_-ments of this paragraph are :net or, 1f
77AN AUKER FINDINGS OF FACT S CONCLUSIONS OF LAW PAGE 13
necessary, the property would be subject to de -annexation and loss
A _
of City services, if the requirements of this paragraph were not
met.
10. That the applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not other -,mise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The Applicant has not stated or represented its
intentions for development, which is of concern to the City
Council; that since the Comprehensive Plan states that the specific
policies for the Eastern -Eagle Road Light Industrial Review Asea
include the following:
3.14 The character, site improvements and type of light
industrial developments should be harmonizedwith
the residential uses in this area.
3.16U Land uses within the Eastern -Eagle Road Light
Industrial Review area must be clean, curet, and
tree of hazardous or objectionable elements.";
therefore, it is concluded, that some means needs to be required so
that the C_ty can insure that uses 1n the area are clean, glllet and
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE. 14
9-605
a.
C,
Pedestrian
Walkways.
b.
G
1, Planting
Strips.
C.
H,
Public Sites
and Open Soaces. m
d.
K,
Lineal Open
Space Corridors.
e.
L,
Pedestrian
and Bike Path Ways.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of anv
impact, development, or transfer fee, adopted by th
City. e
3. Addressing the subdivision access linkage, screening
buffering, transitional land uses, traffic study and
recreation services.
4 = An impact fee to help acQ_uire a future school or ark
sites to serve the area. p
An impact fee, or fees, for park, police, and fire
services as determined by the city.
6. appropriate berming and landscaping.
7. Submission and approval of any required plats.
8. Submission and approval of individual building, drainage,
lighting, parking, and other development plans under the
Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
the existing development.
10. Establishing the 35 foot landscaped setback required
under the Comprehensive Plan and landscaping the same.
11. Addressing the comments from the City Staff, applicable
at the time of annexation and zoning or at the time of
development.
12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14 And any other items deemed necessarrt by the City Staff.
15. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGc. 16
"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
recuired 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.
that since the above section states that the development agreements
shall take effect upon the adoption of the ordinance annexing and
zoning the parcel and since no development agreements have been
agreed on, or even discussed, it is concluded that the development
agreements are information that the City Council needs prior to the
final action an the annexing and zoning applications, which is the
annexation ordinance; however, it has been stated that platting may
not be done for approximately eighteen months; therefore it is
concluded that the land may be annexed and zoned but the land shall
be subject to de -annexation if acceptable development agreements
are not -agreed upon, and entered into, after the annexation
ordinance is passed.
16. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, but it
is concluded that the property may be de -annexed if appropriate
development agreements are not agreed on and executed by the City
and the respective property owners.
17. That the requirements of the Meridian Police Department
Meridian City Engineer, Ada County Highway District, Meridian
Planning Director, Central District Health Department, and the
Nampa & Meridian Irrigation District, shall be met and addressed in
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAw PAGE 17
development agreements.
18. That all- ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de -annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de -annexation.
19. That the Applicant and property owners shall be required
to `connect to Meridian water and sewer, at their expense, and
resolve how the water and sewer mains will serve the land; that the
development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the development
agreements.
20. That these conditions shall run with the land and bind
the applicant, owners and its assigns.
21. With compliance of the;conditions contained herein, the
annexation and zoning as requested in the Application would be in
the best interest of the City of Meridian.
22. That if these conditions of approval are not met by the
Applicant and the respective property owners, the property shall be
de -annexed.
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 18
I
R
APPROVAL, OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN YERRINGTON VOTEDO,/J�
COUNCILMAN CORRIE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
The City Council hereby decides that the property set forth in
the application be approved for annexation and zoning under the
conditions set forth in these Findings of Fact and Conclusions of
Law, including that the Applicant and property owners enter into
development agreements or that the land be de -annexed; that if'the
Applicant and owners are not agreeable with these Findings of Fact
and Conclusions and are not agreeable with entering into
development agreement's, the property shall not be annexed.
MOTION:
APPROVED:
/i
DISAPPROVED:
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW,. PAGE 19
f
.interoffice
VEM,ORANDU'M
To: Shari Stiles
From:. Marlene St. Georg
Subject: DEVELOPMENT AGREEMENTS FOR MERIDIAN MIDDLE SCHOOL /
PINE (VAN AUKER)
Date: June 9, 1999
-Shari:
Please find attached to this memo, the previous memo to you dated
June 2, 1999. This is a follow up to that memo to see if you have had a chance to
review the above two Development Agreements, and if you have any comments,
changes, etc. to either one of them?
If you could let me know the status of the above agreements, I would
appreciate it.
Thanks Shari!
n
ms9/ZAWorlc\M\Meridian 15360M\School Dist\Middle School Pine (Van Aulcer)\StilesMemo060999
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interoffice copy
MEMORANDUM
To: Shari Stiles N"I ZV
%0
From,: Wm. F. Gigay, 4oA A C3 Pvd
AgSCN
Subject: DEVELOPMENT AGREEMENTS FOR MERIDIAN MIDDLE SCHOOL
PINE (VAN AUKER)
Date: June 2, 1'999
Shari:
Please find attached DRAFTS of the Develo'pment Agreements for the
Meridian.. Middle School on Pine. I have prepared these agreements after
determining. from the Title Office the parcels, involved, and who owns them, which
explains the two Development Agreements. Both agreements -read the same except
for the legal descriptions and the name of the Developer.
The provisions of the agreement requiring action on the part of the
Developer, relative to the development, is in accordance with the action that was
taken with particular attention to the last available draft development agreement
-received by the City.on December 2, 1994. Please note, I have made'some
modifications to our new form. I have also eliminated some provisions that either
refer to existing -code sections, which the City can enforce anyway or are provisions
covered by thei standard provisions of our present form.
I have allo attached the information, pertaining to the ownership and
legal descriptions for your own review.
Please review and advise.
nsWZ:1,Wori,\M\Meridian 15360M\School DistWiddle School Pine (Van AukerAStilesMerno060299
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DEVELOPMENT AGREEMENT € ,'
t V
PARTIES: 1. City of Meridian
2. Joint School District No. 2
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 Joint School District No. 2, hereinafter called
"DEVELOPER", whose address is 911- Meridian Road, Meridian, Idaho
83642.
E - -
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
F annexation and/or re -zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"described in
Exhibit A, and has requested a designation of TE,
v Technical District, (Municipal Code of the City of
Meridian) and
1.5 WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning St
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 - 1
U
WHEREAS, record of the proceedings for the requested
annexation -and zoning designation of the subject:
.``Property" lield before`•the Planning &. Zoning
Commission, and subsequently before the City Council,
1 iC 1
ia.
k ,nclude'responses oFgov6rnmenti,subdivisions providing
services witlilii the City of Meridian-planningunsdiction,
and received further testimonyand comment; and
1:7 ., WHEREAS; City Council; the , f day of,
199 °has{aprov
, n&eerhFidinfFct and "
Conclusions"of Law"and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference
incorporated,lierem-"as'Fif'set"forth in full, -hereinafter
referr'ed'to'as (the "Findings"); andT,�i ,•� ,, , :R ;
1.8 ;WHEREAS, the `"Fiindings'.'trequiie,the "Developer enter
%into 9 develo` ment a eement beforejhe City Council
' .takes final action on annexation and zoning designation;
and r ..srtr
1.9 "DEVELOPER" deems'it-to.be in, -best, to be
co. c: d� � � & �x
+ able to enter into this Agreement-aiidrracicnowledges,that
this Agreement was entered into voluntarily and at its
• urging and requests; and
1.10. WHEREAS, "City-' requires.the i"Developer" to enter into
a development agreement rfor the, purpose of. ensuring#that
'the eTroper`ty"'isdeveloped-andithe subsequent;use of the
}� F,"Property" is in accordance with the terms and conditions r
4 . . a ..,,of this development agreement, herein being established as
f; aa"result of evidence received .by the `City" in the
i proceedings for annexation and zoning designation from
government'subdivisioris providing services within the
.planningjurisdictioh'and.from ;affected,,property owners
and to ensure annexation aM oning, designation, is in
accor'da'nce withtlie° Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629, i
' January'4' 1994,Jand'the:Zoning and'Development
t `Ordinance coclified`ih'Title:.I&, Municipal Code of the City
of Meridian.,
-DEVELOPMENT AGREEMENT - 2
A
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows: '
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a,party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing.by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "'DEVELOPER": means and refers to Joint School District
No. 2, whose address is 911 Meridian Road, Meridian,
Idaho 83642, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property,,.
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by -this reference incorporated herein as if set forth at
4 length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to. this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Section 11-2-408 B 13 Meridian City Code
which are herein specified as follows:
(TE) Technical District: The purpose of the (TE) District
is �to permit and encourage the development of a
technological park, including research and development
centers, vocational and technical schools and compatible
manufacturing, and wholesale business establishments
which are clean, quiet and free of hazardous materials and
DEVELOPMENT AGREEMENT - 3
4 1.
a
that'are operated entirely or almost entirely within
enclosed structures; to ,delineate an area of adequate size to
accommodate present and future compatible needs on
lands which are relatively free of improvements, well suited
for such use.because of location,"topography, access and
utility service potential, and relationship to other land uses
could render the district infeasible for its intended use.
The District must have direct access on two (2) orlmore
transportation arterial or collectors,' designed to convey
large volumes of traffic through non-residential areas to
-major highways and thoroughfares.' It must also be in such
proximity to insure connection'to the Municipal Water
and Sewer systems of the City of Meridian for domestic
requirements. The district is further designed to act as a
buffer between industrial and highway uses and other less
intensive business land residential uses, and to provide an
environmentally pleasing, safe and aesthetically pleasing
employment center for. the community and the region.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT. IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for- conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
Zoning Sz Development Ordinance criteria, therein, provided, prior to, and as
a condition of, the commencement of construction of any buildings or
improvements on the "Property"',that require a conditional use permit.
6. 'CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
6.1.1 That "Developer", in accordance with its
representations before the "City", shall, on the land
described in Exhibit "A", construct those facilities
listed as permitted uses under the Light -Industrial
and Technical District Zoning Schedule' of Use
Control in the "City's" current Zoning -and
F DEVELOPMENT AGREEMENT - 4
I
Development Ordinance and agrees to be bound.byl
any amendments thereto.
6.1.2 That "Developer" at"such time as the "Developer"
shall determine to place improvements upon the
subject "Real Property" file with the City Engineer,
a complete set of Improvement Plans showing all
streets, utilities, pressurized irrigation facilities,
sewer, water, drainage, street and other similar
signing and barricades, and other such
improvements contemplated within the subject
"Real Property", which plans and all improvements
shown thereon shall be subject to the approval of
the City Engineer. The Improvement Plan, or Plans
supplemental thereto, shall also show the proposed
location of pressurized irrigation facilities within or
that may affect or be affected by the development.
* z
6.1.3 That "Developer" will, at his or their own expense,
.. construct and install all sanitary sewers, storm
drains, pumping stations, water mains and
appurtenances, fire hydrants, curbs -and gutters,
pressurized irrigation system, electrical transmission
lines, natural gas lines, telephone lines, sidewalks,
cross drains, street, street surfacing, street signs, and
barricades as}well as any and all other improvements
shown on the Improvement Plans. "Developer"
shall also install telephone, electrical power, gas
lines, and television as required for the development.
6.1.4 That "Developer" will construct and 'install all such
improvements in strict accordance with .the filed and
approved Improvement Plans, and the City
Standard Engineering Drawings and Standard
Engineering Specifications current and in effect at
the time the construction of said improvements is
accomplished, or as otherwise agreed between the
"Developer" and the "City" if -the standards and
specifications are more restrictive and onerous at the
time -of construction than at the time of execution of
°this' Agreement.
DEVELOPMENT AGREEMENT - 5
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6.1.5 That "Developer" will provide the City Engineer
with at least fifteen (15) days advance written
notification of when and of what portion, or
portions, of said improvements he intends to
complete and the time schedule therefor; and agrees
to make such modifications and/or construct any
temporary facilities necessitated by such phased
construction work as shall be required and approved
by the City Engineer.
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6. l.6 That "Developer" will have "corrected" original
drawings of the Improvement Plans of all said
improvements prepared by a Registered Professional
Engineer and will provide the "City" with said Plans
or a duplicate mylar copy of said Plans.. The
Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed
location (both horizontally and vertically) of the
various water and sewer lines; all utility lines, and
pressurized irrigation lines and their individual
building service lines, the curb and gutter alignment
and grades, etc. The "corrected" Improvement Plans
shall include a "Certification" thereon, signed by the
Registered Professional Engineer in charge of the
work, that said Plans of the various improvements
y are true and correct and that he.(the Registered
Professional Engineer) has inspected the I
construction of the various improvements (water
lines, sanitary sewer lines, pressurized irrigation
lines, gas lines, electricity lines, storm :drain, lines,
curb and gutter, street paving, etc.) and that the
materials for and the installation of the same were
all,done in conformance with the applicable City
Standard Engineering Drawings and Standard
Engineering Specifications governing the
'construction of these facilities.
6..1.7 That "Developer" will, immediately upon the
completion of any such constructed portion,
portions, or entirety of said development, notify'the
City Engineer and request his inspection and written
acceptance of such completed improvements.
DEVELOPMENT AGREEMENT - 6
4.
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6.1.8 That "Developer" agrees, that upon a finding by the
City Council, duly entered in the official minutes of
the proceedings of the City Council, that a portion,
a or portions, or the entirety of said improvements
need to be completed in the interest of the health,
welfare and/or safety of the inhabitants of the
"City", ,the "Developer" will thereupon, within a
reasonable time, construct said needed
improvements, or, if he does not so construct within
a reasonable time after written notification of such
Council action, and the "City" thereafter determines
to construct, and. does. construct. such improvement,
or improvements, the "Developer" will pay to the
"City" they cost of such construction, in such manner
and under such terms as the "City" shall order after
conference with the "Developer". Provided,
however, the City Council shall not make the
finding set forth in thi's paragraph except at a regular
or special meeting of the City Council and;unless
the. "Developer" has been notified in`writing of the
time and place of such meeting at least fourteen
(14) days prior thereto and has been given an
opportunity to be present in person or by counsel,
and to be heard on the merits of the proposed
finding.
6.1.9 That "Developer" agrees that upon his, its, or their
having received written notification from the City
Engineer, that any of the requirements herein
specified have not been complied with, that the
"City" shall have the right to withhold the issuance
of any Certificates of Occupancy within such
annexed area and/or shall have the right to withhold
the providing of culinary water service to any part,
y parcel, or portion of such annexed area until such
a time as all requirements specified herein have been R
.complied with; provided, however, the "Developer"
shall have the, right to appear before the City
Council at any regular meeting after any Certificate
of Occupancy or any water service shall have been
withheld for reasons set forth in this paragraph, and
shall have the right to be heard as to why such
Certificate of Occupancy should be issued or water
DEVELOPMENT AGREEMENT — 7
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service Allowedz jhe Council shall then ,decide
whether said Certificate of Occupancy shall be
issued or waterservice.to said property allowed, and
its, decision- shall•be final, except that the rights of
the parties are preserved -,at law and equity. 4
6.1.10 "Developer" agrees that; in the event any of the,
improvements required -herein are not installed
within a reasonable period, of time, the �"City" may;
in compliance with the terms of iparagraph 6.L-9
above, install the improvements and declare_ the
entire cost of said improvements to be immediately
due and payable and may seek to collect such sums
in the manner provided by law, or may pursue any
other remedy set forth herein or as may be available
in law *or equity. In the event of such declaration,
all .sums due shall bear interest at the prime interest
rate +of -First Security Bank of Idaho, plus. five
percent.(5%) per annum, until paid.
6.1.11That "Developer" agrees that, those, portions of theF
water main or the -sanitary sewer line, for which the
City" has expressly. agreed to enter into,a late
comers agreement; -if any; for including any water or
sewer line extensions, increased line size or capacity,
j are required because�of future,service needs= :z
originating from properties not owned by
"Developer" and :located within the vicinity of the
subject development; that. sound planning requires
construction thereof at the present time in order to
accommodate future expansion -development.
In recognition ofi the cost savings which can be
accomplished by construction of such excess
capacity and/or improvements concurrently with the
facilities to be constructed for "Developer's' }
purposes, and the impracticality or impossibility of
constructing such excess ,capacity, and/or -
improvements separately ,or at a later,time,
"Developer" agrees to design and construct such
facilities subject to the. "City's" agreement to enter
into a late comers agreement to reimburse
"Developer" for a portion of the costs of such excess
capacity.- "Developer" agrees to obtain three
DEVELOPMENT AGREEMENT - 8
independent bona fide bids for the performance of
such work from qualified and responsible
contractors and Shall deliver copies of such bids to
the "City" prior to the commencement of such work.
Such`bids shall be` solicited and itemized in a:
manner which allows clear -and specific identification
of that portion of the construction work for which
the "City" may possibly agree to enter into a late
comers agreement. The "City's" obligation to enter
into a late comers agreement to help "Developer" to
pay for such-costs shall be limited to the _lowest of
such bids irrespective of whether the lowest bidder
is in fact selected by "Developer" to perform-the
work.
6.1.12 That "Developer" agrees that no Certificate of
Occupancy will be issued until all improvements are
completed, unless the "City" and the "Developer"
have entered into an addendum agreement stating a
when the improvements will be completed in a
- phased development; 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".
6.1.13 Tile all ditches, canals and waterways, which are to
be preserved including those that are property'
g boundaries- or only partially located on the property
if they can be contained within a pipe size of 48
inches or less. "Developer" shall enclose the Settlers
Irrigation Canal within a pipe and°shall either
enclose within a pipe or vacate 2 users irrigation
ditches.
6.1.14 Connect all water and sewer facilities within the
subject property to the municipal water and sewer
service of the City of Meridian. All water and sewer
3 facilities constructed or installed by "Developer" on
the subject property shall be in accordance with
plans and specifications therefor which shall be first
approved by the "City". `
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6.1.15 Construct streets to and within -the property.
DEVELOPMENT AGREEMENT - 9
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6.1.16Dedicate,the necessary land from the centerline(s)
of road(s) for public right-of-way. i
6.1.17 Pay, in accordance with an ordinance of the City of
Meridian in effect at -the time of the application by
"Developer" for building -permits, impact fees,
transfer fees (if applicable), development fees, or
similar fees or assessments which may be imposed
upon, or by reason of, the development of the
subject property; based on.the uses to be developed
on the subject property.
6.1.18 Meet the requirements and conditions of the
Findings of Fact and Conclusions of Law, meet the
Ordinances of the "City", comply.with the
requirements of the Meridian Police Department,
Meridian Fire Department, Meridian City Engineer,
Meridian Planning Director, Ada County Highway
District, Central District Health Department,
Nampa -Meridian Irrigation District and the Settlers
Irrigation District.
6.1.19 Construct and install all landscaped areas, as shown
on plans to be submitted and approved by the
"City", with sod and pressurized irrigation system,
except as otherwise expressly noted on said
approved plans. All shrubs. and trees planted on the
subject property will comply with the "City's"
r landscape requirements, unless otherwise expressly
approved by fhe "City".
6.1.20The "Developer" shall -prevent all construction
debris from migrating to adjacent properties during
construction; if the "City" determines that this
section of the Agreement is not being met, the
"City" shall order the "Developer" to erect a
temporary fence within ten (10) days of written
notification to the "Developer" to contain
construction debris.
6.1.21 Timely submit and obtain the required approval by
the "City" of all drainage and grading plans,
building plans, lighting plans, landscaping plans,
DEVELOPMENT AGREEMENT - 10
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parking and other plans relating to the development
of the subject property.
6.1.22 "Developer" shall comply with all of the National
Electric Safety Code clearances in connection with
. Idaho Power Company's 230kv transmission line to
be located adjacent to the Eastern right-of-way of
Eagle Road upon which a portion of the subject
property borders. Buildings and other structures
under 38 feet should be setback 25 feet from the
centerline of the transmission line. Depending on a
particular building site's proximity to a transmission
pole, buildings or structures may be placed closer
than 25 feet from the centerline, however, clearances
should be reviewed by the Idaho Power
Transmission Design Department. Any buildings or
other structures (including signs, light and flag
poles) over 38 feet in height should be reviewed by
the Idaho Power Transmission Design Department.
For these structures a setback of 35 feet from the
centerline is recommended. Any building or
structure located within 200 feet of the transmission
line centerline may need to have additional,
grounding/bonding installed by the builder to ,
eliminate any effects of'electrical induction.
Buildings or structures may require
grounding/bonding by the builder at distances
greater than 200 feet depending on their size and
the amount of metal in the makeup and particularly
buildings with metal surfaces. Idaho Power
Company is available to discuss what,
grounding/ bonding measures may be undertaken by
the builder to eliminate the possible effects of
induction.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors', assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
DEVELOPMENT AGREEMENT - 11
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"City" has complied .with -the not ice ,and hearing,procedures as outlined in I.C.
§ 67-6509,,,or,any,sub'sequent amendments orjecodifications there"of.
g CONSENT,TO DE -ANNEXATION ANDr°REVERSAL OF �6
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.ZONING DESIGNATION: A,
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"D1.eveloper;' ;consents upon default to the de -annexation an or a
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reversal of the zoning designation of the Property subjectytio`and4conditioned
,,upon the, following conditions precedent ,to -wit:
,That.,the "City provide written notice of any failure to
comply with this Agreement to Developer and`f the
"Developer" fails t6 cure such`failure within,six(6) months
of such notice.
9.
N: "Developer" shall, irririiedi`ately upon coiipletion
INSPECTIO
of,any portion:or the.entirety of said development of the "Property" as
required by this agreement or by City ordinance or` policy, notify the City
,Engineer and request the City Engineer s inspections and writteri'approval of
suchcompleted 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. . 'I
10. DEFAULT:
"Developer "'s heirs, successo'r's,
In therevent "Developer",
assigns, or subsequent owner`s of the"`Property" or ahy'
other person acquiring an interest'in the`"Proper"'y";kfail to
faithfully comply with�all of the'terms and conditions"
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
"City" upon compliance with the requirement's o
by,the,
the Zoning Ordinance. .
of a
10.2 A waiver by ,,City," of any default
by "Develoons per" shall
one;or more of the covenants o
.apply solely to the breach and breaches wAivedland shall
not bar any other rights or remedies of "City" or''apply to
any, subsequent breach of any such or other covenants and
conditions.
s DEVELOPMENT AGREEMENT - 12
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11. 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 bf 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. t
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or 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
d
performance of the covenants, agreements, conditions, and obligations
contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "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 periodand thereafter shall prosecute the curing of -
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of,the same with
F diligence and continuity.
.13.2 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.
DEVELOPMENT AGREEMENT -.13
y.
14. SURETY -OF PERFORMANCE: The "City„ may also require g
'surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under -11-9-606 C of,the Meridian City Code, to
b insure that installation of the improvements, which the "Developer" agrees to k
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provide, if required,by the "City" „
15. CERTIFICATE OF OCCUPANCY: The "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 a
developed; and in any event, no Certificates of.Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "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.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered, or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY: DEVELOPER:
c/o City Engineer 'Join ' t School District No. 2
City of Meridian 911Meridian Road
33 E. Idaho Ave. Meridian, Idaho 83642
Meridian, ID 83642
with copy to:
City,Clerk-
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
-DEVELOPMENT AGREEMENT - 14
17.1 A party shall have the right to.change its address by
delivering to the other party a written notification thereof
in accordance with the °requirements of this section.
18. ATTORNEY FEES, -,Should any,litigation be commenced
between the parties hereto concerning this -Agreement, the prevailing party
shall be entitled, in addition to any other :relief ,as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. -This provision shall.be deemed to be a separate contract. between
the parties and shall survive any default, termination or forfeiture of this
,Agreement.
19. 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 s
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be-
binding upon _and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person -
acquiring an interest in the "Property Nothing herein shall in any way
prevent sale or alienation 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.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and ,the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement`sets forth all,promises,
inducements, agreements, condition and understandings between "Developer"
and "City," relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding; either oral or written, express or
'
DEVELOPMENT AGREEMENT - 15
f
A
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".
22'.J °No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
;approval of the City Council after the ""City" has
ti conducted public hearing(s) in accordance with the notice
provisions provided fora zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Maybr and City Clerk.
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DEVELOPMENT AGREEMENT - 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
MERIDIAN JOINT SCHOOL
DISTRICT NO. 2
BY:
V
Attest:,.
BY RESOLUTION NO.
CITY OF MERIDIAN
BY:
Mayor Robert 'D. Corrie"
Attest:
City Clerl"-
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT 17
DEVELOPMENTAGREEMENT - .18
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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)
Notary Public for Idaho
Commission expires:_
STATE OF IDAHO)
:ss
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 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/Z:\Work\M\Meridian 15360M\School Dist\Middle School Pine (Van Auker)\DevelopAgrSchoolDist
DEVELOPMENT AGREEMENT - 18
DEVELOPMENT AGREEMENT - 19
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DEVI�LIOPMENT AGREEMENT 'l9
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A parcel -of land being a portion of the -Southwest -quarter and the Southeast
quarter of Section 9, Township 3 North, Range 1 East, Boise Meridiah, Ada
County, Idaho, and more particularly described as follows:
Beginning at a brass -cap marking the Southwest corner of Section 9, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, Thence along the
westerly boundary of said Section 9, said boundary also being the centerline of
Eagle Road, North 00 Degrees 00'00" East 2,650.18 feet to a brass cap
rnarking the Northwest corner of the said Southwest quarter of Section 9;
Thence leaving said westerly boundary and centerline, and along the northerly
boundary of the said Southwest quarter of Section 9, North 89 Degrees 10'47"
East 2,635.42 feet to an iron pin, said pin being the real point of beginning;
Thence continuing along said northerly boundary, North 89 Degrees 10'47"
East 20:01 feet to a brass cap marking the Northeast corner of the said
Southwest quarter of Section 9; Thence leaving said northerly boundary of the
Southwest'quarter, and along the northerly boundary of the said Southeast
quarter of Section 9, North 89 Degrees 10'38" East 1109.52 feet to an iron
pin; Thence leaving said northerly boundary, South 01 Degrees "03'25" East
13 60. 00 feet to an iron pin on the Northerly right of way. of the Union Pacific
Railroad; Thence along said northerly right -of way of the Union Pacific
Railroad following courses and distances; Thence North 89 Degrees 56'30"
4 West 423.91 feet to an iron pin; Thence South 00 Degrees 03'30" West 50:00
feet to.an iron pin; Thence North 89 Degrees 56'30" West 714.34 feet to an
iron pin; Thence leaving said 'northerly right of way, North 00 Degrees 39'59"
West 1392.49 feet to the point of beginning.
4
EXHIBIT "A" TO DEVELOPMENT AGREEMENT
F
n
EXHIBIT'B,
Findings of Fact and Conclusions of Law/Conditions of Approval
C.
DEVELOPMENT AGREEMENT 20
ORIGNAL
,BEFORE THE MERIDIAN CITY COUNCIL
a
F RONALD VAN AUCKER
ANNEXATION AND ZONING
A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9,
T. 3.N., R. 1.E., BOISE-, MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO k
FINDINGS'OF FACT AND -CONCLUSIONS OF LAW
The above entitled matter having 'come on for public hearing
August 6, 1994, at the; hour of 7:30 o'clock p.m., that James R.
Jones representing the• Petitioner appeared in person, the City
Council of the City of Meridian having duly considered the evidence
and the matter makes the following Findings of Fact and
Conclusions:
FINDINGS OF FACT
l.i That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for August 6, 1994, the first
publication of 'which was fifteen (15) days prior to -said hearing;
that the matter was duly considered at the August 6, 1994, hearing;
that the public was given full opportunity to express cdmments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations;
2. That the property included in the application for
,annexation and zoning is described in the application, and by,this
reference is incorporated` herein; that the property is
�a
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1
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approximately 172 acres in size.
3. That the property is-presently zoned by Ada County as M-1
Industrial and RT Rural Transition residential; that the Applicant
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requests that portions of the property be* zone TE Technical
District, I-L Light Industrial and C-G'General Retail and Service
Commercial; that no'specific use for the property was presented but
it was stated that it would be platted"later.
4. The general area surrounding the property is used for
industrial, warehodsing and agricultural uses.
S. That the property is now adjacent and abutting to the
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present City limits.
a:
6. That Ronald VanAucker is the Applicant'; that Applicant'
does not own all of the land; that the other owners are Oren C.
'Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho
Partnership', Franklin-Eagle Joint Venture, VJ Joint Venture, and
d G/D Partners, an Idaho General Partnership and•they have consented
to the application and have requested this annexation and zbning
and the application�is not at the request of the City of Meridian.
7 Ada County Highway'District (ACHD), Gary Smith, Meridian
°City Engineer, Meridian Police and Fire Departments, Shari Stiles,
Meridian planning Director`, Central District Health Department,
Idaho Power and the Nampa-Meridian Irrigation District submitted
comments and such are incorporated herein as if set forth in full.
8. Chuck Leihe of the Meridian School submitted comment at
the hearing that the School District was looking for a 32 acre
parcel for a school and the Applicant was also interested'in a
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2
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school in the area; that Mr. Jones �ad, indicated that the Applicant
had made arrangements with -the School District that a middle school,
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would be build in the area.
9. There were property owners. in the area of the proposed"
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annexation that appeared and testified at the Planning and Zoning
'hearing to make comments on the application; that the testimony was'
t e _
basically as follows:
a. Pat Nation was against the annexation because it was
adjacent to her farm and she likes her well and the sewer
facilities that she now has and was not interested in
City service; that development in the area would
a interfere with the horses that she raises; that she
wanted to be in the county and not the city and that the
annexation would not be good for her privacy or her`,
horses.
b. Rich Alli"son testified that Mr. VanAuker had been co-
operative with providing fairly priced land for the
h° School and that school land would provide a buffer for
Mrs. Nation. r �'
C. Carl Hatvani testified concerning the ditch problems that
he had had in the area.
d. Mike Shrewsberry testified that he wanted the Commission
to, know that this was only an annexation and that
platting would be some time later and that there would be
no interference with agricultural practices.
-that there was also testimony at the City Council hearing, which is
basically as follows: 3
1. James Jones, the Applicant's representative testified
about the' property and showed pictures of developments
that Ron VanAucker had developed; that the land was not
in a mixed planned use area as stated in the Planning and
Zoning Commission Findings of Fact and therefore the
conditions that are placed on land that is in a mixed
planned use area should not -apply to this land; he stated a
that it was in.an Industrial Review Area; that he was as -
concerned as the City was about some things that have
happened in one of the areas zoned light industrial; he
proposed that- if there are uses that the City does not
,VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE'S
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want to see built there they would stipulate -that those
uses- would not be built there if it was agreeable with
them;. he offered°a schedule of uses that. --he said listed
the permitted and conditional uses in the Light
Industrial zone from the current Meridian Zoning
Ordinance with a few suggested change's and asked the City
Council to review this and mark it as to how the City
would like to limit the Applicant''s' uses.
ti 2.
Rich Allison testified basically the way that he did at
the Plarninc and Zoning Hearing but added that he
supperted the Applicant not having to get conditional
uses.
3.
Ron VanAuker teztified that all of the property was not
his; that the General Service Administration was a
proposed user; that he perceived the conditional use
requirement ac- unnecessary; that. the conditional use
procfidure adds uncertainty to -development, a lot of delay
in development, and the prospective tenants are not
willing to wait: he stated that all of the uses would not
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necessarily be inside; that outside uses would be oaf
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c�jnc2rn to the City and that they may work with the City
on the outside uses; that he would, do conditions,
covenants and restriction and would use them to protect
the City.
4..
Jim Kessler testified that he was a typical tenant; that
he wanted -to avoid the conditional use process.
S.
Carmen Mayes testified that there were too many
requi-ements on the application; that conditional uses
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we --.-e a scape coat for what is not a listed use and t is
used to discriminate; that she questioned the tiling of
,waterways; and that she was in favor of the Application.
6.
Dwain Edmonds stated that he had a 1.5,000 square foot
mari�.ine shop on five acres, that a Gond tional use would
be a bad requirement.
7.
Jbhn Jackson stated that he owned property to the -north
ofthe Applicant's property and was not Apart of the
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Applicant's development.
•8.
Cornell Larsen testified that -he was a realtor; that he
encouraged that City not to use conditional uses; that
Ada County d.ces not require condit')*onal uses; that the
cost to the Cit, to use conditional^uses would be very
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high.
9.
Mike Ford stak.zd that he was a real estate manager for
VATT ACnER
FINDINGS OF FACT & CONC'LUSTONS OF LAW PAGE 4
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Ron Yankee; that Mr. :Yankee was not part of the. 172
acres; that he was 'concerned that the conditional use
requirement would carryover to Mr. Yankee's land.
10. Chris Nelson stated that he represented "Canvass" which
owns land on Commercial Street which is north of the
subject property; that conditional use were not good.
10. That the 'property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
11. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. That' the property can be physically serviced-with City
water and sewer, but the sewer and water lines will have to be
extended to the property by the Applicant. ,
13. That Meridian has, and is, experiencing a substantial
amount of growth; that there are pressures on land previously used
4
for agricultural uses to be developed into residential subdivision
lots, commercial, and industrial uses.
14. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under the LAND, GENERAL POLICIES, section commencing at
page 22, it states: Encourage a balance of land"uses to
ensure that Meridian remains a desireable and self-
sufficient community; and under the INDUSTRIAL POLICIES,
it states in part as follows:
3.1 Industrial development within the" urban, service
planning area should -receive the highest priority.
34 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
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3.5, Industrial areas should be located within proximity
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VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5
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to* major utility, transportation and services'
s facilities.
3.9 Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse' impacts upon the City sewer
treatment facility and irrigated,lands that receive
'industrial runoff. i
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3_10 -Industrial uses should be located where adequate
water supply and water pressure are available for
fire protection. I
and under the Eastern -Eagle Road,Light Industrial Review
area is stated as follows:
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
k light industrial uses -within the proximity of the
Idaho Foreign Trade Zone..
3.17 It is the policy of the City of Meridian to
encourage and promote light industrial development
in.the Eastern Light Industrial Review Area.
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B. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement
Policies, Page 19
1.1 The City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate in
Meridian.-
1-.2
eridian.1".2 It is the policy of the City of Meridian -to set
aside areas where commercial and industrial
interests and activities are to dominate.f
1'.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect
the uniaue needs and features of 'each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
15. That the property -is included within an area designated,
on the Generalized Land Use Map in the Meridian Comprehensive Plan
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VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6
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as a Light Industrial; the Comprehensive Plan states at page 17
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that "There are two planned Industrial Review Areas addressed in
this Comprehensive Plan. The Eastern -Eagle Road Light Industrial
Review Area ."; the, Industrial Policies stated at page 24 of
the Comprehensive`Plan state in part as follows:
"3.11 zoning and development within each of the
Industrial Review Areas should be analyzed to'
ascertain if there are. potential problems or
conflicts which would.hinder the development of
these areas by private industrial and business
interests.
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3.12 All industrial proposals that pertain to the
Industrial Review Areas' shall 'be reviewed and
monitored by the City Council or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.";
that the specific policies for the Eastern -Eagle Road Light
Indust=Hal Review'Area include the following:
"3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.16ULand uses within the Eastern -Eagle Road Light
Industrial Review area must be clean, quiet, and
free of hazardous or objectionable element"s."
16. That the requested zoning of Geneial Retail and Service
Commercial, (-C-G), Technical District and Light Industrial
districts are -defined in the Zoning Ordinance at 11-2-408 B. as
follows:
(C -G) General Retail and Service Commercial: The purpose,. of
the (C -G) District is to provide for commercial uses which are
customarily operated entirely or almost "entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in chose proximity to major, highway or arterial
streets; to fulfill the need of travel -related services as
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7
well as retail sales for the transient and permanent motoring
public., All such districts shall be connected oto the
Municipal Water" and Sewer` systems bf,�:the City of 'Meridian,,, -and
:,.shall not j ,constitute strip commercial development `and
encourage clustering of'-commercial"develcopment:-
Ee a
••(TE) Technical District:'`The`purpose of'rthe-:(TE) iDistrict.Ris
.to, -,permit and en'cou'rage the development- of a <.t`echnological
park,. including research an& development centers -,vocational
and-- technical schools 'and '-'compatible manufacturing and
wholesale business establishments which are --c ean,_ iet,and
free Yof hazardous mater"ials and that 'are operated.,entirely,,,or
almost entirely within enclosed structures; to delineate an
area, of adequate size to accommodate present and future
compatible needs on" lands 'which are, relatively free of
improvements, well suited for such use because of location,
topography, access and 'utility service 'potential',,_;and
relationship, to .other land uses could render the district
infeasible for its intended use. J Tfie``aDistrictmust�,!have
direct access on two (2„) or more transportation arterials or
collectors, designed to convey -°large volumes._ of � traffic
through non-residential areas to major highways and
thoroughfares. It must"also be`in,such-proximity.•to:insure
,;.connection to the Municipal Water and Sewer systems of the
City of Meridian f'or domestic `requirements. i�The.!district,,xis
_ further designed to pact, as a buffer between industrial and
highway uses and other less intensive'bus°iness• and residential
uses; and torprgvide an environmentally pleasing, safe and
aesthetically pleasing employment ceriter for the community -and
,.the region. i
1
(I -L) Light Industrial: The purpose of the (I -L) Light
Industrial District is, to 'provide, for flight industrial,,.,,
development,and opportunities for employment of Meridian
citizens and area residents and -rediicec -the y heed-:-, toi ,,.,
°commute to neighboring cities; to encourage the
development of manufacturing and wholesale =establishments,
Wwhich -are E clean, quiet and free of hazardous or
objectionable elements, such as�'noise, bdor,'dust,�'s,moke
or, glare. and that are operated entirely or almost
entirely within -enclosed structured; to delineate,rareas':
best suited,,for. industrial development because of
location, topography, "'eXisting ` facilities ,and,-
,relationship to,. other land uses. This district must also
be in such proximity '"t'o' 'ins ur`e"•• connection' -to' the •-
Municipal Water and Sewer systems of the City of
Meridian. Uses incompatible with light industry are not
permitted, and strip_development is prohibited.
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17., ,That in. 19.92 , the Idaho State Legislature passed
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW
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PAGE 8
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Amendments to the Local Planning`Act, which in 67-6513 Idaho Code,
relating to subdivision ordi:nan6es,`6tates 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.,,;
that the City of Meridian is concerned with the increase in
development that is occurring and with its impact on the.City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and business
x
and to those moving into the City; the City is also concerned that
the increase in commercial and -industrial development is bringing
in more population and is burdening the schools of. the Meridian
School District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and "the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
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fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services`to current and future students; that the increase'
in commercial and industrial which might locate in.this annexation
would be helpful.
18. That pursuant to,the instruction, guidance, and direction -
of the Idaho State Legislature, the City may impose either a
development The or a transfer fee on residential property, which,
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9
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if possible, would be r`et'roactive and apply to all lots in the
City, because of the imperilment- to" the, health, welfare, and safety
of the`t.citizens of the City of Meridian.
19. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
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wide."
20. That Section 11-9-605yG 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."
21. That Section 11-9-605 H 2. states as follows.:
a t
"Existing, natural features which add value to residential
Adevelopment and enhance the attractiveness of the community
(such 'as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
t the subdivision;"
22. That Section 11-9-605 K states'as follows:
"The extent and location of, lands designed for linear open
space corridors should be determined by natural features and,
to lesser ext"ent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
,may be' required for the protection of residential properties
',from adjacent arterial streets, waterways, railroad rights -of
way or other features., As improved areas (landscaped), semi -
improved, areas (a landscaped pathway only); or unimproved -
areas ('1°eft in a natural state), linear open space corridors
serve:
1. To preserve openness; '
2. To interconnect park and open space systems within rights
of,way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1`0
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natural value, especially waterways, drainages and
natural habitat;
4`. To buffer more intensive adjacent urban land use's;
5'. To enhance local identification within the area due to
the internal linkages;'and
6 To link residential neighborhoods, park areas and
recreation facilities."
¢ s
23., That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
' 'provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle -Pedestrian
Desian .Manual` for .Ada County (as prepared by Ada County
Highway' District) when reviewing bicycle and pedestrian
pathway provisions within developments."
,.24. 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;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
25. That the City is in the process of amending the Zoning.
Ordinance and the Subdivision arid -Development Ordinance;�that the
present Zoning Ordinance provides for only one industrial zone
t which is the Light Industrial Zone and which authorizes all
industrial uses if allowed; that one of the proposed amendments to
the Zoning Ordinance is to reorganize the industrial uses and have
a light industrial zone and a heavy, industrial zone.
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VAN AUKERFINDINGS OF FACT-& CONCLUSIONS OF LAW PAGE 11
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26. That proper notice was given as required by law and all
procedures before the City'Council and City Council were given and
followed.
CONCLUSIONS
1.. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Council has .judged these annexation, zoning
,and conditional use applications under Idaho Code, Section '50-222,
Title 67, Chapter 65, Idaho Code, Meridian City 'Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it''and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67; Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have, been complied with.
5.. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
'"the City and State.
6'. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12
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the annexation would not�'be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8. That since -the annexation and zoning of land is a
`x legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idano`65, 665 P.D 1075 (7983).
9: That -the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Se"c+ion"11-9=616, which- pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation. That the Applicant shall be required to
r connect td Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a condition of annexation the
Applicant shall be required to enter into a development agreement
as authorized, by 11-2.-416 L and 11-2-417 D; that the development
a,
agreement shall address the inclusion into the subdivision of the
requirements of 11-9-605 C, G., H 2, K, and L.,; that the'
-development-agreement snail, as a condition of annexation, require
that the Applicant, or -if required, any assigns, heirs, executors
or personal representatives, pay, linen required, any development
- fee or transfer tfee adopted by the City; that there shall be no
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annexation until the requirements of Lthis paragraph are met- or, if
VAN EAUKER FINDINGS OF FACT & CONCLUSIONS OF LAW. PAGE 13
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necessary, the property would-be subject -to de -annexation and loss
of City services, if the requirements of this paragraph were not
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met
10. That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be -called for or allowed in•the Comprehensive Plan
but the Zoning Ordinance may not` address provisions for the use; it
is,concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not otherwise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The. Applicant has not stated or represented its
intentions for development, which -is, of concern to the City
Council; that since the Comprehensive Plan states that the specific
policies for the Eastern -Eagle Road Light Industrial Review Area
include the following:
3.1+4 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.16U Land uses within the Eastern -Eagle Road 'Light
Industrial Review area must be clean, quiet, and
free of hazardous or objectionable.elements.";
therefore, it is concluded, that some means needs to be required so
that the City can insure that uses in the area are clean, quiet and
`VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14
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free from. hazardous or objectionable `elements and are inJharmony
with the residential uses in-tlie-area; that the Zoning Ordinance,
as amended, will likely require that uses in the Light Industrial
zone be clean, quiet and free of- hazardous or objectionable
elements; that the area is not in a mixed planned use area which
requires conditional uses for development, so conditional uses
should not be required as a condition of annexation, and zoning;
that if the Applicant agrees to have all development meet and
comply with the amended Zoning Ordinance, even though it will not
be adopted until later, the property should be annexed and zoned as
requested. If the Applicant is not agreeable with having his
development meet with the Zoning Ordinance, asramended,'conditional
uses shall be required as a condition of annekati'on:.
13. Therefore, it is concluded that the property should be
annexed and zoned General Retail, and Service Commercial (C -G),
Light Industrial (I -L) or as Technological District (T -E), as
`requested in`the Application, but the Applicant and all property
owners must agree, prior to an annexation ordinance being passed,
that all development shall meet and comply with the amended Zoning
Ordinance, even though it will not be adopted until later.
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14. That, as a condition of annexation and the zoning, the
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.Applicant, and all property owners, shall.be required to enter into
development agreements -as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address, among other things,
the following:
1. Inclusion into the development of the requirements of 11-
d VAN
1-dVAN AUKER- FINDINGS OF FACT & CONCLUSIONS. OF LAW PAGE 1:5
a. c- Pedestrian..Walkways.r4
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> : b�. G 1,., Planting}, Strips..:
_H, Public Sites and} Open,.
d. K, -Lineal Open,' Space, Corridors. .
e. L,Pedestrian and Bi ke�,.Path Ways.
2 Payment by the _Applicant,.,' or if, required, any= assigns
heirs, executors or personal representatives, of any
-4 or ,transfer fee, adopted by ? the
impact, development,,.
City.
3. Addressing the subdivision access linkagejll screening,
s buffering,, transitional land, uses, traffAic study and
recreation services.
4 : An impact 'fee to Fhelp _ acquire a future school or: park
sites to serve the areas..,. m ,
5: An impact fee, or fees,;for park, police, and fire
services as determned�by 'the'- city.
6. Appropriate berming and landscaping.
YaS
7. Submission and approval of any required plats.
8. Submission and approval of individual building, d'= mage,
7j,lighting-, parking, and .other development plans under the
Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
I the existing development.
10. Establishing the 35 foot landscaped setback required
under the Comprehensive Plan and landscaping the`'same
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11. Addressing the comments from`the City Staff, applicable
-,at the time of annexation and zoning or at the time of
development.
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12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14. And any other items deemed necessary by the Ci y'Staf4f.
15. That Section 11-2-417 D of the Meridian Zoning Ordinance
states _i:n part as follows:
PAGE 16
"-VAN.,'AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW b
�y� z
y " If property is annexed and zoned, the City may require
c permit, as a -condition of the zoning, that an owner or
developer make a written commitment concerning the use or,
v development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office of
ythe 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.
,. that since the above section.,states that the development agreements
shall take effect upon the adoption of the ordinance annexing and
a
zoning the- parcel and since no development agreements have been
4 agreed on, or even discussed, it is concluded that the development
agreements are information that the City Council needs prior to the
final action on the annexing and zoning applications, which is thfe-
annexation ordinance; however, it has been 'stated that platting may
not be done for, approximately eighteen months; therefore i"t. is
concluded thatthe land may be annexed and zoned but the land shall
be subject to de -annexation if acceptable development agreements
N
are not agreed upon, and entered into, after the annexation
ordinance is passed.
t
16. That it is concluded that the annexing and zoning, of the
property is in the best interests of the City of Meridian, but it-
is concluded that the property may be de -annexed if appropriate
r p
development ,agreements are not agreed on and executed by the City
and the respective property owners.'
17. That the requirements of the Meridian Police Department
Meridian City Engineer, Ada County Highway District, Meridian
Planning Director, Central District Health Department, and the
Nampa & Meridian Irrigation District, shall be met and addressed in
VAN AUKER FINDINGS OF °FACT & CONCLUSIONS OF•LAW
F
PAGE' 17
r
F
development agreements.
18. That all ditches, canals, and waterways shall be tiled as,
a condition of annexation and if not so tiled, the property shall
be subject to de -annexation. That pressurized irrigation shall be
installed and' constructed, and if not so done the property shall be
subjecttode-annexation.
19. That the Applicant and.property owners shall be required
to connect' to Meridian water and sewer, at their expense, and
resolve how the water and sewer mains will serve the land; that the
development of the property shall be subject.to and controlled by
the Subdivision and Development Ordinance and the development
agreements.
20.. That these conditions shall- run with the land and bind
the applicant, owners and its assigns.
21. With compliance of the conditions contained herein, the
annexation and zoning as requested in the Application would be in
the best interest of the City of Meridian.
22. That if these conditions of approval are not met by the
Applicant and the respective property owners, the property shall be
de -annexed.
Y
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 18
a
4.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council' hereby adopts and approves these
Findings -of Fact and Conclusions. i
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN YERRINGTON VOTED '
COUNCILMAN CORRIE VOTED
COUNCILMAN TOLSMA". VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
s
f F
'3
i
DECISION
The City Council hereby decides that the property set forth in
the application `be approved for annexation and zoning under. the
conditions -set forth in these Findings of Fact and Conclusions of
Law, including that the Applicant and property owners enter into
development agreements or that the land be de -annexed; that if the
Applicant and owners are, not agreeable with these Findings of Fact
and Conclusions and are not agreeable with entering into
development agreements, the property shall not be annexed.
MOTION:
r
APPROVED:/ DISAPPROVED:
4
VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19
-` ro
May 4, 1999
The Honorable Robert Corrie & MAY 2 Uc 1999
Meridian City Council
:.it`% of laerI�!in ,
33 East Idaho City CIer'_]';L- V
Meridian, ID 83642
RE: Meddian'SciSool District'-`Propos'ed.Pihe_Street Middle',School
Dear Mayor Corrie & Council Members:
C` �•�� .��/L-SCS
MAY 2 7 1999
CITY OF MERIDIAN
PLANNING & ZONING
This letter is to confirm my conversation with your assistant, Anita, on May 4, 1999. Anita
indicated that your office has decided to revoke the original zoning compliance letter and
stop all action regarding issuance of a building permit for the proposed Meridian Middle
School. These decisions should remain in place until all requirements of the 1994
annexation regulations as well as the current zoning regulations are met.
Furthermore, the Meridian School District should not pursue a middle school site that is
objectionable to parents, taxpayers and students. In the wake of these objections, the
City Council should conduct public hearings in accordance with the comprehensive plan
and zoning regulations for the following items:
1- Development Agreement must be completed per terms of annexation.
2. Development Agreement requires the Planned Development guidelines be followed.
3. Planned Development guidelines/procedures requires that the annexed property follow
the procedures for subdivision approval (9-604). Not platted or subdivided.
4. Issuance of Certificate of Zoning and Building Permits (9-607, F,4) shall be granted
only after development plan and covenants have been approved by the Council.
There has been no approval by Council.
5. Only zoning district permitted uses were excluded from conditional use requirements.
6. The specific purpose of each zoning district shall be stated(2-408). (Ord. 430, 4-2-84)
Only public vocational and technical schools are permitted uses in TE District. Middle
schools are not a permitted use.
7. A traffic study is required per the Development Agreement
8. Pine Street must connect with two (2) streets perthe Technical District zoning definition
requirement
9. The Comprehensive Plan stating "middle schools are to be placed in residential
neighborhoods" must be adhered to, per terms of annexation or,
10. The Meridian School District must request a TE zone change or modify the existing
definition of a Technical District: "vocational or technical schools"
The siting of a middle school in the TE District is not allowed under the existing annexation
agreement. Also, the Comprehensive Plan requirements are clear, obvious and logical:
schools are to be sited in residential neighborhoods. There are many additional concerns
about this site including safety, ease of access, traffic, and busing costs to name a few.
There is no evidence that the Meridian School District has addressed these issues.
Currently, 70% of the student population resides north of Fairview. If the proposed site is
used, 60% of the District's middle school building capacity will be located south of
Fairview. This data indicates that the site is not suitable for demographic reasons. The
proposed site divides neighborhoods in the Lowell Scott area, the Eagle area and also
impacts neighborhoods south of 1-84 west of Meridian Road. Transporting students across
neighborhoods diminishes theirstudy time, theirafter- school and extra -curricular activities.
The Meridian School District has two alternatives:
1. Five suitable sites exist along the Ustick/Cloverdale-Ten Mile corridor. They are
currently listed for sale.
2. The District currently owns a site at Ustick and Locust Grove.
Meetings with School District officials since August 1998 have not yielded any
substantiation for the proposed site. The proposed site does not meet any of the indicated
requirements for the City of Meridian. With 25 years of specialized real estate experience
(including 6 years as a member and two years as chairman of a Planning and Zoning
Commission for a city of 35,000), 1 find this to be one of the worst planning decisions I
have ever seen in my career.
Please see the enclosed letter from Superintendent Christine Donnell stating that the
District Administration and School Board complies with all laws and regulations, including
acknowledging their fiduciary duty requirements to the students, patrons and taxpayers.
It is essential that Meridian City officials follow the law and all applicable regulations
regarding this matter, for the long term benefit of the children, patrons, taxpayers and all
future school sites.
Sincerely,
<g__�
Greg R fl
Susan Schilling
Carol Lipschult
Gary Trakas .
Roy Kempthorne
Citizens for a Better Meridian School District
6250 W. View Drive Meridian, ID 83642
208-884-3908
BetterSch@Aol.com
J 7V
^,bj: Re: Middle School Location
.ce: 12/16/1998 3:18:54 PM Mountain Standard Time
From: donnellc@mailhost.sd02.kl2.id.us
To: GRud689177@aol.com
Once again, Greg, I believe that the best decisions have been made
both by the district and the Board of Trustees. r-INe'cle vn
ie a'
�,ha n
understanding oitfie `fiduciary' reponsbility`1ve'have to the district i
patrons'; Rather than spending all this time writing letters and
e-mails messages, why don't you call my office and lets set a time
to meet, Wally Hedrick, Chairman of the Board will join us and
hear your concerns. I have also talked to the principals at the
elementary schools that you requested and they will be having
their PTO presidents call you. Christine
Christine Donnell
Superintendent
Meridian School District
911 Meridian Street
Meridian, Idaho 83642
Headers
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Subject: Re: Middle School Location
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W*dnoadey, 0ecu nb6118, 1888 "rice Online: ORU089177 page; 1
From the Desk of
' Greg Ruddell
.6250 W View Dr'..Meridian, ID 83642 (208) 884-3908
April 15, 1999`
X—
Mr. Ron,VanAuker
3084 E Lanark
Meridian, Idaho 83642
Mr. VanAuker:
Thank you for the time and attention devoted to -ensuring the proposed Meridian Middle,
School is constructed in an area which is most beneficial to parents and students, not
political expediency.
Just to catch you up on a few items which you may find of interest:
Those in opposition to the proposed siting for the middle school are growing in numbers
everyday. These patrons are very concerned not only about how their tax dollars are
being spent, but also the safety of their children as well.
I now understand the Meridian School District is attempting to force construction of a
gravel road from the proposed site to Eagle Road. For the benefit of the children and
district taxpayers, please continue to resist the Meridian School District's demands
regarding this gravel road. If the Meridian School District doesn't even know where
current and future students live, how can they be entrusted with ensuring a quality
location for a middle school? The proposed site makes no sense. As you are well
aware:
• Although 60% of the existing schools are situated south of Fairview, more than 70%
of the students live north of Fairview.
• The proposed middle school is to be located south of Fairview.
• If this plan goes forth, more than 95% of the students will require bussing.
This is a complete waste of taxpayer money.
In response, the Meridian School District has said, "There are no suitable sites available
north of Fairview." However, according to Mike Caven (States Realty and Investment,
which owns several 35+/- parcels along Ustick, between Eagle and Cloverdale Roads)
has indicated interest in selling a site to the Meridian School District, Mr. Caven has
informed me that the Meridian School District has never contacted him. Therefore:
• An alternative, comparatively advantageous site is available.
• This site can better serve the children within safe walking distance.
• This site requires less taxpayer capital outlay through lower bussing expenses.
• It lessens traffic burdens for those picking up their children after school.
�J
Although I have never believed that the proposed Cloverdale site would directly impact
my family, I have since discovered that the opposite is, in fact, true.
• The proposed boundary change increases my child's one-way bussing distance from
5 to 11 miles.
• The site wastes taxpayer funds.
• The proposed site wastes my limited time.
Most statements made by Meridian School District regarding these issues have
contradicted known facts, thus defending a very poor planning process while misleading
the public. It would be regrettable if the school district succeeds in placing the middle
school at it's current proposed site; the resulting uproar will have significant
repercussions, which I doubt no one on the school board would welcome.
I believe we should continue striving to ensure our most important assets, our children,
have accessible, safe, productive and enjoyable places in which to learn. Schools simply
belong in the neighborhoods where the children live.
Sincerely,
Gre Ruddell
cc. Interested Patrons
cc: Christine Donnell
cc. State Board of Education
cc. Meridian Planning & Zoning
cc: Kathleen Mortensen, The Idaho Statesman
4Or
Wo
SUPERINTENDENT
Christine H. Donnell
February 4, 1999
Greg Ruddell
6250 W. View Drive
Meridian, ID 83642
Dear Mr. Ruddell,
Arj;4.- /�r�l� Serol
911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700
_BCE-Vj�j�
CITY OF HERIDLkNi
I received your request regarding busing costs for the new middle school site projected for years 1, 5, 10, 20, 40 and
80 and annualized for inflation. I also received your request for an analysis of busing costs if the middle school were to be
changed to the Locust Grove site in comparison to busing costs at "another site location near 1-84 corridor."
To date, the District has responded to almost 20 e-mail inquiries from you regarding the site for the new middle
school. In addition, 1 have discussed the matter with you in person on the phone; our administrator of support services and
a member of the Board of Trustees took a two-hour tour of the site to hear your point of view on the issue, and the Chairman
of the Board of Trustees and I met with you personally for more than two hours, during which we heard and tried to address
your concerns. At this point, for the District to devote more resources to your inquiries regarding the middle school would
not be fair to the issues brought forth by other patrons that also deserve our attention.
During the bond election, the location of the proposed middle school site was published on the majority of the printed
materials that were distributed to members of our community, including the Fall 1998 edition of The Outlook, which goes to
even, mailing address within the Meridian School District. The Idaho Statesman also printed a map detailing the location
of the proposed school in advance of the bond election.
Our community voted to support the bond measure with the knowledge that some of the funds would be used to build
a middle school at the proposed site. To change the location of the middle school site now would be to reject the support we
received for the bond measure and to reverse the expectations, in regards to the middle school, of our community.
The District and the Board of Trustees continue to believe that the new middle school will be a great asset to the
district, and will best meet its stated objective at the location west of Cloverdale Road, which is to reduce overcrowding in our
current middle schools, creating a better learning environment for all of our middle school students. In achieving this
objective, we will provide a safe and cost-effective facility for our students, parents and community to enjoy.
Thank you for your inquiry.
Sincerely,
Ohristine Donnell "
Superintendent
c: Meridian Board of Trustees
Idaho Statesman
State Board of Education
✓Meridian City Council
BOARD OF TRUSTEES
Rex Harrison • Wall)' Hedrick • Holly Houfburg • David Wynkoop • Steve Mann
1
From: GRud689177@aol.com S /
Date sent: Fri, 29 Jan 1999 17:58:46 EST
To: donnellc@mailhost.sd02.kl2.id.us
Subject: Attached Letter
Christine & School Board:
Regarding transportation cost/analysis requests for middle school,
another
patron requests the same information regarding proposed
technical/professional school site, North Locust Grove.
Specifically, same analysis comparing Locust Grove site verses
another site
location near I-84 corridor, illustrating the long term busing cost
differentials between two alternative sites.
Thanks much for providing requested information, meeting the duties
of
protecting all taxpayers from ever increasing tax burdens.
Greg Ruddell
-- 1 -- Mon, 1 Feb 1999 08:49:23
lrer,b►l
From: GRud689177@aol.com
Date sent: Thu, 28 Jan 1999 14:48:07 EST
To: donnellc@mailhost.sd02.kl2.id.us
Copies to: news@idstates.com
Subject: Attached Letter
Ms. Christine Donnell, and
Meridian Board of Trustees
Meridian, Idaho 83642
Greetings:
We were assured by you, that the school board and you are aware of
the
fiduciary responsibility to all patrons and taxpayers. You further
assured us that you had complied with all fiduciary responsibilities.
Since we believe your representations are true, please provide us with
the following information:
1. Annual school busing costs to current proposed middle school
site. 2. Annual busing cost projection adjusting for -inflation,
including all
fixed and variable costs. This must include projections for 1, 5, 10,
20, 40, and 80 years, using reasonable baseline information.
3. The annual taxpayer cost for walk in students.
4. Projection for walk in student costs adjusted for inflation for
above
time periods.
5. Analysis to include different site busing requirements of 95
50 % and
0%.
Note: Annual cost adjustments are compounded based on a national
recognized
information source.
Disclosure of the funding source to pay transportation costs, whether
it is
district, local, state or federal tax money. Economic analysis of
annual costs of busing compared to annual cost of walking to justify
the current site selection. Since we have been assured by you in
APS dale-
5r'kv/
Fri, 29 Jan 1999 13:40:36
_ Leatham & Krohn
A R C H I T E C T S
Darrell Leatham, Architect
Kent Krohn, Architect
Wayne Thowless, Architect
LETTER OF TRANSMITTAL
DATE:
PROJECT: mew F I 129-ier,
�q y� VIA: MAILED O
TO: �I--�� 1� 1� -III FAXED O
LoAW W I W (A DELIVERED
I PICKED UP O
O
THE FOLLOWING:
iGVISrGn AWr>iGApIW (A rLoAW Gop �cS
AMNC-P Ar-"VAt. V0gy p,
FOR YOUR: O USE A PROVAL O REVIEW & COMMENT
O INFORMATION O RECORD O DISTRIBUTION
0
FROM: WA!f1� i1i �%1/ L 5 S
COPIES TO:
If enclosures are not as noted, kindly notify us at once,
1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 • Fax(208)336-3680
lituaw C2)iJtriCt
- � � 11-__0
Sherry R. Huber, President J' V °` I I
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@acnd.ada.id.us
Apri l 15,
Lcath;un & Krohn
.111.11: Wayne Thowless
1735 Federal Way
Boisc, Idaho 8-')705
RE: N1SPR-12-99// E.Pin e �y/o C1oyerdale. INcwNliddle-Sc hool r
P1.a S ACCEPTANCE.
The District has reviewed the plans for the above referenced project, and they are accepted for public
street construction. By stamping and signing the improvement plans, the Registered Engineer ensures
the District that the plans conform to all District policies and standards. Variances or waivers must be
specifically and previously approved by the District in writing. Acceptance of the Improvement plans
by the District does not relieve the Registered Engineer of these responsibilities. The district will not
assess an impact fee for this project.
NOTE: You may consider the conditions of the Ada County Highway District to have been met.
However, occupancy is conditional upon completion of right-of-way dedication and deposit into the
Public Right -of -Way Trust Fund.
Standard Requirements:
I. Utility street cuts in new pavement less than five years old are not allowed unless
approved in writing by the District.
Li. All irrigation facilities must be located outside the public right-of-way unless otherwise
approved by the District.
f H. Replace damaged curb, gutter, and sidewalk with new curb, gutter. and sidewalk to match
existing improvements.
IV. 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.
V. Any work in the public right-of-way requires a permit from ACHD Construction
Services.
VI. An engineer registered in the State of Idaho shall prepare and certify all improvement
pians.
-I -cc to Contact "7-0170,
LJLII�-511011S 01'
concoms. plc -.).,c Foci i wc at
Lowe
planniluand Development
cc-. Sheri Stites
ROBERT D. CORRIE
Mayor
GARY D. SMITH, P.E.
Public Works Director
March 15, 1999
CITY OF MERIDIAN
PUBLIC WORIS % BUILDING DEPARTMENT
Keith L. Jacobs, Jr. PE
Pacific Land Surveyors
1295 S. Eagle Flight Way
Boise, Idaho 83709
Re: Franklin -Eagle Road Sewer Project.
Dear Keith:
COUNCIL MEMBERS
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
On March 16'h, a meeting was held in our conference room regarding the proposed school
site East of Eagle Road & South of Westdale Park No. 2. Representatives from Meridian
School District, ACRD, Meridian Public Works, Meridian Planning & Zoning, Meridian
Fire Department, North Ada County Fire and Rescue, Van Auker Construction and
Leatham & Krohn Architects were in attendance. The primary focus of the meeting was
the requirement for fire access to the site from within the jurisdictional boundaries of
Meridian Fire Department.
As a result of the discussions that followed, it came to my attention that the new school
will soon be connected to the sewer main, currently under construction in the future Pine
Street Extension area East of Eagle Road. I advised the group that the sewer main
through that area had been approved with subsurface manhole lids (as it was represented
that the area was currently being farmed in 1996 when the plans were originally reviewed
and approved). I further advised the group that Meridian Public Works will require
that the manholes be raised to finish grade and must have all weather access to each
manhole before we will allow the first user to connect to the sewer.
I advised Mr. Van Auker in the meeting that I was in possession of a water main design
by Roylance & Associates, P.A. from Eagle Road to the future school site, and that I
would review it in the near future. I also stated that I would require our standard 14 feet
wide gravel access road over the water main as a condition of plan approval. As you
should recall, this is the City's standard requirement for all public water and sewer mains
located in unimproved areas.
I am advising you that prior to any user connection to the Municipal sanitary sewer
system, all man hole lids must be raised to finished grade and must have all weather
access from the gravel access road proposed to be constructed over the water main. The
"T " type turnarounds used on the gravel access roads, for the portion of your project
West of Eagle Road are acceptable. A flare or bulb type design is also acceptable, as the
200 East Carlton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887-2211 • Fax (208) 887-1297
CITY OF MERIDIAN
ROBERT D. CORRIE COUNCIL MEMBERS
Mayor PUBLIC WORKS / BUILDING DEPARTMENT CHARLES M. ROUNTREE
GLENN R. BENTLEY
GARY D. SMITH, P.E. RON ANDERSON
Public Works Director KEITH BIRD
water main & gravel access road will parallel the sanitary sewer line. The standard road
section for off site access consists of 10 inches of/4" road mix or equivalent on a stable
subgrade.
If you have further questions or concerns please don't hesitate to phone me.
Sincerely,
Rick Clinton
Engineering Technician
cc: Mayor Corrie
Ron Van Auker, Van Auker Construction
Raymond Voss, Meridian Fire Department
Jim Carberry, Meridian School District
Wayne Thowless, Leatham & Krohn Architects
Shari Stiles, Meridian Planning & Zoning
Gary Smith
City Engineer
200 East Catton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887-2211 • Fax (208) 887-1297
March 24, 1999
Meridian City -Rural rz_
Volunteer Fire De artment
P
716 Meridian St. — Meridian, Idaho 63642
Phone (208) 888-1234
Leatham & Krohn Architects and Meridian School Dist.
Re: Second Emergency Access Road for the New Middle School
Dear Sirs,
This letter is to inform you that the Meridian Fire Department can use the access
road that will be over the main water line from Eagle Road to the Middle School as an
Emergency access road.
These requirements will have to be met. The road will need to be open for access
24 hours a day and snow removed during the winter months. If these requirements can be
met, we will use this access as a second way into the school.
At this time, we would like to see Pine St. build as soon as possible.
If we can be of any further help, please call.
Ra and L Voss
Fire Marshal
CERTIFICATE OF ZONING COMPLIANCE
& PLAN REVIEW CHECKLIST
City of Meridian
Planning & Zoning Dept.
Project:
Contact:
❑ 3 copies of site plan submitted
❑ Copy of ACHD approval letter (if applicable*)
Review Date:
Zone
Site Review/Conforming
Elements
Comments
O.K.
4
1. Zoning District (permitted
use, CUP, AUP, variance, etc.
/
✓
2. Floodplain District
3. Landscaping
a) # of Trees (l, 3" cal. per
1,500 s.f of asphalt)
b Plant Species Listed
Ott
c Required Strips/Screens
/
3. Off -Street Parkin
a) # of Stalls (dimensions,
etc
tai rov. x 'L 102 SralaA
b) Handicap Stalls (van
accessible, aisles, signs)
c Aisles
4. Trash Areas
a Location
b 3 -Side Screening
5. Underground Irrigation"
6. Sidewalks/Paths
7. Roadways (R -O -W
dedications, etc)
/
V/
-8. Lot Requirements
a) Lot Area
b) Street Frontage
c) Set -backs
d) Coverage
* ACHD approval letter required for curb cuts, road widening, any new projects.
44'?
* * Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City land for a
well.
** City permits a 1 -time hook-up to municipal water for irrigation per site.
** Trees may not be planted in sewer easements.
CAP&ZadminTorms\CZC Checklist
- ✓ 1
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