Meridian Joint School District No. 2 AZ
M........t,.."'..~...\\\. \~. .~I~ RECORDED.REQUE~TOF.. .
ADA COUNTY WECORDER ~
J. ~~YJO~~XA§RO fEE~DEPUTY.
DEVELOP. MEÑT A~REEMENT ~'1f~ 9 9 0') 8 7 8 I
1999 HR 25 PI'! I: II (;.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this 16~ day of m~ , 1999, by and between
CITY OF MERlDIAN, a municipal corporation of the State of Idaho, hereafter
called "CITY", and MERlDIAN JOINT SCHOOL DISTRlCT NO.2,
hereinafter called "DEVELOPER", whose address is 911 Meridian Street,
Meridian, Idaho 83642.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
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
WHEREAS, Lc. §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
WHEREAS, CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 1 I-2-417D, which
authorizes development agreements upon the annexation and/or
re-zoning of land; and
WHEREAS, DEVELOPER has submitted an application for
annexation and zoning of the Property's described in Exhibit A,
and requested a designation of Low Density Residential. IR-4) ,
11-2-408 (B) (3) (Municipal Code ofthe City of Meridian), and
has submitted a site plan in connection with the development of
the property, which site plan is subject to specified terms and
conditions, has been recommended for approval by the Meridian
Planning & Zoning Commission to the Meridian City Council;
and
WHEREAS, DEVELOPER made representations at the public
hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject Property will be developed and what improvements will
be made; and
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings request for annexation and
zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the
City Council, include responses of government subdivisions
providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
WHEREAS, City Council, the 2nd day of March, 1999, has
approved certain Findings of Fact and Conclusions of Law of the
Planning and Zoning Commission and Decision and Order, set
forth in Exhibit B, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter referred to
as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
WHEREAS, DEVELOPER deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, CITY requires the DEVELOPER to enter into a
development agreement for the purpose ensuring that the
property is developed and the subsequent use of "the Property"
is in accordance with the terms and conditions of this
development agreement, herein been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
PAGE
2
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
2.
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
4.
The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance Low Density Residential
IR-4) codified at section 11-2-408 (B) (3) Municipal Code of the
City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only
the uses and/or conditional uses described in the above referenced
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
4.1
DEVELOPER shall develop subject Property including the
obtainance of the appropriate permits and compliance with CITY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
4.1.1 That DEVELOPER, in accordance with its representations
before the CITY, shall, on the land described in Exhibit A,
construct and develop a new Meridian Elementary School
as specified on the preliminary plat.
4.1.2. The site is currently landlocked with no public road access.
Access to the site is proposed and shall be contingent upon
the applicant obtaining a right-of-way and constructing a
public road, which right-of-way shall also be used for
public utilities in accordance with the standards of the Ada
County Highway District which public road shall be in and
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
run adjacent to the northwest boundary of the real
property to the south of the subject property, a distance
sufficient to provide access to the public streets within the
Packard Subdivision in accordance with the approved plat
thereof which is located in the parcel to the southwest of
the subject real property, and as emergency access only to
the subject property from Eagle Road, subject to Ada
County Highway District requirements. The access
location also should be considerate of the residents in
Carol's Subdivision to the north and should not be
adjacent to their lots. Adequate pedestrian and bicycle
access also needs to be provided to the site.
4.1.3 Any existing irrigation/drainage ditches crossing or adjacent
to the property shall be tiled per City Ordinance 11-9-605
M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the
Public Works Department. The Stokesberry Lateral runs
across the southern boundary of the site. No variances
have been requested for tiling of any ditches crossing this
project.
4.l.4 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape
irrigation.
4.1.5 Sanitary sewer service to the proposed site is not currently
available. It has been proposed that sewer could be
provided through the Packard Subdivision via the lift
station being constructed for that development. Design,
routing and appropriate easements need to be coordinated
with the Public Works Department.
4.1.6 Water service to the proposed site is not currently
available. Service may be able to be extended through the
Packard Subdivision site. Design, routing and appropriate
easements need to be coordinated with the Public Works
Department. Provide the Public Works Department with
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
4
information on anticipated fire flow and domestic water
requirements for the proposed site.
4.1.7 The treatment capacity of the City of Meridian's
Wastewater Treatment Plant is currently being evaluated.
Approval of this application needs to be contingent upon
the City's ability to accept the additional sanitary sewage
generated by this proposed development.
4.1.8 Water service to this development is contingent upon
positive results from a hydraulic analysis by the City's
computer model. Flow and pressure from the existing
mains should be monitored with the Meridian Water
Department to determine whether a booster pump would
be required to provide adequate fire protection.
4.1.9 Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, water
and sewer "Late Comers" fees will also be charged against
this parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current
points.
4. 1. lOParticular attention will need to be paid to lighting plans
to ensure that lights do not cause glare or impact adjacent
residential properties or the traveling public, as determined
by the Meridian Public Works Department.
4.l.11 Comply with requirements of ITD for State Highway 55
(Eagle Road) frontage. Submit to the ACHD a letter from
ITD regarding said requirements prior to ACHD approval
of a building permit (or other required permits).
4. 1. 12 Utility street cuts in the new pavement are not allowed
unless approved in writing by the ACHD.
4.1.13The Eagle Road Access Study identified temporary full-
access intersection approximately 1,320-feet, 1,980-feet
and 2,640-feet north of Fairview Avenue. The access
intersections would be restricted to right-in/right-out
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
operation as traffic volumes on Eagle Road increased.
Coordinate the access locations with ACHD staff. The site
shall be designed to have full street access from the interior
of the section.
4.1.14As required by ACHD policy, restrictions on the width,
number and locations of driveway, shall be placed on
future development of this parcel.
4.1.15 The Applicant obtain written approval from the
appropriate entities, for the central sewage and central
water plans.
4.1.l6 The developer must contact John P. Anderson or Bill
Henson at the Nampa & Meridian Irrigation District for
approval before any encroachment or change of right-of-
way occurs.
6.'
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, notify
the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development
Agreement and all other ordinances of the City that apply to said
Development.
7.
COMPLIANCE PERlOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
therjpf:.... Provided, however, no such consent to rezone shall occur
unl~ITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
6
8.
9.
10.
11.
REOUIREMENT 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.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
DEFAULT
lO.l In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections with the Property, this Agreement may be
modified or terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by CITY of any default by DEVELOPER of anyone 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.
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.
ll.l 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
PAGE
7
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
l2.
l3.
14.
IS.
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
ll.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.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under ll-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
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.
Notices: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered
or three (3) days after deposit in the United States Mail, registered or
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
16.
17.
18.
certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian City
200 E. Carlton, Suite 101
Meridian, ID 83642
Meridian Joint School District No.2
91l Meridian Street
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
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.
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.
Binding upon Successors: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns
and personal representatives, including CITY's corporate authorities and
their successors in office. This Agreement shall be binding on the owner
of the Property, each subsequent owner and each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any
PAGE
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
9
19.
20.
21.
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.
Invalid Provision. If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to
be excised therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and
CITY relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express
or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to
CITY, to a duly adopted ordinance or resolution of CITY.
20.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
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 C!f:rk.
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
BY:
Attest:
BY RESOLUTION NO.
CITY OF MERIDIAN
Attest:
1~ße.tj-
City Clerk
BY RESOLUTION NO.
DEvELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
11
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this~ day of 1/V1¡¡¡rclA , in the year 1999, before me,
Ptiltv ¡,,¡.... A. )) ,tJliUl4\.- a Notary Public, personally appeared
amr WII.IA.It Hebldi ,known or identified tome, to be the
ct.u.¡~nAáJA Ðf -Ik. boo.YÁ aRCt , 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.
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Commission expires: ó-J.7-;l()o3
STATE OF IDAHO)
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County of Ada
~On ttüs.1k- day o~, in the year 1999, before me,
~ (.3\~ , a Notary Public, personally appeared Robert D.
Corrie nd Wilham 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.
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msfD:IMyFileslMe~rM:~ City FilelMericlian Joint School Oist. No.2 (AZ)IMericlian School Dist No.2 DEV
AGMNT.wpd
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
12
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
13
./
\ I
I
EXHIBIT 'A'
file Number. P146436
A PARCEL OF lAND BEING APOi\TION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
5, TOWNSHIP 3 NORTH, RANGE 'I EAST, BOISE MERIDIAN, M:JA COUNTY, IDAHO; SAID PARCEL BEING
MORE PARTICULARLY DESCRIBE'D AS FOlLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTeRLY
BOUNDARY UNE OF SAID SECTI :>N,
SOUTH 0 DEGReES a¡;os" WEST. 2.611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4
OF THE NORTHEAST 1/4. SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT;
THENCE ALONG THE SOUTHERL.Y BOUNDARY UNE OF SAID SOUTHEAST 1/4 OFTHE NORTHEAST 1/4,
NORTH 89 DEGREES 40'37' WEST, 372.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUlNG ALONG SAID SOUl'HERLY BOUNDARY UNE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST
'/4, NORTH 99 DEGFlEES 4Ð'3T' 'NEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK
2 OF CAROL'S SUBDIVISION NO.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK
3Ð OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE
ALONG THE EASTERLY UNE OF SAID CAROL'S SUBDIVISION NO. 2,
NORTH 0 DEGREES 19'12" EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY UNE OF
LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED
IN BOOK 38 OF PLATS AT PAGE 3164 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO:
THENCE ALONG THE SOUTHERLY UNE OF SAID CAROL'S SUBDIVISION
SOUTH 89 DEGREES 10'00' &.8", 699.78 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 36'05' WEST. 354.16 FEET TO A POINT; THENCE
SOUTH 89 DEGRæS 40'37' EAS", 105.00 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 36'05' WEST, 50.00 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 40'37' EAS1", 143.00 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 36'05' WEST, 250.00 FEET TO THE TRUE POINT OF BEGINNING.
f;
END OF LEGAL ŒSCRIPnON
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO. 2
PAGE
14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION)
OF MERIDIAN JOINT SCHOOL DISTRICT)
NO.2, WEST SIDE OF EAGLE ROAD )
BETWEEN FAIRVIEW & USTICK ROAD, THE)
APPLICATION FOR ANNEXATION AND)
ZONING OF12.21 ACRES, MERIDIAN, IDAHO)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application. having come on for public
hearing on December 15,1998, at the hour of 7:30 o'clock p.m., and the Applicant, Jim
Carberry appearing on behalf of the Meridian Joint School District No.2, having appeared
and testified and the City Council having continued the public hearing to January 19, 1999,
and the matter again coming before the City Council for public hearing on January 19, 1999,
and it was therein requested to be continued and no one objecting and the same was
continued until February 2, 1999, and the matter again coming before the City Council for
public hearing on February 2, 1999, and it was therein requested to be continued and no
one objecting and the same was continued until February 16,1999, and the matter again
coming before the City Council for public hearing on February 16, 1999, at the hour of 7:30
o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning
Administrator, and the Applicant having appeared and testified by Kent C. Krohn, of
Leatham & Krohn Architects of 1735 Federal Way, Boise, Idaho, and Jim Carberry for
Meridian Joint School District No.2, for further clarification regarding the issue of access
having been received from Gary Smith, City Engineer, and persons having appeared and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
testifying to safety concerns for children crossing Eagle Road, and the need for access to
the subject real property from other directions and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
December 15, 1998, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three hundred
(300') feet of the external boundaries of the property under consideration more than fifteen
(15) days prior to said hearing and with the notice of public hearing having been posted
upon the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by the City
Council at the December 15, 1998, and the same having been continued in open session to
January 19, 1999, and again being continued to February 2, 1999, and again to February
16, 1999, at which time a continued public hearing on this matter was held and the
Applicant, affected property owners, and govemment subdivisions providing services within
the planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I
MERIDIAN JOINT SCHOOL DISTRICT NO.2 I ELEMENTARY SCHOOL
2.
There has been compliance with all notice and hearing requirements set forth
in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417 A, Municipal Code
of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for annexation and zoning
is described in the application, and by this reference is incorporated herein as if set forth in
full.
5.
The property is approximately 12.21 acres in size. The property is located on
the west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho.
6.
The Applicant is the record owner of the property and has filed a written
request for annexation and zoning.
7.
The property is presently zoned by Ada County as Rural Transition (RT), and
is primarily open land.
8.
9.
The Applicant requests the property be zoned (R-4), Low Density Residential.
The Applicant has requested the annexation and zoning, and the application
was not initiated at the request of the City of Meridian.
10.
The subject property is located off of Eagle Road between Fairview and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
Ustick, with the Carol's Subdivision to the north and west property lines. The proposed site
of the subject property is adjacent to and west of Eagle Road. The proposed site is one-half
mile north of Fairview Avenue.
11.
The city limits of the City of Meridian are adjacent and abut on the west side
of the subject property.
12.
The land within the proposed annexation is contiguous to the present city
limits of the City of Meridian, and the annexation would not be a shoestring annexation.
13.
The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
14.
The entire parcel ofthe property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
15.
The Applicant proposes to develop the subject property in the following
manner: Construct and develop a new Meridian Elementary School.
16.
Traffic volume on Eagle Road is quite high and serves as a major interchange
and north/south collector with Interstate 1-84.
17.
Giving due consideration to the comments received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed:
17.1 The site is currently landlocked with no public road access. Access to the site
is proposed and shall be contingent upon the applicant obtaining a right-of-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
way and constructing a public road, which right-of-way shall also be used for
public utilities in accordance with the standards of the Ada County Highway
District which public road shall be in and run adjacent to the northwest
boundary of the real property to the south of the subject property, a distance
sufficient to provide access to the public streets within the Packard
Subdivision in accordance with the approved plat thereof which is located in
the parcel to the southwest of the subject real property, and as emergency
access only to the subject property from Eagle Road, subject to Ada County
Highway District requirements. The access location also should be
considerate of the residents in Carol's Subdivision to the north and should not
be adjacent to their lots. Adequate pedestrian and bicycle access also needs
to be provided to the site.
17.2 Any existing irrigatio"n/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should
be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department. The
Stokes berry Lateral runs across the southern boundary of the site. No
variances have been requested for tiling of any ditches crossing this project.
17.3 Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
17.4 Sanitary sewer service to the proposed site is not currently available. It has
been proposed that sewer could be provided through the Packard Subdivision
via the lift station being constructed forthat development. Design, routing and
appropriate easements need to be coordinated with the Public Works
Department.
17.5 Water service to the proposed site is not currently available. Service may be
able to be extended through the Packard Subdivision site. Design, routing
and appropriate easements need to be coordinated with the Public Works
Department. Provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the proposed site.
17.6 The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the additional sanitary sewage
generated by this proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
17.7 Water service to this development is contingent upon positive results from a
hydraulic analysis by the City's computer model. Flow and pressure from the
existing mains should be monitored with the Meridian Water Department to
determine whether a booster pump would be required to provide adequate
fire protection.
17.8 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
17.9 Particular attention will need to be paid to lighting plans to ensure that lights
do not cause glare or impact adjacent residential properties or the traveling
public, as determined by the Meridian Public Works Department.
17.10 A development agreement shall be required as a condition of annexation.
17.11 Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage.
Submit to the ACHD a letter from ITD regarding said requirements prior to
ACHD approval of a building permit (or other required permits).
17.12 Utility street cuts in the new pavement are not allowed unless approved in
writing by the ACHD.
17.13 The Eagle Road Access Study identified temporary full-access intersection
approximately 1 ,32D-feet, 1 ,98D-feet and 2,64D-feet north of Fairview Avenue.
The access intersections would be restricted to right-inlright-out operation as
traffic volumes on Eagle Road increased. Coordinate the access locations
with ACHD staff. The site shall be designed to have full street access from
the interior of the section.
17.14 As required by ACHD policy, restrictions on the width, number and locations
of driveway, shall be placed on future development of this parcel.
17.15 The Applicant obtain written approval from the appropriate entities, .for the
central sewage and central water plans.
17.16 The developer must contact John P. Anderson or Bill Henson at the Nampa &
Meridian Irrigation District for approval before any encroachment or change of
right-of-way occurs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
17.17 Applicant prepare the legal description for the annexation included in the
application with legal description and submit an annexation permit or legal
description for the proposed site.
17.18 Applicant enter into a development agreement that provides in the event the
conditions are not satisfied by the developer that the property shall be subject
to de-annexation with the City of Meridian.
18.
It is found that if the developer pays for the requested improvements and
complies with the conditions set forth in these findings of fact no. 17, and all subparts, the
economic welfare of the City and its residents and tax and rate payers will be protected,
which requirement shall be included in a development agreement, a condition of
annexation and zoning designation.
19.
it is found that the following are development considerations which must be
taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is harmonious and appropriate
in appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the
existing, or future neighboring uses, particularly considering the impact of proposed
development on potential to produce excessive traffic, noise, smoke, fumes, glare and
odors:
19.1
Particular attention will need to be paid to lighting plans to ensure that lights
do not cause glare or impact adjacent residential properties or the traveling
public, as determined by the Meridian Public Works Department.
19.2 A development agreement may be required as a condition of annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
19.3 The site is currently landlocked with no public road access. Access to the
site is proposed and shall be contingent upon the applicant obtaining a
right-of-way and constructing a public road, which right-of-way shall also be
used for public utilities in accordance with the standards of the Ada County
Highway District which public road shall be in and run adjacent to the
northwest boundary of the real property to the south of the subject property,
a distance sufficient to provide access to the public streets within the
Packard Subdivision in accordance with the approved plat thereof which is
located in the parcel to the southwest of the subject real property, and an
emergency access only to the subject property from Eagle Road, subject to
Ada County Highway District requirements. The access location also should
be considerate of the residents in Carol's Subdivision to the north and
should not be adjacent to their lots. Adequate pedestrian and bicycle
access also needs to be provided to the site.
19.4 Any existing irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The Stokesberry Lateral runs across the southern boundary of
the site. No variances have been requested for tiling of any ditches
crossing this project.
19.5 The Eagle Road Access Study identified temporary full-access intersection
approximately 1,320-feet, 1,980-feet and 2,640-feet north of Fairview
Avenue. The access intersections would be restricted to right-in/right-out
operation as traffic volumes on Eagle Road increased. Coordinate the
access locations with ACHD staff. The site shall be designed to have full
street access from the interior of the section.
19.6 As required by ACHD policy, restrictions on the width, number and locations
of driveway, shall be placed on future development of this parcel.
19.7 Applicant enter into a development agreement that provides in the event the
conditions are not satisfied by the developer that the property shall be
subject to de-annexation with the City of Meridian.
20.
It is the policy of the City Council that agreements are difficult to enter into
prior to annexation ordinances being passed; as such the Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
Commission recommends that if the City Council deems a development agreement
necessary such agreement should be entered into prior to the passage of an annexation
and ordinance of zoning designation and prior to issuance of any building permits.
21.
The Applicant's requested zoning of the subject real property as Low
Density Residential (R-4) is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single-Family
Residential.
22.
The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
23.
The development of the property as a (R-4) Low Density Residential District,
as requested by the Applicant, will be compatible to the development in the surrounding
area subject to the conditions of development herein found to be reasonable in relation to
the requested zone (R-4) Low Density Residential District and is accordance with the
adoptive Comprehensive Plan of the City of Meridian.
24.
There are no major or scenic features of major importance that affect the
consideration of this application.
25.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
follows:
25.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-quality
development. Enhancement of Meridian's quality of life for all residents is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
achieved by applying the criteria of the Comprehensive plan and the Zoning
ordinances of the City to all applications such as the subject application.
25.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
25.3 School and subdivision developments will be jointly planned and sited to
insure mutual benefits and neighborhood identity.
25.4 The application is consistent with Meridian's self identity.
25.5 The preservation and improvement of the character and quality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to the subject application.
25.6 Compliance with the requests of the Political subdivisions providing services,
assures that community services are being provided for existing and
projected needs and that the land use patterns of the City are balanced to
insure that revenues pay for services and that the Urban Service Planning
Area is visually attractive, efficiently managed and clearly identifiable.
25.7 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and the
Zoning ordinances of the City to the subject application.
26.
The property can be physically serviced with City water if the Applicant
extends the line.
27.
Applicant shall submit an annexation perimeter legal description for the
proposed site. The legal description shall include all those portions of adjacent public rights-
of-way contiguous to the Corporate City Limits ofthe City of Meridian (Ord. No. 659, 8/2/94),
and Y, of all other adjacent Public right-of-ways. The legal description shall be prepared by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 158.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request
for annexation and the real property being contiguous or adjacent to city boundaries and
that said property lies within the area of city impact as provided by Idaho Code Section 50-
222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set forth in
the City's Comprehensive Plan.
2.
The Commission may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided
by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by
the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord.
No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
1.
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
1.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
1.2
To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
1.3
To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
1.4
To provide housing opportunities for all economic groups within
the community.
1.5
To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
1.6
To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
1.7
To provide community services to fit existing and projected
needs.
1.8
To establish compatible and efficient use of land through the use
of innovative and functional site design.
1.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
1.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
2.
Under SCHOOL SITING GOAL STATEMENT at page 13
School and subdivision developments will be jointly planned and sited
to ensure mutual benefits and neighborhood identity.
SITING POLICES at page 13 and 14
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
Schools should be planned with two concerns in mind:
a.
Schools should be protected from incompatible uses;
and,
b.
Elementary and intermediate primary schools should be
the focal point of community development.
School sites should be selected to avoid limiting physical
features and other hazards detrimental to the safety of children
and to the general operation ofthe school.
School sites should be reserved for future acquisition in
advance of development of planned land use. Approval of
subdivision plats may be withheld if adequate school facilities or
sites are not available to serve the proposed subdivision.
School sites should be large enough to accommodate possible
future building expansion and recreation needs.
New development should provide for adequate pedestrian and
bicycle access for school children within residential
neighborhoods to minimize busing.
Increased traffic should be discouraged on streets where
existing elementary schools are located.
Widening and the general upgrading of streets should not be
considered when it will have a negative impact upon schools.
Secondary schools Uunior and senior high schools) should
have direct access onto a collector or minor arterial
thoroughfare.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDiAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
3.9
3.10
3.11
3.12U
3.13U
3.14U
The policy of sharing sites for parks with schools should be
encouraged.
A vocational-technical school shall be encouraged to locate in
the Urban Service Planning Area. Such a school should locate
in close proximity to an Industrial Review Area and to an
interchange of a primary or minor arterial with 1-84.
The City of Meridian supports the School District's investigation
of the feasibility offees-in-lieu-of-Ianddedication by sponsors of
new residential housing. Such fees would be dedicated to the
acquisition and/or development of public school sites and
facilities.
Coordinate City and School District efforts to identify and
acquire future school sites and adjacent open areas.
Coordinate school site planning with adopted utility master
plans prior to school site acquisition.
Share information between the School District and City staff
regarding land development proposals.
3.
Under TRANSPORTATION, Page 43
Existing Conditions
a.
Eagle Road north of Overland Road is designated as a
principal arterial.
4.
Under COMMUNITY DESIGN, at Page 71
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
Special Communitv Desiqn Areas Goal Statement
2.1 U Require businesses and government to install and
maintain landscaping.
2.2U Encourage area beautification through uniform sign
design that enhances the community.
2.3U Encourage the beautification of streets, parking lots,
public lands, and state highways.
2.5U Encourage the use of attractive open space, landscaping,
lighting, and street furniture for the benefit of the public.
Qualitv of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances rather than detracts
from the visual quality of its surroundings, especially in areas of
prominent visibility.
5.
The requested zoning of Low Density Residential District, (R-4) is defined in
the Zoning Ordinance at 11-2-408 B. 3. as follows:
IR-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for Planned Residential
Development and public schools. The purpose of the (R-4) District is to permit the
establishment of low density single-family dwellings, and to delineate those areas
where predominately residential development has, or is likely to occur in accord with
the Comprehensive Plan of the City, and to protect the integrity of residentiai areas
by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District
allows for a maximum of four (4) dwelling units per acre and requires connection to
the Municipal Water and Sewer systems of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
6.
That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides
as follows:
Each such ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision.
7.
That pursuant to the authority of the Idaho State Legislature, the City may
impose either a development fee or a transfer fee on residential property, which, if possible,
would be retroactive and apply to all lots in the City, because of the imperilment to the
health, welfare, and safety of the citizens of the City of Meridian.
8.
That Section 11-9-605 G 1. states as follows:
Planting strips shall be required to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet (20') wide, and shall
not be a part of the normal street right of way or utility easement.
9.
That Section 11-9-605 L states, in part, as follows:
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch
either or both sides of the area being subdivided, shall be covered and enclosed with
tiling or other covering equivalent in ability to detour access to said ditch, lateral or
canal.
10.
That 11-9-607 A, of the Subdivision Ordinance, states in part as follows:
The City's policy is to encourage developers of land development and construction
projects to utilize the provisions of this Section to achieve the following:
1.
A development pattern in accord with the goals, objectives and
policies of the Comprehensive Plan. . , .;
FINDINGS OF FACT AND CONCLUSIONS OF LAW -16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
5.
A more convenient pattern of commercial, residential and industrial
uses as well as public services which support such uses.
11.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho
Falls, 105 Idaho 65, 665 P2d 1075 (1983).
12.
The development ofthe annexed land, if annexed, shall meet and comply with
the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which
pertains to development time schedules and requirements; Section 11-9-605 M, which
pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized
irrigation systems.
13.
The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
14.
Section 11-2.417 D of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
15.
As a condition of annexation and the zoning of (R-4) Low Density Residential,
the Applicant may be required to enter into a development agreement as authorized by
Sections 11-2-416 Land 11-2-417 D of the real property, which is the subject of this
application, prior to the passage of an annexation and ordinance of zoning designation; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
the Applicant enter into a development agreement for the development of the subject
property, condition of annexation, a condition of zoning (R-4) Low Density Residential,
authorized by Sections 11-2-416 Land 11-2-417 D, Municipal Code of the City of Meridian.
As an alternative to entering into a development agreement Applicant may be required to
submit detailed site plans for review by the Planning and Zoning Commission or City
Council for approval.
16.
Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
16.1 If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment conceming the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. Applicant prepare the legal description for the annexation included in the
application with legal description which references the recognized government corners. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by the State
of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158.
The legal description for annexation must place this parcel contiguous to the Corporate City
Limits per Ordinance No. 686.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO. 2/ ELEMENTARY SCHOOL
2. That the City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the annexation and zoning designation. (R-4) Low Density
Residential District Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
3.
Developer enter into a Development Agreement, that provides in the event the
conditions therein are not met by the Developer that the property shall be subject to de-
annexation, with the City of Meridian which provides for the following conditions of
development to-wit:
3.1
3.2
3.3
The site is currently landlocked with no public road access. Access to the site
is proposed and shall be contingent upon the applicant obtaining a right-of-
Way and constructing a public road, which right-of-way shall also be used for
public utilities in accordance with the standards of the Ada County Highway
District which public road shall be in and run adjacent to the northwest
boundary of the real property to the south of the subject property, a distance
sufficient to provide access to the public streets within the Packard
Subdivision in accordance with the approved plat thereof which is located in
the parcel to the southwest of the subject real property, and as emergency
access only to the subject property from Eagle Road, subject to Ada County
Highway District requirements. The access location also should be
considerate of the residents in Carol's Subdivision to the north and should not
be adjacent to their lots. Adequate pedestrian and bicycle access aiso needs
to be provided to the site.
Any existing irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should
be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department. The
Stokesberry Lateral runs across the southern boundary of the site. No
variances have been requested for tiling of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
3.5
3.6
3.7
3.8
3.9
3.4
Sanitary sewer service to the proposed site is not currently available. It has
been proposed that sewer could be provided through the Packard
Subdivision via the lift station being constructed for that development.
Design, routing and appropriate easements need to be coordinated with the
Public Works Department.
Water service to the proposed site is not currently available. Service may be
able to be extended through the Packard Subdivision site. Design, routing
and appropriate easements need to be coordinated with the Public Works
Department. Provide the Public Works Department with information on
anticipated fire flow and domestic water requirements for the proposed site.
The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the additional sanitary sewage
generated by this proposed development.
Water service to this development is contingent upon positive results from a
hydraulic analysis by the City's computer model. Flow and pressure from the
existing mains should be monitored with the Meridian Water Department to
determine whether a booster pump would be required to provide adequate
fire protection.
Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
Particular attention will need to be paid to lighting plans to ensure that lights
do not cause glare or impact adjacent residential properties or the traveling
public, as determined by the Meridian Public Works Department.
3.10 A development agreement shall be required as a condition of annexation.
3.11 Comply with requirements of ITD for State Highway 55 (Eagle Road)
frontage. Submit to the ACHD a letter from ITD regarding said requirements
prior to ACHD approval of a building permit (or other required permits).
3.12 Utility street cuts in the new pavement are not allowed unless approved in
writing by the ACHD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
3.13 The Eagle Road Access Study identified temporary full-access intersection
approximately 1 ,320-feet, 1 ,980-feet and 2,640-feet north of Fairview Avenue.
The access intersections would be restricted to right-in/right-out operation as
traffic volumes on Eagle Road increased. Coordinate the access. locations
with ACHD staff. The site shall be designed to have full street access from
the interior of the section.
3.14 As required by ACHD policy, restrictions on the width, number and locations
of driveway, shall be placed on future development of this parcel.
3.15 The Applicant obtain written approval from the appropriate entities, for the
central sewage and central water plans.
3.16 The developer must contact John P. Anderson or Bill Henson at the Nampa
& Meridian Irrigation District for approval before any encroachment or change
of right-of-way occurs.
3.17 Applicant enter into a development agreement that provides in the event the
conditions are not satisfied by the developer that the property shall be subject
to de-annexation with the City of Meridian.
It is therefore concluded that the annexing and zoning of the property is in the best
interest of the City of Meridian, and it is concluded that the annexation shall be
conditioned upon meeting the requirements of this Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the
issuance or denial of the annexation and zoning may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held February 16, 1999.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
VOTED cíü
(j
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
VOTED
COUNCILMAN GLENN BENTLEY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ;-2-qq
MOTION:
APPROVED:~
DISAPPROVED:
Copy seIVed upon Applicant, the Planning and Zoning Department and the Public Works
~;¡~,Q
City Clerk' ,
Dated: 3- Z -q1
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING APPLICATION RECEIVED
FOR ANNEXATION & ZONING /
MERIDIAN JOINT SCHOOL DISTRICT NO.2 / ELEMENTARY SCHOOL MAR - 2 1999
arY Of MERIDIAN