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Lewis & Clark Middle School PARTIES: 1. 2. 1M. .e... C-.. ¡ .1). J thJ. C /fí¡ R.ECORDED' REQUEgST O. f. . ADÅ 'cOUN]V..t\tCoaoER J'~~Y~~,~ôÀ~ro fEE~DEPUTV ' DEVELOPMENT AGBEEMENT dr14d 9 9 0 6 0 5 5 7 ImJN n P" 1:25 "TO City of Meridian Joint School District No.2 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I !i~ day of J ~ ,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 1.2 1.3 1.4 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, 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 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-4161 and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 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 & Zoning Commission and before the Meridian City Council, as to how the subject "Property" DEVELOPMENT AGREEMENT - I .1 1.6 l.7 1.8 1.9 will be developed and what improvements will be made; and 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 WHEREAS, City Council, the 20th 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 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "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 II, 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 3.2 3.3 "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. "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) ofthe "Property" . "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 4.2 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance. 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 (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 "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 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 ofthe 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". 5.1.13Tile 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. DEVELOPMENTAGREEMENT-8 5. 1. I 4 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. I 6 Dedicate 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 ofthe "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 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 setbacl( 25 feet from the centerline of the transmission line. Depending on a particular building site's proximity to a transmission pole, buildings or structures maybe 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 groundinglbonding installed by the builder to eliminate any effects of electrical induction. Buildings or structures may require groundinglbonding 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 groundinglbonding 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. 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 DEVELOPMENT AGREEMENT - II 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. II. 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 ofthis 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 ofthe 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: DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Joint School District No.2 911 Meridian Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - 13 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's 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 Clerk. DEVELOPMENT AGREEMENT - 15 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: MERIDIAN JOINT SCHOOL DISTRICT NO.2 B. ntendent Approved by Board of Trustees Joint School District No.2 June 14, 1999 Attest: ~~/Z~c;. BY RESOLUTION NO. 2-:3 7 DEVELOPMENT AGREEMENT - 16 CITY OF MERIDIAN 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 tome, 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. (SEAL) .."", ""'" ,...,. h. .DC,"""" ", ,..'\Þ-."'-";'~ ^ 'G! .: ~"..' ~.."" \. . 1&'-s.o1}Jl.Y .~\ ~ ~ i ....", 1 ire -. ;\.c. II %...~. PUB\>' J 0 ¡ ~.,. ".. -",IS r:' '-" ~......., ~~J' 1""", :ío:I7',E ot .,." ',,'........... ~tl.~ Notary Public for Idaho Commission expires: 03/27/2003 STATE OF IDAHO) :ss County of Ada) ~ On this Jí day of rve , in the year 1999, before me, ~ .~..~"YY\..s , a Notary Public, personally appeared Robert D. Corri 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. ~ ~JzJ ' Ii T h\\ l 1m£) f~~O A./t)- i \ Not P licforldaho = * , -.- c, I * Ë Commission expires: I D/ J 51 ;;){)/)"J '$ \ J>UB15 , i . , \<p"o... ",0$ "~':.1 ;e....... 'f><t5 ,...., msgiZ:~~å~~"15360M\School Dist\Middle School Pine (Van Auker)lDeveiopAgrSchoolDist ""111"~~' DEVELOPMENT AGREEMENT - 17 ., EXHIBIT A Legal Description Of Propert;y . DEVELOPMENT AGREEMENT - 18 /& 1295 S. Eagle Flight Way Boise. JD 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 TOWNSillP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel ofland 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 comer of said Southeast Quarter of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho; thence along the Northerly boundary of said Southeast Quarter of Section 9, North 89°10'38" 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 of253.94 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 of2452.00 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 Engioccrs.lnc.. an Idaho Corporation ~~-.-..-..',."...>.".:" ~- '.'<!" .', " ,.,..' thence continuing along said Northerly right-of-way, North 89°56'30" 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 ofland. Prepared by: PACIFIC LAND SURVEYORS 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 l/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R. l.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 Au.gust 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 ?indings 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) consecut~ve weeks prior to the said public hearing scheduled for Augus;: 6, 1994, the first publication of which was fifteen (l5) 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 a9plication for annexation and zoning is described in the application, and by this reference is incorporated herein; that the prCJper;:y .:.s VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW P.'\.GE 1 approximately l72 acres in size. That the property is presently zoned by Ada County as M-l Industrial and RT Rural Transition residential; that the Applicant 3. 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 (ACED), 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 22 acre parcel for a school and the Applicant was also interested in a VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 .. school in the area; that Mr. Jones had 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 t~e 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. b. c. d. 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. 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. Carl Hatvani testified concerning the ditch problems that he had had in the area. Mike Shrewsberrj 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 mixed 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 thinGs that have haooened in one of the areas zoned Licht industrial; he pr~~osed that if there are uses that ~he City does not VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 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 carrent Meridian Zoning Ordinance with a few suggested changes and asked the City Council to review this and mark it as to how the City would like to limit the Applicant's uses. . 2. Rich Allison testified basically the wav that he did at the PlanninG and Zoning Bear~ng but- added that he supported the Applicant not r.aving to get conditional uses. 3. Ron VanAuker te~tified that all of the property was not hi,,; that the General Service Administration was a proposed user; that he percei'J'ed the conditional use requirement a" unnece"sary; that the conditional use proc"dure adds uncertainty to de"elopl~ent, a lot of delay in development, and 1:he prospective tenants are not willing to wai1:: 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 wanted te avoid the conditional us~ process. 5. Carmen ~iayes testified that there ',.¡ere too many ragl) L-,ement.s on the application; thë!1: conàitional uses we~e a seape goat for what is not a listed use and ~t is used to discri!:1inate; tha.t she questioned the tilinG of wate=-,.¡ays; and thë!1: she was in f~ver of the Application. 6. ~wain Edmonds stated that he b&= a 15,~OO sauare foot machlne shop on five acres, that a conditional-use woulà be a bad requirement. 7. John Jackson stated that he owned prop~rty to the north of the Applic::.nt' s property and was not part of the Applican~'s development. 8. Corn~ll Larsen testified that he was a =ealtor; that he encouraqeà that City not 1:0 use conditional uses; that Ada Cou~t'1 Gces net- =eauire condi t)onal uses; that the cost to the City to usê -:onài tienal USES '.voulâ be very high. 9. Mike Ford statdd thae he was a =3a1 eS1:ate manager for VAN A;;,ŒR FINDINGS OF ?AC~. & -:ONCT,USIONS OF LAI, PAGE 4 lO. 10. 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. Chris Nelson stated that he reoresented "Canvass" which owns land on Conunercial Stree-t which is north of the subject property; that conditional use were not good. 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. l2. That the property can be physically serviced with City water and se'.oJer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. and is, experiencing a substantial That Meridian has, amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, conunercial, and industrial uses. l4. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section conunencing 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.l Industrial development within the urban service planning area sho¿ld receive the highest priority. 3.4 Industrial develooment should be encouraGed locate adjacent t~ existing indust=ial uses: to 3.5 Industrial areas should be located Nithin proximity VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 3.9 to major utility, facilities. transportation and services Industrial uses should be located where discharcre water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irr~gated lands that receive industrial runoff. 3.l0 Industrial uses should be located where adequate 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.l5 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.l7 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. Economic Development Goal B. Under ECONOMIC DEVELOPMENT, Statement policies, Page 19 1.l 1.2 1.3 1.5 The City of Meridian shall make every effort to create a positive atmosphere which- encourages industrial and commercial enterprises to locate in Meridian. It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 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. Strio industrial and commercial uses are not compiiance with the Comprehensive Plan. in 15. That the property is included within an area designated on the Generali=ed Land Use Map in the Meridian Comprehensive Plan VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW P3\.GZ 6 as a Light Industrial; the Comprehensive Plan states at page l7 that "There are two planned Industrial Re'Jie'Ñ Areas addressed in The Eastern-Eagle Road Light Industrial this Comprehensive Plan. Review Area. ."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as follows: "3.11 3.l2 that the Zoning and development wi thin each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the de'Jelopment of these areas by private industrial and business interests. All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Councilor designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; specific for the Road Light Eastern-Eagle Industrial Review Area include the following: policies "3.14 3.l6U l6. Commercial, The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. Land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements." That the requested zoning of General Retail and Service (C-G) , Technical District Industrial and Light districts are defined in the Zoning Ordinance at ll-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 wi thin 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 s<::::eets; t::> fulfill the need ::>f travel-related serJ'ices as VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE ï 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 t~e 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 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 desicrned to act as a buffer between industrial and highway uses ~nd 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 facili ties 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 incompatible with light industry are not permitted, and strip development is prohibited. Ii. That in 1992 the Idaho State Legislature passed VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAI, P-'\.GE 8 amendments to the Local Planning Act, which in 67-65l3 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. lB. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may im!Jose either a develo!Jment 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 ll-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') wide." 20. That Section ll-9-605 G l. 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 ll-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 ll-9-605 K states as follows: "The extent and location of lands desiGned for linear aDen space corridors should be determined by ~atural features a;d, 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 sûace svstems within rights of way for trails, walkways, bicycl~ ways; 3. To play a major role in conserving area scenic and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW P_l\.GE 10 4. 5. 6. 23. natural value, especially natural habitat; waterways, drainages and To buffer more intensive adjacent urban land uses; To enhance local identification within the area due to the internal linkages; and To link residential neighborhoods, recreation facilities." areas and park 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 Þ..rea. The Commission and Council shall consider the Bicvcle-Pedestrian Desicrn Manual for Ada Countv (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That ll-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of development and construction projects to utilize provisions of this Section to achieve the following: 1. 5. 25. land the A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." Ordinance and the Subdivision and Development Ordinance; that the That the City is in the process of amending the Zoning which present Zoning Ordinance provides 'which for only one industrial zone is and all industrial uses if allowed; that one of the proposed amendments to Light Zone Industrial authori::es the the Zoning Ordinance is to reorgani::e the industrial uses and have a light industrial zone and a heavy industrial ::one. 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 ll-2-4l7 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 'Ñithin the proposed annexation is contiguous to the present City limits of the City of Meridian, and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PJ\GE 12 the annexation would not be a shoestring annexation. 7. That the annexation application Ì1a:ò been initiated by the App:icant 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 author~ty to place conditions upon the annexation of land. Burt vs. The ~itv of Idaho Falls, lO5 Idaho 65, 665 P.D 1075 (1983). 9. That the ¿evalopment 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 1l-9-605 M., which pertains to the tiling of ditches and watenlays and 11-9-606 l4. , 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 condition of annexation the Applican~ shall be required to enter into a development agreement as authorized by 1l-2-416 Land 1l-2-4l7 D; that the development agreement shall address the inclusion into the subdivision of the requir&ments of 11-9-605 C, G. , H 2, K, and L. ; that the development agreemen~ shall, as a condition of annexation, require that ~he Applicant, or if required, any as,;igns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation u~til the requirements of this paragraph are met or, if 'lAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW P.'\.GE 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. l2. The Applicant has not stated or represented its intentions for de'7elopment, 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.l4 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.l6U Land uses within the Eastern-Eagle Road Light Industrial Revie'.., area must be clean, quiet, and free of hazardous or objectionable elemeñts."; 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 & CONC~USIONS OF LrlW 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. l4. 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 ll-2-416 Land ll-2-4lï D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW P-'\.GE l5 7. 8. 9. lO. l1. l2. 13. 14. l5. 9-605 a. C, Pedestrian Walkways. b. G l, Planting Strips. c. H, Public Sites and Open Spaces. 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 any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transi tional land uses, traffic study and recreation services. 4~ An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, services as determined by the city. police, and fire 6. Appropriate berming and landscaping. Submission and approval of any required plats. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. Harmonizing and integrating the site improvements with the existing development. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. The sewer and water requirements. Traffic plans and access into and out of any de'Telopment. And any other items deemed necessary by the City Staff. states in part as follows: That Section 11-2-4lï D of the Meridian Zoning Ordinance VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE l6 "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. l6. 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. l7. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Heal th Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1ï development agreements. l8. 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 P.1\GE l8 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) VOTED VOTED VOTED VOTED 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: )\ -ÂK DISAPPROVED: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19