Lewis & Clark Middle School
PARTIES: 1.
2.
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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)
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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.
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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