Meridian Joint School District No. 2 Locust Grove
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THIS DEVELOPMENT AGREEMENT (this "Agreement"'), is made
and entered into this /ø7^. day of ~ ' 1999, by and between
CITY OF MERIDIAN, a municipal corpor Ion of the State of Idaho, hereafter
called "CITY", and MERIDIAN JOINT SCHOOL DISTRICT NO.2,
hereinafter called "DEVELOPER", whose address is 911 Meridian Street,
Meridian, Idaho 83642.
.~.
1.
RECITALS:
1.1
WHEREAS, DEVELOPER is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein
after referred to as the "Property"; and
1.2 WHEREAS, r.c. §67-65l!A, Idaho Code, provides that cities
, may, by ordinance, require or permit as a condition of re-zoning
that the owner or developer make a written commitment
concerning the use or development of the subject property; and
1.3
1.4
1.5
WHEREAS,. CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation and/or
re-zoning of land; and
WHEREAS, DEVELOPER has submitted an application for
annexation and zoning of the Property's described in Exhibit A,
and requested a designation of Low Density Residential. (R-4) ,
l!-2-408 (B) (3) (Municipal Code ofthe City of Meridian), and
has submitted a site plan in connection with the development of
the property, which site plan is subject to specified terms and
conditions, has been recommended for approval by the Meridian
Planning & Zoning Commission to the Meridian City Council;
and
WHEREAS, DEVELOPER made representations at the public
hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject Property will be developed and what improvements will
be made; and
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings request for annexation and
zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the
City Council, include responses of government subdivisions
providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
WHEREAS, City Council, the20~day of 1le:i:.L, 1999, has
approved certain Findings of Fact and Conclusions of Law of the
Planning and Zoning Commission and Decision and Order, set
forth in Exhibit B, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter referred to
as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
WHEREAS, DEVELOPER deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, CITY requires the DEVELOPER to enter into a
development agreement for the purpose ensuring that the
property is developed and the subsequent use of "the Property"
is in accordance with the terms and conditions of this
development agreement, herein been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
2.
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
4.
The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance Low Density Residential
(R-4) codified at section 11-2-408 (B) (3) Municipal Code of the
City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only
the uses and/or conditional uses described in the above referenced
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT
PROPERTY:
4.1
4.2
This application is for annexation and zoning of 40.55 acres
located on the east side of Locust Grove Road between Ustick
and McMillian Roads, just north of Summerfield Subdivision,
Meridian, Idaho. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation must
place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the annexation and
zoning designation. (R-4) Low Density Residential Ordinance
shall not be finally approved by the City Council until provisions
of parts 1 and 3 of this order have been met; and
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
4.3
Developer enter into a Development Agreement, that provides in
the event the conditions therein are not met by the Developer
that the property shall be subject to de-annexation, with the City
of Meridian which provides for the following conditions of
development to-wit:
4.1.1 Sanitary sewer serviceability to this site is questionable
since this parcel is on the fringe of the service area of
existing mains. Applicant's engineer shall verify the
feasibility of service.
4.1.2 Water service to this parcel could be extended from the
existing main located in Locust Grove Road.
4.1.3 Any existing irrigation/drainage ditches crossing or adjacent
to the property shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped shall be shown on the site
plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the
Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
Due to the fact that only the southwestern portion of the
subject parcel is to be developed the requirements of this
provision shall not appertain to the ditch that runs parallel
and adjacent to the northern boundary of the subject
property until such time as the applicant develops any
portion of the subject property that is north of any point
that is midway between the northern and southern
boundary of the subject parcel at which time the provisions
of this requirement shall then apply and require the tiling
of said ditch.
4.1.4 Any existing domestic wells and/or septic systems within
this project shall be removed from their domestic service
per City Ordinance Section 5-7-517. Wells may be used
for non-domestic purposes such as landscape irrigation.
4.1.5 City Well 18 needs to be on line prior to the occupancy of
the subject development.
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
4
4.1.6 Central sewer will need to be made available to the subject
project.
4.1.7 Beverly Donahue is concerned with the location of the
entryway to the subject development and desires that it
not be adjacent to her driveway, which issues should be
resolved with the applicant but are subject to the
restrictions and the regulations and jurisdiction of the Ada
County Highway District; and
4.1.8 That Beverly Donahue is concerned about the lack of bike
and pedestrian lanes north of the subject parcel, which
issues should also be reviewed with and subject to the
restrictions and the regulations and jurisdiction of the Ada
County Highway District; and
4.1.9 That Tom Davis farms his parcel, which lies adjacent and
to the east of the subject property, and he is concerned
with blowing trash from the development and use, and in
order to prevent the same requests that the applicant
construct a six (6') foot permanent chain link fence on the
east boundary of the subject property for the entire length
of the eastern boundary as it abuts the Davis property.
4.1. 1 0 That the subject annexation and zoning be limited to
school educational use and specifically exclude residential
subdivisions.
5.
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, notify
the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development
Agreement and all other ordinances of the City that apply to said
Development.
6.
COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
7.
REOUIREMENT FOR RECORDATION: CITY shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the
Property by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
8.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
9.
DEFAULT
9.1
In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections with the Property, this Agreement may be
modified or terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
9.2
A waiver by CITY of any default by DEVELOPER of anyone or
more of the covenants or conditions hereof shall apply solely to
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
6
10.
11.
the breach and breaches waived and shall not bar any other rights
or remedies of CITY or apply to any subsequent breach of any
such or other covenants and conditions.
REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity
to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
10.1 In the event of a material breach of this Agreement, the parties
agree that CITY and DEVELOPER shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
10.2 In the event the performance of any covenant to be performed
hereunder by either DEVELOPER or CITY is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified checlc or
negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
7
12.
13.
14.
CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to
abide by all ordinances of the CITY of Meridian and the property shall
be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
Notices: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered
or three (3) days after deposit in the United States Mail, registered or
certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian City
200 E. Carlton, Suite 101
Meridian, ID 83642
Meridian Joint School District No.2
911 Meridian Street
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
15.
16.
17.
18.
Attorney Fees: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be
entitled, in addition to any other relief as may be granted, to court costs
and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or
forfeiture of this Agreement.
Time is of the Essence: The parties hereto aclmowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
Binding upon Successors: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns
and personal representatives, including CITY's corporate authorities and
their successors in office. This Agreement shall be binding on the owner
of the Property, each subsequent owner and each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. CITY agrees, upon written
request of DEVELOPER, to execute appropriate and recordable
evidence of termination of this Agreement if CITY, in its sole and
reasonable discretion, had determined that DEVELOPER has fully
performed its obligations under this Agreement.
Invalid Provision. If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to
be excised therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
PAGE
9
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
19.
20.
Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and
CITY relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express
or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to
CITY, to a duly adopted ordinance or resolution of CITY.
19.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
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.
PAGE
10
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
~~¿:4-Z
RESOLUTIO NO.
Attest:
Áf¿ &. A I 0
City Clerk ~(f' r
BY RESOLUTION NO. 2. 2. '1
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
BY:
CITY OF MERIDIAN
PAGE
11
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this 10""'" day of M,,'i ' in the year 1999, before me,
H ,."": hi'" ""D. '5t:.h~ a Notary Public, personally appeared
itf!CÌ IN A. n~ 4eJ rì ",,- , known or identified to me, to be the
CIiIAii'"nt/lo"l o.f"11\e ~t-ol.md ,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.
~1 5)~
Notary P lic for Idaho
Commission expires: ~.'Z.1-'Z.OC>3>
STATE OF IDAHO)
:ss
County of Ada )
On this Æ day of L(f}¿r
I
, in the year 1999, before me,
, a Notary Public, personally appeared Robert D.
Corri nd 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 aclmowledged to me that
such City executed the same.
"""""""
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msg~~.,~tdian 15360M\Meridianjoint School Dist. No.2 (AZ)\Meridian School Dist No.2 (40.55) DEV
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Nota PublIc for Idaho t
Commission expires: Irj/~~
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
12
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
13
EXHIBIT "A»
Aparcel of land located in the SW 1/4 of Section 32, Township 4 North,
Range 1 East, of the Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the NW corner of the SW 1/4 (West 1/4 corner) of Section
32, T. 4N., R. lE., B.M., the REAL POINT OF BEGINNING of this
description.
Thence N 89°54' 10" E 1990.54 feet to the NE comer of the W V2 of the NE
1/4 of the SW 1/4 of said Section 32;
Thence S 0°01'20" E 728.57 feet to a point on the east line of said W 1/2;
Thence S 89°48'44" W 604.48 feet to a point;
Thence S 0°00'57" E 225.95 feet to a point;
Thence S 89°50'05" W 1386.36 feet to a point on the west line of said Section
32;
Thence N 0°00'11" W 957.12 feet to the REAL POINT OF BEGINNING of
this description.
This parcel contains 40.55 acres, more or less, and is subject to all existing
easements and rights-of-way.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT
MERIDIAN JOINT SCHOOL DISTRICT NO.2
PAGE
14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF MERIDIAN
JOINT SCHOOL DISTRICT NO.
2, THE APPLICATION FOR
ANNEXATION AND ZONING
OF 40.55 ACRES ON THE EAST
SIDE OF LOCUST GROVE
NORTH OF SUMMERFIELD
SUBDIVISION, MERIDIAN,
IDAHO
Case No. AZ-98-105
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on April 6, 1999, at the hour of 7:30 o'clock p.m., and Christine
Donnell, Superintendent of Joint School District No.2, and Wayne Thowless, of
Leatham and Krohn, Architect for Joint School District No; 2, having appeared and
testified in favor of the application, and Shari Stiles, Planning and Zoning
Administrator, presented the staff report, and Beverly Donahue and Tom Davis
testified as affected property owners, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for April 6, 1999, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the April 6, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417 A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 40.55 acres in size. The property is
located on the east side of Locust Grove Road, between Ustick and McMìllan Road
just north of the Summerfield Subdivision.
5.
The owner of record of the subject property is Meridian Joint School
District No.2, of 911 Meridian St., Meridian, Idaho.
6.
7.
Applicant is the owner of record.
The property is presently zoned by Ada County as Rural Transition
(RT), and is vacant.
8.
The Applicant requests the property be zoned as Low Density
Residential (R-4).
9.
The proposed site of the subject property is located north of the
Summerfield Subdivision, south of the Heritage Subdivision and is surrounded by
undeveloped land to the east and west. Centennial High School is located
approximately two (2) miles to the east of the subject site.
10.
The subject property is bordered to the south by the city limits of the
City of Meridian.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan. The proposed zone, development and use of the subject parcel
is otherwise consistent with the Comprehensive Plan of the City of Meridian, in that,
the project facilitates a stated community value contained in:
12.1 The Foreward at page 1, which is "Prevent school overcrowding/enhance
education services; and
12.2 Under the section entitled "School Facilities" by meeting the School
Siting Goal Statement by its proximity to existing residential
subdivisions, the size of the parcel and the fact that it is not proposed to
be sited next to incompatible uses or hazards as set forth at pages 13
and 14; and
12.3 Under the section entitled "Land Use" Comprehensive Plan Map
objectives nos. 3, 6 and 7 at page 22; and
12.4 In Land Use Goal Statements §§ 1.5U, 1.8U, 2.2U and 2.3U at page
23.
13.
The Applicant proposes to develop the subject property in the following
manner: Construct and utilize a charter high school.
14.
The Applicant's requested zoning of the subject real property as Low
Density Residential (R-4) is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
15.
There are no significant or scenic features of major importance that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
affect the consideration of this application.
16.
The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
17.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
18.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
19.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
19.1 Sanitary sewer serviceability to this site is questionable since this parcel
is on the fringe of the service area of existing mains. Applicant's
engineer shall verify the feasibility of service.
19.2 Water service to this parcel could be extended from the existing main
located in Locust Grove Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
19.3 Any existing irrigation/drainage ditches crossing or adjacent to the
property shall be tiled per City Ordinance 11-9-605.M. The ditches to
be piped shall be shown on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of any
ditches crossing this project.
Due to the fact that only the southwestern portion of the subject parcel
is to be developed the requirements of this provision shall not appertain
to the ditch that runs parallel and adjacent to the northern boundary of
the subject property until such time as the applicant develops any
portion of the subject property that is north of any point that is midway
between the northern and southern boundary of the subject parcel at
which time the provisions of this requirement shall then apply and
require the tiling of said ditch.
19.4 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5- 7 -517. Wells may be used for non-domestic purposes such as
landscape irrigation.
Adopt the City of Meridian Water Department Recommendation as follows:
19.5 City Well 18 needs to be on line prior to the occupancy of the subject
development.
Adopt the Central District Health Department recommendations as follows:
19.6 Central sewer will need to be made available to the subject project.
20.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
condition of annexation and zoning designation.
21.
It is found that the following are development considerations which
must be taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing, or intended character of the general
vicinity, in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
hazardous or disturbing to the existing, or future neighboring uses, particularly
considering the impact of proposed development on potential to produce excessive
traffic, noise, smoke, fumes, glare and odors:
21.1 That Beverly Donahue is concerned with the location of the entryway to
the subject development and desires that it not be adjacent to her
driveway, which issues should be resolved with the applicant but are
subject to the restrictions and the regulations and jurisdiction of the
Ada County Highway District; and
21.2 That Beverly Donahue is concerned about the lack of bike and
pedestrian lanes north of the subject parcel, which issues should also be
reviewed with and subject to the restrictions and the regulations and
jurisdiction of the Ada County Highway District~ and
21.3 That Tom Davis farms his parcel, which lies adjacent and to the east of
the subject property, and he is concerned with blowing trash from the
development and use, and in order to prevent the same requests that the
applicant construct a six (6') foot permanent chain linlc fence on the east
boundary of the subject property for the entire length of the eastern
boundary as it abuts the Davis property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
21.4 That the subject annexation and zoning be limited to school educational
use and specifically exclude residential subdivisions.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Commission may talœ judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
The Foreward at page 1, which is "Prevent school overcrowding/enhance
education services; and
4.2
Under the section entitled "School Facilities" by meeting the School
Siting Goal Statement by its proximity to existing residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
subdivisions, the size of the parcel and the fact that it is not proposed to
be sited next to incompatible uses or hazards as set forth at pages 13
and 14; and
4.3
Under the section entitled "Land Use" Comprehensive Plan Map
objectives nos. 3, 6 and 7 at page 22; and
4.4
In Land Use Goal Statements §§ 1.5U, 1.8U, 2.2U and 2.3U at page
23.
5.
The requested zoning of Low Density Residential (R-4) is defined in the
Zoning Ordinance at 11-2-408 B. 14. as follows:
(R-4) Low Density Residential District: Only single-family dwellings
shall be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools. The purpose of
the (R-4) District is to permit the establishment of low density single-
family dwellings, and to delineate those areas where predominately
residential development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a maximum of four (4)
dwelling units per acre and requires connection to the Municipal Water
and Sewer systems of the City of Meridian.
6.
That Section 11-2409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses allowed in the various zoning districts of the City;
that schools are listed as permitted uses in the Low Density Residential (R-4)
District.
7.
That the City of Meridian Comprehensive Plan, under LAND USE,
Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
subject to development review and conditional use permit processing to insure
neighborhood compatibility.
8.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and operate any stores
or facilities on this parcel of land.
9.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
10.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
11.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
12.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
I. This application is for annexation and zoning of 40.55 acres located on
the east side of Locust Grove Road between Ustick and McMillian Roads, just north
of Summerfield Subdivision, Meridian, Idaho. The legal description shall be prepared
by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to
all the provisions of the City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. (R-4)
Low Density Residential Ordinance shall not be finally approved by the City Council
until provisions of parts 1 and 3 of this order have been met; and
3. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the property shall
be subject to de-annexation, with the City of Meridian which provides for the
following conditions of development to-wit:
3.1
Sanitary sewer serviceability to this site is questionable since this parcel
is on the fringe of the service area of existing mains. Applicanfs
engineer shall verify the feasibility of service.
3.2
Water service to this parcel could be extended from the existing main
located in Locust Grove Road.
3.3
Any existing irrigation/drainage ditches crossing or adjacent to the
property shall be tiled per City Ordinance 11-9-605.M. The ditches to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
3.4
3.5
3.6
3.7
3.8
3.9
be piped shall be shown on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of any
ditches crossing this project.
Due to the fact that only the southwestern portion of the subject parcel
is to be developed the requirements of this provision shall not appertain
to the ditch that runs parallel and adjacent to the northern boundary of
the subject property until such time as the applicant develops any
portion of the subject property that is north of any point that is midway
between the northern and southern boundary of the subject parcel at
which time the provisions of this requirement shall then apply and
require the tiling of said ditch.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as
landscape irrigation.
City Well 18 needs to be on line prior to the occupancy of the subject
development.
Central sewer will need to be made available to the subject project.
Beverly Donahue is concerned with the location of the entryway to the
subject development and desires that it not be adjacent to her driveway,
which issues should be resolved with the applicant but are subject to the
restrictions and the regulations and jurisdiction of the Ada County
Highway District; and
That Beverly Donahue is concerned about the lack of bike and
pedestrian lanes north of the subject parcel, which issues should also be
reviewed with and subject to the restrictions and the regulations and
jurisdiction of the Ada County Highway District; and
That Tom Davis farms his parcel, which lies adjacent and to the east of
the subject property, and he is concerned with blowing trash from the
development and use, and in order to prevent the same requests that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
applicant construct a six (6') foot permanent chain link fence on the east
boundary of the subject property for the entire length of the eastern
boundary as it abuts the Davis property.
3.10 That the subject annexation and zoning be limited to school educational
use and specifically exclude residential subdivisions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67.6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review.as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held fJ~ 20~
I
1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED ~
COUNCILMAN BIRD
VOTEDr
COUNCILMAN BENTLEY
VOTEDr
COUNCILMAN ROUNTREE
VOTEDr-
MAYOR ROBERT)D. CORRIE (TIE BREAKER)
DATED: i J 'UJ ? 7
I f
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
MERIDIAN SCHOOL DISTRICT NO.2 (40.5'5 ACRES)
MOTION:
APPROVED:~ DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
ByJ!~;r1-~ ~
City Clerk .
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
MERIDIAN SCHOOL DISTRICT NO.2 (40.55 ACRES)