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Meridian Joint School District No. 2 Locust Grove ~. \. ~' . RE.CO. RDED-REQlÆST OF A RECO E ~~( J. ! AVARR . h6 filL IOAHO J»rfV P'iE' . DE'1W9~fW~~ 1\CW,EMENT 9 9 0 5 0 96 I /f{qe¡mv;.vplYl /.¡1..9 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. """"""" ","\:;t:L L. ,/','&, ,:" ~~oo,..o....;f~ "" ,: 0' ~\ f(#9TAltr \ :*: -.-%*; \ \. PllBL\C ¡ ~<P.>.o. 01 ~"" -1 1'";:0.... ~~':I ", <:: OF \'t> , msg~~.,~tdian 15360M\Meridianjoint School Dist. No.2 (AZ)\Meridian School Dist No.2 (40.55) DEV AGMNT.wpd 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 talÅ“ 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)