McMillan and Meridian Middle School 05-008
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 22
BOISE IDAHO 07/29/05 04:23 PM
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Meridian City 105104707
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DEVELOPMENT AGREEMENT
City of Meridian
Joint School District No.2, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ¡q'f! day of ~~ ,2005, by and between City of Meridian, a
municipal corporation of the State of aho, hereafter called "CITY', and Jomt School
District No.2, hereinafter called "OWNER".
1.
RECITALS:
1.1
1.2
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, 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, Ie. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or pennit as a condition of re-zoning that the
"Owner" make a written commitment concerning the use or
development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
- requested a designation of (R-4) Medium Density, (Municipal Code
of the City of Meridian); and
1.5
WHEREAS, "Owner" 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
WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
1.6
PAGE 1 OF 10
1.7
1.8
1.9
1.10
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 3rd day of May, 2005, 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 "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER" 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
WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use ofthe "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 zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration ofthe 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.
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 2 OF 10
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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNER": 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) of the "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 describing the parcels to be annexed and
zoned R-4 (Medium Density) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (C) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-4 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-008 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated February 18,
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 3 OF 10
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1.
Owner will construct a ten foot (10') multi-use pathway in lieu of a
five foot (5') sidewalk along McMillan Road through the project.
2.
Joint School District #2, the City of Meridian, and ACHD will come
together before final platting prior to completion of this school to
discuss the issue of pedestrian and child safety in this area.
7. 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 "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the "City" has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owner/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
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 4 OF 10
thereof in accordance with the terms and conditions ofthis Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/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 maybe
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of
"City" or apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner", 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.
In the event of a material breach ofthis Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
13.1
PAGE 5 OF 10
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 may be necessary to complete the
curing of the same with diligence and continuity.
13.2
In the event the performance of any covenant to be performed
hereunder by either "Owner" 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 oftime of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation ofthe improvements,
which the "Owner" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" 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".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by
all ordinances ofthe 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.
17. 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:
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 6 OF 10
CITY:
O~R/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Joint School District No.2
911 Meridian Road
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1
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.
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
ofthis Agreement.
19. 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.
20. 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 benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
DEVELOPMENT AGREEMENT (AZ 05.008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 7 OF 10
termination of this Agreement if "City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
21. 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" 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 "Owner" 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".
22.1
No condition governing the uses and/or conditions governing re-zoning of the
subj ect "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.
23. 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 ofthe "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
o(J«
JOINT SCHOOL DISftuCT NO.2
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 8 OF 10
CITY OF MERIDIAN
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Attest:
DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this ItJi!' day of ~, 2005, before me, the undersigned, a Notary
Public in and for said State, ~eared LI ndtL CUork. ,
known or identified to me to be the -£-tA.fJe.YiYl-t~ of Joint School District
No.2, the corporation that executed this agreement and the person who executed the
agreement on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Residing at: ~ 1AU:Ú~ .J./Á .
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STATE OF IDAHO )
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County of Ada )
On this ..2' tt.. day of ~ ø\. ~ ,2005, before me, a Notary
Public, personally appeared Tammy de Weerd and llham G. Berg, Jr., 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 AGREbAbNl (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL)
PAGE 10 OF 10
EXHIBIT A
Middle School
AZ-OS-OO8
Legal Description
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I
IDAHO
SURVEY
GROUP
I"SO East W.t~m>v."'¡' St.
5.dæ ISO
Meridi.n.ldaho 81642
Phon" (2081 846-8570
Fax,(206) sa...S]'1<1
Project No. 113148
MERIDIAN CITY ANNEXATION DESCRIPTION
JolDt School Dilltn« No.1
The Soulh 1025.00 feet of Govemmenl Lot 4 and the 80mb 1025.00 feet Qf the W csl 'I,
of the East ~. ofthc Soutl1wcst ~~ of Section )0, TAN., RIE" 8,M.. Ada County, Idaho, more
. particularly described as follows: BEGINNING at the com« 10 sections 2S and 36 ofT.4N..
R.t W.. anù Sel;:tion 31 and the said Section 30. fomt which the V. corner common !o /laid
Section& lS and 30 bears North 00"23 '00" EIUlt, 2640.13 feet;
Thence North 00"23"00" But. 1025.00 feet;
tbe~ South 89°46'14" East, 1754.51 èetlo II point 011 the Bast 1m of the West Y, ortne
East Yz orthe Southwest v..;
thence along said line Soutb ( ()"29'24" Wost, 1025,01 feet to 8 point on the Soulh
bouitdary of sa1ð Set.1ion 30;
thence Nonh 89'"46'14" West, 1752.60 fed to the Point orBegiMiog. Containing 41 ,26
øcrea. more or Icss. SUBJECT to rights-or-way for McMillian Road along the South houndary
and Meridilm Road aleng the West boundary, and all other easemeats ofrccord or use.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request Annexation and Zoning from RUT (Ada County) to R-4 (Low
Density Residential) for a new Middle School, by Joint School District No.2.
Case No(s): RZ. 05-008
For the City Council Hearing Date of: May 3, 2005
A. Findings of Fact
I. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the May 3,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing reqUirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15.5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staffreport.
3. Application and Property Facts
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS..()O8 - PAGE I of4
verified that the property owner(s) of record at the time of issuance of these
findings is Joint School District No.2. '
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit D for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67. Idaho Code (lC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12. Meridian City Code, and all
CUlTent zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian. which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ I1-J 7-9.
4. Due consideration has been given to the comment(s) received fÌ'om the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
2/21/05 as shown in Exhibit B and the Site Specific and Standard Comments in Exhibit
C. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Site Specific and Standard Comments are as shown in Exhibit C.
E.
Notice afFinal Action and Right to Regulatory Takings Analysis
cq'Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ-oS-4JO8 - PAGE 2 of4
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
F. Exhibits
Exhibit A: Legal Desen ption
Exhibit B: Site Plan (2/21/05)
Exhibit C: Site Specific Comments
Exhibit D: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the 3(d.
~, 2005. ,
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED ---
Attest:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS.{)O8 . PAGE 3 of4
Copy served upon Applicant, The Planning and Zoning Department, Pùblic Works Department
and City Attorney.
B~ 1 bA U,~
City Clerk's Office
Dated :
s-\ u ..[>c;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-OS-oO8 - PAGE 4 of 4
EXIDBIT A
Middle School
AZ-O5-008
Legal Description
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I
IDAHO
SURVEY
GROUP
I-'IS( h<~\Vat'rL.<>"'",.s:.,
Suite 150
Meridia", Idaho 83612
Ph..n" (208) 846.8570
Fax (208) B&4-S39'1
P~jðCt No. 03148
MERIDIAN CITY ANNEXATION DESCRIPTION
loilit School DIstrict No. Z
The Soutn 1025.00 feet ofGovemmenll.ot 4 and the South 1025.00 feet of the West Yt
ofEhe East h oflhe Southwest % ofSectìon JO. TAN" R.1E., B.M., Ada C(Jllnty, Idaho. nmre
paniculatly described as follows: BEGINNING at the comer 10 sections 25 and 36 of TAN.,
R.I W.. and Section 31 md the said Section 30, (ann which the ~ Ç(1( Jer common to said
SætiGns 2S and 30 bears North 00"23 '00" East, 2MO.13 feet;
1 hence North 00"23'00" Easl, 1025.[)Ò feet;
thence South 89"46'14" Ell$!:. 1754.51 feet [0 a point 01) the East tine of the West \í c>fthc
East Y. of the SouahwCIII Y.í; .
tbmçc:: wong uid Jine South 00°29'24" West. 1025,01 feet to a point on the South
boundary of said Section 30;
thence Nortb 89D46'14" West, 1752.60 feet to the Point ofSeginning. Containing 41.26
acres. more or less. SUBJECT to risht¡¡.of-way for McMiI1iaD R(lad lIlo.ng the- South boundilry
and Meridian Raid along the West boundary, and all other easCItICDIII ofrecorrl or LIse.
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ANNEXATION EXHBIT
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SMëET I OF
EXHIBIT B
Middle School
AZ-O5-008
Site Plan
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EXHmIT C
Middle School
AZ-OS-OO8
Site Specific Comments
ANEXA TION AND ZONING COM:M:ENTS
1. The legal description submitted with the application appears to meet the requirements
of the City of Meridian and State Tax Commission and places the parcel contiguous
to existing city limits
2. The requested zoning ofR-4 is compatible with Meridian Comprehensive Plan.
3. The subject property is within the Urban Service Planning Area. Essential Cíty
services are or will be available to the subject property.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517,' when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape inigation.
5. Future development of this property as a Middle Schoo] shall be in compliance with
City of Meridian development ordinances in place at the time of development.
EXHIBIT D
Middle School
Az..O5-008
Required Findings
ANNEXATION & ZONING ~
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment, "
A.
Will the new .zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is designated as "Medium Density Residential" on
the Future Land Use Map. City Council finds that the requested zoning
designation, R-4, is hannonious with and in accordance with the adopted
Comprehensive Plan and Future Land Use Map. The proposed use as a
middle school is a permitted use in the R-4 Zone, per the Zoning Schedule
of Use Control in MCC 11-8-1.
B.
Has there been 8 change .În the area or adjacent areas which 'may
dictate that the area should be rezoned. For example, have the streets
been widened, new railroad 8a:ess been developed or planned or
adjacent area being developed in a fashion similar to the proposed
rezone area;
Surrounding properties include rural residential properties, future
conunercial and multi-family developmentB and recently approved
residential subdivisions. The area around the subject property has changed
dramatically in the last decade with literally thousands of new residential
lots being added. This change in use ftom agricultural land to residential
has created the need for additional schools in the area. City CoWlciI fmds
that the requested zoning designation of R-4 for a middle school will be
hannonious with the existing and future developments.
c.
Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will Dot change the essential character of the same area;
City Council finds that the proposed use (middle school) will not change
the existing or intended residential character of the area. See discussion
under "B" above.
D.
Will the proposed uses not be hazardous or disturbing to existing or
future neighboring uses;
City Council does not anticipate that the proposed uses wìIl be hazardous
or disturbing to future or existing neighbors. See discussion under "H'"
above.
E.
Will the area be served adequately by essential public facilities and
servic:es 50th as highways, streets, poli¡:e and Ure protection, drainage
gtructures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately aoy of such services;
City Council finds that the property to be annexed will be served
adequately by all essential public facilities and services.
F.
Will not ¡:reate excessive additional requirements at public cost (or
public facilities and services and will not be detrimental to the
economic welfare of the community;
City CoWlcil finds that there will not be excessive additional requirements
at public cost and that the annexation and zoning will not be detrimental to
the community's economic welfare.
G.
WiD the proposed uses not involve uses, activities, proc:esses,
materials, equipment and condidons of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council realizes that the proposed middle school will create
additional traffic in the general area, but does not anticipate that it will be
excessive. The addition of a school near to the new residential
subdivisions in north Meridian may actually positively the affect the
traffic situation by reducing the distance that residents travel in order to
deliver their children to school. The lack of pedestrian and bicycle
facilities related to Sawtooth Middle School, on Linder Road north of
Ustick Road, has been the topic of discussion and criticism among area
media, community members, and local agencies. As subdivisions in the
area develop, more sidewalks will be constructed along the arterial
roadways, but at the present time, there are no improvements on McMillan
Road or Meridian Road within one-mile of the school in any direction.
The recently developed residential subdivisions in the area have created
additional traffic in the area and City Council also finds that the proposed
middle school will not create excessive noise or other nuisances that
would be detrimental to the general welfare of the surrounding area.
J,
H,
Will the area have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on
surrounding public streets;
This item was heard at the April 13, 2005 ACHD Commission meeting.
Please refer to ACHD report for specific traffic mscussion and see
discussion under "0" above.
I,
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and :
City Council finds that no natural or scenic features of major importance
will be lost or damaged by approving the annexation and fe-Zone. Any
existing trees larger than 4U caliper that are removed shall be mitigated
for, per the Landscape Ordinance.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
City Council finds that the annexation of this property would be in the best
interest of the City.