Sunday, January 16, 2011

City of Kuna seeks to revoke the development agreement for Falcon Ridge

Kuna City Council members will discuss the possibility of revoking the development agreement associated with Falcon Ridge Charter School.
In 2005, the city rezoned the 8-acre school site from the C-1 to C-2 to allow the school to be built. This action was required because C-1 does not allow the placement of a school at the site, on the southeast corner of South Ten Mile Road and West Avalon Street.
As part of the rezone action - the charter school entered into a development agreement with the City that laid out the terms and conditions of the school’s development based upon certain performances and the associated timelines.
The city contends that the school has defaulted on its original development agreement.
"A plain reading of this document suggests the school representatives have not followed through with what they agreed to do by a date certain and thus, run the risk the City Council will determine to modify or terminate this agreement after complying with City code," according to a city staff report on the matter. "An action to terminate the agreement would revert the school site back to the former C-1 zone, which is a zone insufficient for school development. If the land were to be designated C-1, the school site would be viewed by as non-conforming by City staff and thus, would lose its capacity to be further developed unless and until it became conforming through City land use processes."
A public hearing will take place during the council's regular meeting, which begins at 7 p.m. on Tuesday, Feb. 1, at Kuna City Hall located at 763 W. Avalon St. The public is invited to attend and testify.

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