HomeMy WebLinkAboutValeri Heights Subdivision AZ-00-006BEFORE THE MERIDIAN CITY COUNCIL
Revised C/C 11-08-00
IN THE MATTER OF THE )
APPLICATION OF GOLD )
RIVER COMPANIES, INC., THE)
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 12.73 ACRES FOR VALERI )
HEIGHTS SUBDIVISION FROM )
R-T TO R-15 AND L-O, )
LOCATED AT THE )
NORTHEAST CORNER OF W. )
PINE STREET AND S. TEN )
MILE ROAD, MERIDIAN, )
IDAHO )
)
Case No. AZ-O0-006
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 May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and
July 18, 2000, and then re-noticed for August 15, 2000, and continued until August
22, 2000, and continued until September 19, 2000, at the hour of 7:30 p.m., and at
the May 16, 2000 meeting Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was
David Bailey, Pat Dobie-Traffic Engineer, Scott Harrision-Project Designer, and
Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
testifying with comments or concerns were: Erma Calhoun Atkinson, Rick Lambert,
Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas,
Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15,
2000 meeting appearing and testifying in favor of the project were Greg Kritchville,
and Daren McNatt, and the matter was continued until August 22, 2000 and again
to September 19, 2000, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and those appearing in favor of the project were: Jennifer
Berfile, John Calhoun, Vicld Fuller, Robert Welker, Amber Kerns, Jeff Strouhs, Carrie
Rudy, and Steve Bravo, Dave Fuller, Michael Marquise, Colleen Calhoun, and David
Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica
Atkinson, Lynn Hackstetter, Irdrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague,
Michael Carthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, Katy Corbol, Mark
Lines, Rick Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel
Nelson, David Atkinson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley,
Devon Everhart, and Steven Martin, 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXAiTION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
scheduled for May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and July 18,
2000, and then re-noticed for August 15, 2000, and continued until August 22, 2000
and again to September 19, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') 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 May 16,
2000, and tabled to June 6, 2000, June 20, 2000, and July 18, 2000, and then re-
noticed for August 15, 2000, and continued until August 22, 2000, and again to
September 19, 2000, 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 Meridian City Code §§ 11-15-5
and 11-16-1.
The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the 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 which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 12.73 acres in size and is located at the
northeast corner of W. Pine Street and S. Ten Mile Road. The property is
designated as Valeri Heights Subdivision.
5. The owner of record of the subject property is David and Shirley Fuller,
of Meridian, Idaho.
6. Applicant is Gold River Companies, Inc. of Meridian, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional,
and consists of undeveloped land.
8. The Applicant requests the property be zoned as Limited Office (L-O)
and High Density Residential (R- 15).
9. The subject property is bordered to the east, west, and south by Ada
County and city limits of the City of Meridian are adjacent and abut to the north of
the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. 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.
12. The Applicant proposes to develop the subject property in the following
manner: multi-family apartments, townhouses, and office complex.
13. The Applicant requests zoning of the subject real property as L-O and
R-15 which is Consistent with the Meridian Comprehensive Plan Generalized Land
Use Map which designates the subject property as Mixed Residential.
! 4. The Meridian City Council recognizes and takes notice of the concerns
of all persons testifying at the public hearings, along with several letters and Petitions
in opposition to the development and which are filed with the Clerk's office.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
16.1
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4. Wells may be used for non-domestic purposes such as landscape
irrigation.
16.2
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. 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.
16.3
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
development agreement, restrictions shall also be placed on the use of
the proposed L-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic
Establishments in the L-O shall be prohibited for this property in the
Development Agreement.
Adopt the Comments of Ada County Highway District from their letter dated
May 15, 2000, as follows:
16.4 Developer shall install a center left turn lane on Pine Street, east of its
intersection with Ten Mile Road.
16.5
The developer shall be required to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
between ACHD and the developer shall be necessary to assure the signal
is 'constructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
willing to provide the signal hardware if the developer pays for the
design and construction of the traffic signal. If the Commission does
not approve ACHD participation, the signal shall be entirely the
responsibility of the developer.)
16.6
Developer shall provide an interim all-way stop to provide additional
safety during the construction of the traffic signal and the initial
subdivision work. The stop sign installation shall require 36" by 36"
STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and
north and south of Pine Street. The installation shall also require 18"
by 6" ALL WAY STOP supplementary plates on the two new STOP
signs and the two existing STOP signs.
and additionally adopt the Comments of Ada County Highway District from their
letter dated August 15, 2000, as follows:
16.7
All requirements within the Site Specific Requirements and Standard
Requirements shall also be met;. except to the extent modified by any
findings or order adopted by the Meridian City Council.
Adopt the Comments of Community Planning Association of Southwest Idaho
(COMPASS) from their letter dated June 14, 2000, as follows:
16.8
Development of a transportation management plan in coordination with
ACHD Commuteride Program. The transportation management plan
should be submitted to the Highway District for review and approval.
Identify how the development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals.
16.9
In addition to the ACHD requirements, cross walks shall be placed at
both Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
Adopt the action of the City Council from their September 19, 2000, meeting
as follows: .~
16. l0 The property shall be subject to de-annexation to the previous RT zone
if the property is not developed as agreed and assured by the developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
in the companion preliminary plat and conditional use permit
applications for this same property.
17. 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
sub-parts, 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
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and 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.
19. It is found that the zoning of the subject real property as (R-15)
Medium High Density Residential District and (L-O) Limited Office permits the
establishment of single-family attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre in the R-15, and the L-O permits the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
establishment of grouPings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses, and requires
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Residential.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
20.5
20.6
21.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 Meridian City Code § 11-16 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 Council may take 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
December 21, 1993, Ord. No. 629, January 4, 1994.
The following are found to be pertinent provisions of the City of
Meridian Corn ~rehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
4.2
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3
4.4
4.5
4.6
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
4.7
available to all residents of the City.
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and dearly identifiable.
5. The requested zoning of Medium High Density Residential District, (R-
15) and Limited Office are defined in the Zoning Ordinance at 11-7-2 E and 11-7-2
G as follows:
(R-15) Medium High Density Residential District: The purpose of the R-
i 5 District is to permit the establishment of medium-high density single-
family attached and multi-family dwellings at a density not exceeding fifteen
(15) dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct access to a park or open
space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominate housing types in this DistriCt will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
and
(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a multi-
family apartment, townhouse and offiCe complex as permitted in the R-15 and L-O
zones and compatible with the City's Comprehensive Plan and Zoning Ordinances on
any legal lot within this parcel of land.
7. 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 of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. 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 12-2-4 which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N,
which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 A 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-O0-006)
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
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:
1. The applicant's request for annexation and zoning of approximately
12.73 acres to Medium High Density Residential District (R-15) and Limited Office
District (L-O) are granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 12.73 acres. 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.
3. Applicant enter into a Development Agreement, and such Development
Agreement shall also include and contain the conditions of and for the real property
which provides in the event the conditions therein are not met by the Applicant that
the property shall be subject to re-zone and/or de-annexation, with the City of
Meridian, which provides for the following conditions of use and development to-wit:
3.1 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4. Wells may be used for non-domestic purposes such as landscape
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-O06)
3.2
3.3
3.4
3.5
3.6
irrigation.
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. 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.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
development agreement, restrictions shall also be placed on the use of
the proposed L-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic
Establishments in the L-O shall be prohibited for this property in the
Development Agreement.
Developer shall install a center left turn lane on Pine Street, east of its
intersection with Ten Mile Road.
The developer shall be required to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
between ACHD and the developer shall be necessary to assure the signal
is constructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be
willing to provide the signal hardware if the developer pays for the
design and construction of the traffic signal. If the Commission does
not approve ACHD participation, the signal shall be entirely the
responsibility of the developer.)
Developer shall provide an interim all-way stop to provide additional
safety during the construction of the traffic signal and the initial
subdivision work. The stop sign installation shall require 36" by 36"
STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-O06)
north and south of Pine Street. The installation shall also require 18"
by 6" ALL WAY STOP supplementary plates on the two new STOP
signs and the two existing STOP signs.
3.7
Developer shall met all requirements within the Site Specific
Requirements and Standard Requirements of the ACHD's letter of
August 15, 2000; except to the extent modified by any findings or order
adopted by the Meridian City Council.
3.8
Development of a transportation management plan in coordination with
ACHD Commuteride Program. The transportation management plan
should be submitted to the Highway District for review and approval.
Identify how the development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals.
3.9
In addition to the ACHD requirements, cross walks shall be placed at
both Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
3.10
The property shall be subject to de-annexation to the previous RT zone
if the property is not developed as agreed and assured by developer in
the Companion preliminary plat and conditional use permit applications
for this same property.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-15) Medium High Density
Residential District and (L-O) Limited Office District, Meridian City Code § 11-7-2
E and 11-7-2 G.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-O06)
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
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 on the ~ '/g&
day of /(t~//g-~ ~ , 2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN I(EITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC./(AZ-00-006)
VOTED.~
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: .~///-- fi-- a~)
VOTED '---'"
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk O' o'
msg/Z:\Work~MXMeridianXMeridian 15360M~Valeri Heights AZ'xAZFfClsOrderTwo.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)