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Home My WebLink AboutSommersby Subdivision MI-04-011 BEFORE THE MERIDIAN CITY COUNCIL C/C 1/04/05 IN THE MATTER OF THE APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT FOR FORMER VALERI HEIGHTS SUBDIVISION CASE NO. MI-04-011 BY: CONFLUENCE MANAGEMENT, LLC FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPROVAL OF MISCELLANEOUS APPLICATION APPLICANT This matter coming before the City Council on January 4,2005 at the Meridian City Hall located at 33 East Idaho, for Miscellaneous Application approval to amend the previously approved Development Agreement (DA) for the former Valeri Heights Subdivision, and the Council rIDding that the Administrative Review is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: December 29, 2004 to the Mayor and City Council; Becky McKay appeared and testified, and the Council having received testimony as part of the record of this matter, and the applicant having submitted an application and which application is herein received and adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-O4-O11) Page 1 of5 fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at the northeast comer ofN. Ten Mile Road and W. Pine Avenue, Meridian, Idaho. 2. The applicant of the subject property is Confluence Management, LLC. 3. The owners of the subject property are David and Shirley Fuller, who have submitted consent for the subject application. 4. The subject property is presently located in a L-O (Limited Office) and R-15 (High Density Residential) zone. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. The applicant, Confluence Management, LLC, has submitted a Miscellaneous Application (MI) requesting to amend the recorded Development Agreement (Instrument #100103906) for the property at 890 N. Ten Mile Road (formerly approved as Valeri Heights Subdivision). Due to a number offactors, the Valeri Heights project was never constructed and the former preliminary plat expired (the CUP remains valid since it preceded the expiration clause being added to Title II). The property was annexed and zoned in 2000 and the DA remains an active part of the property title. The applicant is proposing to replace all references to the Valeri Heights project ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVEWPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 2 of 5 with the Sommersby Subdivision conditions of approval. The City Council finds that the application is reasonable and approves of the request, with a condition that building construction be restricted until certain public roadway improvements are made in the area. CONCLUSIONS OF LAW 1. Approval of this request to allow an amendment to the previously approved DA for Valeri Heights Subdivision is based upon the information provided by the applicant, staff comments and testimony at the public hearing on January 4,2005, and which subject property is located at the northeast comer ofN. Ten Mile Road and W. Pine Avenue, Meridian, Idaho. IT IS HEREBY ORDERED THAT: No more than nine (9) attached single family dwelling units and eight (8) multi-family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue intersection project are complete. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified thatpursuantto 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. ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 3 of 5 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 being a person who has an interest in real property which maybe adversely affected by this decision 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. -r By action of the City Council at its regular meeting held on the 18-1'1. day of 'Ç/tílhC<.~:; ,2005. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED¥ VOTED~ VOTED Þ COUNCILMAN CHARLIE ROUNTREE COUNCIL MEMBER DONNELL COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) ~~ ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-O4-011) Page 4 of 5 ~ Attest: &' . ~~ \ J4L'£ ~,~ lS&AL i William G. Berg, Jr., City erk \ '~1~fl Copy served upon Applicant, the Planning ã1tIt~"þ~nt, Public Works Department and City Attorney. ..... By: )(\ \0 n-L) 01 \Vl City Clerk's Office Dated: (-z.~-oç ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMENDIREPLACE THE EXISTING DEVELOPMENT AGREEMENT (DA) FOR FORMER VALERI HEIGHTS SUBDIVISION, BY CONFLUENCE MANAGEMENT, LLC (MI-04-011) Page 5 of 5 E: 'i!.!!!!!J1 If. e ~OLUTIONSLLP 150 East Aikens Street, Suite B Eagle, ill 83616 Phone: (208) 938-0980 Fax: (208)938-{)941 January 14, 2005 RECEIVED JAN 1 4 2005 ~- City of Meridian Attn: City Council 33 East Idaho Street -Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: Sommersby Subdivision (File No. PP-04-035, CUP-04-040 & MI-04-011) Dear Council Members: This letter is in regard to the Findings of Fact & Conclusions of Law associated with the Sommersby project. The Council motion on January 4,2005 approving the applications included staffs recommendation to limit the number of units occupied prior to the 2007 ACHD construction project for Ten Mile Road and Pine Street intersection. We would like the Council to revisit the adoption of staff s recommendation because of the ambiguous nature of the recommendation. Staffs recommendation stated: "Staff recommends the City Council allow a limited number of units to be occupied prior to the 2007 ACHD construction project being completed (e.g., townhomes only or townhomes and up to 8 multi-family units). If the applicant can secure approval from ACHD to expedite some or all öfthe Ten Mile Road improvements, additional units could be occupied. Other units could potentially begin construction but not receive CO's until after the roadway project is complete. This will allow the site improvements to begin and allow for the extension ofthe two existing stub streets." Staff provided options for the Council to discuss and to expand upon. However, the Council adopted the paragraph as a condition without clarification of the number of units allowed and no connection to phasing. The applicant's representative requested phasing restrictions that would coincide with the improvements ofTen Mile Road and Pine Street. Our request included the construction of phase I & 2 (nine townhomes) and phase 3 (100 multi-family units). The applicant would not construct phase 4, which included 32 multi- family units and 21,000 square feet of office space, until the ACHD improvements were completed. 150 E. AIKENS ST., SUITE BEAGLE ID. 83616 phone:(208)938-0980 fax:(208)938-0941 It is our understanding that the Courtyards at Ten Mile project south of Pine Street was required to install two left-turn bays which consisted of a turn lane on Pine Street (westbound) and Ten Mile Road (southbound). The fact that these improvements would be installed this spring were never discussed or considered by the staff or Council. We worked diligently with the surrounding neighbors on our project. The lack of opposition at the public hearing makes it evident that conditions in this area have changed since the Valeri Heights project was processed in 2000. Some of those changes include: ACHD completing their design work for Ten Mile and Pine project; ACHD including the Ten Mile and Pine improvements in their Five- Year Plan scheduled for 2007; opening of Mountain View High School which reduced the traffic problems in the surrounding neighborhoods and the approval of other projects in the area with their improvements. According to ACHD staff in a meeting held January 14, 2005, the plans for the Ten Mile & Pine improvement project are 99% complete. For the 2005 calendar year, $750,000 has been allocated for right-of-way acqnisition on the project. For the 2006 calendar year, ACHD has allocated $ 250,000 for right-of-way acquisition. ACHD staff anticipates piping any ditches or drains for the Ten Mile/Pine project in the fall of 2006. Construction of the roadway improvements and signal will begin in the spring of 2007 with completion prior to the start of school in the fall of 2007. ACHD staff does not anticipate changes to this 2007 schedule since this project is in the first three years of the Five-Year Plan. The ACHD Commission has indicated that they will not change the priorities for projects which are scheduled in the first three years of the Five-Year Plan. The ACHD staff is confident that the improvements in this area will take place within the 2007 calendar year. The Findings of Fact & Conclusions of Law prepared for the project include a portion of the original recommendation made by the staff, If adopted as written, this project will not be viable. Please provide us the opportunity to discuss this at the January 18 Council meeting that includes the adoption of the Findings of Fact and Conclusions of Law. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay, Partner 150 E. AIKENS ST., SUITE BEAGLE ID. 83616 phone:(208)938-0980 fax:(208)938-o941 2