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HomeMy WebLinkAboutValeri Heights Sub ~J - ~ :::..: '" aMEMORANDUM: March 9, 2000 To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Planner Re: VALERI HEIGHTS by GOLD RIVER COMPANIES, INC. . Annexation & Zoning of 13.83 Acres from R-T to R-15 & LO (AZ-OO-006) . Conditional Use Permit for 128-Unit Apartment Complex, 8 Townhouse, and a 26,000 Square Foot Limited Office Complex (CUP-OO-014) . Preliminary Plat for Multi-Family and Townhouse Residential & Limited Office (P P -()()-(J{)5) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the Meridian City Council: · APPLICATIONS SUMMARY Three separate applications are covered in this report. The Annexation & Zoning application proposes to annex two existing parcels (both currently zoned RT in Ada County) and rezone 2.87 acres in the southwest comer to Limited Office (L-O) and the remainder of the site (10.96 acres) to R-15. The CUP application proposes a 128-unit apartment complex and 8 townhouses in the R-15 area and a single, 26,000 office building in the L-O area. The Preliminary Plat application proposes to subdivide the property into three (3) blocks, two of which comprise the eight townhouse lots only and the third is the apartments and office building. Both existing parcels are owned by David and Shirley Fuller and the project was submitted b~ Gold River Companies, Inc. as a Planned Unit Development. Compared to the previous application for this property which was denied by the City, this plan has reduced the number of apartments by 30 units (158 to 128), increased the number of townhouses from 6 to 8 and increased the office building from 18,000 s.f. to 26,000 s.f. We agree with the Applicant that the new plan has accommodated many of the Commission and Council's previous reasons for denial, most notably the elimination of tandem parking, increased open space and improved building layout. iJ !~ LOCATION = The subject parcefs are located at the northeast comer of W. Pine Street and S. Ten Mile Road. The property is located in an area designated as Mixed Residential in the Comprehensive Plan. A sub drain of Ten Mile Creek courses the extreme SWC of property. There is an existing house with -two agricultural outbuildings currently on the west parcel. The east parcel is vacant. ... Valeri Heights PD.AZ.CUP.PP.doc AZ-OO-006 CUP-OO-O 14 PP-OO-005 . i!1 " ~' a'll ~r. Mayor, Council ~d P&Z March 9, 2000 Page 2 SURROUNDING PROPERTIES North - Thunder Creek Subdivision (20 single-family homes platted in 1998). Zoned R-4 (Meridian). Four homes abut the north property lines of the proposed site. South - Immediately across W. Pine are several County parcels with single family homes zoned RT. The U.P .R.R. spur lies approximately 950 feet south on Ten Mile Road. The recently constructed Access Mini Storage complex is just south of the railroad tracks on the west side of Ten Mile. East - A private road, Can-Dee Lane, is adjacent to the east boundary. A single family home is situated on the east end of the parcel. West - Single family home on a 5.6 acre parcel zoned RT in Ada County. !'..i ANNEXATION & ZONING :,i 1. The legal descriptions submitted for annexation (one each for the requested L-O and R-15 zones) appear to meet the requirements of the Idaho State Tax Commission and the City of Meridian. Approved copies of the legal descriptions have been sent to the City Attorney's Office for their use in the preparation of an ordinance. ~k"( 2. 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. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to 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 ~roject. "!J 4. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement should 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 could 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. Staff recommends the CD-permitted Bars/ Alcoholic Establishments in the L-O be prohibited for this property in the D. A. i"'I 0) Valeri Heights PD.AZ.CUP.PP.doc ",:;. ~J Mayor, Council agd P&Z March 9, 2000 Page 3 ~ im CONDITIONAL USE GENERAL COMMENTS: As is common in a planned development, exceptions can be made by Council to district regulations when they are desirable to achieve the objectives of the proposed PD. "Ord. Section 12-6-5 MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. " Specific variances/exceptions that would need to be approved to grant this CUP/PD as presented would include: a Frontages for townhouse lots b Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606. B. c Front, street and side yard setbacks 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainllge shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential meas or the traveling public in accordance with City Ordinance Section 11-2- 414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City Valeri Heights PD.AZ.CUP.PP.doc AZ-OO-006 CUP-<Je-OI4 ~ PP-OO-005 ~.."'Ifj .~ - ~ ~~~, Mayor, Council and P&Z March 9,2000 Page 4 - of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 7 . All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 8. Screened trash enclosures shall be provided in accordance with Ordinance 11-2-413. A. 3 . 9. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. Required landscape setbacks on Ten Mile Road and Pine Street should not be included in these calculations. ~:; ~ 10. Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. Staff recognizes that, due to the close proximity of Access Mini Storage just south on Ten Mile Road, this requirement could be waived. 11. One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. Parking areas may be no closer than four feet (4') to any established street or alleyway. ~ 12. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. CONDITIONAL USE - Site Specific Comments: l..t 1. Applicant states that two monument signs will be proposed in the future, one at each entrance to the site. Staff recommends a maximum background area of 32 s.f. and a maximum height of 6 feet be placed on these signs. 2. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company ~d provide a letter of approval from their office Valeri Heights PD.AZ.CUP.PP.doc AZ-OO-006 Cup-OO-O 14 PP-OO-005 t..1 II ~ ~ ~ Mayor, Council and P&Z March 9, 2000 Page 5 ~ prior to applying for building permits. 3. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 4. If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) will be required prior to application for a Certificate of Zoning Compliance. ~~ 5. There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out should be added to this row of parking. PRELIMINARY PLAT - General Requirements: 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. " 2. Coordinate fITe hydrant placement with the City of Meridian Public Works Department. w. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual~sages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. ~< 4. If possible, respond in writing to each of the comments contained in this memorandum by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT - Site Specific Requirements: 1. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed developm~nt. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate Valeri Heights PD.AZ.CUP.PP.doc AZ-OO-006 CUP-OO-014 PP-OO-005 ~ ' oil ~~J ii~ P.J Mayor, Council and P&Z March 9, 2000 Page 6 main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. L Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this dev~lopment is contingent upon positive results from a hydraulic analysis by our computer ~odel. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. ~ Two-hundred-fifty- and l00-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1)11 . ~ Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. . Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. .~ L Please show all existing easements for irrigation/drainage facilities located within the boundaries 16f this proposed development. . Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and a,proval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety will be required for the improvements prior to signature on the fmal plat. I~ Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the [mal plat and/or building permit applications. All required . fencing is to be in place prior to applying for building permits. -c a'll Valeri Hei~ts PD.AZ.CUP.PP.doc ~ l..... ~ l!i!! Mayor, Council and P&Z March 9, 2000 Page 7 COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed Residential in the Meridian Comprehensive Plan. No defmition or standards presently exist for this designation. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to thi~ application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Land Use Chapter 1.4U - Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parks within all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. - 2.5U - Encourage compatible infill development that will improve existing neighborhoods. 6.8U - New urban density subllivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. . Natural Resources and Hazardous Areas 1.1 U - Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1 U - Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U - Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 2.9U - Designate Pine Street, from Eagle to Ten Mile, as Minor Arterial (proposed extension). Valeri Heights PD.AZ.CUP.PP.doc AZ-ii-006 Cup-OO-O 14 PP-OO-005 ~~, . ~ )- .i:'i ~ i.~ x Mayor, Council and P&Z March 9, 2000 Page 8 4.2 - Pine Street and Ten Mile are designated as bike lanes. Open Space.. Parks and Recreation 2.5U - New subdivision development...will be considered as opportunities to...Encourage the development of recreational open spaces and parks as part of new planned developments. Housin~ 1.1 - ... provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. . 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. ili o Community Desiil1 Chapter 5 .2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoods. 6.11 U - Promote well-planned and well-designated affordable housing in all Meridian neighborhooc1s. RECOMMENDATION iy' The COMPASS staff also reviewed this application for conformity with their long-range and alternative transportation plans. Specifically, they support the application and feel the office use in the project may decrease the total number of VMTs expected. Dobie Engineers (ACHD concurs) estimates the total number of additional vehicle trips to be 1,320 per day. Depending on the type of future services and tenants in the office building, the number of VMTs generated by the site could decrease, assuming some residents may utilize these businesses and reduce their average number of daily trips. COMPASS is alsoittentatively planning to conduct a feasibility study to convert the UPRR corridor to a bus way . While likely several years out, if this corridor is converted to some form of mass transit, Staff feels the higher density development less than 1,000 feet from the corridor is very compatible and would be a good use to compliment transit. Valeri Heights PD.AZ.CUP.PP.dClC AZ-OO-006 Cup-OO-O 14 PP-OO-005 ~~ ~ ~ m ~ Mayor, Council and P&Z March 9,2000 Page 9 With the recommended modifications above, Staff recommends approval of the Annexation, Conditional Use and Preliminary Plat applications. ~ . :~I Valeri HeiJJlts PD.AZ.CUP.PP.doc CUP-Qi-O 14 PP-0I0-0It5 ~ oil ~ BEFORE THE MERlDIAN CITY C/C 10-03..00 '1~ IN THE MATIER OF THE ) APPLICATION OF GOLD ) RIVER COMPANIES, INC., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 12.73 ACRES FOR VALERl ) 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-OQ-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING ~~'i ::.: 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 II 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 . ~ Davit! 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 RlVER COMPANIES, INC. / (AZ-OO-006) ~I ijJ ~ testifying with comments or concerns were: Erma Calhoun Atl<inson, 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 I<ritchville, 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, Vicki Fuller, Robert Welker, Amber I(ems, 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, IGrl< Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, ~ Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I<aty 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, ~ ..11 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 Decfsion and Order: FINDINGS OF FACT , 1. The notice of public hearing on the application for annexation and ::i 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 ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) I ~ fr~ I . ~'r( 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 nublic hearing having been posted upon the property under consideration ~ ~ more than onel.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 ha~ng 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,~OOO, 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. 3. 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 RNER COMPANIES, INC. / (AZ-OO-006) !! fi ~ ~ ~~( 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 lli. ~ 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 comer of W. Pine Street and S. Ten Mile Road. The property is designated as V. aleri 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-OO-006) ~"'; ~ (:1) 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. II 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-I5 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The Meridian City Council recognizes and takes notice of th~' 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. r~ 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 g.: imposed: FiNDINGS oi FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISIqN AND ORDER GRANTING APPLICATION FORANNEXA~ION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~M(1: ~ ~ Adopt tr-e Recommendations of Planning and Zoning and Engineering staff as follows: ,i 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 iqigation. . 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. 1:;: 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 CD-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 intersectipn of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to as~ure the signal is::constructed in accordance with standards. (Because of the location b~ing the intersection of two functional streets, the Commission may be jf; 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-OO-006) :'..~I ~ ~ 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"c.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,'liplates on the two new STOP signs and the two existing ST@P signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15, 2000, as fdllows: 16.7 All requirements within the Site Specific Requirements and Standard Requirements shall also be met. i4l"': ~ 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 ccordinaiion 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~treet). Adopt the action of the City Council from their September 19,2000, meeting as follows: 'I ~ 16.10 The property shall be subject to de-annexation to the previous RT zone if the property is not developed as agreed and assured by the developer in the companion preliminary plat and conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVf.R COMPANIES, INC. / (AZ-OO-006) ~ ~; ~I ::.:: 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 neighbG>ring 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 @f single-family attached and multi-family dwellings at a density not i~ exceeding fifte@n (15) dwelling units per acre in the R-15, and the L-Q permits the i\ establishment of groupings of professional, research, executive, administrative, '~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FqR ANNEXATION AND ZONING/ BY~GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~ ~.. l\l ~ 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 :ell:- development relates and is compatible to the goals and policies of the Co-mprehensive 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 Iv!eridian'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. ~ 20.5 Compliance with the requests of the political subdivisions providing 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-OO-006) ,;: 0.(, 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 Sbvice Planning Area is visually attractive, efficiently managed and clearly identifiable. pi ~ 20.6 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. 21. The property can be physically serviced with City water and sewer, if ~ applicant extends the lines. CONCLUSIONS OF LAW I. 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 Ci~'s Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and o~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, ]anuary4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD R.IVJ::R COMPANIES, INC. / (AZ-OO-006) ";..\' . ~ r'j4!.(j ~~ 4. T~e following are found to be pertinent provisions of the City of Meridian Comprehensive 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 mak~ 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 tbat 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 distriburion of new housing units within the Urban Service Planning Area. .,.. 4.3 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. 4.4 To provide housing opportunities for all economic groups ;Ii; within the community. j.): 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 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 available to all residents of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (~-OO-006) ~ ',If"': ~ 4.7 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 clearly identifiable. 5. The reque,~ted zonin~ of Medium High Density Residential District, (R- ;1 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- 15 District is to permit the establishment of medium-high density single- family attached and multi-family dwellings at a density not exceeding fifteen (15) dww.ling 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 ~ (1-0) 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 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. 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-OO-006) ~~ ~~ 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). 'Qt' 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 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 u-.J 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-OO-006) t,;: ~ ~ annexing and zoning the propeny, 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 persorr 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. .:. ~ :~I Ill. .. ~. 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-OO-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 ~anted subject to the terms and conditions of this Order . 'f." " 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 T.;I 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 coptain 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: !S.'; 3.1 Any existing domestic wells and/or septic systems within this project sliall 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-OO-006) ~~ irrigation. ~: 3.2 Any existing irrigation/drainage ditches crossing the property to be i~cluded in this project, shall be tiled per City Ordinance 12-4-13. The ctltches 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. . 3.3 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 c9nvenience store or other strictly commercial uses that are allowed in trie L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. !".il 3.4 Developer shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. ,. 3.5 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 wjlling to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does n~ approve ACHD participation, the signal shall be entirely the responsibility of the developer.) ~ 3.6 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" 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-OO-006) e If.''.i'j ~rl 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. ~ eveloper shall met all requirements within the Site Specific "Requirements and Standard Requirements of the ACHD's letter of August 15,2000. 3.8 Development of a transportation management plan in ccordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the develop~ent shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. is:. 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). oil 3.10 The p~operty shall be subject to de-annexation to the previous RT zone ifithe 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 m Residential District and (L-O) Limited Office District, Meridian City Code 9 11-7-2 E and 11-7-2 G. , ~ 5. Sfibsequent 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 1 !:I: FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD-"RIVER COMPANIES, INC. / (AZ-OO-006) ~j ~ 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 ta)<e 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 iJ 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 day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED :,; COUNCILMAN CHERIE McCANDLESS VOTED 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-OO-006) ~Il; ~l.: W.! MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B ~ y: City Clerk · Dated: msg/Z:\Work\M\Meridian\Meridian 15360M\Valeri Heights AZ\AZFfCIsOrderTwo.\vpd . ~ :e ~ ... 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-OO-006) ~ ~ ~ . DEVELOPMENT AGREEMENT .:- 10-03-00 PARTIES: 1. 2. 3. City of Meridian David Fuller and Shirley Fuller, Owners Vicki Welker/Gold River Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DAVID FULLER AND SHIRLEY FULLER, HUSBAND AND WIFE,"OWNER" whose address is 890 N. Ten Mile Road, Meridian, Idaho 83642, and VIeIa WELI<ER/GOLD RIVER COMPANIES, "DEVELOPER" whose address is 2326 W. Rainwater Ct., Meridian, Idaho 83642. 1. RECITALS: ~ 1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, are the sole owners, 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; and ~ 1.2 ~ WHEREAS, I.C. ~67-6511A, Idaho Code, provides that cities ~ay, . by ordinance, require or permit as a condition of re-zoning that the "Developer" and "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 Meridian City Code ~S 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a desiglJation of Medium High Density Residential ~ ~~~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1 .~.-( ~t; interoffice MEMORANDUM To: Mayor Robert D. Corrie, City Council ~~: cc: William G. Berg,~Jr. (received original AZ, PP and CUP Findings) " DICTATED BY ATTORNEY AND SE:'-~T MIS-U"UT "1, Wm. F. Nichols . 1\1.. rlJ~j Ilioi SIG(;~jJRE iN HIS !lBSt~1Gf TO AVtJ1J) ~i1.Y P and CUP From: Subject: Date: November 13,2000 Mayor Corrie and Council: Please find attached copies of the original documents which are being delivered to the City Clerk's office, for the above Valeri Heights project. Please note the following items were revised according to tll.e Council's action at their November 8,2000 meeting. Annexation and Zoning; Findings: 16.7 and 3.7, the additional language at the end of those sentences reads as follows: "except to the extent modified by any findings or order adopted by the Meridian City Council." P~~~iminary Plat Findings: :::~:::: Page 4 and Page 5 - "and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, ...". 2.36 reads after 2000, "except to the extent modified by any findings or order adopted by the Meridian City Council." 2.45 reads with the insertion of the language: "...at least two, down from 161 to 159," 15360M\ Valeri AZ\MayorCounciIRevisedAZPPCUPFindings II 0800.Mem j] (e) ~ :fn :.lj File Page 2 November 13,2000 2.46 deleted and then everything thereafter re-numbered. 2.49, which is now 2.48, reads "Make 20 family memberships available" 2.52 which is now 2.51, the words "if ACHD approves" were deleted. Conditional Use Permit: 13. 10 and 1.10, the word "Storage" deleted. 13.12 and 1.12, the words "maintenance building" deleted, so that it d "An d" now rea s approve.. .. 13.63 and 1.63 reads "... the two northern most apartment buildings," and at the end of the last sentence the additional language was added, ", a reduction of 8 units from the request of 128." 13.68 and 1.68 the words "at least two" were added. 13.74 and 1.74 the word "a" was deleted and an "s" put on the end of "lane" . 13.75 and 1.75 the words, "if ACHD approves" were deleted. Additionally, the Order was changed with the above revisions, along with the Site Plan information which.was added on page one to reflect the August 21, 2000 receipt by the City Clerk's office. P- If you have any questions please give me a call. Ill: ~ ~ I 5360M\Valeri l0800.Mem ~ ~ ~.' f,J: ~ 1S BEFORE THE MERIDIAN CITY COUNCIL IN THE MAnER 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 ) ) Revised ac 11-08-00 Case No. AZ-OO-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER II. 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 ~: to 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-OO-006) ~ fj ;!lJ ~7_ ~ 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 I<ritchville, 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 ~e project were: Jennifer Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber I(erns, 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, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I(aty Corbol, Mark Lines, Ricl< Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David Atldnson, Roger Ferner, Chelsea Ghasserani, lady 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 AN'D CONCLUSIONS OF lAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVpR COMPANIES, INC. / (AZ-OO-006) . i1 ~ ~ ~ scheduled for May 16,2000, and tabled to June 6,2000, June 20,2000, and July 18, ~t( 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 n: notice of public hearing having been posted upon the property under consideration l-;;j ~ 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 i""~ government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. I"JI ...' 2. There has been compliance with all notice and hearing requirements set III forth in Idaho Code ~9 67-6509 and 67-6511, and Meridian City Code ~9 11-15-5 and 11-16-1. 3. . 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-OO-006) ~ ,;) ~ ....11 development ordinances codified at Titles II 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. ~r t: 4. The property which is the subject to the application for annexation and 1Ir. zoning is described in the application, and by this reference is incorporated herein as I'. if set forth in full. ~ 5. The property is approximately 12.73 acres in size and is located at the northeast comer 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 soutfl. 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-OO-006) iil II.::!: ~ .:.I 10. The property which is the subject of this application is within the Area i,.1:'... 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 Comprehensiv~ 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. 14. 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-OO-006) ~ ~T! ~): 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 associatioJl, 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-oE-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-Q 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 CD-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 D'~veloper 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) ~ ~ I'';' ;}! ~~ 16.6 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 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. a'll 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. I Adopt the Comments of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14,2000, as follows: I I 16.8 Development of a transportation management plan in coordination with ACHD Comrnuteride 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: z 16.10 The property shall be subject to de-annexation to the previous RT zone if the property is not developed as agreed and assured by 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-OO-006) ~ ~ ~ in the companion preliminary plat and conditional use permit applications for this same property. 17. I~_ is found that if the developer pays for the requested improvements .t. 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. l~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 0f 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-OO-006) ~ ~ establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses, and requi~es 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 aI}llexation reques~,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 O~ FACT AND CONCLUSIONS OF lAW - Page 9 AND DECISIQN AND ORDER GRlNTING APPLICATION .FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~ ill ~ 20.5 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. 20.6 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. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. 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 ~\L 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 "i~cal Land Use Planning Act of 1975', codified at Chapter 65, Title 67, :::ii )!' ~ Idaho Code bytthe 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-OO-006) . : f:: ~ ~ ~ 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.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preseIVe 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 To encourage the kind of economic growth and development vvhich 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. :1:.1 ~. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. ~ 4.6 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 II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) I'. ~ ~ ~ ~ ~! available to all residents of the City. 4.7 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 clearly id.entifiable. rt 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- 15 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 parle 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-OO-006) ~ l~1 00 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 .'j any legal lot w;irfhin 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 Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). "' 8. :~ The development of the annexed land, if annexed, shall"ineet and L!J 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 andSubdivision 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 ....11 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION ANO ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) Iii ~ r. ~ 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 teiininated 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. I! ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RlVER COMPANIES, INC. / (AZ-OO-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 t~ 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~1in 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 DECISIQ.N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~ ~ ;.w: II ~ irrigation. U;'.; 3.2 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. 3.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall ~dress, among other things, specific landscape/common area requirements, any height limitations, right-of-way dedication prior to submitting for building permits, signage, bik~ 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 CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. 3.4 Developer shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. ~ . 3.5 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 willing to provide the signal hardware if the develope~ 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.) . .:- 3.6 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 ... FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLlCATIOM FOR ANNEXATION AND ZONING/ BY GOLD RIW:R COMPANIES, INC. / (AZ-OO-006) I'. ~ ~ 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. !U 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 9 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 Warks 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-OO-006) :I! IjV ~ appropriate mapping changes of the official boundaries and zoning maps as provided :r; ~ in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation ~~ and zoning ordinance. NOTICE OF FINAL ACTION . Please fake 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 affe~ed by the issuance or '1 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 day of , 2000. ROLL CALL $. :lI COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED COUNGILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED 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-OO-006) it:i ~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: VOTED MOTION: APPROVED: DISAPPROVED: r,: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: ;::; msglZ:\ W ork\M\Meridian\Meridian 153 60M\ Valeri Hefghts AZ\AZFfCIsOrderTwo.wpd ., ....11 . :t) 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-OO-006)