HomeMy WebLinkAboutValeri Heights Subd
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WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAw
JULIE KLEIN FISCHER
WM. F. GIORAY, III
BIlENT JOHN3I)N
D. SAWUEL JOHNSON
WILLIAM AI. MORROW
WILLIAW F. NICHOLS.
CHRISTOPHER S. Nn
PHILIP 6:. PETERSON
STEPHEN L. PRuss
ERIC S. ROSSMAN
TODD A. ROS~AN
DAVID M. SWARTLEY
TERRENCE R. WHITE..
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288..,499
FAX (208) 288..2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NJIIMP~ IDAHO 836S3~Ol17
TEL (208) 466#9272
FAX ~66..4"05
Email viaInternet@wfg@wppmg.com
*'ALSO ~ITTED IN OR
*'.~ Aal.ITTED IN JIIA
PLEJI\SE REPLY TO
MERIDIAN OFFICE
August 18, 2000
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William G. Berg,_ Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
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Re:
VALERI HEIGHTS SUBDIVISION / ANNEXATION AND
ZONING FINDINGS, DEVELOPMENT AGREEMENT,
RESOLUTION AND CERTIFICATE OF CLERI(
CASE NO. AZ-OO-006
Dear Will:
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Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting
of August 15,2000, and which are on tne agenda for September 5,2000. I have also attached =
the on~nals of the Resolution and Certificate of the Clerk for the Development Agreement for
ownerfdeveloper's signature.
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. I have also attached hereto the Development Agreement for the above matter.
After the Council meeting of September 5,2000, if Council approves the Findings of Fact and
Conclusions of Law for ilie above matter, then the Findings Wllf need to be attached to the four
Development Agreements as Exhibit "B".
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, After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the
Development Agreement to the owner/developer for signature.
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Very truly yours,
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Wm. F. Nichols
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mswZ:\Work\M\lvl~ridian 15360~solution Business Park AZ RZ CUP PP\FFCL and
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BEFORE THE MERIDIAN CITY COUNCIL
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08-16-00
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IN THE MATIER OF THE
APPLICATION OF VICKI )
~, THE APPLICATION )
FOR ANNEXATION AND )
ZONING OF 12.73 ACRES FOR )
VALERI HEIGHTS )
SUBDIVIS!ON FROM R-T TO )
R-15 AND~t-O, LOCATED AT )
THE NORTHEAST CORNER OF )
W. PINE STREET AND S. TEN )
MILE ROAD, MERIDIAN, )
IDAHO )
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Case No. AZ-OO-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
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~~ The above entitled annexation and zoning application having come on
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for public h~aring on May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and
July 18, 2000';'and then re-noticed fo! August 15,2000, at the hour of 7:30 p.m., and
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at the May ~ 6~ 2000 meeting Shari Stiles, Planning and Zoning Administrator,
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appeared mid testified, and appearing and testifyipg on behalf of the Applicant 'wa&
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David Bailey, Pat ~-Traffic Engineer, Scott Harri~~n-proiect Designer, and
Michael Mci:rceeze-Property Manager Consultant, and Dave Fuller, and appearing and
testifying with comments or concerns were:
a Calhobn Atkinson, Rick Lambert,
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FINDINGS:;OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECI~SION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VIela \VELI<ER-i
(AZ-00-006? .
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Chris Valle~, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas,
Reese Walt1J.er, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15,
2000 meeting
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mee_g, anCl the City Council having duly considered the evidence and the record in
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this matter therefore makes the following Findings of Fact and Conclusions of Law,
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and Decision and Order:
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FINDINGS OF FACT
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1. ~ The notice of public hearing on the application for annexation and
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zoning was published for two (2) consecutive weeks prior to said public hearing
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scheduled ffr May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and July 18,
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2000, and then re-noticed for August 15,2000, before the City Council, the first
publicationfPpearing and written notice having been mailed to property owners or
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purchasers Qf necord within three hundred feet (300') of the external boundaries of
the propertf. under consideration more than fifteen (15) days prior to said hearing
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FINDINGSiOF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECt-SION AND ORDER GRANTING APPLICATION
FORANNRXATION AND ZONING/BYVICI<I WELI<ER
(AZ-00-006) I
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and with thf notice of public hearing having been posted upon the property under
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consideratic$h more than one week before said hearing; and that copies of all notices
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were made ~vailable to newspaper, radio and television stations as public service
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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 public hearing; and the applicant, affected
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property owners, and government subdivisions providing services within the planning
jurisdiction ~of the City of Meridian, having been given full opportunity to express
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comments Jhd submit evidence.
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2. ~ There has been compliance with all notice and hearing requirements set
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forth in Ida&o Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5
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and 11-16-1..
3. 9 The City Council takes judicial notice of its zoning, subdivisions and
developmer\t. ordinances codified at Titles 11 and 12, Meridian City Code, and all
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current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
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adopted Det:emher 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
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ordinance Establishing the Impact Area Boundary.
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4. ~ The property which is the subject to the application for annexation and
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zoning is de.scribed in the application, and by this reference is incorporated herein as
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if set forth (h full. The property is approximately 12.73 acres in size and is located at
FINDING~OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DEC~ION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIG WELI<ER
(AZ-OO-OO~
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the northea~t corner of W. Pine Street and S. Ten Mile Road. The property is
designated ~s Valeri Heights Subdivision.
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5. !i.'i The owner of record of the subject property is David and Shirley Fuller,
of Meridian, Idaho.
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6. Applicant is Gold River Companies, Inc. of Meridian, Idaho.
7. ~ The property is presently zoned by Ada County as Rural Transitional,
and consis~s of undeveloped land.
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8. ~ The Applicant requests the property be zoned as Limited Office (L-O)
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and High Density Residential (R-15).
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9. . The subject property is bordered to the east west a.nd south by Ada
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County amI-city limits of the City of Meridian are adjacent and abut to the north of
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the subject property.
10. The property which is the subject of this application is within the Area
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of Impact of tHe City of Meridian. ~
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11. The entire parcel of the property is included within the Meridian Urban
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Service Plar},ning Area as the Urban Service Planning Area is defined in the Meridian
Comprehenlive Plan.
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12. ~ The Applicant proposes to develop the subject property in the following
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manner: mJIti-family townhouse and office complex.
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13. n The Applicant requests zoning of the subject real property as L-O and
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FINDING5;OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISIQN AND ORDER GRANTING APPLICATION
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FOR ANNEXATION AND ZONING/BYVICICI WELI<ER
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(AZ-OO-OO6) .
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R-15 which~s consistent with the Meridian Comprehensive Plan Generalized Land
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Use Map which designates the subject property as Mixed Residential.
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14. ;~, The Meridian City Council recognizes and takes notice of the concerns
of Reese Walther, Irma Atkinson, Laura Wilder, Glenn Blaser, Joe DuRosa and Brian
Pearson, Steve and Debbie Shurte, Brett and Stephanie Nelson, Margie Schroeder,
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Gary Belcher, Heath, Amy Thomas, Rick Lambert, Chris Vallee, Steve Bravo, Steve
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Martin, Laura Wilder, Marie Tamas, and Seth Meyer, along with several letters and
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Petitions infopposition to the development and which are filed with the Clerk's
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office.
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15. ~ There are no significant or scenic feat,.ures of major importance that
affect the c&nsideration of this application.
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16. :J G_iving due consideration to the comment received from the
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~governmentpJ subdivisions providing services in the City of Meridian planning
jurisdiction;!! public facilities and services required by the proposed Jevelopment will
not impose ~xpense upon the public if the following conditions of development are
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imposed: Ii
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Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows: ~
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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.
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FINDINGS:OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECr~ION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICICI WELI<ER
(AZ-OO-OO6:)
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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
.~. cijtches to be piped shall be shown on the site plans. Plans shall 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 project.
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16.3 Applicant shall be required to enter into a Development Agreement with
ill the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
~ development agreement, restrictions shall also be placed on the use of
~ the proposed L-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
; the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic
: ~~tablishments in the L-O shall be prohibited for this property in the
Development Agreement.
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Adopt the Comments of Ada County Highway District from their letter dated
April 3, 2000, as follows:
16.4; ACHD noted a 41 % increase in traffic over their 8/26/97 count, the
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n most recent count on Ten Mile Road at Pine Street is 8,555 vpd, which
9. was done on 11/23/99. ACHD's estimated Pine Street traffic count is
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about 2,600 vpd.
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16.5 r; ACHD also noted the capacity of Ten Mile Road is approximately
14,500 vpd and the capacity of Pine Street is about 8500 vpd.
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16.6 iI ACHD additionally noted that at Ten Mile/Pine intersection it may be
· time to install turn lanes, an all-way stop, or both.
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and additiovally adopt the Comments of Ada County Highway District from their
letter datedaMay 15, 2000, as follows:
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16. 7 ~ The developer shall be required to install a traffic signal at the
~ intersection of Ten Mile and Pine Street, additionally, an agreement
FINDINGS~OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER C\RANTING APPLICATION
FOR ANNEXi\TION AND ZONING/BY VICIa WELI<ER
(AZ-00-006 )
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between ACHD and the developer shall be necessary to assure the signal
is constructed in accordance with standards. (Because of the location
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.- being the intersection of two functionally streets, the Commission may
be willing to provide the signal hardware if the developer pays for the
_ design and construction of the traffic signal. If the Commission does
- not approve ACHD participation, the signal shall be entirely the
responsibility of the developer.)
16.8 ~.p Developer shall provide an interim all-way stop to provide additional
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safety during the construction of the traffic signal and the initial
slibdivision ~ork. 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.
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Adopt. the Comments of Community Planning Association of Southwest Idaho
(COMPASS) from their letter dated June 14,2000, as follows:
16.9 ri 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.
III 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.
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16.1 Q In addition to the ACHD requirements, cross walks shall be placed at
r; beth Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
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17. . It is found that if the developer pays for the requested improvements
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and complies with the conditions set forth in these Findings of Fact No. 16, and all
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sub-parts, Je economic welfare of the City and its residents and tax and rate payers
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will be protected, which requirement shall be included in a development agreement, a
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condition of annexation and zoning designation.
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FINDING~OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECIfION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-OO-OO6j
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18. i 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
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assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
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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
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proposed uses will not be hazardous or disturbing to the existing, or future
neighborin(uses, particularly considering the impact of proposed development on
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potential tolproduce excessive traffic, noise, smoke, fumes, glare and odors.
19. ~ It is found that the zoning of the subject real property as (R-15)
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Medium High Density Residential District and (L-O) Limited Office permits the
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establishmett of single-family attached and multi-family dwellings at a density not
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exceeding fifteen (15) dwelling units per acre in tile R-15, and the L-O permits the
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establishment en groupings of professional, research, executive, administrative,
accounting,:;clerical, stenographic, public service and similar uses, and requires
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connection to the Municipal Water and Sewer systems and will be compatible with
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the Applicant's development intentions, and will assure that the zoning is consistent
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with the Meridian Comprehensive Plan Generalized Land Use Map which designates
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the subject property as Mixed Residential.
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20. · The subject annexation request and zoning designation and proposed
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FINDINGS~OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICIG WELI<ER
(AZ-OO-OO~
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developmer(t relates and is compatible to the goals and policies of the Comprehensive
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Plan of the City as follows:
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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
~li 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.
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20.4 .- The preseIVation 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.
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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.
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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. i' The property can be physically serviced with City water and sewer, if
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FINDINGS~OJ; FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICI<I WELI<ER
(AZ-OO-006)
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applicant extends the lines.
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CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
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boundaries and that said property lies within the area of city impact as provided by
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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.
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2. ~ The Council may take judicial notice of government ordinances, and
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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 "Lucal Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
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Idaho Codel'by\ the adoption of 'Comprehensive Plan City of Meridian adopted
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December~, 1993, Ord. No. 629, January 4,1994.
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4. ~ The following are found to be pertinent provisions of the City of
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Meridian C?,mprehensive Plan and are applicable to this Application:
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The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
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4.1 To preserve Meridian's environmental quality and to mal<e
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which Ileal with area-specific policies and
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FINDINGS~OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECI6ION AND ORDER GRANTING APPLICATION
FORANN&xAtION AND ZONING/BYVICI<I WELI<ER
(AZ-OO-006~
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33 4.2 To ensure that growth and development occur in an
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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. ~
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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
III ability to finance and implement public improvements,
services and its open space character.
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!J 4.4 To provide housing opportunities for all economic groups
'!JJ within the community.
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;, 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.
III 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.
4.7 To provide community services to fit existing and projected
needs.
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4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design;)t.
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4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
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4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
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FINDINGSiOF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICI<I WELICER
(AZ-OO-OO~
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5. ~ The requested zoning of Medium High Density Residential District, (R-
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15) and Lin\ited Office are defined in the Zoning Ordinance at 11-7 -2 E and 11-7-2
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(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 a.nd multi-family dwellings at a density not exceeding fifteen
(15) dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct access to a park or open
space:corridor, and be connected to the Municipal water and sewer systems of
the City. The predominate housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
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and
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(L-O) Limited Office District: The purpose of the L-O District is to permit
the e~tablishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public seIVice and similar
uses. ~Research uses shall not involve heavy testing operations of any kind or
prodtict manufacturing of such a nature to create noise, vibration or emissions
of a ~ature offensive to the overall purpose of this District. The L-Q District is
designed to act as a buffer between other more intense nonresidential uses and
high ~ensity 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.
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6. ~ By authority of the City of Meridian under the Comprehensive Plan, a
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conditionalfse permit is required for Applicant to construct and develop a multi-
family towrtouse and office complex as permitted in the R-15 and L-O zones and
compatible ~th the City's Comprehensive Plan and Zoning Ordinances on any legal
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lot within t4is parcel of land.
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7. II! Since the annexation and zoning of land is a legislative function, the
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FINDING~OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECI5ION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-OO-OO~
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City has aufhority to place conditions upon the annexation of land. See Burt vs. The
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City of Id~o Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 12-2-4:which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping 'of ditches; and Section 12-5-2 N,
which pertains to pressurized irrigation systems.
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9. ~ The development of the property shall be subject to and controlled by
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the Zoning and Subdivision and Development Ordinance of the City of Meridian.
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10. I~ Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
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If prope-rty is annexed and zoned, the City may require or permit, as a
cond~ion of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
comqutment 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
anneJing and zoning the property, or prior if agreed to by the owner of the
parcei. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
ownel-, and each otilier person acquiring an interest in the property. A
cOffil\litment is binding on the owner of the property even if it is unrecorded;
howeVer, an unrecorded commitment is binding on subsequent owners and .)
each tth~r person acquiring an interest in the property only if the subsequent
ownet atid each other person acquiring an interest in the property has actual
notice of the commitment.
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FINDING~OF!FACT AND CONCLUSIONS OF LAW - Page 13
AND DECI~ION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/BY VIeIa WELI<ER
(AZ-OO-OO6j
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DECISION AND ORDER
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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
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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
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hereinafter stated.
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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
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State of Idaho, and shall conform to all the provisions of the City of Meridian
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Resolution No~..158. The legal description for annexation must place this parcel
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contiguous to the Corporate City Limits per Ordinance No. 686.
3. ~ Applicant enter into a Development Agreement, and such Development
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Agreement shall also include and contain the conditions of and for the real property
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which provi~e~lilln the event the conditions therein are not met by the Applicant that
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the property shall be subject to re-zone and/or de-annexation, with the City of
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Meridian, '\iVhich 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 <!
f 9-1-4. Wells may be used for non-domestic purposes such as landscape
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FINDINGS~OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
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FOR ANNEXATION AND ZONING/BYVICI<I WELI<ER
(AZ-OO-006) .
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irrigation.
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3.2 ~~~ Any existing irrigation/drainage ditches crossing the p~operty to be
included in this project, shall be !iled per City Ordinance 12-4-13. The
t ditches to be piped shall be shown on the site plans. Plans shall need to
be approved by the appropriate irrigation/drainage district, or lateral
e; users association, with written confirmation of said a1?proval submitted
to the Public Works Department. No variances have been requested for
I!I tiling of any ditches crossi~$ 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
:I: 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.
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3.4 ~~ ACHD noted a 41 % increase in traffic over their 8/26/97 count, the
~ most recent count on Ten Mile Road at Pine Street is 8,555 vpd, which
· was done on 11/23/99. ACHD's estimated Pine Street traffic count is
~ about 2,600 vpd.
3.5 i ACHD also noted the capacity of Ten Mile Road is approximately
. 14,500 vpd and the capacity of Pine Street is about 8500 vpd.
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3.6 ACHD additionally noted that at Ten Mile/Pine intersection it may be
I~ time to install turn lanes, an all-way stop, or both.
~.~ 3. 7 ~ The developer shall be required to install a traffic signal at the
: intersection of Ten Mile and Pine Street, additionally, an agreement
-4 between ACHD and the developer shall be necessary to assure the signal
~ is constructed in accordance with standards. (Because of the location
· b~ing the intersection of two functionally streets, the Commission may
- be willing to provide the signal hardware if the developer pays for the
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FINDINGslo~.FACTAND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICI<I WELICER
(AZ-OO-OO~
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z:; design and construction of the traffic signal. If the Commission does
~ not approve ACHD participation, the signal shall be entirely the
'l responsibility of the de;yeloper.)
3.8 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"
!i 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.
3.9 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 development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
;( for trip reduction goals.
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3.1 0 ~. 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).
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
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property which is the subject of the application to (R-15) Medium High Density
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Residential District and (L-O) Limited Office District, Meridian City Code ~ 11-7-2
E and 11-7-~ G.
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5. I; Stlbsequent 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
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appropriate~maf>ping changes of the official boundaries and zoning maps as provided
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FINDINGS;;OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
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FOR ANNEXATION AND ZONING/BYVICICI WELI<ER
(AZ-OO-OO6j
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in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation
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and zoning ordinance.
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NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
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of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of tpe annexation and zoning and who may within twenty-eight (28) days
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after the da~e of this decision and order seek a judicial review as provided by Chapter
III
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52, Title 67; Idaho Code.
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By a<;.tion of the City Council at its regular meeting held on the
day of
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ROLL CALL
COUNCILMAN RON ANDERSON
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VOTED
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COUNGILMAN I<EITH BIRD
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VOTED
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IJ;COUNCILMAN TAMMY deWEERD
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VOTED
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COUNCILMAN CHERIE McCANDLESS
VOTED
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FINDINGSnOF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECltiI@N AND ORDER GRANTING APPLICATION
FORANN~XATION AND ZONING/BYVICICI WELI<ER
(AZ-OO-OO6;} ~
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MAYOR ROBERT D. CORRIE (TIE BREAlCER)
DATfD:
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VOTED
MOTION:
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APPROVED:
DISAPPROVED:
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Copy served upon Applicant, the Planning and Zoning Department, Public Warks
Department and the City Attorney.
By: i
City Cle~k
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Dated:
msgfZ:\Work\M\Meridian 15360M\Valeri Heights AZ\AZFfClsOrderTwo
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FINDINGS~OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYVICIG WELlCER
(AZ-OO-OO~)
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PARTIES:
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DEVELOPMENT AGREEMENT
1.
2.
3.
City of Meridian
David Fuller and Shirley Fuller, Owners
Vicki Welker, 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 VICI<I WELI<ER, "DEVELOPER" whose address is 2326 W.
Rainwater Ct., Meridian, Idaho 83642.
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1. RECITALS:
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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
WHEREAS, I.C. ~67-65\lA, Idaho Code, provides that cities may,
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
WHEREAS, "City" has exercised its statutory authority by the
enactment of Meridian City Code 99 11-7 -12 and 11-16-4 A, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property" described in Exhibit A, and
has requested a designation of Medium High Density Residential
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1
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.-. District (R-15) and Limited Office District (L-O), (Meridian City
Code) Case No. AZ-OO-006; and
1.-5 WHEREAS, "D~eveloper" has made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
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WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the _ day of , 2000, has
approved certain annexation and zoning Findings of Fact and
Conclusions of Law and Decision and Order, Case No. AZ-OO-006,
set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
WHEREAS, both the "Findings" require the "Developer"/"Owner"
to enter into a development agreement before the City Council. tal(es
final action on annexation and zoning and zoning designation; and
"DEVELOPER"j"OWNER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
WHEREAS, "City" requires the "Developer"/"Owner" to enter into a
development agreement for the purpose of ensuring that "Property"
is developed, and the subsequent use of the "Property" is, in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning and re-
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 2
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zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in accordance
with the Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994, and the
Zoning and Development Ordinance codified in Title II, Municipal
Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth he~ein, the parties agree as follows:
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2. INCORPORATION OF RECITALS: That the above recitals are
contracty.al and binding and are incorporated herein as if set forth in full.
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3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and
interpre~d as herein provided for, unless the clear context of the presentation of
,: the same requires otherwise:
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3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
~ law of the State of Idaho, whose address is 33 East Idaho Avenue,
: :;: Meridian, Idaho 83642. Ii:
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3.!2 ~ "DEVELOPER": means and refers to Vicki Welker, 2326 w.
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Rainwater Ct., Meridian, Idaho 83642, and her successors, assigns
and affiliates, whose address is 2326 W. Rainwater Ct., Meridian,
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~ ~ Idaho 83642, the party developing "Property" and shall include any
subsequent owner ( s )/developer( s) of the "Property".
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"OWNER": means and refers to Owner of the property as described
in Exhibit "A", David Fuller and Shirley Fuller, husband and wife,
whose address is 890 N. Ten Mile Rd., Meridian, Idaho 83642,
"PROPERTY": means and refers to Property, owned by David
Fuller and Shirley Fuller, husband and wife, 890 N. Ten Mile Rd.,
~,~ Meridian, Idaho 83642, which is that certain parcel(s) of "Property"
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 3
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located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
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The uses and development allowed pursuant to this Agreement of
the subject property shall be subject to and pursuant to those uses
allowed under "City'''s Zoning Ordinance codified at Meridian City
Code ~ 11-7 -2 D which are herein specified as follows:
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(R-15) Medium High Density Residential District:
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A parcel~f land situated in a portion of the S1/2 of the NW1/4 of Section 11
T.3N., R. 1W., B.M., Ada County, Idaho and being particularly described as
follows: .
.
Commeticing at a brass cap marking the W 1/4 comer of said Section 11, thence
along th~ West line of said NW 1/4 N 00025'27" E a distance of 460.09 feet to a
point from which a brass cap marking the NW corner of said Section bears N
00025'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING; .
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Thence ~ontinuing along said Section line N 00025'27" E a distance of 239.80 feet
to a 5/8 inch rebar;
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Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch
rebar; ~
Thence ~ 80040'45" E a distance of 344.45 feet to a point;
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Thence ~ 61001'27" E a distance of 14.33 feet to a point;
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Thence ~ 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar;
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Thence 310ng the South line of said NWl/4 N 89010'57" W a distance of 485.79
feet to aJJoint;
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 4
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Thence leaving said Section lipe N 00049'03" E a <!~stance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 feet, a
central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30
feet bearing N 11 051 '28" E to a point;
Thence ~ 22053'52" E a distance of 51.44 feet to a point;
...
Thence ~ 67006'08" W a distance of 43.08 feet to a point;
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Thence N 89010'57" W a distance of 156.38 feet to a point;
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Thence N 00025'27" E a distance of 273.96 feet to a point;
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Thence ~ 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
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Said partel contains 10.96 acres more or less and is subject to all existing
easemen~s and rights-of-way of record or implied.
and
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(L-O) Limited Office District
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A parcel ~bf land situated in a portion of the S 1;2 of the NW 1/4 of Section 11, T.
3N., R. lW., B.M., Ada County, Idaho and being particularly described as
follows: ,I.r
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BEGIN~ING at a brass cap marking the W 1/4 corner of said Section, thence
along the West line of said NWl/4 N 00025'27" E a distance of 460.09 feet to a
point fr<f.tn which a brass cap marking the NW comer of said Section bears N
00025'27" E a distance of 2196.33 feet;
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Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a
point; : .
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Thence S 0025'27" W a distance of 273.96 feet to a point;
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Thence i 89010'57" E a distance of 156.38 feet to a point;
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DEVELOP~ENT AGREEMENT - (AZ-OO-006) - 5
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Thence S 67006'08" E a distance of 43.08 feet to a point;
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Thence S 22053'52" W a distance of 51.44 feet to a point;
Thence along the arc of a curve to the left having a radius of ~90.00 feet, a central
angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet
bearing ~ 11 051 '28" W to a point;
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Thence S 0049'03" W a distance of 86.04 feet to a point;
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Thence along the South line of said NWl/4 N 89010'57" W a distance of 368.85
feet to the POINT OF BEGINNING.
Said parcel contains 2.87 acres more or less and is subject to all existing easements
and rightls-of-way of record or implied. ~
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F:J, the construction and development of a multi-family townhouse and office
co!!,plex as permitted in the R-15 and L-O zones and compatible with the
City's Comprehensive Plan and Zoning Ordinances.
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No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
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PROPERT'i:
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"Developer/Owner" shall develop the "Property" in accordance with
the following special conditions:
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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.
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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
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 6
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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 project.
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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 appli~ation 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.
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5..71 ACHD noted a 41 % increase in traffic over their 8/26/97 count, the
most recent count on Ten Mile Road at Pine Street is 8,555 vpd,
which was done on 11/23/99. ACHD's estimated Pine Street traffic
count is about 2,600 vpd.
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ACHD also noted the capacity of Ten Mile Road is approximately
14,500 vpd and the capacity of Pine Street is about 8500 vpd.
ACHD additionally noted that at Ten Mile/Pine intersection it may
be time to install turn lanes, an all-way stop, or both.
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 functionally streets, the
Commission may be willing to provide the signal hardware if the
developer pays for the design and construction of the traffic signal.
If the Commission does not approve ACHD participation, the signal
shall be entirely the responsibility of the developer.)
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7
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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.
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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 development shall meet a
10% trip reduction goal during peak hour traffic, and also provide
short and long term scenarios for trip reduction goals.
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5.J 0 In addition to the ACHD requirements, cross walks shall be placed
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at both Ten Mile Road and Pine Street for pedestrian comfort and
safety, especially the children walking to and from school (across
Pine Street).
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6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning
designation reversed, upon a default of the "Developer/Owner" or
"Developer/Owner'''s heirs, succes~prs, assigns, to comply with Sections 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within tvyo (2) years of the date this Agreement is effective, and after the "City"
has complied with the notice and hearing procedures as outlined in I.e. ~ 67-
6509, orrany subsequent amendments or recodifications thereof.
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7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
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ZONING DESIGNATION:
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"I?eveloper/Owner" consents upon default to the de-annexation and/or a
reversal Qf the zoning designation of the "Property" to which the default applies
subject t? and conditioned upon the following conditions precedent to-wit:
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That the "City" provide written notice of any failure to comply with
this Agreement to "Developer/Owner" and if the "Developer/Owner"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Developer/Owner" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by
this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of
this De~lopment Agreement and all other ordinances of the "City" that apply to
said Delelopment.
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9. DEFAULT:
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In the event "Developer/Owner", "Developer/Owner"'s heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may
be modified or terminated with respect to the "Property" which is in
default by the "City" upon compliance with the requirements of the
Zoning Ordinance.
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A waiver by "City" of any default by "Developer/Owner" of anyone
or more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
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10. ~QUlREMENT FOR RECORDATION: "City" shall record either a
memora~dum of this Agreement or this Agreement, including all of the Exhibits,
at "Deveiop.er/Owner"'s cost, and submit proof of such recording to
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"Develol?er/Owner", prior to the third reading of the Meridian Zoning Ordinance
in conne~tion with the annexation and zoning of the "Property" by the City
Council.~: If for any reason after such recordation, the City Council fails to adopt
the ordiqance in connection with the annexation and zoning of the "Property"
contemp1ated hereby, the "City" shall execute and record an appropriate
instrumt!nt of release of this Agreement.
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DEVELOPK1:ENT AGREEMENT - (AZ-OO-006) - 9
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II. ZONING: "City" shall, following recordation of the duly approved
Agreement,~'enact a valid and binding ordinance zoning the "Property" as specified
herein. ~
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12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer/Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to secure
the specific performance of the covenants, agreements, conditions, and obligations
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containe-d herein.
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12.2
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In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer/Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
~: .. provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same
with diligence and continuity, then the time allowed to cure such
failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
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In the event the performance of any covenant to be performed
hereunder by either "Developer/Owner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
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13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under Meridian City Code 912-5-3, to insure that installation
of the improvements required in section 6 of this agreement, which the
"Developer/Owner" agrees to provide, if required by the "City".
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DEVELOP~NT AGREEMENT - (AZ-OO-006) - 10
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14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that
no Certificates of Occupancy will be issued until all improvements required in
section 6 of this agreement are completed, unless the "City" and
"Developer/Owner" have entered into an addendum agreement stating when the
improvements required in section 6 of this agreement will be completed in a
phased development; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements required in section 6 of this
agreement have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees
to abide by all ordinances of the City of Meridian and "Property" as the case may
be shall be subject to de-annexation if the owner or his assigns, heirs, or successors
shall not meet the conditions contained in the Findings of Fact and Conclusions
of Law, this Development Agreement, and the Ordinances of the City of
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Meridian.
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16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3)
days afti" deposit in the United States Mail, registered or certified mail, postage
prepaid,Jeturn receipt requested, addressed as follows:
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CITY:
DEVELOPER:
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do City -fngineer
City of &1eridian
33 E. Idfuo Ave.
Meridia~, ID 83642
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Gold River Companies, Inc.
2326 W. Rainwater Ct.
Meridian, ID 83642
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with copy to:
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OWNER:
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City Clerk
City of Ie1eridian
33 E. Id~ho Ave.
Meridiaa, ID 83642
David and Shirley Fuller
890 N. Ten Mile Road
Meridian, ID 83642
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A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. AITORNEY FEES: Should any litigation be commenced between the
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parties ~reto copcerning this Agreement, the prevailing party shall be entitled, in
addition to anyJother relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This
provisiott shall be deemed to be a separate contract between the parties and shall
survive C\,ny default, termination or forfeiture of this Agreement.
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18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to p~rform.
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19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and
personal:1representatives, including "City'''s corporate authorities and their
successors in office. This Agreement shall be binding on the owner of the
"Property", each subsequent owner and any other person acquiring an interest in
the "Property". Nothing herein shall in any way prevent sale or alienation of the
"Propertf", or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both
benefitt<;p. and bound by the conditio~s and restrictions herein expressed. "City"
agrees, uJ>on written request of "Developer/Owner", to execute appropriate and
recordalr~e evidence of termination of this Agreement if "City", in its sole and
reasonaWe discretion, had determined that "Developer/Owner" has fully
performlt its obligations under this Agreement.
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20. I~ALID PROVISION: If any provision of this Agreement is held not
valid by e. court of competent jurisdiction, such provision shall be deemed to be
excised (rom this Agreement and the invalidity thereof shall not affect any of the
other previsions contained herein. ,~
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21 ': ~FINAL AGREEMENT: This Agreement sets forth all promises,
inducem~nts, agreements, condition and understandings between
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 12
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"Developer/Owner" and "City" relative to the subject matter hereof, and there are ~
no promises, agreements, conditions or understanding, either oral pr written,
express or implied, between "Developer/Owner" and "City", other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change, addendum or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successo.fs in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
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No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council after
the ""City" has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment except
that minor modification(s) of required improvements provided for in
section 7 may be approved by City Public Warks and Planning and
Zoning Staff, if such changes are required or preferred by Ada
County Highway District Staff.
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22. EfFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective:.Dn the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"PropertY''' and execution of the Mayor and City Clerk.
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 13
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ACI<NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
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DEVELOPER:
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GOLD RIVER COMPANIES, INC.
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BY:
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Vicki Welker, President
ATIES1J:
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Diana ~elker, Secretary
BY REsbLUTION NO.
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OWNER:
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David Fuller
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Shirley Fuller
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CITY OF MERIDIAN
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BY:
MAYOR ROBERT D. CORRIE
Attest:
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CITY CLERI(
BY RESOLUTION NO.
II
STATE OF IDAHO
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COUNTY OF ADA
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On this day of , in the year 2000, before
me, a N~tary Public, in and for said County and State, personally appeared Vicl<.i
Welker and Diana Welker, President and Secretary of Gold River Companies, Inc.,
an Idaho'corporation, known or identified to me to be the persons who executed the
instrument and acknowledged to me that they did execute the foregoing instrument
on behalf of said corporation.
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(SEAL) ~
Notary Public
:~My Commission expires:
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 15
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STATE OF IDAHO )
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County of Ada
On this
)
day of
, in the year 2000, before me,
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a Notary Public, personally appeared David Fuller and Shirley Fuller, husband and
wife, known or identified to me to be the persons who executed the above and
foregoing instrument, and acknowledged to me that they executed the same.
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(SEAL) ~
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Notary Public for Idaho
Commission expires:
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. STATE OF IDAHO )
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11.I ~. County of Ada )
On~is day of , in the year 2000, before
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me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
know orJdentified to me to be the Mayor and Clerk, respectively, of the City of
MeridiaIJ, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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Notary Public for Idaho
Commission expires:
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EXHIBIT A
AZ-00-006 LEGALS FOR R-15 AND L-O
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(R-15) Medium High Residential District:
A parcel of land situated in a portion of the 81/2 of the NWI/4 of Section
11 T.3N., R. 1 W., B.M., Ada County, Idaho and being particularly
describqJ as follows:
Comme~cing at a brass cap marking th: W 1/4 comer of said Section 11,
thence along the West line of said NW 1/4 N 00025'27" E a distance of
460.09 feet to a point from which a brass cap marking the NW corner of
said Section bears N 00025'27" E a distance of 2196.33 feet said point being
the POINT OF BEGINNING;
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Thence continuing along said Section line N 00025'27" E a distance of
239.80 feet to a 5/8 inch rebar;
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Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8
inch re])ar; "~
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Thence ~ 80040'45" E a distance of 344.45 feet to a point;
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Thencer'~ 61001'27" E a distance of 14.33 feet to a point;
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Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar;
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Thence~ong the South line of said NW1/4 N 89010'57" W a distance of
485. 79 ~et to a point;
Thence~leaving said Section line N 00049'03" E a distance of 86.04 feet to a
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point;
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Thence JIong the arc of a curve to the right having a radius of 100.00 feet, a
central angle of 22004'49", an arc length of 38.54 feet and a long chord of
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38.30 fe~t bearing N 11051 '28" E to a point;
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 17
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Thence N 22053'52" E a distance of 51.44 feet to a point;
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Thence N 67006'08" W a distance of 43.08 feet to a point;
Thence N 89010'57" W a distance of 156.38 feet to a point;
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Thence N 00025'27" E a distance of 273.96 feet to a point;
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Thence N 89034'33" W a distance of 200.50 feet to the POINT OF
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BEGI~ING.
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~Said parcel contains 10.96 acres more or less and is subject to all existing
easeme.,ts and rights-of-way of record or implied.
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and
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(L-O) Limited Office District:
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A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section
,1.
11, T. 3i'l., R. 1 W., B.M., Ada County, Idaho and being particularly
described as follows:
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BEGINNING at a brass cap marking the W 1/4 corner of said Section,
thence along the West line of said NWl/4 N 00025'27" E a distance of
460.09 feet to a point from which a brass cap marking the NW corner of
said Section bears N 00025'27" E a distance of 2196.33 feet;
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Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a
point; :.
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Thence ~ 0025'27" W a distance of 273.96 feet to a point;
Thence 6 89010'57" E a distance of 156.38 feet to a point;
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Thence Ii 67006'08" E a distance of 43.08 feet to a point;
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Thence ~ ~2053'52" W a distance of 51.44 feet to a point;
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DEVELOP~NT AGREEMENT - (AZ-OO-006) - 18
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Thence along the arc of a curve to the left having a radius of 100.00 feet, a
central angle of 22004'49", an arc length of 38.54 feet and a long chord of
38.30 feet bearing S 11 051'28" W to a point;
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Thence S 0049'03" W a distance of 86.04 feet to a point;
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Thence .long the South line of said NWl/4 N 89010'57" W a distance of
368.85 feet to the POINT OF BEGINNING.
14
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Said parcel contains 2.87 acres more or less and is subject to all existing
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easemeIllts and rights-of-way of record or implied.
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EXHIBIT B
AZ-OO-006
Findings of Fact and Conclusions of Law/Conditions of Approval
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DEVELOP~ENT AGREEMENT - (AZ-OO-006) - 20
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RESOLUTION NO
BY:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETrING FORTH CERTAIN FINDINGS AND PuRPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND DAVID FULLER AND SHIRLEY
FULLER, AND GOLD RIVER COMPANIES, INC.
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BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
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WHEREAS, it is in the best interests of the City of Meridian to enter
into an agr~ement with DAVID FULLER AND SHIRLEY FULLER, AND GOLD
RIVER COMPANIES, INC., denoted as "DEVELOPMENT AGREEMENT", a
copy of which is attached hereto marked as Exhibit "A" to this Resolution, the
reasons an~ authority for which are as set forth in said Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL-as follows:
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1. ~ The Mayor and Clerk are hereby authorized to enter into and on
behalf of die City of Meridian that certain agreement with DAVID FULLER
t~ AND SHII\LEY FULLER, AND GOLD RIVER COMPANIES, INC., entitled
"DEVELO~MENT AGREEMENT", by and between the City of Meridian and
DAVID F~LER AND SHIRLEY FULLER, AND GOLD RIVER COMPANIES,
INC., a coIlY1ofwhich is attached hereto marked as Exhibit "A" to this
ResolutionFd to bind this City to its terms and conditions.
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PASSED By" THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _
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Resolution (AZ-OO-006) - 1 of 2
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APPROVED BY THE MAYOR OF THE CIlY OF MERIDIAN, IDAHO, this
_ day of- ,2000.
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MAYOR
ArrEST:
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CIlY CLElp(
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ms'l/Z:\Work\M\Meridian 15360M\Valeri Haghts AZ\Resolution
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Resolution (AZ-OO-006) - 2 of 2
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CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
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I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incoq>orated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. tl! That as the City Clerk of this City, I am the custodian of its records and
minutes anq. do hereby certify that on the day of ,2000,
the following action has been taken and authorized:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR T0 ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN:THE CITY OF MERIDIAN AND DAVID FULLER AND SHIRLEY
FULLER, AND GOLD RIVER COMPANIES, INC.
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BE IT RES@LVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
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WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement fth DAVID FULLER AND SHIRLEY FULLER, AND GOLD RIVER
~ COMPANI:ES, INC., denoted as "DEVELOPMENT AGREEMENT", ~ copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
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1. · The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City qf Meridian that certain agreement with DAVID FULLER AND
SHIRLEY FtJLLER,)-AND GOLD RIVER COMPANIES, INC., entitled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian and
DAVID FU~LER AND SHIRLEY FULLER, AND GOLD RIVER COMPANIES
INC., a copy of which is attached hereto marked as Exhibit "A" to this Resolution
and to bind this City to its terms and conditions.
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WILLIAM G. BERG, JR.
CITY CLERI(
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STATE OF ~IDAHO,
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County of Ada~
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On this ~ day of , in the year 2000, before me,
~ , a Notary Public, appeared WILLIAM
:t} G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
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Notary Public for Idaho
Commission Expires:
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Certificate M Clerk (AZ-OO-006) - 2 of 2
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August 17, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING August 22, 2000
APPLICANT Vicki Welker / Gold River Companies ITEM NO.
AGENCY Continued public hearing from 8/15/fXJ - Annexation and zoning of 12.73 acres
from R-T to L-O and R-15 zones for proposed Valeri Heights Subdivision - NE corner of W. Pine
Ave. and N. Ten Mile Rd.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY pLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
See previous item packet and attached minutes
CITY WATER OEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
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MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
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Contacted:
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Date:
Phone:
Materials pris.nfid at pubic mhtlngs shct beCome propirty 01 thtll cay 01. Meridian.
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.-Ada Countij Jl ~wa~ ~ijlrict
Judy Peavey-Derr, President
Dave Bivens, Vice President
Marlyss Meyer, Secretary
Sherry R. Huber, Commissioner
Susan S. Eastlake, Commissioner
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318 East 37th Street
Garden City, Idaho 83714-6499
Phone (208) 387-6100
Fax (208) 387-6391
E-mail: tellus@achd.ada.id.us
1:1: : :=: =:
August 15, 2000
RECEIVED
~AUG 1 7 2000
CITY OF MERIDIAN
TO:
Vicki Welker
Gold River Companies
1311 E. Franklin Rd., Suite #102
Meridian, 10 83642
FROM:
Christy Richardson, Principal D~velopment Analyst
Planning & Development c1$
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SUBJECT:
Preliminary Plat: Valeri Heights Subdivisions - REVISED
nlelc Pine St. and Ten Mile Rd.
On August 9, 2000, the Commissioners of the Ada County Highway District (hereafter called
"District") took action on the preliminary Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for acceptance, the Developer shall
cause the following applicable standard conditions to be satisfied prior to District certification and
endorsement:
1. Drainage plans shall be submitted and subject to review and approval by the
District.
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2.
If public street imprcwements ire required.: Prior to any construction within the
existing or proposed 'public right-at-way, the following shall be submitted and subject
to review and approval by the District.
a. Three complete sets ot detailed street construction drawings prepared by an
Idaho registered professional Engineer.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
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c. Complete all street improvements to the satisfaction of the District, or
execute a Surety Agreement between the Developer and the District to
guarantee the completion of the construction ot all required street
improvements.
3. Furnish a <;opy of the Final Plat showing street names as approved by the Local
GOMernment Agency having such authority tpg~h~r with the payment of fee
charged for the manufacturing and installation of all street signs.
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.~ If Public Right-af-Way Trust Fund deposit is required, make the deposit to the
District in the form of cash or cashier's check for the amount specified by the
District. t;
L Furnish easements, agreements and all other datum or documents as required by
the District.
S!
. Furnish Final Plat drawings together with the plat and plan review fees for District
acceptance and endorsement. The final plat must contain the signed endorsement
of the Owner and the Land Surveyor's certificationa
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All of the material Ill!iit be submitted to District staff two-weEik.i prior to Commission
review of the final plat.
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8. Approval of the plat is valid for one yeaL The Commission will consider an extension
of one y~~r if requested within 15-days prior to the expiration date.
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Please contact me at (208) 387-6170, should you have any questions.
Cc:
Planning & Development Chron/File
Planning & Development Services-City of Meridian
Construction Services - John Edney
Drainage- Chuck Rinaldi
David R. Bailey, P.E.
6417 Santa Cruz Dr.
Bdise, 10 83709
David and Shirley Fuller
890 N. Ten Mile Road
Meridian, 10 83642
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ADA COUNTY HIGHWAY DISTRICT
Planning and Developn1ent Divisiol1
Developlnellt ApplicatioJl Report
REVISED
Prelin1inary Plat - Valeri Heights/MPPOO-005
MAZQO-Q06/M CUPOO-O 14
Ten Mile Road/Pine Street
Valeri Heigllts is a 10-lot residential/comlnercial subdivision on 12.73-acres. TIle applicant is
also requesting conditional use approval to construct a 128-unit apartlnent complex, alld a
26,OOO-square foot office/commercial complex, with a rezone from RT to R-15 and LO. The site
is located at the northeast comer ofTen Mile Road and Pine Street. This development is
estimated to generate 1,320 additional (10 existing) vehicle trips per day based on the submitted
traffic study.
On March 8, 2000, the Commission reviewed and approved Valeri Heights. The applicant
is now proposing to construct a traffic signal at the intersection of Pine Street and Ten Mile
Road, construct offsite sidewalk improvements, and would like to modify the requirement
to extend stub streets into the site. The following report addresses the changes to the site
plan.
Roads impacted by this development: Ten Mile Road
Pine Street
Lightning Way
Gray Cloud Way
ACHD Commission Date - August 9, 2000 - 7:00 p.m. REGULAR AGENDA ITEM
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Judy Peavey-Derr, President
Dave Bivens, Vice President
Marlyss Meyer, Secretary
Sherry R. Huber, Commissioner
~usan s. East~ CommissiofJer ~
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.318 East 37th Street
Garden City, Idaho 83714-6499
Phone (208) 387-6100
Fax (208) 387-6391
~_~ tellus~achd.ada.id.us
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May 15, 2000
REceIVED
MAV 1 5 2000
ACHD PLANJDEV sycs
Meridian City Council
33 E. Idaho Street
ft1eridian, 10 83642
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Subject: Traffic Requirements, Valeri Heights, MPPOO-005/MAZOO-006/MCUOO-014
Honorable Mayor Corrie and City Council Members,
At the May 10, 2000 Commission Meeting, the Ada County Highway District (ACHD)
Commission directed the staff to evaluate the conditions placed on the Valeri Heights
I.~S db8 i~is ion. ~fl~omm is.s"ion:\va'nted ~c1enstJ r€"1h at'h Ef=existi ng- -roadway~ nd~raffic
requirements are consistent with the traffic volumes and traffic safety. Concerns have
previously been expressed t& the Commission stating that the requirements had been
based upon traffic counts, which do not reflect Meridian High School being in session.
After...reviewing both the ACHD and the Meridian Planning and Zoning Commission
requirements, I have found them appropriate. Meridian Planning and Zoning added the
requirement that the developer construcfe traffic signal before occupancy. While
ACHO supports the installation of a traffic signal, we want it to be understood tha,S this is
a developer exaction and that ACHD does not have a traffic signal in the current budget
or in the Five-Year Work Program. Due to this location being the intersection of two
functionally classified streets, the Commission may be willing to provide the signal
hardware if the developer pays for the design and construction of the traffic signal.
However, if the Commission does not approve ACHD participation, the signal will be
entirely the responsibility of the developer. Regardless of funding, an agreement
between ACHD and the developer will be necessary to assure the signal is constructed
in accordance with standards. =..=
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Based on our latest traffic counts, the intersection is close to satisfying the
requirements for an all way stop warrant. I recommend that the Council also require the
placement of an interim all-way stop to provide additional safety during the construction
of the traffic signal and the~1nitial subdivision work. The stop sign installation will
require 36" by 36" STOP s~gns and 36" by 36" STOP AHEAD signs on Ten fII\,1le Road
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north and:<south of Pirh! leet. l;he installa.ftoF1 wfll ~Iso reQUi'18" ~ 6'" A'WL Wf!."(
STOP supplementary plates on the two new STOP signs and the two existing STep
signs.
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Sincerely.
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Te~e P.E. ·
Manager. Traffic Services
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cc:
ACHD Commissioner
J. Schweitzer f Director
Larry Sale P&D Supervisor
Laura Wilder
Irma Atkinson
File: Ten Mile & Pine
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Electronic File: TrafAdM'n1RepormlTen MiRPineVa~
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Facts and Findings:
A.
Gelleral Information
Owner - David & Shirley Fuller
Applicant - David Bailey
R T - Existing zoning
R-15/LO - Requested zoning
12.73 -Acres
10 - Proposed lots (8 townllouse lots, 1 commercial lot, 1 apartment lot with 128 units)
136 - Proposed dwelling units
26,000 - Square feet of proposed commercial/office building
272 - Traffic Analysis Zone (T AZ)
West Ada - Impact Fee Service Area
Meridian - Impact Fee AssessmeQ-J District
Ten Mile Road
Minor Arterial with bike lane designation
Traffic count of 8,740 on 4-6-00 (n/o Pine Street)
680-feet of frontage
58-feet existing right-of-way (33-feet east of centerline)
96-feet required right-of-way (48-feet from centerline)
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Ten Mile Road is improved with 30-feet of pavement without curb, gutter or sidewalk abutting
the site.
Pine Street
Collector with bike lane designation
Traffic count of 2,298 on 4-6-00 (e/o Ten Mile Road)
830-feet of frontage .
50-feet existing right-of-way (25-feet from centerline)
.
70-feet required right-of-way (35-feet from centerline)
Pine Street is improved with 23-feet of pavement with no curb, gutter or sidewalk.
~i ghtning Way
Local street
No traffic count available
O-feet of frontage
No additional right-of-way required
Lightning Way is improved with a 37-foot street section with curb, gutter and sidewalk.
Valeri Heichts.REV
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Grav Cloud Way
Local street
No traffic count available
0- feet of frontage
No additional rig11t-of-way required
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Gray Cloud Way is improved wit11 a 37-foot street section with curb, gutter and sidewalk.
B. Utility street cuts in new pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details. Ten Mile Road was overlaid in 1999.
c. On September 8, 1999, the Commission reviewed and approved Valeri Heights. The previously
approved site was estimated to generate 1,400 vehicle trips per day. The applicant has changed
the site plan eliminating the driveway on Ten Mile Road. That application was denied by the
City of Meridian, and this report addresses the changes to the site plan.
D. The applicant is proposing to signalize the Ten Mile Road/Pine Street intersection. (This is nBt
an ACHD requirement, but staff supports the installation of the signal- see attached letter from
Terry Little, dated May 15, 2000.) If the applicant constructs the signal, the following
requirements should apply:
1. The applicant should be responsible for all of the related intersection improvements,
the signal design and construction. ACHD will supply the signal hardware and will
review all of the plans for the design and construction of the intersection and signal.
2. The applicant is proposing to construct three 12-foot wide lanes along Ten Mile
Road and Pine Street abutting the parcel for the intersection improvements. The
outside lanes should be constructed 14-feet wide with 3-foot wide gravel shoulders.
The center turn lane should be constructed 12-feet wide.
3. The applicant should provide a pedestrian connection to the signalized intersection
from the site. l" ~~J 0
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4. The applicant is proposing to include a private road with the signal and intersection
improvements. The road should be paved back a minimum of 50-feet from Ten ~
Mile Road and should align with Pine Street on the east side ofTen Mile Road.
5. The applicant should reconstruct the south leg of the intersection to accommodate
the improvements to the north. . t::
E.
The applicant is proposing to construct a 30-foot wide driveway on Pine Street, located
approximately 320-feet east ofTen Mile Road. District policy requires that driveways on
collectors be located a minimum of 175-feet from controlled intersections. The Pine Street/Ten
Mile Road intersection is currently stop controlled. The proposed driveway location meets
District policy. The applicant is proposing to signalize the intersection. Driveways on minor
arterials should be located a minimum of 315-feet from the intersection.
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F. The applicant should be required to construct a center turn lane on Pine Street for the Pine
Street/drive\vay illtersection. The turn lane should be constnlcted to provide a 111inimUITI of
1 DO-feet of storage with sl1adow tapers for both the approach and departure directions.
Coordinate the design of the turn lane witl1 District staff. ,,~
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G. Graveled driveways abutting public streets create Jnaintenallce problell1s due to gravel being
tracked onto the roadway. In accordance with past action by the District tIle ap~licant should be
required to pave tIle driveways their full width of 24 to 30-feet and at least 30-feJet beyond the
edge of pavement of Pine Street and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
H. The applicant is proposing to construct Lightning Way to connect to an existing stub street on
the north side of the site that was constructed with the Thundercreek Subdivision. At the
meeting on August 9, 2000, the Commission heard testimony from staff and neighbors
regarding the connection. The street connection would have minimal positive or negative
impacts on the neighborhood, due to the Ten Mile Road connection to this site, and to the
subdivision to the north. The Commission recommended that Lightning Way not be extended
into this site from the subdivision to the north.
The applicant should be required to complete off-site street improvements (curb, gutter and
sidewalk) at the terminus ofth~ existing Lightning Way to complete the street section.
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I. The applicant is proposing to construct a public street off Ten Mile Road, located
approximately 430-feet north afPine Street. District policy requires the street to be offset 315-
feet from the intersection of Pine Street and Ten Mile Road. The proposed street location meets
District policy. The applicant should extend this public (or private) street into the site
approximately 200-feet and terminate the roadway with an ACHD approved turnaround, if the
roadway is a public street.
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The applicant should be required to construct a center turn lane on Ten Mile Road for the public
street/Ten Mile Road intersection. The turn lane should be constructed to provide a minimum
of 100- feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
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The applicant is proposing to extend Gray Cloud Way into the site at the north property line and
stub the street at the east property line. At the meeting on August 9, 2000, the Commission
heard testimony from staff and neighbors regarding the connection. The street connection
should be extended to the property line as a stub street. The Commission recommended that the
applicant construct Gray Cloud Way to the east property line, as proposed, with an ACHD
approved turnaround, and completed street improvements in the turnaround, in case this street
does not get extended in the future. The Commission also recommel'\?ed that the applicant
construct an island in the turnaround that would serve as traffic calming in the future if the
street is extended. In addition, the applicant should provide a sign at the terminus of the street
stating that "THIS ROADWAY WILL BE EXTENDED IN THE FUTURE."
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V .Ieri Hei~ts.REV
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The applicant should be required to locate driveways witl1in the subdivision, a ll1inilllUIll of
feet froll1 Ten Mile Road, Pine Street and internal street iIltersections.
M.
The applicant should be required to construct all public roads \vithin the subdivision as 36-foot
street sections with curb, gutter, and 5-foot wide concrete side\valks within 50-feet of right-of-
way.
N.
The applicant should be required to construct 5-foot wide concrete sidewalk on Pine Street
abutting the site within 2-feet of tIle new right-of-way. Coordinate tIle location, elevation and
grade of the side\valk with District staff.
o.
The applicant should be required to construct a 5-foot wide concrete sidewalk on Ten Mile
Road abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation
and grade of the sidewalk with District staff.
P.
The neighborhood residents are concerned with pedestrian safety along Ten Mile Road. The
applicant has approached property owners on the east side ofTen Mile Road about constructing
a 5-foot wide concrete sidewalk as an extension of the existing and required sidewalk on Ten
Mile Road. If the applicant is willing to work with the property owners to dedicate right-of-
-way offsite along Ten Mile Road, ACHD will purchase the necessary right-of-way (48-feet
from centerline) for fair market value with impact fees. If property owners are not interested in
right-of-way dedication, the applicant should provide a sidewalk easement for all sidewalk
located outside of the right-of-way. All offsite sidewalk should be located to match existing
improvements (41-feet from centerline to near edge of sidewalk) and will be constructed at the
developer's expense. .1
Q.
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The applicant should be required to install a standard 30" by 30" STOP sign at the intersection
of Pine Street and the proposedxdriveway. If the applicant constructs a driveway off~ofTen
Mile Road in lieu of a public street, then a standard 30" by 30" STOP sign should also be
required at the. intersection ofTen Mile Road and the driveway (public street).
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Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
should be owned and maintained by a homeowners association. Notes of this should be
required on the final plat.
The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
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Page 5
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4.
5.
The follo,,,ing Site Specific Requirements and Standard Requirements must be met or provided
for prior to ACHD approval of the final plat:
Site Specific Requirements:
1 .
Dedicate 48-feet ofrigllt-of-way froln the centerline ofTen Mile Road abutting tIle parcel by
Ineans of recordation of a fillal sllbdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication. The owner will be compensated for all
right-of-way dedicated as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance
# 188a
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2a
Dedicate 35-feet ofrjght-of-way from the centerline of Pine Street abutting the parcel by means
of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication. The owner will be compensated for all right-of-
way dedicated as an addition to existing right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15~of ACHD Ordinance #193a
3.
If the applicant constructs a traffic signal at the intersection afPine Stre~l and Ten Mile Road,
the following requirements shall apply:
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a. The applicant shall be responsible for all of the related intersection improvements,
the signal design and construction. ACHD will supply the signal hardware and will
review all of the plans for the design and construction of the intersection and signal.
b. The outside lanes on Pine Street and Ten Mile Road shall be constructed 14-feet
wide with 3-foot wide gravel shoulders. The center turn lane shall be constructed
12-feet wide. ".' :.:
c. The applicant shall provide a pedestrian connection to the signalized intersection
from the site.
d. The private road shall be paved back a minimum of 50-feet from Ten Mile Road and
shall align with Pine Street on the east side ofTen Mile Road.
e. The applicant shall reconstruct the south leg of the intersection to accommodate the
improvements to the north.
Construct a 30-foot wide driveway on Pine Street, located as proposed, approximately 320-feet
east ofTen Mile Road. Pave the driveway its full width and at least 3D-feet beyond the edge of
pavement of Pine Street and install pavement tapers with 15-foot radii abutting the existing
roadway edge. ~
Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct
the lane to provide a minimum of 100-feet of storage with shadow tapers for both the approach
and departure directions. Coordinate tl1e design of the turn lane with District staff.
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Construct a public (or private) street off Ten Mile Road located as proposed~ approxinlately
430-feet north of PIlle Street. Extend the street into the site approxilnately 200-feet and
te11llinate that section of the roadway witll all AC,BD approved tllnlarollnd, if it is constnlcted
as a pub lic street.
7. C0111plete off-site street inlprovenlents (curb, gutter and side\valk) at the tenllinus of the
existing Lightning Way.
8. Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road
intersection. Construct the lane to provide a minimum of 1 DO-feet of storage with shadow
tapers for both the approach and departure directions. Coordinate the design of the tllm lane
with District staff.
.
9. Extend Gray Cloud Way into the site at the north property line and stub the street at the east
property line, as proposed. The applicant shall construct Gray Cloud Way to the east property
line with an ACHD approved turnaround, completed street improvements in the turnaround,
and an island in the turnaround that would serve as traffic calming in the future if the street is
extended. In addition, the applicant shall provide a sign at the terminus of the street stating that
"THIS ROADWAY WILL BE EXTENDED IN THE FUTURE."
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10. Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave
the driveways their full width of24 to 30-feet and at least 30-feet beyond the edge of pavement.
11 a Construct all public roads within the subdivision as 36-foot street sections with curb, gutter,
and 5-foot wide concrete sidewalks within 50-feet afright-of-way.
12. Construct a 5-foot wide concrete sidewalk on Pine Street abutting the site within 2-feet of the
new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District
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staff. w.
13.
Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site within 2-feet of
the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with
District staff. ..
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14. If the applicant constructs a 5-foot wide concrete sidewalk offsite as an extension of the
existing and required sidewalk on Ten Mile Road, provide a sidewalk easement for all sidewalk
located outside of the right-of-way. All offsite sidewalk shall be located to match existing
improvements (41-feet from centerline to near edge of sidewalk) and will be constructed at the
de~eloper's expense. ACHD will purchase right-of-way from affected property owners at fair
market value.
15. Install a standard 30" by 30" STOP sign at the intersection afPine Street and the proposed
driveway. If the applicant constructs a driveway off of Tell Mile Road in lieu ofa public street,
then a standard 30" by 30" STOP sign shall also be required at the intersection ofTen Mile
Road and the driveway (public street).
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"ta'eri Heichts.REV
Page 7
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16.
Any proposed landscape islands/ll1edians \vithin the public rigllt-of-\vay dedicated by this plat
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should be owned and nlaintained by a hOlneO\Vners association: Notes of this should be
required 011 the final plat.
17.
Otl1er than the access points specifically approved with this application, direct lot or parcel
access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required \vith
this application, s11all be stated on the final plat.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Planning and Development Supervisor. Th~e request
shall specifically identify each requirement to be reconsidered and include a writt& exglanation
ofwhv such a requirement would result in a substantial hardship or inequity. The written
request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for
A~HD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the Clay scheduled for Commission action
do not provide sufficient time for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification, variance or waiver. Those
items will be acted on by the Commission unless removed from the agenda by the Commission.
2. ~~ After ACHD Commission action, any request for reconsideration of the Commissions action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identi.{y each requirement to be reconsidered cmd include w.ritteu documentation of
data that was not available to t~ ~ommissiop at the time of its original decisio~ The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
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4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Constnlction Services
procedllres and all applicable ACHD Ordinances unless specifically waived l)erein. An
engineer registered in the State of Idaho shall prepare and certify all imp~ovement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6.
Construction, llse and property development shall be in c-onformance with all applicable
requirements oft~e Ada County Highway District prior to District approval for occupancy.
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Valeri H~,a~ts.REV
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It is the responsibility of the applicant to verify all existing utilities witllin the right-of-\vay.
Existing utilities danlaged by the applicant shall be repaired by the applicant at no cost to
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least t\VO full
business days prior to breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
conlprolnised during any pllase of construction.
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No change in the terms and conditions of this approval shall belilalid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden ~h.all be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
Conclusion of Law:
1. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170. -:
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Submitted by:
Date ot: Commission Action:;;t
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Plagnin~ & Development Staff
August 9. 2000
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Meridian City Council Meetina
AUQust15.2000
The regularly scheduled City Council meeting was called to order at 7:35 p.m. on
Tuesday, August 15, 2000, by Mayor Robert D. Corrie.
Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie
McCandless.
Members Absent: Ron Anderson.
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Others Present: Bill Nichols, Shari Stiles, Gary Smith, Bill Gordon, Will Berg.
Corrie: If I could please have your attention, I will open the Meridian City Council
on August 15, 2000, at 7:35. First off I'd like to have roll-call, Mr. Clerk. Thank
you. First off I'd like to welcome Troop 199 here today. Hope we have a good
civics class this evening. Also welcome everybody here this evening. It's a good
turnout. I thought maybe everybody would be in Boise at their Council meeting
trying to see about the nightclubs, but I'm glad to see everybody here.
Item A.
Approve minutes of July 18, 2000, City Pre-Council Meeting:
Item B.
Approve minutes of July 18, 2000, City Council Meeting:
Item C.
Approve minutes of August 1, 2000, City Pre-Council Meeting:
Item D.
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Findings of Facts and Conclusions of Law: AZ 00-012 Request
for annexation and zoning by Opal Farrington of 4.70 acres from
R-1 to R-4 for proposed addition of a home - northwest corner of
East Pine Avenue and Adkins Way:
Item E.
Findings of Facts and Conclusions of Law: AZ 00.010 Request
for annexation and zoning of 40.33 acres from RT to R-4 for
proposed Timber View Subdivision by Victory 41, LLC - north of
Victory Road and east of Meridian Road:
Item F.
Findings of Facts and Conclusions of Law: PP 00-010 Request
for Preliminary Plat approval of 91 building lots and 10 other lots on
40.33 acres for proposed Timber View Subdivision b~ Victory 41 ,
LLC, currently in an RT zone and proposed R-4 zone - north of
Victory Road and east of Meridian Road:
Item G.
Findings of Facut and Conclusions of Law: V AR 00-006
Request for variance of the 1,OOO-foot block length for proposed
Timber View Subdivision by Victory 41, LLC, currently in an RT
zone and proposed R-4 zone - north of Victory Road and east of
Meridian Road:
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Item H.
Item I.
Item J.
Item K.
Item L.
Item M.
~ Item N.
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Findings of Facts and Conclusions of Law: VAR 00-011
Request for variance from required pressurized irrigation to permit
utilization- of domestic water for landscaping for Olson & Bush
Subdivision No. 2 by R2 Development - north of Franklin Road
and west of Eagle Road:
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Findings of Facts and Conclusions of Law: VAR 00-014
Request for a variance of the 3D-foot front yard setback required in
the L-Q zone, proposing a 20-foot front yard setback by the City of
lleridian - West side of Ten Mile Road approximately ~ mile north
of Cherry Lane:
Findings of Facts and Conclusions of Law: CUP 00-035
Request for a Conditional Use Permit for the continued operation of
a cornfield maze, The llaize, by Sam Johnson and The Maize, LLC
currently in a C-G zone - southeast corner of 1-84 and Eagle Road:
Findings of Facts and Conclusions of Law: CUP 00-036
Request for Conditional Use Permit to construct a tri-plex
apartment complex by Merlyn and Brandon Schmeckpeper
currently in an OT zone at 210/214 King Street - east of First Street
and south of the railroad tracks:
Findings of Facts and Conclusions of Law: CUP 00-037
Request for Conditional Use Permit for a proposed addition of
2,574 s.f. to the existing 4,715 5.f. telephone equipment building by
US West Communications currently in an OT zone - NE corner of
Meridian Road and Idaho Street:
Item Findings of Facts and Conclusions of Law: CUP 00-038
Request for Conditional Use Permit by Dave Williams for proposed
Meridian Academy of Gymnastics for a dance, karate and
gymnastics studio currently in an I-L zone - 1530 E. Commercial
Avenue in the Railside Business Park:
Beer and Liquor Renewal by Mohammad Alidjani for the 19th Hole
dba 127 Club at 127 E. Idaho:
Council, we have the Consent Agenda in front of you. What is the pleasure of
the Council?
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Bird: I move that we approve the Consent Agenda with Items 0, E and F noted
changes by the Planning and Zoning Administrator and the approval of the
Consent Agenda.
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deWeerd: Second.
Corrie: Motion is made and seconded to approve the Consent Agenda with the
corrections on D, E and F from the staff. Any further discussion? Roll-call vote,
please, Mr. Clerk.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 2.
Item 3.
Item 4.
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Public Hearing: AZ 00-006 Request for annexation and zoning
of 12.73 acres from R-T to L-O and R-15 zones by Vicki Welker I
Gold River Companies, Inc., for proposed Valeri Heights
Subdi.ision - northeast corner of Pine Avenue and Ten Mile
Road:
Public Hearing: PP 00-005 Request for Preliminary Plat
approval for proposed Valeri Heighta Subdivision with 10 building
lots and 2 other lots on 12.73 acres in proposed L-Q and R-15
zones by Vicki Welker I Gold River Companies, Inc. - northeast
corner of Pine Avenue and Ten 'Mile Road:
Public Hearing: CUP 00-014 Request for Conditional Use Permit
for proposed Valeri Heights Subdivision for a 128-unit apartment
complex, townhouses and office on 12.73 acres in proposed L-O
and R-15 zones by Vicki Welker I Gold River Companies, Inc. -
northeast corner of Pine Avenue and Ten Mile Road:
Corrie: o ka!f , on the regular agenda, first pff as I mentioned just before the
Council meeting, Councilman Anderson is not here this evening, and the Council
would like to have all four Council people hearing this one and also in the voting
of it. So what I'm going to do is open the public hearing on Items 2, 3 and 4
which is the Valeri Heights Subdivision, and we are going to have a special
session hearing just the Valeri Heights again on the 22nc1 of this month on this
coming Tuesday. It will be a special session hearing only that. Now, if there's
anybody here that came to testify that cannot be here the 22~, then we will hear
your testimony tonight and the absent Councilman will have to read that
testimony and go over the tapes, then he will be here the 2200. Now, is there
anyone here tonight that cannot be here the 2200 of this month? Okay, we have
one, two. All right, two. So, again, those two will be heard tonight at this time for
the Valeri Heights, and the developer has requested to have any rebuttal at this
time for those people. After they hear that, they have a right to rebuttal, and then
we will continue the public hearing to the 2200. Okay. Everybody understand
what I'm saying? Okay, that will be fine -
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Nichols: Mr. Mayor, members of the Council, some of the folks here are not here
for Valeri Heights, and so you need to distinguish - either way, those who are not
here on that issue might be counted as to vote for or against, so if you're going to
do a show of hands deal, we might be able to make sure that there are .those
interested in this particular issue. I~
Corrie: Okay, we're going to have a show of hands, I guess, of those people
interested in approval and those who are not interested in approval. It will be no
value as far as testimony is concerned. It's just noted on record. Also, you must
be here for that partiGular hearing. If you're here for something else, you heard
the counsel. Show of hands who are here for the Valeri Subdivision if you want
to be on record as being for Valeri Heights. Twenty-one. Okay. Now, those who
oppose it at this point. Nothing is going to be decided tonight. You're going to
have to come back and talk. Those 21 are for; how many against, again? And
how many are undecided at this point? Okay. That's a very unscientific report -
you people come back, now. Let's be sure - we want to hear you. Now there
were two pJ:lople that could not be here the 22nQ. For those that are for the Valeri
Heights will be first, and the last will be against, and we'll have any rebuttal by
the developer on those statements. Got it? I've opened the public hearing on 2,
3 and 4. Okay. First one. Yes, sir, if you'd like to come up, please, and give
your name and address, please.
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Kritchville: My name is Greg Kritchville, and I'm for the developer. I think I
should be a much nicer corner there if they - for the traffic and everything
(inaudible). It seems like there's quite a bit of traffic that does actually come
down that way compared to what there used to be. Now, I've worked
construction myself, and I've worked on a lot of apartment complexes, and I've
noticed (inaudible) a lot more space if you'll notice on there. From the
boundaries, from the neighbors and everybody, there's a lot of grass and
everything. When you have a place like that it seems like they keep it up a lot
better because it's somebody else's instead of all the homeowners - so the
weeds don't get as bad or something like that. So I think it'll be a nice addition to
the neighborhood over there instead of just a bunch of small track homes or low-
income housing or something like that. I think that's about all I've got to say for
that.
Corrie: Thank you. One more, I guess, pros and cons. We'll just have the two
of you - either for or against.
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McNatt: Daren McNatt. I agree 100 percent with Greg there. I think it's a great
development. I think it'll work great for this town. I've seen this town go in the
wrong direction many times on the construction for over 10 years, and I've seen
bad decisions. I think that's a good one. My opinion. It's clean, it's neat, I think
everybody will be happy. The surrounding people that like the field, I've got
news. Hey, that used to be a field, and they would like that to be a field, and I
don't know what to tell them, but I think that is good. I like that. I'd like to live
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there~ I just support it 100 percent, and I don't see anything wrong with it. I think
that's a good traffic zone. I think Ten Mile has a lot of traffic. High-school kids
come down through there every single day. There's a lot of people living to the
south of that, well, sorry, west of that, that the access is important to them, and
some development along that side - sidewalks, et cetera, at cetera, is good
because that is a heavy cross-traffic. If you ever go through that intersection,
there's people crossing the road. Development is good because I've had some
close calls on that corner. Widening that, putting in a nice place there, sidewalks,
crosswalks, is good. I don't see anything wrong with that. That's alii have to say
on that.
Corrie: Thank you very much. Developer, do you have any rebuttal to what's
going on so far? I don't want to second-guess you at all here. Okay. Then with
that being said, I will entertain a motion. Everybody wants to talk, it's going to be
on the 2200. I'll entertain a motion from the Council to continue the public hearing
until the special meeting o~n the 22~ of this month for Valeri Heights only. ~
Bird: Mr. Mayor, I move that we continue the public hearing for Items 2, 3 and 4,
Valerie Heights until August 22Ad at 6:30 p.m. in the Chambers.
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deWeerd: Second.
Corrie: Motion made and seconded to continue the public hearing on Valeri
Heights until August 22, 2000, at 6:30 p.m. Any further discussion?
(inaudible comment from the audience)
Corrie: That's a legal question, and I'm not going to answer that one because I
don't know.
Nichols: Mr. Mayor, members of the Council, it's my understanding that when
the initial public hearing is held, if at that public hearing a continuation of the
public hearing is denounced to those present, that's a valid public hearing, and
no additional notice needs to be posted or published in the neYlSpaper~ (t
Berg: Mr. Mayor, members of the Council, some of the things that we've done to
try to go beyond what the legality is, is to try to put some kind of notice in the
paper, and I'm sure I can get the Statesman to print something up that would
make a notification of that nature. By no means are we obligated to do that, but
I think it makes good sense for the Council to have that extra notice.
Corrie: We might even post it here in the Post Office as well for public notice. All
right. Any other debate for Council? All those in favor of the motion say aye.
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MOTION CARRIED: ALL AYES
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Corrie: We will have the public hearing continued to the 22rJ:i of August at 6:30
p.m.
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