HomeMy WebLinkAboutValeri Heights Subdiv
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September 15, 2000
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AZ 00-006
MERIDIAN CITY COUNCil MEETING September 19, 2000
APPLICANT Vicki Welker / Gold River Companies ." ITBI.A NO. 6
II ReQUEST Continued Public Hearing 8/22/00 - Request for Al of 12.73 acres from
Ada County RT zone to l-Q and R-15 zones for proposed Valeri Heights Sub _
NEC of Pine Avenue and Ten Mile Road
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AGENCY
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CITY CLERK:
CITY ENGINEER:
......
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
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CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
-;) OTHER:
Contacted:
..
COMMENTS
See previous item packet & postcard testimony
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Phone:
MaterIIIls pres.mltd at pubic: mHtln~s sh~ tMeome propirty allheCJty of MWItIbn.
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AtleQtiom ~i.e{idi3n CitY Council Members
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We the people of Meridian are strongly opposed t~_-the
'''Valeri Heights" apartment project. We insist that you
recognize our majority voice and vote accordingly.
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Meridian City Counc~~
City Hall ~ ~C
33 E. Idaho 4.,," ve.
Meridian, Id 83642 SEP
CITY OF .
RE: VALERI HEIGHTS
PROJECT
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Att~ntion Meridian City Council Mel!lbers
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We the people of Meridian are strongly opposed to the
"Valewi Heights" apartment project. We insist that you
recognize our majority voice and vote accordingly.
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BEIGIftS
Meridian City COUDfiln-CE
City HaD ~
33 E. Idaho Ave. 5 EP 1 1
Meridi'an, Id 83642 It I
CITY OF ~
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VALERI
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RE: VALERI HEIGHTS
PRoncr
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September i 5, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING September 19 I 2000
APPLICANT Vicki Welker / Gold River Companies ITEM NO. 6
REQUEST Continued Public Hearin9 8/22/00 - Request for Al of 12.73 acres from
Ada County RT zone to L -0 and R-15 zones for proposed Voteri Heig.hts Sub -
~. NEC of Pine Avenue and Ten Mile Road
AGENCY
COMMENTS
CITY CLERK:
CIT~NGINEER:
::::CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
See previous item packet & postcard testimony
.;.;
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date:
Phone: <
Materials presenteet at public meetings .hal~ become: property of the City of Meridian.
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September 15, 2000
PP 00-005
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MERIDIAN CITY COUNCIL MEETING September 19, 2000
APPLICANT Vicki Welker / Gold River Companies ITEM NO. 7
REQUEST Continued Public Hearing 8/22/00 - Request for preliminary plat approval
for pJoposed Valeri Hei~hts Subdivision with 10 building lots and 2 other lots on 12.73
acres - NEe of Pine Avenue and Ten Mile Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT: ~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNT AIN GAS:
~~
BUREAU OF RECLAMATION:
OTHER:
Contacted: Date:
,
COMMENTS
.
See previous item packet & postcard testimony
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Phone:
MaIM". presented at pubk me~s Shc:*lbecolNt'lproperty 01 the City of M....cMa..
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September 15, 2000
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CUP 00-014
MERIDIAN CITY COUNCIL MEETING September 19, 2000
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APPLICANT Vicki Welker / Gold River Companies ITEM NO. 8
REQUEST Continued Public Hearing, 8/22/00 - Request for Conditional Use Permit for
128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-O
acres - NEe of Pine Avenue and Ten Mile Road
I'
AGENCY
COMMENTS
.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER OEPT:
CITY SEWER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
~ NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
See previous item packet & postcard testimony
~
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~~
Contacted:
Date:
Phone:
.
MatcWrfals prtts'n~ at pubic m~"nSls shal b.com. propirty tit thlf'CIty of Mirlfillan.
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September 28, 200Q
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AZ 00-006
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Vick:i Welker / Gold River Companies, Inc. ITEM NO. E
REQU EST Request for Annexation and zoning of 12.73 acres from RT to l-O and R-15 zones
for proposed ~aleri Heights Subdivision - NEC of Pine Avenue and Ten Mile Road
-:-:-:-: <":
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
=*" CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRI<;T HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: V(~ \{'l U V
~: I Of
Date: l
Phone:
Materials pr...nt.d at public ~gl shc:dl. btkome property of the City of Meridian.
September 28, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. E
REQUEST Request for Annexation and zoning of 12.73 acres from RT to L-O and R-15 zones
for proposed Valeri Heights Subdivision - NEe of Pine Avenue and Ten Mile Road
AGENCY iff.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
~CITY BUILDING DEPT:
::::"1: ;..,
-:a~ CITY WATER DEPT:
~
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
~:~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST: : i-.
f~ INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
:2;" · ~~
~..." ,"
Date:
Phone:
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Mat....als pr...nt.d at pubic m~ngs shaH b,come prop4i1v of"the City of MirlQlan.
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REX HARRISON
STRuaURAL CONSUL TANT
1300 N. TEN MILE
MERIDIAN, IDAHO 83642
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(208) 888..7r07
Sep. 19, 2000
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IlECBVED
SEP 1 9 2000
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To: Meridian City Council
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Re: Sidewalk in front qf our home at 1300 N. Ten Mile
Dear Sirs:
I have been told that the developers of Valeri Heights Subdivision are saying that the
property owners along Ten Mile were in favor of putting a sidewalk across the front of
their properties. I have been contacted twice by them and each time I stated_ that I would
be opposed to putting in the sidewalk. And I remain opposed until ACHD ~cures the
right-of-ways and widens the road in the proper manner.
Sincerely,
1~1ItW0J~
Rex Harrison
1300 N. Ten Mile
Meridian, Idaho
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1450 J{ort:.!:Z~re <R.pad :MerUlian, Itfa~::"2:!"~?Jl868-645tJ ~
IfJj J .~..1+iy If,;-.,,";uj ill 19;0 .
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September 17, 2000 SEP 'I 9 ZOOO
Dear Mayor and City Council Members: arr~~
I have asked Lisa McCallister to bring this letter to the September 19th
meeting. I will be out of town and unable to attend. I have asked my church
secretary, Nancy Gallivan, to attend the meeting. Since I am unsure whether
she can attend or not, I have asked Lisa to present this letter to you.
Vickie Welker contacted me early last surmner about the Valerie Heights
development and a proposed temporary sidewalk. She told me that ACHD
would not be involved in the planned sidewalk. She also stated that it would
probably be a temporary blacktop path that would not encroach upon our
current property. I told her I would consider this, but that all decisions must
come through our Board of Trustees. I told her I would discuss it with them
and that she could come and present it to them. I called her later to ask her
how the neighborhood meeting went but did not receive a retunl phone call.
~,
I am not sure how my conversation ~ith Vickie has been represented to the
City Council, but I want to m~e my"polsition clear ~th this letter. I cannot
make any such decisions without the authority of my Board of Trustees. We
have not met on this rpatter and Vickie has not presented her request to ~
them. It is doubtful tJ;lat they would support this at the current time until it
is ACHD's requirement, based on the need of increased traffic.
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Roy Faletti
Pastor
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J{ome of Stoneliouse Christian ScFioo{ El
~em6ers: Jtl-ican }lssociation of Cfin"stian ScfiooCs II '!:!}. ~ ~ III ~ ~~ "!!JtIt )fsso~ tion of Cliristitln ScfwoCs I ntHnatiorut{
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September 27, 2000
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Chelsea Ghasserani
2638 W. Wave Ct.
Meridian, ill 83642
Ms. Ghasserani,
I received your letter today; there is one thing on which we both agree, to work to
continue to make Meridian a great place to live.
I appreciate your concern for our children. I, too, care for the children !Qat walk to S&hool
daily. The developers made a promise to the neighbors that they would build a sidewalk
from Pine to Cherry Lane; we will hold them to that. The condition that was placed on
the preliminary plat was that the traffic light, the road improvements and the sidewalks
would be installed prior to any struct1m1l building permits. There was no alternative to
this condition; bonding is not an option. If the develo~r is not able to work things out
between ACHD and the landowners to construct the sidewalk, the project will not be able
to proceed. That was the intent of my conditio~ among several other conditions, aad will
be reflected in the legal findings.
As for road development, this has been a concern of mine as well. Prior to City Council I
involved myselfwith finding traffic solutions working on a Chamber of Commerce
traffic committee, as well as, a grant project supported by the Treasure Valley Futures
project and 'Smart Growth.' On City Council, we have supported alternative
transportation programs through 'park and ride' locations and bus transit. I currently
serve.on the Community Planning Association tWit focuses on regional traffic issues.
Meriaian has worked long and hard to get road projects on ACHD's five-year pian for
road improvements. We ~de great progress this year, but continued lobbyina is needed
to keep our projects a priority. This is a role you and your sroup can be instrumental in,
in partnership with the City and local business leaders.
~
Umortunately, our City's impact fees have been the sole supporter of paying for road
improvements in Meridian. Does this mean without collecting these impact fees that
roads will not be improved in our community? Yes, that is exactly the reality we are
facing. Four of YOur neiahbors attended the August ACHD meeting on Valeri Heights.
Their stated concerns, and items worked out with the developer, were met by appropriate
conditi9DS for this project by ACHD; and as tlte local road autOOrity, Commissioners
agreed to those conditions.
::!.
The location for this development was identified and planned for through a specific
process. ~eridian has a pian for Ifowth as required by state law, referred to as the
'Comprehensive Plan.' The Comprehensive Plan is developed through a democratic
process where City staff; community leaders, local businesses and citizens participate to
develop a "blueprint" for future growth. This plan provided for the decisions that built
your subdivision, and that same pian provided for the Valeri Heights proposal.
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October 2, 2000
Mr. Bill Nichols, Attorney for the City ofMeridiag.
Tammy DeWeerd and Members of City Council; t!
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: -;j :
The findings of fact and conclusions of law for the Valeri Heights approval of
annexation, rezone, preliminary plat and conditional use permit will be on the agenda for
Tuesday, October 3, 2000. It ~as my desir~ to ask for reconsiqeration of the condition that
requires the reductiog. of the two most~northerly buildings to two-story, and therefore a reduction
of eight units from the project. We prepared the attached computer drawings done in 3-D to
show that.~ reduction in grading height~would accomplish what we believed was intended by this
conditiotL-:. This subject,had been discussed at length with the neighbors~ The consensus of the
neighbors was fot~the requction in h~ight by grading. The neighbors ~ the desire for the
design integrity of the project to remain consistent and that all buildings look similar. We did
not know that this item would CO~ up after the hearing was closed and could not be discussed
or explained in length if it was a problem. If there was a need in the mind of City Council to
make the closest building: two story, it is still unclear why the need for a reduction in units when
they could easily be moved to the inside third story of other buildings witliout ab. affect on the
neighbors. I have been informed that this item cannot be reconsidered without the requirement
of an additional public hearing so I am not going to ask for that reconsideration.
I attended the party for Skip ::V oss on Friday afternoon after I ~e that:.decision and
informed planning ~ zoning. staff of it. When I r~ed home, I received a phone call :from a
neighbor in the area of the project. .~He bad also attended the party and had a discussion with
Tammy DeWeerd and Shari StiJes about this condition. There se~ms to be some confusion as to
what was intended. If you look at the minutes you will JJ.ote the confusion also. As I understand
q:.Tammy told this neighbor ~t it was her intention to drop only one building to two stories.
Shari Stiles believes that it was the discussion she had with my engineer during the vote and the
mention of eight units that caused the vote to end the way ijt did. Eight units would mean two
:~ buildings and therefore the problem. Apparently Shari stated that she was not going to inform
me of this discrepancy because it wouldn't hurt me. I don't want to mis-interpret tWs statement,
but it you understand anything about design integrity and the financial economics of any real
estate development, eight units does most certainly affecl me when comes to my ability to live
up to the conditions placed on this project. The project has 8.lready been reduced by twenty-eight
units and should DQ! be furtper reduc~d to accommodate what the neighbors see when there are
several other VIable ~lternatives to accQp,1plish that objective~ t
.... ..
I do therefore requ~st that this condition be clarified based on the intent tbafTammy
DeWeerd bad in mind. I d<{not want to undl!ly influence her in ~ it clear. It would simply
be requested that the findings of fact anCi conclusions of law clarify her intent in how many
buildings will be affected by the two story requirement and~how many units, if any, .will be lost.
~ you most sincerely for your time and consideration. . ~:
; ~
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September 28, 2000
PP 00-005
MERIDIAN CITY COUNCIL MEETING
October 3, 2000
APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. F
REQUEST Request for preliminary plat approval for proposed Valeri Heights Subdivision of
10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zones - NEC of Pine
Avenue and Ten Mile Roa~
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
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:
:;11
Contacted:
Date:
Phone:
Materials p...sented at pubic mHtI~ sheil become pro~trIY of~.th. City of Meridian.
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September 28, 2000
CUP 00-014
MERIDIAN CITY COUNCIL MEETING.... October 3, 2000
APPLICANT Vicki Welker / Gold River Companies, Inc. ~~ ITEM NO. G
REQUEST Request for CUP for 128-unit apartment complex for proposed Valeri Hei~hts
Subdivision on 12.73 acres in proposed L-O and R-15 zones - NEe of Pine Avenue and Ten Mile Rd.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
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:
Contacted: ':-
~~
Date:
Phone:
Mattrlali prtisenfMi at pubIc m.....,g; shal:becom.' property of the CIy of M8IIdlan.
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From:
To: Bill
Subtect:
Valeri Heights
Date:
October 6, 2000
Bill:
Please find attached a letter from Vicki Welker in regards to the Valeri
Heights project. I spoke with Shelby yesterday, October 5th, and she informed me of
the letter. I picked the box up at City Hall, which had this letter in it, and wanted to
bring it to your attention.
Additionally, I did request the minutes for September 19th on all the
Valeri Heights projects. So, I guess we'll see how long those take to receive.
I did do all the revisions to the drafts, and have the three files at my
desk and ready for any additional information that might need to be added.
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~ober2,200Q
Mr. Bill Nichols, Attorney for the City ofMeridi~
Tammy DeWeerd and Members of City Council; :.:.
~:
::::>
The findings of fact and conclusions of law for the Valeri Heights apR,oval of
annexation, reZ9fte, prelimin9-ry plat and conditional use permit will be on the agenda for ~~
,.. Tuesday, October 3, 2000. It was my desit;~ to ask for reconsiqeration of the copdition that
requires the reductioq.ofthe two most northerly buildings to two-story, and therefore a reduction
of eight units from the project. We prepared the attached computer drawings done in 3-D to
show-that a reduction in grading height would accomplish what we beli~ved ~~:intended by this
condition. This subject had been discussed at length with the neighbor~; ~~The consensus_~ofthe i~; ;~
neighbors was (or th~,e4uction in height by<grading. The neighbo~s had the desire for tbe
desiBn integritY. of the project to remain consistent and that all buildin~ look similar. We did ~
not know ~t this item would COIl)e up after the Dearing was closed and could not be discussed
or explained in length if it was a problem. If~ere was a need in the mind of City Council to
make ~he closest~ building two story, it is still unclear why the need for a reduction in units when
they could easily be moved to the inside third story of other buildings witliout an affect on ~ ~
neighbors. I have been informed that this item cannot be reconsidered without the requirement
of an additional public hearing so I am not ,going to ask for thati. reconsiileration. .~
;:.:;; ~...
~"'I
I attended the party: for Skip V oss on Friday afternoon after I made that decision and
inforn1ed planning anp zoning: staff of it. When I returned home, I received a phone call from. a
ne!ghbor in the area of the project. He had also attended the Pam' and had a discussio~ with
Talnmy DeWeerd and.Shari StUes about this condition. There seems to be sqp1e confusion as to
what was intended. If you look. at the minutes yoq.:will note the confusioti alSO. As I understand <x:
it: Tammy told this neighbor tIuit it was her intention to drop only one building to two stories:~
Shari Stiles believes that it was the discussion she bad with my engineer during the vote and the
mention of eight units that ca~d the vote to end the way jt did. Eight units would mean two
buildings and therefore the problem. Apparently Shari stated that she.;was not going to inform
me of this discrepanCy because it wouldn't hurt me. I don't want to mis-interpret this statement,
but it you understand anything about design integrity an~ the financial economics of any real
estate developffient, eight units~does most certainly affec.l me when comes to my ability to live
. uP.to the cOnditions p~ced,pn t?,i~ p.foject. The project ~ already ~n reduced by twenty-~ight
umts and should n~J be :further reduc~d to accommodate What:the neIghbors see when there are
~~eral other viable alternatives to accoJ;pplish that objective.
r~
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.. i;do therefore requ~st that this~onditio~ be clariffed based on the ~t that 'f~y _,
DeWeerd had in mind. I do not want to unduly~influence her in making it clear~ It WQuld simply .~
be requested that the findings of fact and conclusions o:f law Glarify her intent m how ooy
buildings will be affected by the ~o story requirement and how many units, if any, will be lost.
Thank you most sincerely for your t~e and consideration.
h""
Y.
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River Complplies, Inc. I ..~
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Vicki 1 \V elker, President
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From:
Sent:
To:
Subject:
Let's try again, as usual my hands click too quicklyl Now, please find attached the attachmentsl
.
p CUPFindings14.wpd
..
FfClsOrd.PP.wpd
----Original Message---
From: Marlene St. George
Sent: Tuesday, October 10, 2000 3:36 PM
To: 'stiless@ci.meridian.id.us'; 'smithg@ci.meridian.id.us'
Subject: Valeri Heights AZ, CUP and PP Findings
Please find attached the Findings for the annexation and zoning, conditional use permit and the preliminary plat for Valeri
Heights. If you cannot open them please notify me, and I will bring a hard copy to you on them. Additionally, I do not have
the September 19, 2000 City Council minutes for any additional information from the meeting. Therefore, please review
these Findings and if you have any additional comments, conditions or whatever to add, please let me know. Thanks!
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WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCH~
WM. F. GIGRAY, III
BRENTjOHNsoN
D. SAMUEL JOHNSON
WILLIAM A.. MORROW
WILLIAM F. NICHOLS"
CHRISTOPHER S. NVE
PHILIP A. PETERSON
STEPHEN L. PRuss
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARnEV
TERRENCE R. WHITE..
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288..2499
FAX (208) 288..2501
NAMPA: OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA. IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466.4405
Email viaInternet@wfg@wppmg.com
· ALSO ADMITTED IN OR
....ALSO AD:~lTTED IN WA
October 12,2000
Ms. Lisa McCallister
2649 West Wave Ct.
Meridian, Idaho 83642
Re: Valeri Heights
Dear Ms. Me Callister:
This letter reflects pertinent questions and answers discussed at the meeting
attended by you, Chelesa Ghasserani, Mayor Corrie and me, on October 12, 2000, in
the Mayor's conference room.
Your first question was whether the developer can bond some of the proposed
development requirements and still proceed with the project. Specific reference was
made to a letter sent by Councilwoman deWeerd to Ms. Ghasserani. As I indicated; the
City Ordinance allows developers to bond for certain improvements, the bond intending
to require that the developments be in by a date certain, and if they are not, the bond
is then used by the City,:to construct those improvements. A copy of the applicable
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ordinance accompanies this letter. The proposed Findings of Fact, Conclusions of Law
and Decision and 'Order on '~ach of the three portions of the development application
have been drafted but not yet finalized. If the Council does not like the way I have
drafted the Findings, then they will make specific directions for revisions to those
Findings before adoption.
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Ms. Lisa McCallister
October 12, 2000
Page 2
Yau also asked whether another developer, who might acquire the property, would
be bound to the development commitments required by the City. The answer is that a
Development Agreement will be required as a condition of annexation and zoning, which
will require the development to be built according to the City's conditions, and if not,
the property is subject to de-annexation and reversion to the R- T zone.
You have also asked about the Mayor's veto powers. I enclose a copy of the State
Statute in which the Mayor's veto powers are set forth.
::..
Wm. F. Nichols
Enclosures
cc: Mayor Robert D. Corrie
Councilman Ron Anderson
Councilman l(eith Bird
Councilwoman Tammy deW eerd
Councilwoman Cherie McCandless
Z:\Work\M\Meridian 15360M\Valeri
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12-5-3: GUARANTEE OF COMPLETION OF IMPROv&m:NtS:
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The owner of the property bein8 subdivided shall ~8Cant to the City a lien to secure the placement
and construction and completion of all improvements required under Section 12-5-2 of this
Chapter, or any other requirements made by the Council prior to final plat. The lien shall be
granted by the owner of the property and shall be filed with the Administrator prior to the City's
approval of the final plat. If the owner and/or developer do not complete the required public
improvements, the City may do so and foreclose its lien given by the owner. The City may, if it
sees fit, require the owner and/or developer to provide financial guarantees in one, or a
combination, of the following arrangements for those requirements which are over and beyond the
requirements of any other agency responsible for the administration, operation and maintenance of
the applicable public improvement:
A. Surety Bond:
1. Accrual: The bond shall accrue to the City covering construction, operation and
maintenance of the specific public improvement.
2. Amount: The bond shall be in an amount equal to one hundred twenty percent (120%) of
the total estimated cost for completing construction of the specific public improvement, as
estimated by the City Engineer and approved by the CounciL
3. Term Length: The term length in which the bond is in force shall be for~a period to be
specified by the Council for the specific public improvement
4. Bonding For Surety Company: The bond shall be with a surety company authorized to do
business in the State of Idaho, acceptable to the Council.
5. Escrow Agreement: The escrow .-eement shall be drawn and furnished by the Council.
B. Cash Deposit, Certified Check, Negotiable Bond, Or Irrevocable Bank Letter Of Credit:
1. Treasurer, Escrow Agent Or Trust Company: ~ cash deposit, certified check, negotiable
bond or an irrevocable bank letter of credit or such surety acceptable by the Council shall be
deposited with an escrow agent or trust company.
2. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or
irrevocable bank letter of credit shall be equal to one hundred ten percent (110%) of the
estimated cost of constfuction for the specific public improvement, as estimated by the City
EnWneer and approved by the Council.
3. Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or
irrevocable bank letter of credit shall be for a period to b; specified by the Council.
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4. Progressive Payment: In the case of cash deposits or certified checks, an agreement
between the Council and the subdivider may provide for progressive payment out of the cash
deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of
credit, to the extent of the cost of the completed portion of the public improvement, in
accordance with a previously entered into agreement. (Ord. 430, 4-2-1984)
12-5-4: ISSUANCE OF BUILDING PERMIT:
A building permit for the construction of a dwelling or building or structure may be allowed prior
to completion of all improvements required by Chapter 4 of this Title and this Chapter only upon
providing a guarantee of completion of improvements as authorized by subsection 12-5-3B of this
Chapter, in the form of a cash deposit, certified check, negotiable bond or an irrevocable bank
letter of credit, all of which must be acceptable to the City. (Ord. 524, 4-3-1990)
12-5-5: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION:
In the event a subdividel and/or owner shall, in any case, fail to complete the public improvements
required as a condition of the final plat in the time period required, it shall be the responsibility of
the Council to proceed to have such work completed either by foreclosing its lien or, in the event
financial guarantees have been required, to pursueLthe remedies provided by those financial
guarantees. (Ord. 524, 4-3-1990)
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October 13, 2000
AZ 00-006
.:: 4
MERIDIAN CITY COUNCIL MEETING
October 1 7, 2000
APPLICANT Vicki Welker / Gold River Companies, Inc.
ITEM NO.
E
REQUEST Tabled from October 3, 2000 - Findings of Fact and Conclusions of Law - Request for
annexation and zoning of 12.73 acres from RT to L-O and R-15 zones for proposed Valeri Heights
Subdivivision - nee of Pine Avenue and Ten Mile Road
AGENCY
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CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
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CITY ATTORNEY
CITY POLICE OEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER OEPT:
CITY SEWER DE?T:
MERIDIAN SCHOOL DISTRICT:
MERlDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH: ::-t:
NAMPA MERIDIAN IRRIGATION:
.::>; SETTLERS IRRIGATION:
IDAHO P~OWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
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Date:
Phone:
Matedals presented at pubic meefln~s shal become propei1y of:th. Cfty Of Meridian.
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M E M 0 RAN DUM
To:
William G. Berg, Jr.
Wm. F. Nichols
From:
Subject:
File:
Valeri Heights ubdivision By: Valeri Welker/Gold River Companies
P-OO-005, CUP-OQ-014
October 13, 2000
Will:
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Date:
1 :
Please find attached the revised originals of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL for the annexation and
zoning, preliminary plat and conditional use permit, in the above matter. Revisions were made
pursuant to action of the Council at their September 19, 2000 meeting. I:~e Findings will be on the
Council's agenda for October 17, 2000 meeting. I have also attached the originals of the
Resolution and Certificate of the Clerk for the Development Agreement for owner/developer's
signature. Please disregard any previous AZ Findings and/or Dev~lopment Agreements sent to your
office in this matter, and replace with these new 10/03/00 documepts.
I have also attached hereto the Development Agreement for the above matter. After
the Council meeting of October 17, 2000, if Council approves the Findings of Fact and Conclusions
of Law for the above matter, then the Findings will need to be attached to the four Development
Agreements as Exhibit "BU.
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.
Apparently, Shari has not had time to review the Findings on the three applications,
and since: we did not have the September 19, 2000 minutes for review, tliere will possibly need to be
revisions made to the: Findings.
Pl~ase selVe conformed copies of the Findings upon the Applicant and the Planning
and Zoning Department, Public Works and the City Attorney office, if Council approves the
Findings.
If you have any questions arise please advise.
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Z:\Work\M\Meridi~ 15360M\ Valeri Heighu AZ\Berg 10 1300CUPAZPP .Mem
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BEFORE THE MERIDIAN CITI COUNC'
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IN THE MATTER OF THE ) Case No. AZ-OO-Q06
~ APPLICATION OF VICI<I )
WELI<ER, THE APPLICATION ) FINDINGS OF FACT AND l..t
'-t FOR ANNEXATION AND ) CONCLUSIONS OF LAW AND
ZONING OF 12.73 ACRES FOR ) DECISION AND ORDER
VALERI HEIGHTS ) G~TING APPLICATION
SUBDIVISION FROM R-T TO ) FOR ANNEXATION AND
R-15 AND L-O, LOCATED AT ) ZONING
THE NORTHEAST CORNER OF )
W. PINE STREET~AND S. TEN )
MILE ROAD, MERIDIAN, )
IDAHO )
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.
The above entitled annexation and zoning application having come on
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for public hearing on May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and
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July 18, 2000,~and then re-noticed for August 15,2000, and continued until August
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22, 2000, and.'continued until September 19, 2000, at the hour of 7:30 p.m., and at
the May 16,2000 meeting Shari Stiles, Planning and Zoning Administrator,
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appeared and testified, and appearing and testi~ng on behalf of the Applicant was
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David Bailey, Pat Dobie-Traffic Engineer, Scott Harrision-Project Designer, and
Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-OO-006 )
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testifying with comments or concerns were: Erma Calhoun Atkinson, Rick Lambert~
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Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas,
Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15, ;;
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2000 meeting appearing and testifying in favor of the project were Greg l<ritchville,
and Daren McNatt, and the matter was continued until August 22, 2000 and again
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to September 19,2000, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified,and those appearing in. favor of the project were: Jennifer
Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber I(erns, Jeff Strouhs, Carrie
Rudy, and Steve Bravo, Dave Fuller, Michael Marquise, Colleen Calhoun, and Da\dd
.
Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica
Atkinson, Lynn Hackstetter, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague,
Michael C~y, Pete J. Maldohado, Bill Pullman, Amy Everhart, Katy Corbol, Mark
Ljnes, Rick Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel
Nelson, David~Atkinson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley,
Devon Everhart, and Steven Martin, and the City Council having duly considered the
evidence and !he record in this matter therefore makes the following Findings of Fact
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and Conclusions of Law, and Decision and Order:
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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FINDINGS OF FAC;r AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-OO-006 )
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scheduled for May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and July i 8,
2000, and then re..noticed for August 15, 2000, and continued until August 22, 2000
and again to September 19, 2000, before the City Council, the first publication.
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appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
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notice of public hearing having been posted upon the property under consideration
more than one~week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
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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..
noticedffor August 15,2000, and continued until August 22,2000, and again to
S;ptember 19, 2000, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been ~ven full opportunity to express comments and
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submit evidence.
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2.
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There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~~ 67..6509 and 67..6511, and Meridian City Code ~9 11-15-5
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and 11..16..1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
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FOR ANNEXATION AND ZONING/BYVICIG WELI<ER
(AZ..OO-006 )
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development 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
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 12.73 acres in size and is located at the
northeast corner of W. Pine Street and S.~ Ten Mile Road. The property is
designated as Valeri Heights Subdivision.
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5. The owner of record of the subject property is David and Shirley Fuller,
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of Meridian, Idaho.
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6.
Applicant is Gold River Companies, Inc. of Meridian, Idaho.
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7. The property is presently zoned by Ada County as Rural Transitional,
and consists of undeveloped land.
8. The Applicant requests the property be zoned as Limited Office (L-O)
and High Density Residential (R-15). ~;
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9. The subject property is bordered to the east, west, and south by Ada
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County and city limits of the City of Meridian..are adjacent and abut to the north of
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the subject property.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ~
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICI<I WELI<ER
(AZ-OO-006) II
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10. The property which is the subject of this application is within the Area ·
of Impact of tl1e City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridiah
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
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manner: multi-family apartments, townhouses, and office complex.
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13. The Applicant requests zoning of the subject real property as L-O and
R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land
Use Map whiCH designates the su8ject property as Mixed Residential.
14. The Meridian City Council recognizes and takes notice of the concerns
of all persons testifying at the public hearings, along with several letters and Petitions
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i~ ogposition to the development and~which are filed with the Clerk's office.
15. There are no significant or scenic features of major importance that
affect the consiueration of this application.
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16. Giving due consideration to the comment received from the
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governmental subdivisions providing services in the City of Meridian planning
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jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
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FINDINGS OF FAC:r AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANN ExATf ON AND ZONING/BY VICI<I WELI<ER
(AZ-OO-006 )
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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 a: landscape
irrigation. ~
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written ;""confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
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16.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
development agreement, restrictions shall also be placed on the use of
the proposed L-O property to prevent future application for a
convenience store or other stri~tly commercial uses that are allowed in
the L-Q 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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~dopt the Comments of Ada County Highway District from their letter dated
May 15, 2000, as follows:
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16.4 Developer shall install a center left turn lane on Pine Street, east of its
intersection with Ten Mile Road.
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16.5 The developer shall be required to install a t~affic 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 l(onstructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be ;~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-OO-006 )
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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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16.6 Developer shall provide an interim all-way stop to provide additional
safety during the con~~truction 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 install~tion 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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and additionally adopt the Comments of Ada County Highway District from their
letter dated August 15, 2000, as follows: ~
16.7 All requirements within the Site Specific Requirements and Standard
Requirements shall also be met.
Adopt the Comments of Community Planning Association of Southwest Idaho
(COMPASS) from their letter dated June 14,2000, as follows:
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16.8 Development of a transportation management plan in ccordination with
ACHD Commu-teride Program. The transportation management plan
should be submitted ~o the Highway District for review and approval.
Identify how the development shall meet a 10% trip reauction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals.
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16.9 In addition to the ACHD requirements, cross walks shall be placed at
both Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and trom school (across Pine Street).
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Adopt tfte action of the City Council from'"'their September 19,2000, meeting
as follows: ~. i:J.
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16.10 The property shall be subject to de-annexation to the previous RT zone
if the property is not developed as agreed and assures;! by the developer
in the companion preliminary plat ~d conditional use permit
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANJ:ING APPLICATION ~
FOR ANNEXATION AND ZONING/BY VIeIa WELI<ER
(AZ-OO-006 )
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applications for this same property.
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17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
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18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not~change the essential character of the affected vicinity and will insure that the
pi,oposeCi uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
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potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
:1). 9. It.is found that the zoning of the subject real property as (R-15)
Medium High'Density Residential District and (L-O) limited Office permits the
establishment of single-family attached and multi-family dwellings at a density not
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exceeding fifteen (15) dwelling units per acre in the R -15, and the L-O permits the
establishment of groupings of professional, research, executive, administrative,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/BY VIeIa WELICER
(AZ-OO-006 )
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accounting, clerical, stenographic, public service and similar uses, and requires
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and "viII assure that the zoning is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Residential.
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20. The subject annexation request and zoning designation and proposed
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development relates and is compatible to the goals and policies of the Comprehensive
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Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
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20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
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20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by apQlying the criteria of the
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Cemprehensi,:~ 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER~:
(AZ-00-006 ) ~
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services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use of land through ifnovative and functional
site design is achieved by applying the criteria of the Comprehens~ve
plan and the Zoning ordinances of the City to the subject application.
21. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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CONCLUSIONS OF LAW
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1. TIle City of Meridian has authority to annex real property upon written
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request for an~-.~xation and the real property being contiguous cz.r adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code 9 11..16 provides the City may
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arnex real property that is within the Meridian Urban Service Planning Area as set
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forth in the City's Comprehensive Plan.
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~;2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
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3. The City of Meridian has exercised its authority and responsibility as
provided by "Local L'i.nd Us~:, Planning Act of 1975', codified at.;:(:hapter 65, Title 67,
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Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
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December 21,1993, Ord. No. 629, January 4,1994.
FINDINGS OF FACT AND CONCLUSIONS OF LAW .. Page 10
;~AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICra WELI<ER
(AZ-OO-006)
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4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
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4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban SefV1"ce Planning Area
policies, which deal with area-specific policies and
programs.
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4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
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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
ability to finance and implement public improvements,
services and its open space character.
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4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient commun~ty.
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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.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
. AND DECISION AND O.RDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICrG WELI<ER
(AZ-OO-006) ·
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4.7 To provide community services to fit existing and projected
needs. ~
4.8 To establish compatible;"and efficient use of land through
the use of innovative and func~~onal site design.
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4.9 To encourage a balance of land use patterns to insure that
revenuesA pay for services.
5.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
The requested zoning of Medium High Density Residential District, (R-
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15) and Limited 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 and multi-family dwellings at a density not exceeding fifteen
(15) dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct access to a park or open
space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominate housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
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and
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I (L-O) Limited Office District: The purpose of the L-O District is to permit .~
;0' the establishment of groupings of professional, research, executive, ~
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any.Kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the ove;all purpose of this .pistrict. The L-O District is
designed' to act as a buffer bet~een other more intense nonresidential uses and
high density residential uses, and is_ thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GR4NTING APPLICATION
FOR ANNEXATION AND ZONINGIBY VICI<I WELI<ER
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(AZ-OO-006 )
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6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use ,permit is required for Applicant to construct and develop a multi-
family apartment, townhouse and office complex as permitted in the R-15 and L-O
zones and compatible with the City's Comprehensive Plan and Zoning Ordinances on
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any legal lot within this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
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City has authority to place conditions upon the annexation of land. See Burt vs. The
CitvofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
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8. The development of the annexed land, if apnexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
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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,
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""hich pertains to pressurized irrigation systems.
9. The development of th~ property shall be subject to and controlled by
the Zoning and' Subdivision and Development Ordinance of the City of Meridian.
10. S&tion 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
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If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
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FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICI<I WELI<ER
(AZ-OO-006) I~
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annexing and zoning the property, or prior if agreed to by the owner of the .
parcel. Unless the commitment is modified or terminated by the City.council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the propert~. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment. ~
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FINDINGS OF FACT AN.D CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICI<I WELI<ER
(AZ-OO-006 )
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DECISION AND ORDER
~NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF lAW, the City Council does
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· hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
12.73 acres to Medium High Density Residential District (R-15) and Limited Office
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District (L-O) are granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 12.73 acres. The
legal description shall be prepared bY~Jfl Registered Land Surveyor, Licensed by the
State of Idaho, and shall conform to all the provisions of the City of Meridian
Resolution No~_~, 158. The legal description for annexation must place this parcel
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cQntiguous to the Corporate City Lim~ls 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
which provides in the event the conditions therein are not met by the Applicant that
the property shall be subject to re-zone and/or de-annexation, with the City of
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Meridian, which provides for the following conditions of~se and development to-wit:
· 3.1 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4. Wells may be used for non-domestic purposes such as landscape
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY VICIa WELICER
(AZ-OO-006) ·
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irrigation.
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3.2 Any existing irrigation/drainage ditches crossing the property to be ~.
included in this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
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3.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among otHer things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
development agreement, restrictions shall also be placed on the use of
the proposed L-Q property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic
Establishments in the L-O shall be prohibited for this property in the
Development Agreement.
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3.4 Developer shall install a center left turn lane on Pine Street, east of its
intersection with Ten Mile li}oad.
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3.5 Tlle developer shall be required to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
~ between ACHD and the developer shall be necessary to assure the signal
is constructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be
willing to provide the signal hardware if the developer pays for the
design and construction of the traffic signal. If the Commission does
not approve ACHD participation, the signal shall be entirelY;l-he
responsibility of the developer.)
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3.6 Developer shall provide an interim all-way stop to provide additional
safety during the construction of the traffic -Signal and the initial
subdivision work. The stop sign installation shall require 36" by 36"
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FINDINGS OF~FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISIdN AND ORDER GRANTING APPLICATION
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FOR ANNExATION AND ZONINGIBY VICI<I WELI<ER
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(AZ-OO-006 )
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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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3.7
Developer shall met all requirements within the Site Specific
Requirements and Standard Requirements of the ACHD's letter of
August 15,2000.
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3.8 Development of a transIfortation 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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3.9 In addition to the ACHD requirements, cross walks shall be placed at
both Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
3.10 The property shall be subject to de-annexation to the previous RT zone
if "the property is not developed as agreed and assured by developer in
th.e companion preliminary plat and conditional use permit applications
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4. The City Attorney shall prepare for consideration by the City Council
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1'1 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
Residential District and (L-O) Limited Office District, Meridian City Code 9 11-7-2
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E and 11-7-2 G.
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5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VICIa WELI<ER
(AZ-00-006) _
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appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code 9 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
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Please take notice that this is a final action of the governing body of the City
!lof Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who
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has an interest In real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who"may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
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By action of the City Council at its regular meeting held on the
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day of
, 2000.
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I\OLL CALL &
COUNCIEMAN RON ANDERSON
VOTED
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COUN@iLMAN I<EITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
VOTED
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COUNCILMAN CHERIE McCANDLESS
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
~~ FOR ANNEXATION AND ZONING/BY VICI<I WELI<ER
(AZ-OO-006 )
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MAYOR ROBERT D. CORRIE (TIE BREAI<ER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
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aCopy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
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By:
City Clerk
Dated:
mswZ:\Work\M\lv1~ridian 15360M\Valllri Hligl?!ts AZ\AZFfCIsOrderTwo.wpd
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VIela WELI<ER
(AZ-OO-006 )
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