HomeMy WebLinkAboutValeri Heights Subdivision
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November 3, 2000
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AZ 00-006
MERIDIAN CITY COUNCIL MEETING November 8, 2000 ..
APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. H
REQUEST Tabled October 17, 2000 - Rndings 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
AGEN~Y
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:
See previous item packet
E:
Contacted:
Date:
Phone:
Maf6rtals pre_of" at pub:lc mf!itlnls shaH.:beconWlproperty of fhe City 01 Meridian.
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November 3, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING November 8, 2000
APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. H
REQUEST Tabled October 17, 2000 - Rndings of Fact and Conclusions of Law - Request for
annexation and zonin~ of 12.73 acres from RT to L-Q and R-15 zones for proposed Valeri Heights
Subdivivision - nee 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 DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See previous item packet
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Date: \1/ b
Phone: 0 z?> -41) D 0
Contacted: V;uJi.c. UJ~ J..JIvl.'
Materials presented at pubic meiHn,~~ shail: become pro~ of fhe City of Mertdlan.
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CITY OF MERIDIAN
CITY CLERK'S OFFICE
Phone If.
Phone #
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Fax #
Fax#.
TO:
Mayor Corrie
Council Member McCandless
Council Member de Weerd.~
Council Member Anderson
Council Member Bird
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FROM: William G. Berg, Jr.
DA TE: Friday, November 3, 2000
RE: Citizen Request
Our office received a call today concerning the Valeri Heights project. Mr.
Dwayne Lingel of 2153 Tumberry Way (Cherry Lane Village SlJbdivision) would
like the City Council Members to call him at 884- 3477 and explain their decision
of this project. He was very upset that he was not notified of the project and
public hearings. Our office explained the public hearing process and the
notifications as per state statues. He felt the city did not inform him of a project
of this nature that will affect him directly. Please contact him as he requested. If
you have any questions, please contact me. Thank you.
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To: Mayor Robert D. Cor;rie and City Council
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cc:
William G. Berg, Jr. (originals of the AZ, PP and CUP Findings)
· C DICTATED BY ATTORNEY AND
Wm. F. Nichols. SENT WITHOUT SIGN,~\TURE IN
M HIS ABSENCE TO AVOID DELAY
Modifications to Valeri Heights (Vicki Welker/Gold River Companies, Inc.)
From:
Subject:
Date:
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November 2, 2000
Mayor Corrie and City Council:
Please be advised that I have been contacted by Susan Wildwood,
attorney for the above named applicant, regarding these matters. Some items were
simply being congru.ent with the name of the applicant, and others corre~ting the
spelling of the project. For others, her client has made some proposals fO'f
modification. Below are the findings as drafted and the language suggested by the
applicant:
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Preliminary Pllit Case No. PP-OO-005
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Attorney's draft PP Findings starting at page II:
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2.42 Redesign the office building to make the e~rior more
attractive by using decorative window and door stxles on
all sides of the building; provide weather access and a "cut-
through" through the building from the parl<ing lot to the
traffic signal.
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Applicant's version:
.. 2.42 ~dd to end of paragraph: Redesign of office building has
been completed and reviewed by City.
Attorney's draft:
15360M\Valeri
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Page 2 .
November 2, 2000
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2.43 Restrictions on the type of business (no bars or taverns),
and hours of operation for the office building, specifically
0800 to 1800.
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Applicant's proposal:
... Restrictions on types of businesses reads 8:00 to 8:00. Gold
River and neighbors agreed on 10:30 p.m. as close of business.
There was no discussion regarding starting hours. We need to be
able to offer opening hours of 6:00 a.m. in case we have a use
such as a bakery.
Attorney's draft:
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2.45 Reduce the number of garage units by
open space and landscaping.
to increase
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Applicant's proposal:
... Reduce garage units to increase open space and landscaping.
Gold River reduced two garages per request by Ron Anderson.
We should not be required to reduce more than a 10% reduction.
We want the option to reduce the number of garages if
appropriate fop the design.
Attorney's draft:
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... 2.46 Install fire gates between the project and Thunder Creel<.
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Applicant's proposal:
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... ~ This provision should be eliminated because it was eliminated at
the ACHD level by changing the road on Lightening Way.
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Page 3
November 2, 2000 ~
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Attorney's draft:
.,. 2.47 Install sidewalks on the east side of Ten Mile Road
between Thunder Creek and the LDS Church.
Applicant's versiOn:
... Install sidewall<s on the east side of Ten Mile. . . where
permission can be obtained from the landowners.
Attorney's draft:
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2.48 Restrict~ the right to make application for any additional
increase in the allowed R-15 density or change of use,
~xcept as to what is allowed in the La designation under
the conditional use for the office building.
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Applicant's version:
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.. I Restrict the right to make application for more than the allowed
R-15 density or change of use, EXCEPT what is allowed in the
LO designation under the conditional use for the office building.
Attorney's draft:
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... 2.49 Make up to 50 memberships available, on a paid basis, to
the neighbors of the Thunder Creek Subdivision in the
Valeri Heights Homeowner's Association.
Applicant's version:
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... Make up to 20 memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision as there are only 20
lots in that subdivision.~
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Page 4
November 2, 2000
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Conditional Use Permit Case No. CUP-OO-014
Attorney's draft CUP Findings starting at page 14:
~ 13.65 Redesign the office building to make the exterior more
attractive by using decorative window and door styles on
all sides of the building; provide weather access and a "cut..
through" through the building from the parking lot to the
traffic signal.
Applicant's version:
... Add to end of paragraph: Redesign of office building has been
completed and reviewed by City.
Attorney's draft:
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13.66 Restrictions on the type of businesses (no bars or taverns),
and hours of operation for the office building, specifically
0800 to 1800.
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Applicant's version:
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... Restrictions orrtypes of businesses reads 8:00 to 8:00. Gold
River and neighbors agreed on 10:30 p.m. as close of business.
There was no discussion regarding starting hours. We need to be
able to offer opening hours of 6:00 a.m. in case we have a use
such as a bakery.
Attorney's draft:
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13.68 Reduce the number of garage units by
open space and landscaping.
to increase
Applicant's version:
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Page 5
November 2, 2000
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Reduce garage units to increase open space and landscaping.
Gold River reduced two garages per request by Ron Anderson.
We should not be required to reduce more than a I 0% reduction.
We "vant the option to reduce the number of garages if
appropriate for the design.
Attorney's draft:
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... 13.69 Install fire gates between the project and Thunder Creek.
Applicant's version:
... ~ This provision should be eliminated because it was eliminated at
the ACHED level by changing the road on Lightening Way.
Attorney's draft:
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13.70 Install sidewalks on the east side ofTen Mile Road
between Thunder Creek and the LDS Church.
Applicant's version:
.. ~~ Install sidewalks on the east side of Ten Mile-. . . where
pennission can be obtained from the landowners.
Attorney's draft:
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13.71 Restrict the right to make application for any additional
increase in the allowed R-15 density or change of use,
except as to what is allowed in the LO designation under
the conditional use for the office building.
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Applicant's version:
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Restrict the right to make application for more than the allowed
R-15 density or change of use, EXCEPT what is allowed in the
LO designation under the conditional use for the office building.
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Page 6
November 2, 2000
Attorney's draft:
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13.72 Make up to 50 memberships available, on a paid basis, to
the neighbors of the Thunder Creek Subdivision in the
Valeri Heights Homeowner's Association.
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Applicant's version:
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Make up" to 20 memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision as there are only 20
lots in that subdivision.
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Applicant additionally added the following sentence to the October 26,
2000 letter from Susan Wildwood, for the Conditional Use Permit:
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Last, please note correct information regarding total reduction of
units to 124, not 120 per David Bailey's letter. I understand he
faxed this to you. I include it for your convenience.
Additionally, I have attached the Annexation and Zoning,
Preliminary Plat and Conditional Use Permit Findings, and the letter received
by Irma and David Atldnson, dated October 16,2000.
RECOMMENDATlbN TO CITY COUNCIL:
The minor..items, which are typo's and name changes, are not of concern
and can be corrected easily, and, in fact, have already been made.
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Additionally, the letter received from Irma and David Atkinson, dated
October 16, 2000, those issues should be addressed, as well.
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Therefore, for the upcoming Council meeting of November 8,2000, I
will await direction from Council on the above issues for the Preliminary Plat and
Conditional Use Permit.
If you have questions please advise.
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October 16,2000
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City Cl~rl, Office
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Mayor Coaie
Coundl Members Bird, Anderson, deWeerd, and Mccandless
Aftor'ney William J'7ichols
City of Meridian
33 E. Idaho ~.II
Meridian, ID 83642
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Thank you for the work Yt)u have done this far regarding Yaleri Heighb
(and ptease 0Qte we Y4ere embarrassed by, and apologize far, the behavior of sooe
individuals at the 9-19 Coondl Meeting). Thank you for listening to our concen.
regarding traffic Jafety, P8destrilln _f'ety, and the impact 011 the exiati~
neighbarbood. We El6peCially appreciate the anfitions which place a tramc sig.,.1 at
Pine aoo Ten Mile, add sidewalks CJ1 the east side of Ten Mile, limit tilt! hours and types
of the businesses in the office cam~ex, and make the nortf1em-most apartment building
dosest to ThuAder Creek a two-story building.
WtI hive NViewed the Findi... 0' Fact.1Id CoIIdusiona of Law and Decl!lion
and Order GrantingUConditional U.. Permit, .lId we would like to offer
feedback ....rd.... wording or certain conditlb_wbicb CGIIC8'IIed and/or
confbtr.ed us.
In Order of Condition81 Approval oFConclLtaI Use ~itf. PIlI'! 1, item 1:
Referente is made to the preliminary plat dated 02-01-2080. 1IowfIver, significant
n!vIIioIw .... ... 011 the preliminary plat... plain submitted 08-21-2880:
A. Most important to the residents of Thunder Creek is tit'! revillCMI which
term'''' LIghtning Way within Thu..... Crtek at the IIOItI..-n boI'Indary
ofY.... Heiehts (aNt this was apprcwed lP/ the ~ County Highway Cistrict
Cotnmissiooers on 08-09-2(00). r>"
B. Another revisiOl1 in the 08-21-2000 plan rotates the townhouses at tte northVYeSt
comer or Valeri Heights, and connects Valeri Heights to Ughtning Way with a
sidewalk, but no autcmolile traffic.
C. ArlottJer r&'fsbl creates an entrance into Valeri Heights off of Ten Mile which forms
... a cul-de-saE: in front of the townholses.
.It iI bur conC*n that, un.. it is ~ified tIIet'lt is the 08-11-2080 .. plen
which IS beinl aPPfO-..wI, the developer..1eI revet bKk to tbI 02-01~2080
lite glen aMI Lilhtnillfl Wly be put thro.gh into Val'; Heightl'alld out to Te.
Mile. Thil' ilJUll what was promilllld to U!I by the dewloper.
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~ 13, iteml1.69 regerding the installatioo of fire gates between the piOject and
Thunder Creek, and 1.75, Grey Cloud bemg gated with a security gate allowing
pedestrian, bicycle, and fJnergel1CY vehicle access. ~
It was our understanding (as referenced aboYe) that Ughtning Way will terminate within
Thunder Qeek. It.. our unde iltanding that the mndition on Grey C~ was
inteafded to r&luirl an 0ptIc0m (ar a similar remote access system) fire-gate
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betweell Thun'" Creek and Valeri ~hts on Grey Cloud to eJimilUlte
apal tnWlt tnlftk through the r~tial ni!aighborhood. This CClJft1 use some
dariflcatiCi1, please.
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Also an Paoe 13, item 1.75, we are not sure' what the quallll8r "if ACHD
a~.....ns. Whit Is the developer expected to do to gain ACHD approval to do
the tire-gate an G~ Ooud: call one of the ACHD pfanflellS on the telephone or go back
before the Commissioners? What will hitppen if alJl)roval fat the fire-gate is not
granted: wifl ttre ~ be stalled or will it ptOceed?
Page 13, item 1.72, ..reting the ~eveloper meking up to 50 membenhips
available, on . paid ....... to th8 riiighbors in the Thullder CNek SubdiviliOla.
Are memberships CXU1ted ~ number of individuals or nUrlbe- of homes? If
memberships are COtJnt&d by hOlIsehofds, ThuOOer Creet .,'y has 20 homes in it We
are not dear if the intB1tion of the condition was to offer memberships to the adjacent
Haven Cove nelghern as well as the Thundef Creek neighbors.
Again, thank JOu tbt tIiI WOFk you have doae and thenk you far the
opportunltr to .. fbr darifk:ation an some of the concIlttanII!
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Irma and Oavid Atkinson
1124 N. Ughtning Prate
IMerIdlan, 10 83642
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF GOLD
RIVER COMPANIES, INC., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 12.73 ACRES FOR VALERI
HEIGHTS SUBDIVISION FROM
R-T TO R-15 AND L-O
,
LOCATED AT THE
NORTHEAST CORNER OF W.
PINE STREET AND S. TEN
MILE ROAD, MERIDIAN,
IDAHO
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Case No. AZ-OO-006
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
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Tne 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
July 18,2000, and then re-noticed ,.,for August 15,2000, and continued until Au~~~
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~22, 2000, and continued until September 19,2000, at the hour of 7:30 p.m., and at
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the May 16/'2000 meeting Shari Stiles, Planning and Zoning Administrator,
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appeared and testified, and appearing and testifying on behalf of the Applicant was
David Bailey, Pat Dobie-Traffic Engineer, Scott Harrision-Project Designer, and
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Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and
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.FINDINGS OF FACT ANQ fONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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testifying with comments or concerns vvere: Erma Calhoun Atl<.inson, Rick Lambert,
Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas,
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Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15,
2000 meeting appearing and testifying in favor of the project were Greg I<ritchville,
and Daren McNatt, and the matter was continued until August 22,2000 and again
to September 19, 2000, and Shari Stiles, Planning ana Zoning Administrator,
appeared and testified,and those appearing in favor of the project were: Jennifer
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Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber I(erns, Jeff Strouhs, Carrie
Rudy, and Steve Bravo, Dave Fuller, Michael Marquise, Colleen Calhoun, and David
Bailey, and thqpe appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica
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Atkinson, Lynn Hackstetter, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague,
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~ Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I<aty Corbol, MarIe
Lines, Riclc Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel
Nelson, David Atkinson, Roger Ffd:ner, Chelsea Ghasserani, Jody Clark, Chris Staley,
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Devo~Fverhart, and Steven Martin, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
:(1
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weelcs prior to said public hearing
FINDINGS OF FAC~ AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ I~
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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scheduled for 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, and continued until August 22,2000
and again to September 19, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
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record within three hundred feet (300') of the external boundaries of the property
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under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upgn the property under consideration
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more than one~eek before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service anndilncements;
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-
notJiced for August 15, 2000,.and continued until August 22,2000, and again to
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September 19, ~OOO, public hearing; and the applicant, affected property owners, and
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government subdivisions providing services within the planning jurisdiction of the
City of Meridian, havi~g been given full opportunity to express comments and
submit evidence.
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2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code ~9 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 =.t
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and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD MVER COMPANIES, INC. / (AZ-OO-006)
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development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
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adopted Decewber 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
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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.
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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 V. aleri Heights Subdivision.
5.
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The owner of record of the subject property is David and Shirley Fuller,
of Meridian, Idaho.
6. Applicant is Gold River Companies, Inc. of Meridian, Idaho.
7. The property is prestr..ntly zoned by Ada County as Rural Transitional,
and consists of undeveloped land. a~
8.
The Applicant requests the property be zoned as Limited Office (L-O)
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and hIigh Density Residential (R-15).
9. The subject property is bordered to the east, west, and south by Ada
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County and city1imits 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 - P~ge 4
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AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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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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II. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
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12. The Applicant proposes to de\relop 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
'if R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land
Use Map which designates the subject property as Mixed Residential.
14. The Meridian City Council recognizes and takes notice of the concerns
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of all persons testifying at the public hearings, along with several letters and Petitions
in opposition to the development and which are filed with the Clerk's office.
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15. There are no significant or scenic ~eatur~s of major importance that
aff~ct the consi.deration of this application.
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16. Giving due consideration to the commehc received from the
governmental subdivisions providing services i~ 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
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imposed:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISIq!N AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows: I
16.1 Afly existing domestic wells and/orAseptic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4. Wells may be used for non-domestic purposes such as landscape
iqigation.
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
16.3 Applicant shall be required to enter into la 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 s~ll 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 CtJ-permitted Bars/Alcoholic
Establishments 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
May 15, 2000, as follows: v,
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 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~onstructed in accordance with standards. (Because of the location
b@:ing 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 ~D ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
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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.)
16.6 Developer shall provide an interim all-way stop to provide additional
safety during the construction of the traffic signal and the initial
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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~lates on the two new STOP
.
sigrl's and the two exi~ting 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:
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16.7 All requirements within the Site S}Jecific 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: s
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16.8
Development of a transportation management plan in ccordination with
ACHD Commuteride Program. The transportation management plan
should be submitted to the Highway District for review and approval.
Identify how the development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals.
"16.9 In addition to the ACHD requirem~nts, cross walks shall be placed at
both Ten Mile Road ajld Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pinei:'Street).
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Adopt the action of the City Council from their September 19,2000, meeting
as follows: · ..:t:
16.10 The property shall be subject to de-annexation to the previous RT zone
if'the property is not developed as agreed and assured by the developer
in the companion preliminary plat and conditional use permit
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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applications for this same property.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
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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
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will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as (R-15)
Medium High Density Residential District and (L-O) Limited Office permits the
establishment of single-family attached and multi-family dwellings at a density not
exceeding fifte@n (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
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FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (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 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
development relates and is compatible to the goals and policies of the Comprehensive
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.
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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
matter.
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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
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self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the~Zoning ordinances of the City to the
subject application. Y ;!:;
20.5 Compliance with the requests of the political subdivisions providing
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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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
S:r~rvice 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. The property can be physically serviced with City water and sewer, if
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applicant extends the lines.
CONCLUSIONS OF lAW
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1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies witqin the area of city impact as provided by ,..
Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
~ forth in the Ciiy's Comprehensive Plan.
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2. The Council may take judicial notice of government ordinances, and
policies, and ofic~actual conditions existing within the City and State.
3. The City of Meridian has exercised its au!hority and responsibility as
provided by "L~cal Land Use P!anning,Act of 1975', codified at Chapter 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 GOLD RIVf:R COMPANIES, INC. / (AZ-OO-006)
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4.
T~e following are found to be pertinent provisions of the City of
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Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
~y adopting City-wide and Urban Servicei-.Planning Area
policies, which deal with area-specific policies and
programs.
4.2 To ensure tbat growth and development occur in an
orderly fashion in accordance with a~~~pted 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 community.
1.6 To encourage cultural educatiqnal and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR1\NNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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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.
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4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
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5. The requested zoning of Medium High Density Residential District, (R-
15) and Limited Office are defined in the Zoning Ordinance at 11-7 -2 E and 11-7-2
G as follows:
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(R-15) Medium Hi,gh 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
I 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
condomini urns.
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(L-O) Limited Office District: The purpose of the L-O District i..s to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of.~this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
A
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
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BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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6. By authority of the City of Meridian under the Comprehensive Plan, a
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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-Q
zones and compatible with the City's Comprehensive Plan and Zoning Ordinances on
any legal lot within this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 12-2-4 which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N,
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which pertains to pressurized irrigation systems.
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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. Section 11-16-4 A of the Zoning and Development Ordinance provides
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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 mal<e 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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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 property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property'only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
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FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ Ii
BY GOLD RIVER COMPANIES, INC. / (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
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
12.73 acres to Medium High Density Residential District (R-15) and Limited Office
District (L-O) are granted subject to the terms and conditions of this Order
Il
hereinafter stated.
2. The application is for annexation and zoning of 12.73 acres. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by the
State of Idaho, and shall conform to all the provisions of the City of Meridian
...,
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
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3. Applicant enter into a Development Agreement, and such Development
Agreement shall also include and cgntain the conditions of and for the real property
which provides in the event the conditions tq.erein are not met by the Applicant that
the property shall be subject to re-zone and/or de-annexation, with the City of
Meridian, which provides for the following conditions of use and development to-wit:
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3.1 Any existing domestic wells and/br septic systems within this project
shall be removed from their domest~s: 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
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FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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irrigation.
3.2
Any existing irrigation/drainage ditches crossing the property to be
included in~this project, shall be tiled per City Ordiitance 12-4-13a The
di"tches 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 W orl<s 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-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
tle L-O zone with a conditional use. Tqe 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 Road.
3.5 The developer shall be required to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
.:- between ACHD and the developer shall be necessary to assure the signal
is constructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be
wj)ling to provide the signal hardware if the developer pays for the
design and construction of the traffic signal. If the Commission does
n6t approve ACHD participation, the signal shall be entirely the
responsibility of the developer.)
3.6 Developeroshall provide an interim all-way stop to provide additional
safety during the construction of the traffic signal and the initial
~~ subdivision work. The stop sign installation shall require 36" by 36"
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 I'
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road asd
no~rth 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.
3.8 Development of a transportation management plan in ccordination with
ACHD Commuteride Program. The transportation management plan
should be submitted to the Highway District for review and approval.
Identify how the development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals. l'~:
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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 ~fety,
especially the children walking to and-from school (!lcross Pine Street).
3.10 T~e property shall be subject to de-annexation to the previous RT zone
if'the property is not developed as agreed and assured by developer in
the companion preliminary plat and conditional use permit applications
for this same property.
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4. The City Attorney shall prepare for consideration by the City Council
11.'11
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-15) Medium High Density
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Residential District and (L-O) Limited Office District, Meridian City Code 9 11-7-2
E and 11-7-2 G.
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5. SlIbsequent to the passage of the Ordinance provided for in section 4 of
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this Order the engineering staff of the Public Warks Department shall prepare the
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FINDINGS O~ FACT AND CONCLUSIONS OF lAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
. x .
rBY GOLLi~:RIVER COMl?ANIES, INC. / (AZ-OO-006)
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appropriate mapping changes of the official boundaries and zoning maps as ,provided
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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 ~.r.a]<e notice that this is a final action of the governing body of the City ~
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of Meridian. Pursuant to Idaho Code S 67 -6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
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after the date of this decision and order seek a judicial review as provided by Chapter
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52, Title 67, Idaho Code.
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By action of the City Council at its regular meeting held on the
day of
, 2000.
ROLL CALL I~
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COUNCILMAN RON ANDERSON
VOTED
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COUNCILMAN I<EITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
VOTED
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COUNCILMAN CHERIE McCANDLESS
VOTED
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FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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MAYOR ROBERT D. CORRIE (TIE BREAI<ER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
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Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
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By:
City Clerk (t
Dated:
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15360N1\Valeri
10.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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DEVELOPMENT AGREEMENT
10-03-00
PARTIES: 1.
2.
3.
City of Meridian
David Fuller and Shirley Fuller, Owners
Vicl<i Welker/Gold River Companies, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY", and DAVID FLJLLERAND SHIRLEY FULLER,'HUSBAND AND
WIFE, "OWNER" whose address is 890 N. Ten Mile Road, Meridian, Idaho
83642, and VICIG WELI<ER/GOLD RIVER COMPANIES, "DEVELOPER"
whose address is 2326 W. Rainwater Ct., Meridian, Idaho 83642. .
1. RECITALS:
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1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, are the sole
owners, in law and/or equity, of certain tract of land in the County
;-: of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full;
and .. ~
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1.2 ~ WHEREAS, I.C. 967-6511A, Idaho Code, provides that cities may,
.A~ by ordinance, require or permit as a condition of re-zoning that the
"Developer" and "Owner" make a written commitment concerning
the use or development of the subject "Property'-; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Meridian City Code 99 II.. 7 -12 and 11-16-4 A, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
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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
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1
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M:.~ E M 0 <.R AND U M::
To:
Mayor Robert D. Corrie and City Council
cc:
. . ._~..: .-<<..~... /.. .. .V ~: ~......... ::.:r.. J~ 7~
. DICTATED BY ATTORNEY AND
Wm. F. NIchols SENT WITHOUT SIGfiATURE IN
~ HIS ABSENCE TO AVOID DELAY
Modifications to Valeri Heights (Vicki Welker~old River Companies, Inc.)
From:
Subject:
Date:
November 2, 2000
Mayor Corrie and City Council:
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Please be advised that I have been contacted by Susan Wildwood,
attorney for the above named applicant, regarding these matters. Some items were
simply being congruent with the name of the applicant, and others correcting the
spelling of the project. For others, her client has made some proposals for
modification. Below are the findings as drafted and the language suggested by the
applicant:
Preliminary Plat Case No. PP-OO-005
Attorney's draft PP Findings starting at page 11:
,(I.!,.
2.42 Redesign the office building to make the exterior more
attractive by using decorative window and door styles on
all sides of the building; provide weather access and a "cut-
through" thro}lgh the building from the parl<ing lot to the
traffic signal.
...
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Applicant's version:
... 2.42 Add to end of paragraph: Redesign of office building has
been completed and reviewed by City.
A~.torney' s draft:
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msglZ:\W ork\M\Meridian\Merrdian 153 60M\ Valeri Heights AZ\MayorCouncilModifica 11 0200.Mem
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Page 2 ~
November 2,2000
... 2.43 Restrictions on the type of business (no bars or taverns),
and hours of operation for the office building, specifically
0800 to 1800.
Applicant's proposal:
... Restrictions on types of businesses reads 8:00 to 8:00. Gold
River and neighbors agreed on 10:30 p.m. as close of business.
There was no discussion regarding starting ho\1rs. We need to be
able to offer opening hours of 6:00 a.m. in case we have a use
such as a bakery.
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Attorney's draft:
....
2.45 Reduce the number of garage units by
open space and landscaping.
to increase
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Applicant's proposal:
.... Reduce garage units to increase open space and landscaping.
Gold River reduced two garages per request by Ron Anderson.
We should not be required to reduce more than a 1 0% reduction.
We want the option to reduce the number of garages if
appropriate for the design.
Attorney's draft:
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.... 2.46 Install fire gates between the project and Thunder Creel<.
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Applicant's proposal:
... ffl This provision should be eliminated because it was eliminated at
the ACHD level by changing the road on Lightening Way.
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msgJZ:\ W ork\M\Meridian\lvlltridian 153 60M\ Valeri Heights AZ\MayorCouncilModifica II 0200 .Mem
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Page 3
November 2, 2000 .~
Attorney's draft:
... 2.47 Install sidewalks on the east side of Ten Mile Road
between Thunder Creek and the LDS Church.
Applicant's version:
... Install sidewalks on the east side of Ten Mile. . . where
permission can be obtained from the landowners.
Attorney's draft:
... 2.48 Restrict the right to make application for any additional
increase in the allowed R-15 density or change of use,
except as to what is allowed in the LO designation under
the conditional use for the office building.
Applicant's version:
... Restrict the right to make application for more than the allowed
R-15 density or chang~ of use, EXCEPT what is allowed in the
LO designation under the conditional use for the office building.
Attorney's draft:
.. 2.49 Make up to 50 memberships available, on a paid basis, to
the neighbors of the Thunder Creek Subdivision in the
Valeri Heights Homeowner's Association.
Applicant's version:
... Make up to 20 memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision as there are only 20
lots in that subdivision~
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mswZ:\Work'Jv1\Meridian\MIridian 15360M\Valeri Heights AZ\MayorCounciIModifical10200.Mem
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Page 4
November 2,2000
Conditional Use Permit Case No. CUP-OO-014
Attorney's draft CUP Findings starting at page 14:
...
13.65 Redesign the office building to make the exterior more
attractive by using decorative window and door styles on
all sides of the building; provide weather access and a "cut-
through" through the building from the parking lot to the
traffic signal.
.
Applicant's version:
... Add to end of paragraph: Redesign of office building has been
completed and reviewed by City.
Attorney's draft:
... 13.66 Restrictions on the type of businesses (no bars or taverns),
and hours of operation for the office building, specifically
0800 t~1800.
Applicant's version:
... Restrictions on types of businesses reads 8:00 to 8:00. Gold
River and neighbors agreed on 10:30 p.m. as close of business.
There was no discussion regarding starting hours. We need to be
able to offer opening hours of 6:00 a.m. in case we have a use
such as a bakery.
Attorney's draft:
...
13.68 Reduce the number of garage units by
open space and landscaping.
to increase
.
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Applicant's version:
msgJZ:\W ork\M\Meridian\lV1~ridian 15360M\ V aleri H~"ights AZ\MayorCouncilModificall 0200.Mem
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Page 5
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... Reduce garage units to increase open space and landscaping.
Gold River reduced two garages per request by Ron Anderson.
We should not be required to reduce more than a 10% reduction.
We want the option to reduce the number of garages if
appropriate for the design.
Attorney's draft:
... 13.69 Install fire gates between the project and Thunder Creek.
Applicant's version:
...
....~ This provision should be el~minated because it was eliminated at
the ACHED level by changlng the road on lightening Way.
Attorney's draft:
13.70 Install sidewalks on the east sid~ of Ten Mile Road
between Thunder Creek and the LDS Church.
...
Applicant's version:
... Install sidewalks on the east side of Ten Mile. . . where
permission can be obtained from the landowners.
Attorney's draft:
... 13.71 Restrict the right to make application for any additional
increase in the allowed R-15 density or change of use,
except as to what is allowed in the LO designation under
the conditional use for t!he office building.
Applicant's version:
... Restrict the right to make application for more than the allowed
R-15 density or change of use, EXCEPT what is allowed in the
LO designation under the conditional use for the office building.
msrgjZ:\Work\M\Meridian\Meridian 15360M\Valeri Heights AZ\MayorCouncilModifical10200.Mem
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Page 6
November 2, 2000
Attorney's draft:
(t
... 13.72 Make up to 50 memberships available, on a paid basis, to
the neighbors of the Thunder Creek Subdivision in the
Valeri Heights Homeowner's Association.
Applicant's version:
...
Make up to 20 memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision as there are only 20
lots in that subdivision.
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Applicant additionally added the following sentence to the October 26,
2000 letter from Susan Wildwood, for the Conditional Use Permit:
... Last, please note correct information regarding total reduction of
units to 124, not 120 per David Bailey's letter. I understand he
faxed this to you. I include it for your convenience.
Additionally, I have attached the Annexation and Zoning,
Preliminary Plat and Conditional Use Permit Findings, and the letter received
by Irma and David Atldnson, dated October 16,2000.
RECOMMENDATION TO CITY COUNCIL:
The minor items, which are typo's and name changes, are not of concern
and can be co~ected easily, and, in fact, have already been made.
Additionally, the letter received from Irma and David Atkinson, dated
October 16, 2000, those issues should be addressed, as well.
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Therefore, for the upcoming Council meeting of November 8, 2000, I
will await direction from Council on the above issues for the Preliminary Plat and
Conditional Use Permit.
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If you have questions please advise.
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interoffi"ce
MEMORANDUM
To:
From:
Marlen .
Subject:
Valeri Heights. Development Agreement
Date:
November 29,2000
Will:
Please find attached a new revised Development Agreement to Valeri
Heights, for the annexation and zoning, Case No. AZ-OO-006. Please replace this
agreement with the previous one, as this one, I believe, has the actions of the City
Council.
If you have any questions, please advise.
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DEVELOPMENT AGREEMENT
;1;
10-03-00
PARTIES: 1.
2.
3.
City of Meridian
David Fuller and Shirley Fuller, Owners
Vicki Welker/Gold River Companies, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY", and DAVID FULLER AND SHIRLEY FULLER, HUSBAND AND
WIFE,"OWNER" whose address is 890 N. Ten Mile Road, Meridian, Idaho
83642, and VICIa WELI<ER/GOLD RIVER COMPANIES, "DEVELOPER"
whose address is 2326 W. Rainwater Ct., Meridian, Idaho 83642.
1. RECITALS:
1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, are the sole
owners, in law and/or equity, of certain tract of land in the County
of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full;
and
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1.2 ~ WHEREAS, I.C. 967-6511A, 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
...
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Meridian City Code ~~ 11-7 -12 and 11-16-4 A, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property" described in Exhibit A, and
has requested a designation of Medium High Density Residential
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1
1~
Marlene St.George
From:
Sent:
To:
Subject:
Marlene St.George
Tuesday, November 14, 2000 12:00 PM
'stilesS@CLm_..".I. 1 . i ...@cLmeridian.id.usl
Here are the for the AZ PP and CUP
Attached are the three documents listed above for the Valeri Heights project.
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December 14, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING
December 1 9, 2000
APPLICANT Vickie Welker / Gold River Companies ITEM NO. 5
REQUEST Ordinance - request for az of 12.73 acres from RT to L-O and R-15
zones for Valeri Heights Subdivision - NEC of West Pine Avenue and North Ten
Mile Road ,
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See attached Ordinance
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CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUfLDING OEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA C"UNTY HIGHWAY DISTRICT:
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SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH: r".
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
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INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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Contacted:
Date:
Phone:
Materials presented at pubic I'11tMtlngs shal :become::property of the City of MetldkJn.
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CITY OF MERIDIAN
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ORDINANCE NO. ~
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AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NOWN AS V ALERl HEIGHTS
LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS 1v1ADE A
REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND
BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH
DENSITY RESIDENTIAL DISTRICT (R-15) AND LIMITED OFFICE DISTRICT (L-O); AND
DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERlDIAN, IDAHO; AND
DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF
THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
it:
(R..15) Medium High Residential District:
A parcel of land situated in a portion of the SI/2 of the NWI/4 of Section 11 T.3N., R. 1 W., B.M.,
~Ada County, Idaho and~;being particularly described as follows: :)
Commencing at a brass cap marking the W 1/4 comer of said Section II, thance along the West
line of said NW 1/4 N 00025'27" E a distance of 46.9.09 feet to a point from which a brass cap
marking the NW comer of said Section bears N 0002'.5'27" 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;
ANNEXATION AND ZONING ORDINANCE (AZ-OO-Q06)- 1
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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 N 80040'45" E a distance of 344.45 feet to a point;
Thence S 61001'27" E a distance of 14.33 feet to a point;
Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar;
Thence along the South line of said NWI/4 N 89010'57" W a distance of 485.79 feet to a point;
Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point;
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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 N 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;
Thence N 00025'27" E a distance of 273.96 feet to a point;
Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-oE-
way of record or implied.
and
1
(L..O) Limited Office District:
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A parcel of lan~situated in a portion of the S 1/2 of the NW 1/4 of Section II, T. 3N., 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 comer of said Section, thence along the West line
of said NWI/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marl<ing
the NW comer of said Section bears N 00025'27" E a distance of 2196.33 feet;
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ANNEXATION AND ZONING ORDINANCE (AZ-QQ-006)- 2
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Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point;
l'; Thence S 0025'27" W a distance of 273.96 feet to a point;
Thence S 89010'57" E a distance of 156.38 feet to a point;
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Thence S 67006'08" E a distance of 43.08 feet to a point;
.."'"
Thence S 22053'52" W a distance of 51.44 feet to a point;
Thence along the arc of a CUIVe to the left having a radius of 100.00 feet, a central angle of
22_004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11051 '28" W to a
101
pO-int;
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Thence S 0049'03" W a distance of 86.04 feet to a point;
Thence along the South line of said NWI/4 N 89010'57" W a distance of 368.85 feet to the
POINT OF BEGINNING.
.
Said parGel contains 2.87 acres more or less and is subject to all existing easements and rights-of-
way of record or implied.
u.
SECTION 2: That the above-described real property be, and the same is hereby annexed
...
and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Medium High Density Residential District (R..15)
and Limited Office District (L-O).
....11
SECTION 4: Th.at the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of
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the City of Meridian in accordance with this ordinance.
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SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to
the terms and conditions wof that certain Development Agreement by and between the City of
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ANNEXATION AND ZONING ORDINANCE (AZ-QQ-Q06)- 3
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Meridian and the owner of the land described in Section 1 dated the
day of
, 2000.
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SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
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SECTION 7: This ordinance shall be in full force and effect from and after its passage, ~
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approval and publication, according to law.
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SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
.
41 draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of
.
Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a
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certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all
in compliance with Idaho Code ~63-2215 and ~50-223.
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ANNEXATION AND ZONING ORDINANCE (AZ-OO-006)- 4
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
, 2000.
day of
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
, 2000.
day of
'1
MAYOR
~,
ATTEST:
CITY CLERI(
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STATE OF IDAHO,)
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S5.
County of Ada. )
On this day of ,2000, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
~ Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNES S WHERE 0 F, I have hereunto set my hand and affIXed my official
seal the day ariCi year first above written.
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(SEAL)
NOTARY PUBLIC FOR IDAHO
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RESIDING AT:
MY COMMISSION EXPIRES:
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Z:\ Work\M\Meridian 15360M\Valeri Heights AZ\AZ.ORD
ANNEXATION AND ZONING ORDINANCE (AZ-OO-006)- 5