HomeMy WebLinkAboutValerie Height Subdivision
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December 14, 2000
AZ 00-006
MERIDIAN CITY COUNCIL MEETING December 19, 2000
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APPLICANT Vickie Welker / Gold River Companies ITEM NO. I
REQUEST Df A - Request for annexation & Zoning 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: See attached D/A
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY ~
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDfNG DEPT: .
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CITY WATER DEPT:
CITY SEWER DEPT:
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MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANIT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH: - q/tu
NAMPA MERIDIAN IRRIGATION: )1 /
SETTLERS IRRIGATION: ;-oA~}J *
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IDAHO POWER:
US WEST: ;t;I: ~~
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INTERMOUNTAIN GAS:
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BUREAU OF RECLAMATION:
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t:-Contacted: Date: Phone:
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Matlrlals PMs.nted at pubk meetfnSJs shlili become property 01 th.CHy otMerldlan.
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
David Fuller and Shirley Fuller, Owners
Gold River Companies, Developer
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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 :5
WIFE,"OWNER" whose address is 890 N. Ten Mile Road, Meridian, Idaho
83642, and GOLD RIVER COMPANIES, "DEVELOPER" whose address is 2326
W. Rainwater Ct., Meridian, Idaho 83642.
I. RECITALS:
1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, are the sole
owners, in law and/or equity, of certain tract of land in the County
of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full;
and
1.2 WHEREAS, I.C. S67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Developer" and "Owner" mal<e a written commitment concerning
the use or development of the subject "Property"; and
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1.3 WHEREAS, "City" has exercised its statutory authority by the
M enactment of Meridian City Code ~S 11-7 -12 and 11-16-4 A, vyhich
authorizes development agreements upon the annexation and/or re-
zoning of land; and
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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-
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District (R-15) and Limited Office District (L-O), (Meridian City
Code) Case No. AZ-OO-006; and
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WHEREAS, "Developer" has made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" "viII be developed and what improvements will be made;
and
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1.6 WHEREAS, record of the proceedings for the requested annexation
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and zoning designation of the subject "Property~' held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
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1.7 WHEREAS, City Council, the _ day of ,2000, has ~~
approved certain annexation and zoning Findings of Fact and
Conclusions of Law and Decision and Order, Case No. AZ-00-006,
set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, both the "Findings" require the "Developer"j"Owner"
to enter into a development agreement before the City Council tal<es
final action on annexation and zoning and zoning designation; and
1.9 "DEVELOPER"j"OWNER" deems it to be in its best interest to be
able to enter into this Agreement and aclmowledges that this
Agreement was entered into voluntarily and at its urging and
requ~sts; and
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1.10 WHEREAS, "City" requires the "Developer"j"Owner" to enter into a
development agreement for the purpose of ensuring that "Property"
is developed, and the subsequent use of the "Property" is, in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning and re-
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 2
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zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in accordance
with the Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994, and the
Zoning and Development Ordinance codified in Title II, Municipal
Code of the City of Meridian.
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NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
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2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement~the following words,
terms, and phrases herein contained in this section shall be defined and
interpreted as herein provided for, unless the clear context of the presentation of
the same requires otherwise:
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3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of i~
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Gold River Companies, 2326
W. Rainwater Ct., Meridian, Idaho 83642, and her successors,
assigns and affiliates, whose address is 2326 W. Rainwater Ct.,
... Meridian, Idaho 83642, the party developing "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
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3.3 "OWNER": means and refers to Owner of the property as described
in Exhibit "A", David Fuller and Shirley Fuller, husband and wife,
whose address is 890 N. Ten Mile Rd., Meridian, Idaho 83642,
3.4 "PROPERTY": means and refers to Property, owned by David
Fuller and Shirley Fuller, husband and wife, 890 N. Ten Mile Rd.,
Meridian, Idaho 83642, which is that certain parcel(s) of "Property"
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 3
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located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
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The uses and development allowed pursuant to this Agreement of
the subject property shall be subject to and pursuant to those uses
allowed under "City"'s Zoning Ordinance codified at Meridian City
Code ~11..7..2 D which are herein specified as follows:
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(R...15) Medium High Density Residential District:
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A parcel of land situated in a portion of the S 1/2 of the NW 1/4 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 corner of said Section 11, thence
along the West line of said NW 1/4 N 00025'27" E a distance of 460.09 feet to a
point from which a brass cap marking the ''Nw comer of said Section bears N
00025'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING;
Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet
to a 5/8 inch rebar;
Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch
rebar;
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Thence N 80040'45" E a distance of 344.45 feet to a point;
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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;
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 4
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Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 !"eet, a
central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30
feet bearing N II 051'28" E to a point; '.'
Thence N 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;
Thence N 89010'57" W a distance of 156.38 feet to a point;
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Thence N 00025'27" E a distance of 273.96 feet to a point;
Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
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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
(L-O) Limited Office District ~.
A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section 11, T.
3N., R. I W., B.M., Ada County, Idaho and being particularly described as
follows:
BEGINNING at a brass cap marking the W 1/4 corner of said Section, thence
along the West line of said NWl/4 N 00025'27" E a distance of 460.09 feet to a
point from which a brass cap marking the NW corner of said Section bears N
00025'27" E a distance of 2196.33 feet; I
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Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a
point;
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Thence S 0025'27" W a distance of 273.96~;feet to a point;
Thence S 89010'57" E a distance of 156.38 feet to a point;
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 5 '"I
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Thence S 67006'08" E a distance of 43.08 feet to a point;
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Thence S 22053'52" W a distance of 51.44 feet to a point;
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Thence cf1011g the arc of a curve to the left having a radius of 100.00 feet, a central
angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet
bearing S 11 051'28" W to a point;
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.tS
feet to the POINT OF BEGINNING.
Said parcel contains 2.87 acres more or less and is subject to all existing easements
and rights-of-way of record or implied.
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For the construction and development of a multi1amiry town'4house and office
complex as permitted in the R -15 and ELO zones and compatible with the
City's Comprehensive Plan and Zoning Ordinances.
4.2 .-. No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
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~:5.A "Developer/Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Section 9-1-4. Wells may be used for non-domestic purposes such as
landscape irrigation.
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5.2 "- Any existing irrigation/drainage ditches crossing the property to b"e
included in this project, shall be tiled per City Ordinance 12-4L13.
The ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, or lateral
DEVELOPMENT AGREEMENT -.(AZ-OO-006) - 6
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users association, with written Eonfirrnation of said approval
submitted to the Public Worlcs Department. No variances have been
requested for tiling of any ditches crossing this project.
5.3 The applicant shall address, among other things, specific
landscape/common area requirements, any height limitations, right-
. of-way dedication prior to submitting for building permits, signage,
u; bike lanes, etc. Restrictions shall be placed on the use of the
proposed L-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed
in the L-O zone with a conditional use. The CD-permitted m
Bars/Alcoholic Establishments, Convenience Stores, Drive-In
Theaters, Drive-In Establishments, Hotels, Motels, and Outdoor
Storage Facilities, in the L-O shall be prohibited for this property.
5.4 Developer shall install a center left turn lane on Pine Street, east of
its intersection with Ten Mile Road.
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5.5 The developer shall be reqllired to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
between ACHD and the d~'Yeloper shall be necessary to assure the
signal is constructed in accordance with standards. (Because of the
location being the intersection of two functionally streets, the
Commission may be willing to provide the signal hardware if the
~ developer pays for the design and construction of the traffic signal.
If the Commission does not approve ACHD participation, the signal
shall be entirely the responsibility of the developer.)
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5.6 Developer shall provide an interim all-way stop to provide additional
~ safety during the construction of the traffic signal and the initial
subdivision work. The stop sign installation shall require 36" by 36"
STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road
.1 and north and south of Pine Street. The installation sh~ll also L'
~ 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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5.7 All requirements within the Site Specific Requirements and Standard
Requirements shall also be met from the ACHD's August 15,2000
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7
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letter; except to the extent modified by any findings or order adopted
by the Meridian City Council.
5.8 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 peal< hour traffic, and also provide
short and long term scenarios for trip reduction goals.
5.9 In addition to the ACHD requirements, cross walks shall be place<1
at both Ten Mile Road and Pine Street for pedestrian comfort and
safety, especially the children wall<ing to and from school (across
Pine Street).
5.1 0 The property shall be subj ect to de-annexation to the previous R T
zone if the property is not developed as agreed and assured upon by
the developer in the companion preliminary plat and conditional use
permit.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning
designation reversed, upon a default of the "Developer/Owner" dr
"Developer/Owner"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the "City"
has complied with the notice and hearing procedures as outlined in I.C. 9 67-
6509, or any subsequent amendments or recodifications thereof.
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7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION: ~
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"Developer/Owner" consents upon defaulJ. to the de-annexation and/or a
reversal of the zoning designation of the "Property" to which the default applies
subject to and conditioned upon the following conditions precedent to-wit:
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7.1 That the "City" provide written notice of any failure to comply vvith
this Agreement to "Developer/Owner" and if the "Developer/Owner"
~ fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Developer/Owner" shall, immediately upon completion of
any portion or the entirety of said deveiopment of the "Property" as required by
this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditioll'S of
this Development Agreement and all other ordinances of the "City" that apply to
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saId Development. .
9. DEFAULT:
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9.1 In the event "Developer/Owner", "Developer/Owner"'s heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may
be modified or terminated with respect to the "Property" which is in.
default by the "City" upon compliance with the requirements of the
Zoning Ordinance.
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9.2 A waiver by "City" of any default by "Developer/Owner" of anyone
or more of the covenants or conditions hereof shall apply solely to
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~ the breach and breaches waived arid shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions. .
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10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits,
at "Developer/Owner"'s cost, and submit proof of such recording to
"Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance
in connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to adopt
the ordinance in connection withiclthe annexation and zoning of the "Property"
contemplated hereby, the '~City" shall execute and record an appropriate
instrument of release of this Agreement.
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11. ZONING: "City" shall, follovving recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
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12. REME~IES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer/Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to secure
the specific performance of the covenants, agreements, conditions, and obligations
contained herein.
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12.1 ~ In the event of a material breach of this Agreement, the parties agree
. that "City" and "Developer/Owner" shall have thirty (30) days after
rOo delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
~ (30) day period and thereafter sflall prosecute the curing of same
with diligence and continuity, then the time allowed to cure such
failure may be extended for such period as may be necessary to
~ complete the curing of the same with diligence and continuity.
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12.2 In t~~ event the performance of any covenant to be performed
hereiihder by either "Developer/Owner" or "City" is delayed for;
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, stril<es or similar causes, the =:
time for such performance shall be extended by the amount of time
of such delay.
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13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified cheel, or negotiable
bonds, as allowed under Meridian City Code 912-5-3, to insure that installation
of the improvements required in section 5 of this agreement, which the
"Developer/Owner" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 10
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14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that
no Certificates of Occupancy will be issued until all improvements required in
section 6 of this agreement are completed, unless the "City" and
"Developer/Owner" have entered into an addendum agreement stating when the
improvements required in secti~n 5 of this agreement will be completed in a
phased development; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements required in section 6 of this
agreement have not been installed, completed, a~d accepted by the "City".
15. ABIDE BY ALL CIlY ORDINANCES: That "Developer/Owner" agrees
to abide by all ordinances of the City of Meridian and "Property" as the case may
be shall be subject to de-annexation if the owner or his assigns, heirs, or successors
shall not meet the conditions contained in the Findings of Fact and Conclusions
of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3)
days after deposit in the Uni~[~d States Mail, registered or certified mail, postage
prepaid, return receipt requested, addressed as follows:
CITY: DEVELOPER:
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do City Engineer Gold River Companies, Inc.
City of Meridian 2326 W. Rainwater Ct.
33 E. Idaho Ave. Meridian, ID 83642
Meridian, ID 83642
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with copy to: OWNER:
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City Clerk David and Shirley Fuller
City of Meridian 890 N. Ten Mile Road
~~-;r 33 E. Idaho Ave. Meridian, ID 83642
Meridian, ID 83642
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 11
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16.1 A party shall have the right to change its address by deliverintto the
other party a written notification thereof in accordance vvith the
requirements of this section.
. 17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
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18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representa!ives, including "City"'s corporate authorities and their
successors in office:' This Agreement shall be binding on.the owner of the
"Property", each subsequent owner and any other person acquiring an interest in
the "Property". Nothing herein shall in any way prevent sale or alienation of the
"Property", or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both
benefitted and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Developer/Owner", to execute appropriate and
recordable evidence of termination of this Agreement if "City", in its sole and ~IJ
reasonable discretion, had determined that "Developer/Owner" has fully ~
performe~ its obligations under this Agreement.
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20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be
.*; excised from this Agreement and the invalidity thereof shall not affect any of the
other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 12
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"Developer/Ovvner" and "City" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written,
express or implied, between "Developer/Ovvner" and "City", other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change, addendum or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
success~!s in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
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21.1 No condition governing the uses and/or conditions governing __
development of the subject "Property" herein provided for can be ~ .._4
modified or amended without the approval of the City Council after
the ""City" has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment except
that minor modification(s) of required improvements provided for in
section 7 may be approved by City Public W orl<s and Planning and
Zoning Staff, if such changes are required or preferred by Ada
County Highway District Staff. ~
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
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ACI<NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided. r.
ATTEST:
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Valeri IGllian, Secretary
BY RESOLUTION NO.
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DEVELOPER:
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GOLD RIVER COMPANIES, INC.
BY: ()~ ()~
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Vicki Welker, President
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~ OWNER:
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David Fuller
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Shirley, Fuller - ]
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 14
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CITY OF MERIDIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITY CLERI(
BY RESOLUTION NO.
""
STATE OF IDAHO
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COUNTY OF ADA
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On this S~ day of~~~n the year 2000, before
me, a Notary Public, in and for said County and ~tate, personally appeared Vicl<i
Welker and Valeri IGllian, President and Secretary of Gold River Companies, Inc.,
an Idaho corporation, known or identified to me to be the persons who executed the
instrument and acknowledged to me that they did execute the foregoing instrument
on behalf of said corporation.
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Notary Public
My Commission expires:~.s
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 15
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STATE OF IDAHO
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County of Ada
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, in the year 2000, before me,
a Notary Public, personally appeared David Fuller and Shirley Fuller, husband and
I wife, l<.nown or identified to me to be the persons who executed the above and
foregoing instrument, and acknowledged to me that they executed the same.
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Notary Publi for Idaho
Commission expires:~. ~ Ol. tJGf
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STATE OF IDAHO
County of Ada
'f~On this
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day of
, in the year 2000, before
me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the !:
instrument of behalf of said City, and acknowledged to me that such City
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executed the same.
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 16
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EXHIBIT A
AZ-OO-006 LEGALS FOR R-I5 AND L-Q
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(R-I5) Medium High Residential District:
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A parcel of land situated in a portion of the 51/2 of the NWI/4 of Section
11 T.3N., R. 1 W., B.M., Ada County, Idaho and being particularly
described as follows:
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Commencing at a brass cap marking the 'IV 1/4 comer of said Section 11,
thence along the West line of said NW 1/4 N 00025'27" E a distance of
460.09 feet to a point from which a brass cap marldng the NW corner of
said Section bears N 00025'27" E a distance of 2196.33 feet said point being
the POINT OF BEGINNING;
Thence continuing along said Section line N 00025'27" E a distance of
239.80 feet to a 5/8 inch rebar;
Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8
inch rebar;
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Thence N 80040'45rr E a distance of S44.45 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 518 inch rebar;
Thence along the South line of said NWI/4 N 89010'57" W a distance of
485. 79 feet to a point; ~
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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 Ibearing N 11051 '28" E to a point;
DEVELOPMENT AGREEMENT - (AZ-OO-006) - 17
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Thence N 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;
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;
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Thence N 89034'33" W a distance of 200.50 feet to the POINT OF
BEGINNING.
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Said parcel contains 10.96 acres more or less and is subject to all existing
easements and rights-of-way of record or implied.
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(1-0) Limited Office District:
1\ parcel of land situated in a portion of the S V2 of the NW 1/4 of Section
11, T. 3N., R. IW., B.M., Ada County, Idaho and being particularly
d.escribed as follows: ·
BEGINNING at a brass cap marldng the W 1/4 corner of said Section,
thence along the West line of said NWl/4 N 00025'27" E a distance of
460.09 feet to a point from which a brass cap marldng the NW corner of
said Section bears N 00025'27" E a distance of 2196.33 feet;
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Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a
point;
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Thence 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;
Thence S 6'7006'08" E a distance of 43.08 feet to a point;
Thence S 22053'52" W a distance of 51.44 feet to a point;
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 18
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Thence along the arc of a curve to the left having a radius of 100.00 feet, a
central angle of 22004'49", an arc length of 38.54 feet and a long chord of
38.30 feet bearing S 11051'28" W to a point;
Thence S 0049'03" W a distance of 86.04 feet to a point;
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Thence along the South line of said NWI/4 N 89010'57" W a distance of
368.85 feet to the POINT OF BEGINNING.
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Said parcel contains 2.87 acres more or less and is subject to all existing all'
easements and rights-of-way of record or implied.
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 19
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EXHIBIT B
AZ-OO-006
Findings of Fact and Conclusions of Law/Conditions of Approval
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 20
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11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer/Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to secure
the specific performance of the covenants, agreements, conditions, and obligations
contained herein.
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12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer/Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeldng of any remedy provided for herein;
pro~ded, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same
with diligence and continuity, then the time allowed to cure such
failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
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12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer/Owner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, stril<es or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
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13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified checl< or negotiable
bonds, as allowed under Meridian Cit e 912-5-3, to insure that installation
of the improvements required in ction 6 of his agreement, which the
"Developer/Owner" agrees to proVI e, 1 requ ed by the "City".
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DEVELOPMENT AGREEMENT - (AZ-OO-006) - 10
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BEFORE THE MERlDIAN CITY COUNCIL
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IN THE MA TIER OF THE )
APPLICATION OF GOLD )
RIVER COMPANIES, INC., THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 12.73 ACRES FOR VALERl ).
HEIGHTS SUBDIVISION FROM )
R-T TO R-15 AND L-O, )
LOCATED AT THE )
NORTHEAST CORNER OF W. )
PINE STREET AND S. TEN )
MILE ROAD, MERIDIAN, )
IDAHO )
)
Revised ClC 11-08-00
Case No. AZ-OO-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
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The above entitled annexation and zoning application having come on
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
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,
appeared and testified, and appearing and testifying on behalf of the Applicant was
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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 AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ..
BY GOLD RIVER COMPANIES, INC. / (AZ-00-006)
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testifYing with comments or concerns were: Erma Calhoun Atl<inson, Rick Lambert,
Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas,
Reese Walther, Brian Pearson, Margie ~chraeder, Seth Meyer, and at the August 15,
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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
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to September 19,2000, and Shari Stiles, Planning and Zoning Administrator,
II
appeared and testifiedl, 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 David
Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica
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, Mark
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Lines, Rick Jensen, Charlene Chanas, John Egan, Darrel<.l< Webb, Seth Myer, Maryel
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Nelson, David Atl<inson, Roger Ferner, Chelsea Ghasserani, Jody Clarl<, Chris Staley,
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Devon Everhart, and Steven Martin, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
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and Conclusions of Law, and Decision and Order:
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y~) FINDINGS OF FACT
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I. The notice of public hearing on the application for annexation and
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zoning was published/or two (2) consecutive weeks prior to said ~ublic hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXA~ION AND ZONING/
BY GOLD RIVj:R 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,
2000, and then re-noticed for August 15,2000, and continued until August 22,2000
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and again to September 19, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
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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-
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noticed for August 15, 2QOO, and continued until August 22, 2000, and again to
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Se~tember 19,2000, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
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City of Meridian, having been given full opportunity to express comments and
sklbmit evidence.
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
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and 11-16-1.
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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
FO~ANNEXATION AND ZONING/
BY GOLD RIVER 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 December 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
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zoning is described in the application, and by this reference is incorporated herein as
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if set forth in full.
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5. The property is approximately 12.73 acres in size and is located at the
northea~t corner of W. Pine Street and S. Ten Mile Road. The property is
designated as Valeri Heights Subdivision.
5. The owner of record of the subject property is David and Shirley Fuller,
of Meridian, rcfaho.
6. Applicant is Gold River Companies, Inc. of Meridian, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional,
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and consists of undeveloped land.
8. The Applicant requests the property be zoned as Limited Office (L-O)
and High Density Residential (R-15).
9. The subjllect property is bordered to the east, west, and south by Ada
County and cii)r limits of the City of Meridian are adjacent and abut to the north of
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the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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10. The property vvhich is the subject of this application is within the Area
of Impact of the City of Meridian.
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11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensiv~ Plan.
12. The Applicant proposes to develop the subject property in the following
manner: multi-family apartments, townhouses, and office complex.
13. The Applicant requests zoning of the subject real property as L-O and..~
R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land
Use Map~;which designates the subject property as Mixed Residential.
14. The Meridian City Council recognizes and takes notice of the concerns
of all"-persons testifying at the public hearings, along with several letters and Petitions
in opposition to the development and which are filed with the Clerk's office.
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IS. There are no significant or scenic features of major importance that
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affect the consi~eration of this application.
16. GWing due consideration to the comment received from the
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govemme;{tal subdivisions providing services in the City of Meridian planning
jurisdiction, puolic faiilities 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 FACT AND CONCLUSIONS OF LAW .. Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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Adopt the Recomfuendations of Planning and Zoning and Engineering staff as
follows:
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16.1 A~y existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4. Wells may be used for non-domestic purposes such as landscape
irrigation.
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
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
sl\all address, among other things, specific landscape/common area
requirements, any height limitations, right-of-way dedication prior to
submitting for building permits, signage, bike lanes, etc. Through a
development agreement, restrictions shall also be placed on the use of
the proposed L-O property to prevent future application for a
convenience store or other strictly commercial uses that are allowed in
the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic
Establishments in the L-O shall be prohibited for this property in the
Development Agreement.
Adopt the Comments of Ada County Highway District from their letter dated
May 15, 2000, as follows:
16.4 Developer shall install a center left turn lane on Pine Street, east of its
intersection wit~ Ten Mile Road.
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16.5 The dev~loper 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
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 GOLD RlVER COMPANIES, INC. / (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 construction of the traffic signal and the initial
subdivision work. The stop sign installati~n shall require 36" by 36"
STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and
north and south of Pine Street. The installation shall also require 18"
by 6" ALL WAY STOP supplementary plates on the two new STOR
signs and the two existing STOP signs.
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 metpexcept to the extent modified by any
findings or order adopted by the Meridian City Council.
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Adopt the Comments of Community Planning Associ.ation of Southwest Idaho
(COMPASS) from their letter dated June 14,2000, as follows:
16.8 Development of a transportation management plan in coordination with
ACHD Commuteride Program. The transportation management plan
should be submitted to the Highway District for review and approval.
Identify how the development shall meet a 10% trip reduction goal
during peak hour traffic, and also provide short and long term scenarios
for trip reduction goals.
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16.9 In addition to the ACHD requirements, cross wall<.s shall be placed at
both Ten Mile Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
Adopt the actiQn of the City Council from their September 19,2000, meeting
as follows:
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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 assured by the developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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in the companion preliminary plat and conditional use permit
applications for this same property.
17. It is found that if the developer pays for the reque~ed improvements
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and complies vvith 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
vvill 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
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Finding No. l~i 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 vvith the existing, or
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intended character of the general vicinity, in order to assure that the proposed use
vvill not-c:hange the essential character of the affected vicinity and vviII insure that the
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proposed uses vviII 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 pJ.lOperty as (R-15)
Medium High Density Residential District and (L-O) Limited Office permits the
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establishment c;f 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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establishment of groupings of professional, research, executive, adminhstrative,
accounting, clerical, stenographic, public service ana 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
the subject property as Mixed Residential.
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20. Tl1e 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
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. Enaancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such... as the
subject application. ~~
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
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20.4 The pre~rvatlon and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
r subject application.
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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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20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
S~rvice Planning Area is ~sually 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 se~er, if
applicant extends the lines.
CONCLUSIONS OF LAW
I. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjac~nt to city
boundaries and that said property lies within the area of city impact as provided by
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Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
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2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
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provided by "Local L~nd Use Planning Act of 1975' J codified at Chapter 65, Title 67,
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Idaho Code byu.he adoption of 'Comprehensive Plan City of Meridian adopted
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DI;:CISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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December 21,1993, Ord. No. 629, January 4,1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs. ·
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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.
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.
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To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
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.t6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page.ll
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ II
BY GOLD RIVER tOMPANIES, INC. / (AZ-OO-006)
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available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
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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
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G as follows:
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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
(!l5) dwelling units per acre. All such district~must have direct access to a
!ransportation arterial or collector, abut or have direct access to a park or open
space corridor, and be con1}ected to the Municipal water and sewer systems of
the City. The predominate housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
and
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(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative'L~accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
FINDINGS OF FACT AND CONCLUSIONS OF ~W - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ !8 ..
BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a multi-
family apartment, townhouse and office complex as permitted in the R..15 and L-O
zones and compatible with the City's Comprehensive Plan and Zoning Ordinances on :i'
any legal lot within this parcel of land.
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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, shallmeet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 12-2-4 which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N,
which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
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10. Section J 1-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
El
FINDINGS OF FACT AND CON~LUSIONS 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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condition of the zoning, that an o"vner or developer make a written
commitment concerning the u~e or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the' adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or 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. r~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - P_age 14
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ANQ.pECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
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:
I. The applicant's request for annexation and zoning of approximately
12.73 acres to Medium High Density Residential District (R-15) and Limited Office
District (L-O) are granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 12.73 acres. The ~
legal description shall be prepared by a Registered Land Surveyor, Licensed by the
State of Idaho, and shall conform to all the provisions of the City of Meridian
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Resolution No~ 158. The legal description for annexation must place this parcel
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cont.igllous to the Corporate City Limits per Ordinance No. 686.
3. Applicant enter into a Development Agreement, and such Development
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Agreement shall also include and contain the conditions of and for the real property
which provides~(iin the event the conditions therein are not met by the Applicant that
the property shall be subject to re-zone and/or de-annexation, with the City of
Meridian, which provides for the following conditions of use and development to-wit:
.l
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
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15~
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATlqN AND ZONING/
BY GOLD RIVER COMPANIES, INC. / (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 i~ this project, shall be tiled per City Ordinance 12-4-13. The
ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
3.3 Applicant shall be required to enter into a Development Agreement with
the City as a conditi.on 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 siOre or other strictly commercial uses that are allowed in
the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic
Establishments in the L-O shall be prohibited for this property in the
Development Agreement.
3.4
Developer shall install a center left turn lane on Pine Street, east of its
intersection with Ten Mile Road.
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3.5 The developer shall be required to install a traffic signal at the
intersection of Ten Mile and Pine Street, additionally, an agreement
between ACHD and the developer shall be necessary to assure the signal
is constructed in accordance with standards. (Because of the location
being the intersection of two functional streets, the Commission may be
willing to provide the signal hardware if the developer pays for the
design and construction of the traffic signal. If the Commission does
not approve ACHD participation, the signal shall ~e entirely the
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" bX.36"
STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page.16
AND QECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION JtND ZONING/
BY GOLD RIW,R COMPANIES, INC. / (AZ-OO-006)
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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.
it,
3.7 Developer shall met all requirements within the Site Specific
Requirements and Standard Requirements of the ACHD's letter of
August 15, 2000; except to the extent modified by any findings or order
adomed by the Meridian City Council.
3.8
pevelopment of a transportation management plan in coordination with
@ ACHD Commuteride Program. The transportation management plan
should be submitted to the High~ay 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
the companion preliminary plat and conditional use permit applications
for this same property.
4. The City Attorney shall prepare for~~.\consideration bY:1he City Council
:in
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the appropriate ordinance for the annexation and zoning designation of the real
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property which is the subject of the application to (R-15) Medium High Density
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Residential District and (L-O)~ Limited Qffice 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
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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 GOLD RIVER COMPANIES, INC. / (AZ-OO-006)
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appropriate mayping 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.
NOTICE OF FINAL ACTION
Please ta]<e notice that this is a final action of the governing body of the City
...
of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of 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
& -fA..
day of
;Vbv~~
, 2000.
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ROLL CALL $
COUNCILMAN RON ANDERSON
VOTED ~--
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COUNCILMAN I<EITH BIRD
VOTED~
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COUNGIL~ TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED ;1/;?- ~
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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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lv1AYOR ROBERT D. CORRIE (TIE BREAI<ER)
DATED: I/-g-I/O
VOTED ..:----
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MOTION:
APPROVED:. DISAPPROVED:
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to;:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
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By:
City Clerk
msgfZ:\ W ork\M\Meridian\Meridian 15360M\ Valeri Heights AZJ...AZFfClsOrderTwo.\vpd
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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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RESOLUTION NO
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BY:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
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SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND DAVID FULLER AND SHIRLEY
FULLER, AND VIeIO WELI<ER/GOLD RIVER COMPANIES, INC.
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BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
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WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with DAVID FULLER AND SHIRLEY FULLER, AND VICJO
WELI<ER/GOLD RIVER COMPANIES, INC., denoted as "DEVELOPMENT
AGREEMENl'?', a copy of which is attached hereto mar]<ed as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
A
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
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1. The Mayor and Cler]< are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with DAVID FULLER
AND SHIRLEY FULLER, AND VIeIO WELI<ER/GOLD RIVER COMPANIES,
INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of
Meridian and DAVID FULLER AND SHIRLEY FULLER, AND VICJO
WELI<ER/GOLD RIVER COMPANIES, INC., a copy of which is attached
hereto mar]<ed as Exhibit "A" to this Resolution and to bind this City to its
terms-:.a.nd conditions.
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Resolution (AZ-OO-Q06) - I of 2
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _
day of , 200~0.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
_ day of ,2000.
ATTEST:
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MAYOR
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CITY CLERI( I
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Resolution (AZ-OO-006) - 2 of 2
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AZ\Resolution
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CERTIFICATE OF CLERI<
OF
THE CITY OF MERIDIAN
'the undersigned, do hereby certify:
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1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of , 2000,
the following action has been taken and authorized: J; '.j
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A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND DAVID FULLERAND SHIRLEY
FULLER, ANDx VIeIa WELI<ER/GOLD RIVER COMPANIES, INC.
BE IT RESOL\TED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
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WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with DAVID FULLER AND SHIRLEY FULLER, AND VICI<I
WELI<ER/GOLD RIVER COMPANIES, INC., denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked~as Exhibit "A" to this
Resolution, the reasons and authority for which are as set forth in said Agreement.
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NOW, IIHEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows: ·
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1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with DAVID FULLER AND
SHIRLEY FULLER, AND VICI<I WELI<ER/GOLD RIVER COMPANIES, INC.,
entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian
and DAVID FULLER AND SHIRLEY FULLER, AND VICI<I WELI<ER/GOLD
RIVER COMP_ANTES INC., a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
WILLIAM G. BERG, JR.
CITY CLERI(
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: SSe
County of Ada; )
STATE OF IDAHO,
:00
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On this ~ day of , in the year 2000, before me,
, a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
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(SEAL)
Notary Public for Idaho
Commission Expires:
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AZ\C.tofClerk
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Certificate of Clerk (AZ-OO-006) - 2 of 2
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December 14, 2000
AZ 00-006
MERIDIAN CITY COUNCil MEETING December 19, 2000
APPLICANT Vickie Welker / Gold River Compani~s ITEM NO. I
REQUEST Of A - Request for annexation & Zoning 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 ,.,
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AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE OEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
CITY WATER DEPT:
CITY SEWER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEAtTH:
:NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION: ,.
IDAHO POWER:
US WEST:
(
See attached D I A
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INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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..:. Contacted:
Date:
Phone: .S J; ( ;;;0;
MaNda" Pfi,"ect at publIC: rriiiflngjjhal bkom. property of ,the Cly of Meddlan.
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: . '::::::::::::::::::::::::::::::::... ::::::::::::........ .::.... ....~..~.. ,~ .-~: . " ~-'-'. .
To:
Mayor Robert D. Corrie, City Council
cc:
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received original AZ, PP and CUP Findings)
From:
Wm. F. Nichols
'~
Subject:
Valeri Heights AZ, PP and CUP
Date:
November 13,2000
Mayor Corrie and Council:
Please find attached copies of the original documents which are being
delivered to the City Clerk's office, for the above Valeri Heights project.
Please note the following items were revised according to the Council's
action at their.~November 8,2000 meeting.
Annexation and Zoning Findings:
16.7 and 3.7, the additional language at the end of those sentences
reads as follows: "except to the extent modified by any findings or order
adopted by the Meridian City Council."
Preliminary Plat Findinis:
I
Page 4 and Page 5 - "and stamped RECEIVED AUG 21 2000 CITY
OF MERIDIAN CITY CLERI( OFFICE, ...".
2.36 reads after 2000, "except to the extent modified by any findings or
order adopted by the Meridian City Council."
2.45 reads with the insertion of the lan~age: "...at least two, down
from 161 to 159,"
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File
Page 2
November 13,2000
2.46 deleted and then everything thereafter re-numbered.
2.49, which is now 2.48, reads "Make 20 family memberships available"
2.52 which is now 2.51, the words "if 1\CHD approves" were deleted.
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Conditional Use Permit:
13. 10 and 1.10, the word "Storage" deleted.
13.12 and 1.12, the words "maintenance building" deleted, so that it
d "An d"
now rea s approve. . . .
13.63 and 1.63 reads "... the two northern most apartment buildings,"
and at the end of the last sentence the additional language was added, ",
a reduction of 8 units from the request of 128."
13.68 and 1.68 the words "at least two" were added.
13.74 and 1.74 the word "a" was deleted and an "s" put on the end of
"lane" .
13.75 and 1.75 the words, "if ACHD approves" were deleted.
Additionally, the Order was changed with the above revisions, along
with the Site Elan information which was added on page one to reflect the August 21,
2000 receipt by the City Clerk's office.
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If you have any questions please give me a call.
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1 5360M\Valeri
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JULIE KLEIN FISCHER
WM". F. GIGRAY, III
BRENT JOHNSON
D. S~UEL JOHNSON
WILLIA~ A. MORRot!
WILLI~ F. NICHOLS*
CHRISTOPHER S. NYE
PHILIP A. PETBRSON
STEPHEN L. PRuss
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE..
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
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
NAMPA1 83653..0247
~ :
Email viaInternet@wfg@wppmg.com
· ALSO ADMITTED IN OR
..ALSQ ADMITTBD IN VIA
PLEASE REPLY TO
MERIDIAN OFFICE
October 4,2000
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
Re: VIeIO WELI<ER/ ANNEXATION AND ZONING ORDINANCE
(AZ-OO-006 )
Dear Will:
Please find enclosed the above ordinance for the annexation and zoning for Vicki
Welker. Please place this ordinance on the City Council agenda. This ordinance should not be
passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting
Application for Annexati9n and Zoning are aaopted, and the Development Agreement has been
signed by the developerslowners.
Also, please note in Section 5 you will need to fill in the date when the
Development Agreement has been executed.
If you have any questions arise, please advise.
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MAYOR
Robert D. Corrie ,....~
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 .. Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 .. Fax 887-1297
PLANNING AND
DEPARTMENT
(208) 884-5533 .. Fax 888-6854
CITY COUNCIL MEMBERS
Ron Anderson
. :
Keith Bird
Tammy deWeerd '=
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
October 25, 2000
.~ ';'~'~"-'
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Vicki Welker I Gold River Companies, Inc.
2326 W. Rainwater Court
Meridian, ID 83642
Re: Valeri Heights Annexation and Zoning
AZ 00-006
~....
Dear Vicki,
:.{~ftt.: ~:~~ ~
You will find enclosed the original copy of the Development AgreementtJA
conjunction with the above-mentioned application which needs to be reviewed
and signed by you and then returned to our office at the above address.
If yq~u should have any questions or concerns, please feel free to call.
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Sincerely,
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Shelby E. Ugarriza
Deputy City Clerk
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